had relation to the time to come And yet notwithstanding this kind of speach would haue been but a harshe kinde of speach namely to saye Take thou authoritie to preache when thou shalte haue authoritie to preach couplinge the present tense with the future tense the time present with the time to come applying that to them selues but men which is onely proper and peculiar to the holy Ghost vsing the future tense and the time to come for the certaintie of the euent thereof instead of the present tense and the time present But these wordes take thou authoritie to preache the worde to the congregation in the place where thou shalt be appointed is a very proper kinde of speach and the wordes them selues carrie with them a naturall sence As if the statute should haue precisely and absolutely sayd thus In what place soeuer thou shalt hereafter be appoynted to execute the office of a minister thou hast now authority giuen thee to preach For in case this were not the naturall meaning of the statute they might well forbid the minister to administer the Sacramentes without speciall licence in wryting or not to pray or not to fast or not to say seruice or not to bury the dead such like But there is more to serue their turnes and to helpe their cause in the law CanoÌ„ in the iniunctions the law Canon being thus Ex. de heret c. excom § Quia vero QVIA VERO NON NVLLI c. But because some vnder the colour of Godlines denying as the Apostle saith the power thereof challenge vnto them selues authoritie to preach whereas the Apostle sayth How shall they preach vnlesse they be sent all they which are forbidden or not sent shall besides authoritie giuen vnto them either from the Apostolike sea or the Catholike Bishop af the place publikely or priuately presume to vsurpe the office of preaching let them be excommunicated and vnlesse they speedelye repent let them be punished with some other competent paine The iniunction beeing this Item that they the persons aboue rehearsed shall preach in their owne persons once in euery quarâ—er of the yeare at the least one sermon beeing licensed specially therevnto Wherevnto I aunswere that this decree and this iniunction requiring speciall lisences to preach And the Bishop by vertue of the foresayde statute giuing authoritie to preach can not iarre much and that one little wrest wil set them in tune their oddes is so small If I saye vnto one by worde of mouth Syr take here the key of the gate of my pasture where my Grey ambling Gelding runneth opeÌ„ the gate bring him out take him to your owne vse I giue him you franckly hath he not as good a title and interest to my horse as if I had made him a bill of sale vnder my hande and seale And hath not the minister likewise as well a speciall license from a Bishop to preach that is willed openly in the presence of God men and Angels as he that hath a special licence giuen him alone in a corner the one is pronounced solemnly in the middest of the congregation the other is done secreatly by a goose quill Moreouer neither doth the foresayde Canon neither yet the Iniunction require a special licence in wryting to the ende that the minister shoulde haue power thereby onely to preache For so shoulde you take away the forme and order appoynted by act of Parliament whereby authoritie is giuen to a minister to preach and commit the making of a minister to the Bishop without a congregation But the ende why a speciall licence ought to be had is not so much for the partie him selfe to preach within his owne cure as for them that shall admit him to preach out of his owne cure And that appeareth manifestly by the eight Article of the iniunctions The wordes are these Also that they shall admit no man within any their cures but such as shall appeare vnto them to be sufficiently licensed therevnto c. And in the ende of this Iniunction it is expresly permitted to euery minister to preach within his owne cure though he be not specially licensed therevnto The wordes are these And that no other be suffred to preach out of his own cure or parrish then such as shal be licensed as is before expressed therfore a minister to preach within his own cure yea thogh he haue no licence is commaunded In the time of Henry the 4. at what time Wyckliffe preached the Gospel the very same lawes were established against him and his brethren to staye the course of the Gospell and yet were neuer any forbidden to preach in their owne parrishes as appeareth by that that followeth Let no man within this Realme or other the kings Dominions presume or take vpon him to preach priuily or apertly without speciall licence firste obtayned of the ordinarie of the same place Curates in their owne parrish churches and persons heretofore priuiledged others admitted by the Canon law only excepted And that no maner of person seculer or reguler beeing authorized to preach by the lawes now prescribed or lycensed by special priuiledge shall take vpon him the office of preaching the worde of God or by any meanes preach vnto the clargy or layety either in the church or without in Latine or english except he first present him selfe be examined of the Ordinary of the place where he preacheth And so being found a fit person as wel in maners as in knowleg he shal be sent by the said ordinary to some one church or more as shal be thoght expedi ent by the said ordinary according to the qualitie of the person Nor any persoÌ„ aforesaid shal presume to preach except first he giue faithfull signification in due forme of his sending and authoritie that is that he that is authorized do come in forme appointed him in that behalfe and those that affirme they come by speciall priuiledge do shew their priuiledge vnto the parson or Vicar of the place where they preach And those that pretend theÌ„selues to be sent by the Ordinary of the place shal likewise shew the ordinaries letters made vnto him for that purpose vnder his great Seal Let vs alwaies vnderstande the Curate hauing perpetuitie to be sent of right to the people of his own cure Furthermore no clergy maÌ„ or PerochiaÌ„s of any parish or place within our prouince of Canterb. shal admit any maÌ„ to preach with in the churches churchyardes or other places whatsoeuer except ther be first manifest knowledg had of his authority priuiledge or sending thither according to the order aforesayde Touching the first protestation to be made promised subscribed by theÌ„ that shal hereafter be admitted to any office roome or cure in any church or other place ecclesiastical contained in these words in the booke of aduertisements In primis I shal not preach or publikly interpret but onely read that which is appointed by publike authority without special
AN ABSTRACT OF CERTAIN Acts of parliament of certaine her Maiesties Iniunctions of certaine Canons Constitutions and Synodalles prouinciall established and in force for the peaceable gouernment of the Church within her Maiesties Dominions and Countries for the most part heretofore vnknowen and vnpractized Cod. de Epis Cler. l. Nulli licere ¶ Neyther let them feare to be called and suspected pick-thankes seeing their faythfulnesse and diligent trauell carrieth with it as well praise as honestie and godly zeale hauing published the trueth to the eares of all men and brought it to the open light PROVER 31. 8. Open thy mouth for the dumbe in the cause of all the children of destruction To the Christian Reader THou hast seene beloued by long experience a lamentable contention to haue growen and continued in our English Church about reformation of Ecclesiasticall discipline and popish ceremonies whereby the quiet peaceable estate both of the Church and coÌ„mon wealth haue been shrewdlie troubled and brought in hazarde The causes of which warre and dissention I leaue to the good consideration of thy godly wisedome onely I am to intreat thee to accept this my labour bestowed vpon the study of the lawes appoynted for the gouernaunce of the same Church hoping that by the authoritie of hir excellent maiestie and the counsayle of the honorable fathers gouernours of her highnes empire they may hereafter not only be better executed but also if the case so require be reuisited For were the same Lawes either better knowen vnto the whole church either better executed by those vnto whome our gratious Soueraigne hath committed their Execution no dout but very many notable points of such controuersies as haue beene a long time amongst vs woulde be easily speedily by the same laws decyded I am not beloued in this so waighty a cause absolutely to rest my selfe vpon the skill of mine own simple iudgment onely according to the knowledg giuen vnto me I haue for my part faithfully laboured to cite the lawe for that end purpose wherunto I take the same to haue beene first ordeined And therfore I am heartilye to desire thee to accept of this my labour trauail vndertaken not onely for the defence of her highnesse Lawes but also for my brethren and neighboures sakes and that peace and prosperity mighte bee within the walles and pallaces of Ierusalem Farewell and pray in thy spirit for the preseruation of the life of our gratious Queene Elizabeth An Abstract of certaine Actes of Parliament of her Maiesties