AN ASSERTION FOR True and Christian CHURCH-POLICIE Wherein Certain Politike Objections made against the planting of PASTOURS and Elders in every Congregation are sufficiently ANSWERED And Wherein also sundry projects are set downe how the Discipline by Pastors and Elders may be planted without any derogation to the Kings Royall Prerogative any indignity to the three Estates in Parliament or any greater alteration of the laudable Lawes Statutes or Customes of the Realme than may well bee made without damage to the people IN DOMINO CONFIDO London Printed 1642. To the Right Honourable the LORDS and COMMONS Assembled in High COURT of Parliament Right HONOURABLE c. THe Ensuing Treatise which I am bold to present to Your wisedomes view containes principall politicall reasons grounded upon the Lawes of this Kingdom for the removing of the present Hierarchie and planting of a Governement by Pastors and Elders The appellation of Lay Elders hath beene very displeasing to many whereas the Elder intended to be planted is not lay but in regard of the service wherein hee is to bee imployed Ecclesiasticall The Author was an elaborate Student in the civill Law and a professor of it He was esteemed learned by the best of that profession as also by Divines and common Lawyers learned Sir Edward Cook late Chiefe Justice of the Kings Bench Sir Christopher Yelverton late Judge of the Common Pleas Sir Henry Finch late the Kings Serjeant at Law and others have given testimony of him The Treatise is an answer to diverse passages in a Book written by D. Whitgift late Archb. of Canterbury intituled An admonition to the Parliament The Author as I doubt not but will appeare to your Wisedomes hath written with the spirit of meekenesse and humility submitting all to the judgement of an High Court of Parliament hee disputes with the Great Bishop in a Scholasticall way without one syllable of reviling or bitter language which he ever detested Hee discovers the foundation of the Hierarchie to be totally illegall and to bee abolished by the abolition of the Papall Canon Law which appeares to be abolished by the statute of 25. of Henry 8. cap. 9. The truth whereof being discovered by the Authors means to the said learned Judge Sir Edward Cooke hee did most ingenuously acknowledge and did avow he never understood the statute so well before yet affirmed he thought he had read the said statute an hundred times May it please you in your wisedomes to commend the Treatise to bee viewed by the learned Gent. of the long Robe whose awfull judgments I shall ever honour Most true it is I dare averre there is little written in this Kingdome tending to the removall of the Episcopacie from Legall and Politicall arguments but the Author hath the arrowes in his quiver I say not that others have borrowed light from his Candle Right Honourable and Right worthy I shall humbly take further boldnes humbly presuming upon your Honourable favours if this poore model find acceptance in your sight to present you with a new impression of an abstract written in time of famous Queene Elizabeth a Book well knowne to learned King Iames by the same Author whose memory I am bound by nature to Honour Give mee leave onely now to make knowne unto you the Title and severall Treatises contained in it It is intituled An abstract of certaine Laws Canons and Constitutions Synodall and Provinciall in force within the Queenes dominions and for the most part unknowne to the subject It containeth these principall Treatises 1. That a learned Ministery is commanded by Law 2. That Pluralities are forbidden by Law 3. That it is unlawfull to make a Minister without a title 4. That it is unlawfull for a Clerk to have civill authority This abstract was seemingly answered by the rayling stile of a then Doctor Cozens but by a further incounter and the counterpoyson yet extant written by the same Author he departed the Field with Honour such was the opinion of many learned among others of the foresaid Reverend Judge Sir Henry Yelverton This treatise was never questioned nor quarreld for ought I ever heard Yet was the Author well knowne to many of the Bishops You may happily in your Wisdomes conceive some things might have beene omitted as not wholly incident to the time and some abbreviated in regard of the shortnesse of your time and of the high affaires now in hand But may it please you being about so to doe I found the light must have bin much Eclipsed and the truth obscured I am over bold most humbly to commend the defence of what he writes grounded upon the laws of the Kingdome to your most Honourable protection It shall be enough for me to attend among the meanest of your servants having heretofore had the happinesse to have bin a member though unworthy of the Honourable House of Commons Presenting your honours and your grave wisdomes with my heartiest prayers and humblest service In most humble manner I intreate your pardon of and for The Contents THe defenders of the Hierarchy confesse their government is not apostolicall pag. 2. The bringing in of the discipline desired causeth no alteration of temporall laws