Iniunctions Canons and Synodals Prouincial established and in force for the peaceable gouernement of the Church within her Maiesties Dominions heretofore for the most part vnknowen and vnpractized BY an act of Parliament made the 25. H 8. C. 19. intituled An act concerning the submission of the Cleargie c. It was enacted as followeth Prouided also that such Canons constitutions ordinaunces and Synodals prouinciall being alreadie made which be not contrariant nor repugnant to the lawes statutes and customs of this realm nor to the domage or hurt of the kings prerogatiue royal shal now stil be vsed executed as they were before the making of this act c. This act is reuiued 1. Eliza. ca. 1. Out of this act I conclude that al Canons constitutions ordinances and synodals prouincial made before this act requiring and commanding a learned Ministery prohibiting many benefices to be giuen to one man prohibiting ciuil iurisdiction to be in Ecclesiasticall men and prohibiting one man to excoÌ„municate for that such Canons c. cannot be contrary or repugnant to the lawes of this realme nor hurtfull to the kings prerogatiue are in force ought to be executed and therefore by this act all the Canons specified in any part of my treatise are in force so by vertue of this act a learned ministerie commanded Plurallities forbidden c. A learned Ministerie commanded by the Lawe Ex De elect Cap. Nihil est NIHIL EST c. There is nothing that may hurt more the Church of God then that men vnworthie are taken to the gournment of soules We therefore willing to applie a medicine to this disease decree by an inuiolable constitution that when any shal be chosen to the gouernment of soules he to whome the confirmation of his election appertayneth diligently examine both the processe of the election and the person elected to the ende that if all thinges concurre aright he may confirme him in his function For otherwise if any thing shall be vnaduisedly attempted not onely â—e that is vnworthily promoted but also the vnworthie promoter him selfe shall be punished and if any man shall approoue any of insufficient learning of an vnchast life or not of lawful age when his negligence herein shal appeare we decree him to be punished thus not onely that he be â—uite depriued of power to confirm the next successor but least by any meanes he might scape vnpunished that he be also suspended from the commoditie of his owne benefie Out of which constitution these conclusions may briefly thus be gathered 1 Whatsoeuer is hurtfull to the Church of God the same is to be forbidden 2 But it is hurtful to the Church of God to haue vnworthie men takeÌ„ to the gouernment of soules 3 Therefore the same is to be forbidden 1 He that cannot worthily execute his office is â—ot to be admitted to holy orders and Eccleâ—…asticall dignities 2 But a man of insufficient learning of vnhonest coÌ„uersation can not worthily execute his office 3 Therefore such a one is not to be admitted to Ecclesiasticall dignities IF any iudge the meaning of this Chapiter to bee onely of superiour Prelates as Archbishops bishops Abbotes or such like elected by some common society of canons Monkes Friers or collegiat Priests because of these words Election Confirmation properly applyed to such not to inferior Ministers which are properly sayd to be presented and instituted then is such both diligently to marke the reason of the decree prouiding a remedie against the detriment that might redounde to the Church in both cases if for both remedie were not before hand prouided And also to vnderstande that the name of Prelate is by law attributed likewise to euery Parson and Vicar hauing cure of soules D. ex de cleric aegrotant c. sua glos lynd Consti de sacra iterand c. ignorantia vers prelati Quia quilibet qui praeest curae animarum dicitur esse Prelatus Euery one that is preferred to the cure of soules is named by this name Prelate And also that election and confirmation in and to the superiour functions haue but the very same effect to the obtaining of their promotions that presentation and institution haue to the inferiour Ministers for enioying of their benefices then is such I say to consider all these thinges together with the end of the chapiter where speciall charge is giuen for inferiour offices And so
of foresight of the waightinesse of the office vnworthilye haue taken vppon him the gouernement of any Churche a burthen too heauie for him to beare he maye foorthwith forgoe and renounce the same both so to be disburthened him selfe and that the Church also might be furnished with some able man to supply the necessitie thereof Ex. de prebend c. venerabilis PRO DEFECTV SCIENTIAE c. For want of knowledge a Man may desire cession For where as knowledge is chieflie necessarie about the Administration of spirituall thinges and also behoofefull about the charge of Temporall thinges let it be lawefull for him that hath charge to gouerne the Church in these thingts to renounce the sayde Church in case he haue no knowledge whereby he may gouerne the same For sayeth the Lorde thou hast reiected knowledge and therefore I will reiect thee that thou be no Priest vnto me Hence may be gathered two argumentes the one to prooue the necessitie of knowledge in a spirituall Pastour the other to prooue a lawfulnesse for the renouncing of that which without great preiudice and hurt to him selfe and others he can not retayne 1 He that taketh vppon him the administration of spirituall thinges must haue the knowledge of spirituall things 2 But he that taketh vpon him the gouernement of the Church taketh vpon him the administration of spirituall thinges 3 Therefore he that taketh vppon him the gouernement of the Church must haue the knowledge of spirituall thinges 1 It is lawfull for euery man that taketh vpon him a charge or function without knowledge howe to gouerne the same charge to forgoe and for sake the sayde charge or function 2 But euery vnlearned minister hauing a charge as without knowledge how to gouern the same his charge 3 Therfore it is lawful for him to renouuce his sayd charge ANd againe euen to auoyd the perill of soules and that neither age neyther any bodily disease or impotency should be any occasion or hinderaunce to the people from hauing and enioying the benefit of a teacher the law prouideth in this case also as followeth 7 q. 1. Petisti PETISTI c. Thou desirest that for thy age growing vpon thee and thy bodily infirmitie thou mightest without aduise in the same seat where thou gouernest place one in thy steed but we God beeing our helper giue counsell to thy holinesse that for the helpe of reasonable mens soules Christ beeing thy guide thou doe not leaue these which thou obtaynest in the Church of Mense but if the Lorde according to thy request shall giue vnto thee a perfect man who may take vppon him the care for the health of soules thou shalt ordayne him Bishop in thy place and he shall be in the Gospell committed vnto thee and in bearing the ministerie of Christ in euery place shall visite and comforte the Church of God All which Canons and constitutions being made published long sithence are againe confirmed ratified and allowed by latter constitutions decrees and ordinances as followeth Ex. commu de Praeb dig c. Ad regimen AD REGIMEN c. Although we by disposition from aboue vnworthily called to the gouernment of the vniuersal Church as we ought so haue we in our desires that by our indeuour and diligence fit men be taken to the regiments of Churches and Monasteries and other Ecclesiasticall benefices according to the diuine pleasure and our purpose and intent which might rule and profite the Churches Monasteries and the foresayde benefices to be committed vnto them And agayne Clement de aetat quali c p. 1. CVM ECCLESIAE c. For asmuch as the churches wherunto vnfit persons in knowledge maners or age are preferred suffer for this cause as experience teacheth in their spiritualities temporalities oftentimes great detriments we willing that this thing by the diocesanes of the places vnto whome this charge by reason of their office apperteineth be more diligently foreseene straightly enioyne that they themselues more diligently obserue and cause inuiolably to be obserued by their subiects such canonicall constitutions as haue hitherto bene published for the preferring of persons vnto such Churches if they will auoid the displeasure of God and the punishment due by the Apostolike sea And not onely these Canons established and confirmed by the Popes Act of Parliament but euen our own prouincial constitutions made long sithence for the realme of Englande haue ordayned and established a learned ministerie appointed an able and fit state of Cleargy men to be had through out the whole Empyre and Dominiōs of her Maiestie The tenor of some of which constitutions followeth Otho constitu cum sit ars §. exigit First Exigit namque ars nostra catholica vt sit vnicus in vna ecclesia sacerdos alias magister perfectus ordine habitu vita sancta scientia doctrina For our Catholique religion requireth that in one Church there be one Priest otherwise called a perfect teacher in order and habite in holy life in knowledge in doctrine Secondly Absque magistro preterea ecclesia desolata manet sape die nec persona in ea nec saltem vicarius perpetuus inuenitur sed aliquis forte simplex sacerdos de vita sancta scientia doctrina est ei nimis modica heu cura without a master the church oftētimes remaineth desolat hauing neither parsō nor any cōtinual vicar but perhaps som silie ignorāt Priest but as touching their holy life their knowlege and their doctrine alas there is too too little care had Otho const cum sit ars §. absque SACER ORDO c. A sacred order is to bee conferred to him that is most worthy to the end that by him the other sacraments might be ministred Wherfore since it is a thing very perillous to ordein mē vnworthy Idiots Illegitimate irreguler persons vnlearned persons vagrant and such as haue not any certayne or true title indeed We ordein that before the conferring of orders diligēt inquisition search be made by the Bi. of al these things Which constitutiō whether it be obserued or no I refer the reader to the directions of the By. Canons Wherin they manifestly tel vs that they proceed first enquire afterwards that they first giue the minister a charge appointing him to teach afterwardes send him to the Archdeacōs or his officials court to learn as is manifest in their Canōs published in the year of our Lord. 1571. Title Archdeacon also in the aduertisementes Title ecclesiasticall pollicy Wherein they haue not attended the meaning and intent of Lawe which alwayes requireth Bart. in l. si quis posthumos § filiū nu 3. ff de li. posthu ff de minor l. de aetate de feriis lc 2. Vt qualitates adsint eo tempore quo dispositio sumat effectum That qualities must then bee had when the disposition taketh effect Vt qualitas testis attenditur tempore
commaunded generally by the bishop to be taught vnto the youth of the realme in all schooles of their Diocesse yet notwithstanding the minister contrary to a vowe made by him at the commaundement of his Ordinarie appoynted thervnto by lawe is very iniuriously dealt with for that he is not permitted to exercise any discipline at al our Bishops and Archdeacons challenging vnto themselues a principal prerogatiue to punish al malefactors within their seuerall iurisdictions An other reason that this statute hath appoynted as well the discipline of Christ as the doctrine and sacramentes to be ministred as the Lord commaunded onely and none otherwyse is this namely for that this statute was made to refourme as well the disordered discipline vsed in the time of popery amongst the popish idolatrous Priestes as it was to reprooue their false doctrine and prophanation of the sacraments so that neither the one neither the other should be ministred by the ministers of the Gospell for otherwise this branch of the statute should ordayne nothing so contrary to the nature of a Law be Lex absurda an absurd Law And therfore what open wrong intollerable iniury is offered the Saintes of God loyal subiects to her Maiestie calling for discipline at the cheefe Prelates handes commaunded by the Lord and in trueth established by the Lawes of her highnesse Empire euery indifferent man may easily discerne It followeth in the Booke of making of Ministers Bishop Will you be diligent to frame and fashion your owne selues and your Families according to the Doctrine of Christe and to make both your selues and them as much as in you lyeth wholesome examples and spectacles of the flock of Christ Answere I will Byshop Will you maintain and set forwards as much as lieth in you quietnesse peace and loue amongst all Christian people and specially amongst them that are or shall be committed to your charge Answere I will In the end when hee layeth on his handes he sayth to euery one Be thou a faithfull Dispenser of the worde of God and of his holy Sacraments And againe Take thou authority to preach the word of god and to minister the holy Sacramentes Which action and Speeches of the Bishop are to bee well wayed and considered The words which the Byshop pronounceth Be thou a Faithful dispēser c. Take thou authority to preach are wordes appoynted him by the whole State to bee pronounced What was it trowe you the meaning of all the States and Nobles of the Realme or was it our most excellent Soueraigne the Queenes Highnesse her pleasure to haue enacted by Parliament that a Byshop should commaund an Apothecarie not exercised at all in holy scriptures and altogeather vnable to teache to bee notwithstanding a faythfull dispensor of the worde of God and to take authoritie to preache No no they verie well knew that the outward sound of the bishoppes wordes in the eares of such a man coulde not worke any inwarde grace or giue any inwarde vertue to the perfourmaunce of so high a calling or of so holy a function And therefore as it becommeth a true and loyall subiect I dare not for my part so dishonourablye conceyue of their wisedomes much lesse I take it shoulde the Bishop so disloyallye abuse their credite and authoritie Was their intente and purpose trowe you that the bishop by these his demaundes and the minister by these his aunsweres shoulde not bynde the minister him selfe to perfourme by him selfe this duetie to preach but that the same should be done by a thirde personne I trowe no. For my maisters and Doctors of the Canon and Ciuile Lawe Burgesses in the house of Parliament know Institu de invtili stipu § si quis that Promssio facti alieni mutilis est quod si testator iusserit aliquem in certum locum abire vel liberalibus studiis imbui vel domum suis manibus extruere vel pingere vel vxorem ducere per alium id facere non potest quia haec omnia testatoris voluntas in ipsius solius persona intelligitur conclusisse A promise made of an other mans fact is vnprofitable and that if a Testator shall will any to goe to a certayne place or to be furnished with the liberall Sciences or to buylde an house or to paynt a Table with his owne handes or to marry a Wyfe that he can not doe any of these thinges by an other man because the will of the Testator hath concluded all these thinges onely in his owne person Was their meaning that the bishop pronouncing these wordes Be thou a dispensor was their meaning I saye by those wordes to haue the bishop committe the office of reading Homilies to a minister or to iudge reading of Homilies to be preaching No no Their proceedinges appeare to bee of greater wisedome knowledge iudgement discretion and Godlinesse They appoynted by the same their consultation three kindes of offices to bee in the Church Deacons Ministers and Bishoppes appoynting seuerally to euery officer his seuerall duetyes and hath expresly appoynted reading Homilies to bee the office of a Deacon For in the ordering of Deacons the Bishoppe by vertue of the Statute pronounceth these wordes vnto the Deacon It pertayneth to the office of a Deacon in the church where he shall be appoynted to assiste the Priest in deuine seruice and speciallye when hee ministereth the holye Communion and to helpe him in the distribution thereof and to reade holye scriptures and Homilies in the congregation c. I take it and holde it for a principle that the Bishop hath no authoritie by his Lordship to alter or transforme an Act of Parliament and therefore I take it that I maye safelye conclude without offence to his Lordshippe that he can not by lawe appoynt anye minister to reade anye Homilies in anye Church Statute lawe is Stricti Iuris and maye not be extended What will you then by lawe positiue barre reading of Homilies in the Churche No. But I woulde haue the Lawe positiue obserued and so barre reading of Homilies from a Minister because the Lawe positiue hath appoynted that office to a Deacon For it is not lawefull for one priuate man and fellowe seruaunt to transpose from his fellowe seruaunt an office committed vnto him by publike authoritie And it is verily to be thought the bishop him selfe will challenge as much vnto him selfe by this statute from the minister and plainly tell him that by this statute he alone hath authoritie to make Deacons and ministers and to gouerne them and that therefore it beseemeth not a minister to be ordered otherwise then according to the forme of the booke no otherwise to preach then as he shall be licensed therevnto by him the Bishop As touching the iniunctions the aduertisments and the articles of religion wherein mention is made sometimes that Parsons Vicars and Curates somtimes that the minister shall reade Homilies they may easely be reconciled by this statute For the iniunctions
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