nor the officers of a kingdom 3 4 5 6 7 8 9 No feare that prophane men will overthrow the Gospell if the forme of Church government be altered 10. The description of lukewarme professors that will be of that religion the King will be of 11. The Puritan protestants can never overthrow the Gospell 13. Neither can the Papist because he is overthrown by the Gospel 13 The planting of an Apostolicall government will draw no alteration of the Lawes of the Realme 14. The whole Papal Law is totally abolished by the statute of the 25 of Henry 8. c. 19. of the submission of the Clergie as appeares by the body of the statute and the proviso from the 15. to the 20. Canon and civill Lawes no part of the Lawes of the Realme but by sufferance 15 An imbasement for Civillians to have preferment by the offices of the Canon Law that ought not to be used 17 18 19. Whence it followeth that the papall Canon Law being abolished the papall offices and functions of Archbishops and Bishops are also abolished being grounded upon the same Law 20 Power properly and improperly called spirituall 20 21 Bishops remaine ordinary by custome provinciall Canons and statute Law though papall lawes be abolished 21 The King though Supreame governour of the Church cannot give Archbishops and Bishops spirituall power properly called spirituall that power must be derived from the Scripture 20. The Bishops did use a plenary power devised and promulged new Canons without the Queenes assent 23 All the Bishops together can make no new Law and yet every Bishop doth make many lawes 24 All temporall officers do draw their power from the King one way or other 25 The Charter of England confirmeth not the power of Archbishops or Bishops because their power appeares not by the
law that all and every impropried Church and Churches with their glebes tythes and other fruits after the determination of the leases now in being should bee demised and set to farme onely to the incumbent Ministers of the same Churches for terme of their naturall lives if so long they did continue resiant and faithfully preach in the same Churches the doctrine of the Gospell according to the articles of Religion concerning Faith and Sacraments by publike authoritie now established in the Church of England And because by likelihood the Vicars will not be able to pay fynes or incomes unto the Colledges Hospitals and other places and because also it seemeth reasonable that the Colledges Hospitalls and other places by some other meanes should be recompenced wee leave it againe to be considered whether it were not convenient that the Vicars in consideration of non payment of fynes should yeeld in money corn or other provision to the double or treble value of the ancient and unimproved rents For men experienced in these affaires of this life know that the profits arising out of Churches appropried unto the farmours thereof are commonly six eight or ten times more worth by just estimation than are the old rents payable unto Colledges Hospitalls and other like places And thus wee see how together with the bringing in of these things which are required to bee planted in the Church impropriations may stand as mens lawfull possessions and heritages or otherwise how without damage or hurt to the King or Realme they may be converted to the use and provision of the Ministers whatsoever hath beene insinuated by the Admonitor to the contrary And yet doe I not in any of these things or of any other thing first or last spoken or to be spoken desire mine owne advice and judgement so to be respected as though I should arrogate unto my selfe more knowledge than all others which labour in the cause of reformation but onely I submit these my private meditations with their reasons to the censures of all wise godly and learned men Humbly praying them so to bestirre their owne wits and so to bestow their owne cunning and learning that a better and more easier way by their ingenuousnesse may be found out and procured to take place And in the meane season that these motions tendered to their views may not altogether be neglected but duely weyed and considered Especially for that I have not tendered any other thing to be performed by any of these meanes unto any other than such as whereunto I my selfe to my power yea and beyond my power as far as in me lyeth shall be ready to yeeld And howsoever the Bishops and other great Clergie Masters with their stately favourites may pretend some part of this device to bee an hinderance of learning and other some part not to be for the Kings profit yet to the first we answer briefly that learning is not so much furthered by a few great rewards provided for a few great learned men as it is by many good rewards appointed for many good learned men as hereafter more at large in a more convenient place is declared Touching the Kings profit we affirme that it is not only most profitable but also most honourable for the King to have a multitude of loyall vertuous and godly subjects And that such manner of subjects can by no meanes better bee procured than by a continuall preaching Ministerie of the Word