they choose Steuen c. Which ordinaunce of the Apostles whosoeuer shall thinke that the same may receiue a counterbuff by an Angell 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 sayde Canons of Adryan plainely and in flat termes are derogatorie to her maiesties prerogatiue royall and therefore by the statute of 25. Henry the 8. vtterly abolished Thirdly they are against the customes and statutes of the Realme For by all the customes of the Realme where any Mayor Bayliffe Shreiffe or head officer of any Borough Towne or any incorporation is to be elected or where any knight of the sheire any Burgesse any Constable any Crowner any Vergerer within any forrest and such like are chosen the same officers are alwayes chosen by the greatest part of such mens voyces as haue interest in the action And as touching the statutes of the realme it is likewise euident that they confirming the booke of king Edward the 6. and the Canons not preiudiciall to her highnesse prerogatiue royall giue vnto the prince nobilitie gentry and other faithfull of the land an interrest in choyce and allowance of their pastours And who can be so voyd of reason or vnderstanding as to imagine that men renewed with the spirit of wisedome in the Gospel of Christ should be carefull and diligent in the choyce of discreet and wise men to be dealers for them in matters pertayning to this transitorie life and yet should be remisse negligent what guides they approoue of to conduct them in the wayes of eternal life Or that they should be lesse prouident ouer their spirits and soules then ouer their bodyes and goodes Euery man whether he be in the ministery or out of the ministery contrary to that blind popish distinction of Layetie and spiritualtie if he be a true beleeuer is the seruant of Christ and hath the spirit of Christ and in the choyce of his Pastour shall haue a Spirite giuen vnto him to discerne whether the same be a man apt to teach or no. The confusion therefore so greatly feared by popishe Idolatours is not once to be suspected amongest Christians They had cause to feare and be affrighted hauing put away fayth and a good conscience But we haue boldnesse with confidence to approch vnto our GOD who is able and will assuredly stay the rage of the people and fynishe our actions with a quyet and peaceable issue And thus much of the face of the Church and of the choyce 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 alwayes had respect to a competent and sufficient knowledge therin so the Act of Parliament made the 13. Elizab. cap. 12. hath fully and at large expounded the same and limitted the knowledge thereof in these words None shall be made a Minister vnlesse he be able to aunswere and render to the ordinary an account of his Fayth in latine according to the sayde Articles And if any shall be ordayned contrary to any prouision of that Act then is he no Minister at all And thus as breefly as I coulde I haue examined these wordes mentioned in the Booke viz. calling tryed examined knowne qualities the face of the Churche and the Latine tongue what meaning and signification by Lawes in force the same wordes haue And also what order and forme our Byshoppes oughte by Lawe positiue to haue vsed in making Deacons and Ministers and what credite and fidelity her Highnesse and the whole bodie of our Church and common weal haue reposed in them for an orderly vpright and syncere disposition of these things Vnto which trust how aunswerable there seruice and gouerment hath beene I doubt not but vpon there Examinations they wil approue the same to haue bene faythful iust and equall But by way of supposition If any shall deny their fidelities to haue beene such as is pretended what remedye then or what is to be done then Hereunto I answere since the perill happening vnto others thorough their negligences in time past is vnrecouerable that therefore the Lawe established against such excesses woulde bee 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 Parliament is this viz. Tam indignè promouens quam indignè promotus est deiiciendus As well the man vnworthily promoting as the man vnworthely promoted is to be deposed Proofs exaÌ„ples wherof are these In the Cap. NIHIL EST EX DE PREBEND Order was taken as you haue seene before that not onely men vnworthy shoulde not be admitted to regi-ment of soules but it is also in that place prouided incase any thing shall be otherwise vnaduisedly attempted that then not onely the man vnworthily promoted but also the vnworthye promotor should be punished Ex de aetat qualit c. penult And again it is decreed thus If they shall hencefoorth presume to ordayne any that are vnskilfull and ignoraunt which may easely be espied We decree that both the ordaynours and the ordained be subiect to grieuous punishment So. dist c. ex penitentibus 5r dist c aliquantos Againe Qui ex certa scientia indignum ordinat aut deponitur aut priuatur potestate ordinandi He that wittingly ordayneth an vnworthy man is either to be deposed or depryued from power to ordayne 1. q. 1. c. si qui epis Againe Si qui Episcopi c. If any Bishop haue consecrated any such Priest as ought not to be consecrated although in some sort they escape infamie yet they shall not thencefoorth haue ordinations neither shall they euer be present at that sacrament which they vnworthily haue administred Vpon which decree and the worde ordinations the glose flatly concludeth Quod semper est veritas quod qui promouet indignum depositionem meretur That the trueth euermore is this viz. that whosoeuer promoteth an vnworthy maÌ„ deserueth to be deposed Quia culpa reus c. glos in const otho de scru in ord facien c. 1. ver ab Bicause he is culpable committing an order charge or office to such an vnworthy person And because he is vnfaithfull communicating his ministery vnto an vnworthy man to the hurt of the Churche and honour of God which by good ministers ought to be furthered ff de exercit l. 1. § magiâ—…rum A shipmaister or an Inne keeper vsing the seruice of an euill mate or ship boy or of an vnthriftie Tapster or Osteler is to make restitution if any thing imbezeled from his passengers or Guestes for the negligence of either of these in this case is punishable Quia opera malorum seruorum vtitur Because he vseth the seruice of euill seruants By which lawes
and publikely before witnesse admonishe him otherwise you can not haue him excommunicated because Forma quoticscunque non est seruata actus est ipso iure nullus Howe often so euer the forme of an acte is not kept the Acte by meere Lawe is no Acte at all because sayth the Canon a solemne and diligent intreatie required in such perpetuall grauntes and alienations of Church goodes hath not beene obserued therein wee by the aduise of our brethren Decree the same graunt to bee voyde By Ciuill Lawe Cod. De Sacrosanct eccles l. hoc ius l. praedium Church goodes can no otherwise bee pawned or layde to gage then as the Lawe formally prescribeth because a due solemnitie ought to bee obserued In fines and recoueries leuyed by the common Lawes of this Realme Attorneyes on both sides must bee warraunted there must bee vouchers and vouchees there must bee writtes and retornes of writtes there must be proclamations there must bee warraunties and many other circumstaunces which being not obserued the parties in reuersion or remainder beeing grieued may bring their writtes of error and recouer the landes passed by erronious fines or recoueries In the first yeere of Henrie the seuenth Chapiter fifteene a statute was made that the partie playntiffe shall finde pledges to pursue his playnt as are knowne there in that Countrie In the case of this statute if the Sheriff take one suretie alone or men of another countrie as pledges the bonde is voyde because by the common Lawes of the Realme as well forme as matter is necessarie If in the sale of any pupilles goodes or alienation of the Emperors patrimonie the sorme and manner appoynted by Lawe bee not exactly and diligently kept the sale and alienation is in effect no sale and no alienation The reasons of which Lawes and ordinaunces as I sayde before are these Forma dat esserei Panor in c. nulli nu 7. de rebus eccle non aliae fol 59. Specula in tit de aduoc § 5. vers cum ante Panor in c. fin vt lit non contest nu 20. Panor in c. publicat de elec nu 9. Panor in c. super questionum § verū nu de off deleg id in c. prudentiam nu 5. eod eius omissio inducit nullitatem actus The fourme giueth beeing and essence to a thing and the omission thereof induceth a nullitie of the act Si deficit forma in priuilegio res caret priuilegio If a priuilege wāt the form of a priuiledge the thing lacketh priuilege And again Solemnitates quae requiruntur in alique actu sinon scruentur actus corruit solēnities required to be in any acte if they be not obserued the act faileth And again Ferma non seruata in vna parte actus violat totum actū The form not kept in on part of the acte violateth the whole act Quia verum est dicit excessisse istum fines mandati Because it is true saith he that this man hath passed the boundes of his commaundement And therefore in an other place Panormitane concludeth thus Forma certa procedendi vbi datur processus corruit non solum quando est attentatum contra formam sed etiam citra vel preter formam quia vbi forma certa datur paria sunt aliquid facere contra preter vel citra formam Where a certaine forme of processe is limited the processe fayleth not onely when any thing is attempted against the forme but also eyther without or besides the forme the obseruatiō of which solemnities and forme of an act are of suche force and necessitie by Lawe that neyther custome or yet a consent of parties can alter or chaunge the Lawe herein Panor in Greg. nu 14. fol. 17. Solemnitatis omissio ex sola consuetudine inducta violat actum The omission of a solemnitie brought in onely by custome marreth the Acte Ea quae inducunt certam solemnitatem in actibus hominum non possunt consensu partium tolli quia pacta priuatorum iuri publico non derogant ff de pactis And those things whiche induce a certayne solemnitie in mens doings cānot be abolished by cōsent of parties because priuate mens compacts cannot be derogatory to cōmon right In so much that in this case Forma debet seruari ad vnguem specifice non per equipolens A forme ought to be kept at an inche and specially and not by any thing equiualent though in many other cases this rule taketh place Nihil interest quid ex equipollentibus fiat It is no whit materiall whether of the things that are equiualent be done Moreouer Forma data à lege vel statuto debet seruari à rustico muliere iuniore A forme giuen by lawe or statute ought to be kept by an husbandman by a woman and by one vnder age though in many other things these three haue their seuerall priuiledges And to make this more plaine and the certaintie therof to be infallible you shall vnderstand that the lawe hath beene executed according to these rules euen in this selfesame case of making Deacons and Ministers And first touching their tryall and examination Glos c. quando distinct 24. ver in vest gent. Si quis presbiter aut Diaconus sine aliqua examinatione ordinati sunt abiiciantur ex clero Et si non fuerit in aetate literatura honestate examinatus deponendus est If any be made an Elder or Deacon without examination let him bee cast out from the Clergy And if he shall not be examined touching his age his learning and his honestie he is to be deposed Secondly touching the time If a Minister or Deacon haue bene made at any other time then at the time appoynted by lawe it hath bene decreed against them as followeth Extrauag de tempo ordinand c. cum quidam EPISCOPVM c. A bishop that celebrateth orders in a day wherein he ought not doe thou correct with Canonicall discipline vntil they haue receiued grace from vs to be restored so long oghtest thou to make them to be voyd of orders receiued And agayne Sanè super co c. Truely concerning that the maner is as thou sayest in certaine Churches of Scotlande and Wales to promote Clearkes vnto holy orders in the dayes of the dedication of Churches and Altars out of the foure times appoynted for fastes We declare that that custome as enemie to Ecclesiasticall institutien is vtterly to be improoued And had we not regarde vnto the multitude and auncient custome of the lande men ordayned should not be suffered to minister in orders so taken for with vs men so ordayned should be deposed and the ordaynors should be depriued of authoritie to ordayne Thirdly Fol. 1. pag. 2. touching the presentation of Deacons to be made by the Archdeacon or his deputie Fol. 1. 1. and of ministers by the Archdeacon onely out of many particular lawes this generall Maxime is verefied
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
ordayne that the Byshops and their superiours may freely dispence with those that eyther nowe do obtayne or hereafter shall obtayne vnder thee such Churches that they continuing at study for learning be not compelled to be promoted vnto orders vntill the ende of seuen yeares And though this Lawe seeme speciallye to haue respect vnto such as for studie sake are Dispensed with for not entering into the Mynisterye before the ende of seuen yeares yet the reason of the Lawe abridging the time of continuall absence and appoyntinge that the flocke be not left without one able to gouern and teach the same is to be extended to all manner of dispensations whatsoeuer where the like absence may breede the like daunger ff De. vi vi arm l. 1 §. quod vulgo ff De. legib l. non possuÌ„t Vbi eadem ratio idem ius statuendum Where one and the selfe same reason is there one the selfe same law is to be ordeined De similibus simile debet esse iudicium In cases alike a like iudgement ought to be had And it is expresly forbidden in the Chapter QVIA before mentioned that no perpetuall Dispensation for receyuing of Ecclesiasticall fruites be graunted no not by the Pope him selfe And there is expresse mention made of him that shall not be resident vpon one of his Churches that shall be Student in any Schoole of learning that shall be absent from his benefice eyther at the Court of Rome or at any other place whatsoeuer that euen such a one shall not haue any perpetuity by Dispensation thereby to receiue the fruites and profites of that Church from the which for any of those foresay de respectes he may be absent Therefore against perpetuities of Pluralities out of the Chapiter Is etiam out of the Chapter Quia before rehearsed I conclude thus 1 Euery Dispensation graunted for the enioying of the Fruites of any parish Church without limitation of a certayne time is a voyd Dispensation 2 But euery Dispensation graunted for the perpetuall receiuing of the fruites of anye Parishe Church is a Dispensation without limitation of a certaine time 3 Therefore euery such perpetuall Dispensation is a voyde Dispensation THe first Proposition of this Syllogisme is the Position of the law it selfe The minor is most plaine For whatsoeuer is perpetuall the same can not be limited and whatsoeuer is limited the same can not be perpetuall And this perpetuitie in this case an I sayde before hath euermore relation to the terme of life because he is sayd to haue a perpetuitie a benefice that hath a benefice for terme of life And to take away all synister and double dealing in this action you shal vnderstande that a dispensation graunted once for seuen yeares at the ende of the sayde seuen yeares maye not be renued and reiterated for so at the ende of euerye seuen yeares a new dispensation beeing had in effect à perpetuall dispensation might be tollerated and so a man by fraude and couen might enioy that from the which by equitie and lawe he is altogeather secluded Which fraudulent and disorderly dealing by certaine generall principles and rules in lawe is absolutely prohibited The maximes are these De diuor c. quanto §. fi de elec commissa l. 5 Extr. de regni iur c. cum quod ff de ver ad ciuili perti l. li. §. 1. No statutum ipsum fiat ludibrio debitoque frustretur effectu non rebus sed verbis cum sit potius contrarium faciendum let imposita videatur nullatenus ea vice poterit iterato conferri Quod direste prohibetur indirectè non conceditur cum quod vna via prohibetur alicui ad id alia via non debet admittiâ—… quid quis in persona sua facere prohibetur id per subiectam personam exercere non debet That the statute it selfe may not be deluded and frustrated of hir due effect and that the lawe may seeme to be made not for thinges but forwords when the contrary is rather to be done it may not by anye meanes be againe the second time conferred And that which is directly prohibited is not by another way indirectly to be suffered Whensoeuer a thing is forbidden any man one way the same man ought not to be admitted to the same thing an other waye And that which a man is forbidden to do in his owne person he ought not to exercise by a substituted person So that once againe I say if it might please God to stirre vp the hearts of hir highnes Commissioners to haue a mature and ideliberate consideratioÌ„ of the statute before mentioned they shall find matter sufficient to pronounce a great number of licenses faculties dispensations by law to be meerly voyde and of none effect And so many benefices to be voyd in the hands of hir highnes vnto whom by lapse right hath accrued to present For by that statute the Archb hath no power or authority to graunt any other licence faculty tolleration or dispensation theÌ„ such as before the making of the statute was vsed and accustomed to be had obtayned at the sea of Rome or by authority therof But no licence faculty tolleration or dispensation before that time was had or obtayned at the sea of Rome or by authoritie thereof for the Frutes of any parrish Church by way of any kinde or manner of any perpetual dispensation or for any longer time then for 7 years only as appeareth by the former Canons and constitutions therfore none other ought heretofore to haue beene graunted neither though they haue been graunted are they effectual or auailable being graunted Anon iudice contra formam iuris scripti by one that is no iudge and againste the forme of law writteÌ„ ff quod vi aut clam l. prohibeti § plane Iudex non potest vltra facere quam ei concessum est a lege vel consuetudine A iudge may not do beyond that that is graunted him by law or custome Extra de reb eccle non alienam c. It is forbidden that church goods should be alienated without a cause or without authority of the superior If therefore any alienation be made of Church goodes without a cause and 〈◊〉 by authority of the superiour the alienation is voyd 〈…〉 infectis haberi Thinges done contrary 〈◊〉 ought to be accounted as thinges vndon And againe Cod. de leg l. non dubium Cod. de precib imper offerend l. 1. Sufficit legislatorem aliquid prohibuisse licet non adâ—…cerit si contra factum fuerit non valere .. It is sâ—…fficient that the lawe maker forbid though he shall not adde that the thing don contrary to his prohibition shall be voyd And againe Imperiali constitutum est sanctione 〈…〉 ea quae contra leges fiunt non solum invtilia sed etiam pro infectis haberdit sint It is plainly decreed by an imperial constitution that the thinges done against