to be planted in every parish of the Kings Realmes And because no man better knoweth the recyprocall duties betweene a Christian King and Christian Councellers we leave the discerning of the spirits of these profit preachers to the tryall and judgement of the most Christian King whom if hee shall finde either by flatterie to fawne upon the Kings profit or by labouring to keepe the King in a good opinion of things amisse wee most humbly beseech the King to accept them and reward them for such as could wish in their hearts the king should rather bee impoverished by having many bad and unprofitable subjects than that themselves would not be inriched by enjoying many good and profitable impropriations As for the Lawes whereby patronages do stand as mens lawfull possessions and inheritances which as the Admonitor saith must also be taken away how the same lawes may still endure or by consent of patrons bee altered without their dammage if God permit when we come to speak of the clections of Ministers wherein the reformers are charged with the burling and thrusting out of Patrons shall be declared ADMONITION The Lawes of England to this day have stood by the authoritie of the three estates which to alter now by leaving out the one may happily seeme a matter of more weight than all men doe judge it ASSERTION Not to stand upon termes with the Admonitor that the lawes usually called the common lawes of the land being meere customarie lawes did never yet stand by the authoritie of the three estates I will The bringing in of the discipline by pastours and elders is not the leaving out of parliament any one of the three estates take his meaning to bee that the statute lawes of England to this day have stood by authoritie of the three estates which to alter now by leaving out the one c. and then hereunto I answer that not any one of the three estates should be left out or barred from having authoritie in making and promulging statute lawes though the government of the Church by Pastors and Elders were brought in For we which so much cry as he saith for this manner of government to be planted are so farre from exempting or excluding any one of the three estates from their ancient power priviledge and preeminence in the making of statute lawes as that wee pronounce him to be guilty of high treason to the King and to the Realme that avoweth the contrary And we affirme directly and confesse plainly that it belongeth only wholly and altogether to the three estates as well to roote out and to pull up whatsoever government is not justifiable by the holy law of God as also to plant and to settle whatsoever discipline is warrantable by the same law And to speak as the thing is how were it possible to have the discipline by Pastors and Elders planted by authoritie of the three estates if one of the three estates should be left out or can it be imagined that any one of the three estates would ever consent to the bringing in of such a government of the Church as whereby the same governement being once brought in the same estate should ever after wards cease to be any more an estate Besides we acknowledge that all powers are of God and therefore every one of the three estetes being a power we grant that the same hath his stateship by the authoritie of God And if all the three estates be lawfull by the holy law of God how can it bee verified
lawes doe uphold the state and authoritie of the Convocation house for the examination of all causes Matters of religion not concluded in parliament before the same bee consulted of in convocation of Religion surely it cannot be truly averred that it is necessarie for Evangelicall Bishops to be members of the Parliamenthouse lest controversie of Religion should bee handled and discussed without them For how should any matter of religion bee concluded without them in Parliament when first of all the same is to be argued among themselves in convocation Or let them hardly if they can shew any one instance of any change or alteration either from religion to superstition or from superstition to religion to have beene made in Parliament unlesse the same freely and at large have beene first agreed upon in their Synodes and Convocations And what booteth it then to have a double or treble consultation and consent of Archbishops and Bishops in parliament Is the holy cause of God any whit bettered by their Bishops riding from Pauls to Westminster Or can it receive any more strength by their walking from Westminster Church to Westminster palace Nay it hath beene often times so farre from being promoted by their bishops as not only in their convocations but also in the Queenes parliaments the same thing hath beene shamefully intreated and taken the foyle as may witnesle the bill for the better observation of the Sabboth 27. Eliz. which being passed by both houses of parliament was notwithstanding gainesaid and withstood by none so much as by certaine Evangelicall bishops and which as there all men generally conceived was only stayed from being made a law by the Queene upon their counsell and perswasion ADMONITION Pag. â—8 It hath