the magistrate therby hath lesse trouble in his office the common weal more florisheth in peace and prosperity Which difference were it well weighed without cauilling thorowly marked would soone decide this controuersy For hereby the former statute touching the exercise of ecclesiastical discipline by Doctors of the ciuile law meere lay men would clearly appeare to haue been made in a time wherein the truth was not so manifested as now it is For if euery man ought to confesse that it is vnlawful by the word of God for a king and Potentate no minister of the Gospell to excommunicate and so consequently vnlawfull to execute the office of a minister euerye man ought much more to confesse that authoritie giuen by man to a kinges vassall no minister of the Gospell to excommunicate and so consequently to execute the ministers office is an authority giuen vnto man againste the lawe of God and therefore both the lawe speedely to be repealed and the abuse in the meane time to be refourmed And therefore I conclude against that statute thus from the greater to the lesse 1 Whatsoeuer is vnlawfull for the king a lay man to exercise in the Church of Christ the same is vnlawfull for euery of his vassals a laye man to exercise 2 But it is vnlawfull for a king a laye man to exercise Ecclesiasticall discipline in the Church of Christ 3 Therefore it is vnlawfull for a Doctor of the ciuile law a kings vassall and a lay man to exercise the same BVT suppose this statute might in some respect be some excuse to Doctors of the Ciuile law ignoraunt of the word of the Lord yet thereby it followeth not that the bishops may in like sort be excused as wel for that they can not pretende any such ignoraunce they knowing the same to be against the word and not therefore to be practized as also for that they bee not precisely commaunded by the sayde statute to constitute and ordaine Doctors of the Ciuile lawe no ministers of the Gospell to be their Commissaries or officials but they may them selues if they will either reserue and keepe vnto them selues exercise iurisdiction and minister iustice by themselues or els depute such men vnto those offices as by law are capable of iurisdiction and may execute ecclesiasticall discipline according to the word of God I meane onely ministers of the Gospell But suppose againe that by force of this statute bishops were absolutely commaunded to ordaine Doctors of the Ciuile law to be their onely Commissaries and officials and that all sentences of excommunication and other ecclesiastical coertions exercised by the sayde Doctours meere laye men were good and duely and rightly ministred by force of this statute and so the Byshops by that meanes exempted from all iust reprehension in this behalfe yet what can be aunswered concerning the proceedings iudgementes executions and censures pronounced by meere laye men no Doctors of the ciuil law Bedell at Liechfield Liche at Chester Chippindale at Leicester Langeford at Bedford Glasier at Oxenford Greene at Glocester before they were Doctours of the ciuill Lawe mere lay men Talentine at Northhampton a meer lay man executed ecclesiasticall coertion discipline a long time Saye at Winchester Babyngton at Lichfield Hudson Dethick in the County of Yorke bishoppricke of Durham meere laye men no Doctors of the ciuile lawe execute and exercise Ecclesiasticall iurisdiction and all censures and coertions belonging to the same at this day And though it may be aunswered that some of these no Doctors were or be Deacons and so Cleargie men and therefore no laie men I reply though they were or be in deed Deacons and so one kinde of Cleargie men that they can not therefore excommunicate c. De regni iuris li. 6. ea Ea quae fiunt a iudice quae ad eius officium non spectant viribus non subsictunt Whatsoeuer things be done of a Iudge belonging not to his office the same thinges are of no force For let vs put the case that some Archdeacon or Chauncelor and yet no bishop had ordayned some man to be a Deacon pronouncing wordes apt to the giuing of such an order whether such a one be a Deacon I answere no because power to make Clearkes doth not belong to the order of priesthood vnlesse the ordayner be a Bishop Or suppose that a Bishop had graunted one an hundred dayes of pardon for some good worke that he had don whether this graunt by law be good Truely no. Because it belongeth to a Bishop onely to giue forty dayes of pardon and not an hundred In like manner I conclude though some in authoritie exercising ecclesiastical censure be Deacons yet notwithstanding that their sayde censure is in lawe no censure as a thing not belonging to the office of a Deacon but onely to the office of a minister There remayneth yet one other obiection namely that excommunication is not vsed as an Ecclesiasticall but rather as a ciuil punishment Whereunto I answere that such mē speak altogeather without book that by law they shal neuer be able to iustify their assertiō And vndoubtedly whosoeuer shal account excōmunication to be a ciuile punishment the same man is shrewdly to be suspected to be a priuie and subtil enemie vnto the Church for therby he excludeth all kind of punishmente from the Church And I include vnder Excommunication Suspension Interdiction and admonition For if Excommunication bee Ciuill then are these also ciuill and if these bee ciuill then what is Ecclesiasticall But such men by vndermining the Churche to mayntayne their owne corrupt abuses require some sharper medicine of pure ecclesiasticall Discipline to heale their vnciuill behauiour and therfore that excommunication cannot be a ciuill punishment I prooue this from the discription thereof ij q. 2. nihil §. euidenter ij q. 3. nemo Excommunicatio est extra cōmunionem ecclesiae separatio vel censura ecclesiastica excludens a communione fidelium vel est aeternae mortis damnatio Excommunication is the seperating a man from the communion of the Church or a censure ecclesiasticall excluding from the fellowship of the faythfull or it is a condemnation of eternall death And this kinde of excommunication is called the greater excommunication There is also another excommunication called the lesse excommunication and the same onelye seperateth a man from the receiuing of the sacramentes Moreouer excommunication is sayde to bee Paena animae mucro spiritualis A punishment of the soule and a Spirituall sworde By which discriptions it is apparaunt that both the greater and the lesser are belonging to the soule and conscience onely and therefore spirituall and therefore no ciuill punishment And therefore I conclude thus 1 No spirituall punishment is a ciuill punishment 2 But excommunication is a spirituall punishment 3 Therefore it is no ciuill punishment For euery ciuill punishment is eyther Poena pecuniaria or corporalis ff de pub iudic l. a punishment by
otherwise then that there hath but little good growen to the Common weale hitherto by the bishops and Cleargie men in the Administration of Ciuill iustice And that therefore such as haue written or spoken or preached againste Ciuill iurisdiction in the Eclesiasticall state haue done it for two vrgent and waightie considerations Friendes of reformation friendes of the queenes maiesties prerogatiue First not to encounter hir maiesties prerogatiue as it is falsely supposed but to teach their Lorde and maisters truth They haue not doone it in disobedience to hir crowne but in obedience to their God They know it is better to obey God then men and therefore they haue laboured faythfully by the worde of God to perswade hir maiestie and the estates of the Realme that these offices ought not by the Lawe of God to be resiaunt in one person and therefore hath exhorted hir maiestie and them in the name and feare of God to vse hir prerogatiue and theire authorities to the seuering of them Secondly they haue preferred the generall welfare and commoditie of the common weale before the vnlawfull honours and promotions of priuate men They know by learning and haue prooued by experience what detriment maye insue to the Common weale when offices are committed to men ignoraunt of such duties as belong vnto their charge A man that hath spent all the dayes of his lyfe in the studie of Grammar or Oratorie and hath alwayes taught the same were a very vnfit man at the age of threeschore yeares to be made a publique Keader in Phisicke or Law and yet notwithstanding to remayne a Schoolemaister still Expedit reipublicae vt quisque officio suo fungatur It is expedient for the Common weale that euery one execute his owne office And I am of opinion that the friendes of reformation are greater friendes and mayntainers to and of hir highnesse prerogatiue then the others be For they ascribe vnto hir maiestie indeede truth and veritie that which the others do but in worde shew and semblaunce onely They earnestly desire and craue that as hir highnesse hath beene annoynted and Crowned by the Lord him selfe Queene and gouernesse ouer them and as she is their naturall and onely lawfull Ladie and Mistresse and as she hath the name title and stile of supreame and chiefe ruler ouer all persons in all causes So likewise the causes now accōpted Ecclesiasticall beeing meere Ciuill shee might in deed truth and veritie haue all and all maner of iurisdiction executed in hir maiesties owne name as well in Courts and iudgements nowe reputed Ecclesiasticall as in other hir maiesties Courtes temporall whereby hir Ciuill gouernement might be more enlarged Which thing the abettours of reformation perceiue now to be otherwyse Forall summons actes proceedinges sentences decrees and iudgementes in all causes and controuersies determinable before Archbishops Bishops and Archdeacons are begunne continued and ended in the Archbishops bishops Archdeacons their Commissaries or Officials names stiles and dignities without any relation or mention of authoritie gyuen unto them as proceeding from hir maiestie then the which there can not seeme anye thing more preiudiciall to hir state Crowne and dignitie For be it that they be created Archbishops and Bishops by hir highnesse and inuested into their seas at hir Graces commaundement yet this argueth no greater prerogatiue belonging vnto hir maiesty ouer them then such as she hath ouer hir other subiectes whom she createth Barons or dubbeth knights But as concerning common and ordinarie iurisdiction in causes reputed Ecclesiasticall they haue no letters patentes from hir maiestie conuaying vnto themas from hir royall person any power ouer hir subiects to heare and determine their causes in hir highnesse name and vnder hir gouernement Onely they execute such iurisdiction as by popishe constitutions or popish customes hath beene heretofore annexed to their Archbishopprickes bishopprickes and Archdeaconries and that by an vtter enemy to hir royall person state and gouernment B. L. to his colleague Comissioners In so much that some of them by Letters hath signified vnto their Colleague Commissioners that common and ordinarie authoritie in causes ecclesiasticall chiefly and almost onely belong to them selues and their officers And that commissions from hir maiestie for reformation in matters ecclesiasticall graunt onely an extraordinarie authoritie And that therefore the sayde Commissioners haue not to heare matters of instance and such as requyre iudgement of lawe for that such causes belong onely to them selues and their officers whereby they haue insinuated hir maiestie to haue no common or ordinarie authoritie in causes ecclesiasticall as they them selues haue Whereas all other courts within hir highnesse Empyre as leetes courtes Baron courtes of regarde courtes of Forrestes I leaue to speake of hir highnesse owne Courtes at Westminster all liberties and franchises all parkes and free warrens belonging to any of the Nobilitie Gentrie or any Citie or borow of this Realme haue euer had their beginninges and establishmentes by the gratious fauour of the Kinges of this Realme as from whose prerogatiue such dignities and immunities ought franckly to proceed and by whom onely they haue beene graunted Onely oure Church gouernours challenge not their authoritie as from hir sacred seate of iustice and princely throone but they challenge their authoritie as a power belonging to their owne seats deriued from an vsurped and forren power 17. pag. ◠28. Henry c. 16. The statute made that euery Archbishop and bishop of this realme and of other the kings dominions may minister vse and exercise all and euery thing and thinges pertayning to the office or order of an Archbishop and bishop with all tokens ensignes and ceremonyes therevnto belonging and that all Archdeacons and Deanes and other hauing offices cures and dignities spiritual may by authoritie of this act and not by vertue of any forren power or authoritie administer vse and exercise all things appertaining to their dignities offices orders cures religions felowships and may lawfully hereafter vse all tokens ensignes and ceremonyes which they haue beene accustomed to vse in times past so it be not expresly against the lawes of God and this Realme This statute I say hauing beene the rule of our Archbishops and bishops consciences for their gracinges there Lordinges there vsheringes their kneelinges there tastinges their cupbearinges and such like improoueth no whit any part of the force of the former assertions but rather confirmeth and fortifieth the same First the statute hauing relation onely to tokens ensignes and ceremonies accustomably administred vsed and exercised before the making of the statute all which beeing Antichristian and therefore expreslye against the lawes of God are plainely by this statute abrogated and therfore ought no more to bee administred vsed or exercised For though the Kinge the peeres and commons at that time not instructed in the vnlawfulnesse of them did not holde and repute them to be againste the lawes of God and therefore did not specially abridge any particuler
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
relieue the sayd Clearke vntill he haue prouided him such a benefice as is not recouerable from him both to the ende no collusion between the bishop and the Clearke shoulde be vsed and also because the bishop should warely and wisely haue fore seene the first title to haue beene sure and good ⧠The manner of Archbishops bishops and Archdeacons visitations and what procurations are due for the same FIrst visitations saith the Canon law Extra de cens c. cum venerabili were instituted Causa correctionis for cause of reformation and therefore it is certaine sayth the Glosse Glos ibid. ver bis in anno in the same chapiter if the visitor be certain that the Church need no visitation he ought not to visite the same because the cause ceasing the effect should cease Secondly because visitations were ordayned to the intent a Church destitute of spirituall things might haue spirituall thinges ministred vnto hir 10. q. 2. precarie and for that by common intent of law Eztr. de prescrip c. cum ex Nemo tenetur beneficium facere de preprio vel propriis stiperdiis militare No man is bound to doe a benefite vpon his owne charge or to goe a warfare vppon his owne costes Therefore in these respectes and vpon these causes procurations were annexed to visitations as certayne proper and peculier stipendes due vnto visitors touching their necessary charges and expenses to be spent in and about the same Glos lib. 6. de censib c. faelicis ver manebit And to the intent no poore Church by ouer great costes to be expended for the procuration of a visitor shoulde be damnified therefore a sober and moderate procuration was at the first generally commaunded and is now speciallye rated to a certayne small value And againe leaste the Bishop might inconsideratelye and for lucre sake visite a whole Citie or Diocesse in one daye and so not onely without reason receiue so many procurations as there were Churches but also inuert the naturall order of the policie of the Church making the accessary namely the procuration greater then the principall namely the visitation a due and equall order was taken that the visitor should satisfie him selfe with one procuration for one day and that the number of procurations should not exceede the number of dayes spent in visitation In which visitation the Ordinarie is precisely willed to goe present in proper person vnto the Church to be visited and may not by common right commit his office vnto any other vnlesse he be diseased or hauing many places about one time to visite coulde not either in time of winter by reason of snowes or inundations of waters or in time of warre by reason of perrill and danger of the enemy commodiously resort vnto euery Church Which naturall intent and true meaning of the law is euidently by these words so often repeated viz. Personally exercise personally visited personally searching by him selfe with effect personall visitation If he can not commodiously or without difficultie come vnto euery one Vppon which worde Accedere sayth the glosse Patet ergo quod ire tenetur nec sufficit ad suam ecclesiam vocare It appeareth therefore that he is bound to goe neither is it sufficient for him to call to his owne church Neither doth the alteration of procurations from mony vnto victuals or from victuals vnto money alter the nature of the first institution of procurations For as at the first it was ordayned that the visitor and his retinue for the day where in he visited should haue a moderate diet in victuals prouided at the charge of the church to be visited So was it neuer intended by any alteration that he should receiue twenty or forty dayes diet in money for visiting twenty or forty churches at one place in one day Lib. 6. de cens c 1 § procurationes lib. 6. cod c. exigit But as a visitor by the first institution of procurations was to haue had his dyet in victuals onely for one day so was he by later decrees to receiue so much monye as was sufficient for one dayes diet onely Lib. 6. de cens c faelicis Which is apparant by the decree of Iohn Stratford Archbysh of Canterbury particularly and of purpose ordeined againste the Byshop and Archdeacon of his prouince For saith he though the Byshop visite many Churches in one day