beene alwayes daugerous to picke quarrels against lawes setled ASSERTION And is it not morbus haereditarius in Prelates to pick quarrels against reformation of errours For even this did Stephen Gardener Stephen Gardeners argument and the adâ—onitors argument in effect one reason against the Lord Protector That in no case saith Stephen Gardener is to be attempted of the Lord Protector which may bring both danger to him and trouble to the whole Realme But innovation of Religion from that state wherein K. Henry left it may be and is like to be dangerous to the Lord Protector and to baeed troubles to the whole Realme Therefore innovation of Religion from the state that K. Henry left it is in no wise to be attempted And even of this stamp and of this streyne is the argument of pickking quarrels against laws setled for thus in effect he argueth That Discipline in no case is to bee brought into the Church by the King and Parliament which may be dangerous to lawes setled But to bring into the Church the Apostolicall discipline may be dangerous to lawes setled Therefore the Apostolicall Discipline in no case is to be brought into the Church by the King and Parliament But forasmuch as that noble and religious Lord Protector notwithstanding Stephen Gardeners sophistry continued constant and couragious in the abolishment of popery and superstition which king Henry left and did without dangerous alteration of laws then setled innovate religion How much more now may the Kings Majestie the Lords and Commons in Parliament attempt with effect an innovation of that state of Ecclesiasticall government wherein the Queene left the Church And if it cannot be denyed but it had beene far more dangerous for the Realm and for the Lord Protector not to have setled the holy doctrine of the everlasting Gospell by Lesse danger to reforme the Church â—y nâ—w lawes than to câ—ntinue corruption by old laws new lawes than to have maintained and continued antichristianitie by old lawes how should it be lesse danger for the king in these dayes to continue corruptions in the Church by toleration of old lawes than to have the same corruptions reformed by establishment of new lawes But unto whom or unto what hath it beene dangerous to pick quarrells against lawes setled Wha hath it beene dangerous to lawes setled No. For how should lawes setled be indangered by quarrelers sithence quarrellers are evermore in danger of lawes setled Or hath it beene alwayes dangerous for a king for a State for a people or for a Countrey to pick quarrels against lawes setled No. For what man is he or what face carrieth he that dare upbraid a countrey a people a State or a King minding to unsettle evill lawes and evill customes to be quarrellers against lawes setled Let it then only be dangerous for private persons upon private male-contentment to pick quarrels against good lawes well and rightly setled and let it not be hurtfull or dangerous for supreme Kings powers and principalities by publike edicts to alter evill lawes evilly setled For to what other end should evill lawes evilly setled be continued but to continue evill And what a thing were that This argument then for lawes setled being the sophisme of that Fox Stephen Gardener is but a quarrelsome and wrangling argument ADMONITION If this government whereof they speake be as they say necessary Pag. 78. in all places then must they have of necessitie in every particular parish one Pastor a company of Seniors and a Deacon or two at the least and all those to be found of the parish because they must leave their occupations to attend upon the matters of the Church But there are a number of Parishes in England not able to finde one tolerable Minister much lesse to finde such a company ASSERTION This argument seemeth to be drawne from kitchin profit and is but a bugbegger to scarre covetous men from submitting their necks unto the yoke of that holy discipline which our Saviour Christ hath prescribed and which the Admonitor himselfe confesseth to have beene practised by the Apostles and primitive Church And yet because this argument seemeth to lay a very heavie burden on mens shoulders such as is impossible to be borne it is an argument worthy That seniours and Deacons should bee found at the charge of the Parish is absurd to be examined though in it self the same be very untrue and absurd For who did ever fancy that a Pastor a company of Seniours and a Deacon or two at the least should be men of occupations or that they should be all found of the parish because they must leave their occupations to attend upon the matters of the Church Why there be many hundreds of parishes in England wherein there dwelleth not one man of an occupation And what reason then or what likelyhood of reason was there to father such an absurd necessitie upon the Church As for the necessitie of having one Pastour in every partilar parish and of his finding by the parish because it is his duety to attend upon reading exhortation and doctrine although he bee no man of occupation this I say is agreeable and consonant to the government of the Church practised by