yet he shall haue but one procuration whether the same be in mony or victuall whereunto all the Churches so visited shall proportionally contribute Extrauag commu de censib c. 1. Which procuration for a Byshops substitute is limitted by a decree of Bennet the 12. not to exceede the value of fourescore Turons of siluer euery 12. Turons making one floren of pure Golde of an acune florentine according to our english estimate not amounting in coin aboue the summe of fiue shillings at the vtmost So that the whole procuration for one day to bee receiued by a Byshops substitute of all Churches called together ought to be at the vtmoste but thirty fiue shillings the whole procuration of an Archdeacons substitute for one dayes diet ought not to exceede the some of 12. Shillings 6. pence though eyther of them should call 50. or an 100 Churches together into one place in one day In like manner if the Byshoppe personally visite by himselfe then is he to haue for his owne and his retinues diet about fiue marks onely and in case the Archdeacon visite personnally then is he to receiue about twenty shillings onely Which procuration limitted vnto the Archdeacon by the decree of Bennet seemeth to be mitigated by a prouincial constitution in Lindewood whereby an Archdeacon is allowed towards one dayes diet for himselfe and his seruitors but 40. pence Which summe saith the glosse Sufficere videtur pro quatuor personis totidem equis cum vno summario seemeth to suffice for foure persons and so many horses with one sumner Which diet is to be vnderstood for one day naturall contayning 24. houres Wherefore I conclude that neither a Bysh nor a Byshops Commissary that neyther an Archdeacon nor Archdeacons officiall may at any time visite for lucre or gaine that hee may onely visite then and there when and where he knoweth iust cause of reformation that he may not take an excessiue but a moderate procuration that neyther he nor any of his retinue may take a reward that he may not reap earthly things vnlesse he sow spiritual things that he may not except vpō vrgent necessity visit more churches then one in one day that he may take but one prouisiō for one day that he may not take any procuration at al vnlesse he diligently performe the office of a visitor And lastly that Archb. B. Archd ought personally to visit vnlesse by Priuiledge they be specially exempted By which exemption they haue onelye this libertye that the Archb. By Archd. substitute may take so much allowances of
by office may visite is bound personally to visit And we also ordain saith Otho Otho de procu visit Archid. c. vnic concerning Archd. that they profitably personally and faithfully visite there churches and let them not charge the churches with superfluous expenses but only receiue moderate expenses whilste they visite Octobone de procu quae rati c. vnit The very orderly disposition of nature giueth seede vnto the sower and multiplieth vnto the labourer the fruite of his labour And again no man doubteth but that it is both absurd ad vnlawfull for any man to reap where hee soweth not or to gather where he straweth not From out of the equity of these principles holy Canons haue prouided that that Church that admitteth a visitation concerning the wholesome disposition of the temporall and spirituall goods thereof ought also to exhibite a procuration ordayned for the visitor But whereas by meanes of a visitation any procuration is due if the same meanes ceasing any thing be exacted or receiued the same vndergoeth the name of a thing euilly receaued and not due Since therefore we vnderstood that many Prelates do exact procurations of their subiectes though they do not visite we more aduisedly prouiding as well for the in demnity of Churches as the welfare of Prelates streightly prohibite that none among them receiue any procuration due by meanes of visitation from any Church vnlesse they personally visite the same Church And if any shall receiue any thing otherwise let him know that he is suspended from comming vnto the Church vntill he haue restored the same least in their visitations they should seeme rather to gape after gaine then either to preserue the state of the Churches or to seeke the saluation of the soules of the people Moreouer we decree sentences of excommunication suspencion interdiction pronounced by occasion hereof by meere law it selfe to be no sentences at all Lind. de censib c. quamuis Lastly Iohn Stratford Archbishop of Caunterbury by authoritie of this present counsell inhihited that no man presume to receiue of any Church any procuration to be payd by meanes of visitation vnlesse he diligently perfourme the office of visiting with effect searching and trying personally by him selfe those thinges that are to be found out and tryed And if any would visite many Churches in one day let him be contente with one dayes procuration in victuals or money vnto which procuration let him cause all and singular Churches so visited in one day proportionably contribute as the Canons ordayne ⧠FEES FOR Letters of orders vnlavvfull Extra de simo c. in tantum CVM VERO EXPRESIVS c. But sithence he doth most euidently expresse a kinde of sale who firste receaueth a price and then bestoweth a precious thing And sithēce also grace ought freelie to be graunted we commaunde that you correct such excesses restrayning your suffraganes and their Officials from so vnlawfull an exaction that the fault of others proceeding from your negligence be not imputed vnto you for a punishment Moreouer studie and take heede thou abolishe out of thy prouince that euill custome whereby Archdeacons require a marke of siluer and other inferiour officers either a white Cow or some certaine peece of money to be payde vnto them Extra de simo c. cum in ecclesiae HORRIBILE NIMIS c. It is too too horrible that venality is said to haue place in certain churches so that for placing of Byshoppes or Abbots or any other Ecclesiasticall persons in their seates or for inducting ministers into the church and also for burialls and funeralles of the deade c. somewhat bee required But many suppose this to bee lawfull because they thinke custome to haue a long time preuailed not considering that by so much more heinous are the offences by how much longer they haue their vnhappye soules infected Therefore wee straightlye forbid that these thinges bee not doone hereafter or that any thing be exacted for placing men in their seates or instituting priestes c. And if any man shall presume to doe contrary hereunto let him know him selfe to haue a portion with Gehesi Extra de simo c. j. Sicut non debet Episcopus c. As the Byshop in the ordination of a Clearke oughe not to sell his hand which he imposeth so ought not the notary or other Minister sell his voyce or quill in the same Wee forbid therefore him that is ordeined to giue anye thing at all either for his ordination or for the vse of his pall or for paper and pastell 1. q. 3. si quis prebendas And neyther for past neyther vnder pretence of any custom either before or after let there be any thing exacted or let him presume to giue because it is Simoniacall But let him freely without any diminishing enioy the dignity and benefice conferred vpon him Prouinc wil. lind de institu c. 1. We ordaine that no Prelate when he shall conferre any church or prebend presume or dare any maner of wayes either to vsurpe vnto him selfe the fruites of the same Church or Prebend not yet gathered or to exact or to suffer to bee exacted by his officialls or Archdeacons any thing for the institution or possession giuing or for any writing to be made touching the same Prouinc lin de instit c. fi By the approbation of the holy Counsell we ordaine that they which are bound at the commandement of their superiours to iuduct those that are admitted vnto ecclesiasticall benefices be contented with moderate chardges for such induction to bee made Namely if the Archdeacon him selfe or his officiall doe induct let the Archdeccon bee thoroughly contented with three shillinges foure pence and his Officiall with two shillinges for all charges both of him selfe and his retinue concerning their diet And let him that is inducted as afore sayde chuse whether he wil prouide for the retinue of him and his that giueth the possession in such quantitie of money or in other necessaries And if any thing ouer and aboue this by occasion of the premises be receaued by such as induct or if they receaue any more for the induction to be made by them or if it shal happen that they make not letters certificatorie of their induction and deliuer them vnto the inducted or with fayned pretence vnlawfully differ them we will such as are culpaple herein so long to incurre suspencion from their office and enteraunce from the Church vntill the thinges contrarily receaued be restored and and that they satisfie in the premises him who by their default is hindered But what if he be inducted sayth the Glosse Glos ibidem verb. facil ad hoc c. statutum § insuper Extra de rescript by an other then by the Archdeacon him selfe or his Officiall and yet at the commaundement of the sayde Archdeacon Whether may the Archdeacon receiue any thing for such an induction Aunswere no. But