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A19392 An ansvver to the two fyrst and principall treatises of a certaine factious libell, put foorth latelie, without name of author or printer, and without approbation by authoritie, vnder the title of An abstract of certeine acts of Parlement: of certaine hir Maiesties iniuctions: of certaine canons, &c. Published by authoritie. Cosin, Richard, 1549?-1597.; Stoughton, William, fl. 1584. Abstract, of certain acts of parliament. 1584 (1584) STC 5819.7; ESTC S121272 391,855 496

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themselues are plaine and sufficient inough to impugne and ouerthrowe all opinions whatsoeuer vainely conceiued against the prouision and validity of Law authorizing or ratifying as it is vntruely surmized either anie vnpreaching and vnlearned ministerie or anie vndiscreet vnhonest or vngodlie persons to execute anie offices in the Church For by these decrees established first by the enimie of true religion for the planting of his superstition but now turned by our pollicie from that vse and made a law for the gouernement of the Church are so many speciall proprieties of a true pastour so substantially pointed out that none without too too great immodestie may in anie wise affirme the law to be defectiue heerein Wherevnto our English constitutions and synodals prouincial may be annexed as directly and euidently proouing with what manner of competent and conuenient knowledge euerie Minister ought to be adorned PRAECIPIMVS saith the prouinciall constitution VT QVILIBET Sacerdos plebi praesidens quater in anno hoc est semel in qualibet quarta anni die vna solemni vel pluribus per se vel per alium exponat Prou●gu lind de osti Archi. pres ignorantia saccrdotum populo vulgariter absque cuiussque subtilitatis textura fantastica 14. fidei articulos decem mandata Decalogi duo praecepta Euangely c. Wee commaund that euerie Priest president ouer anie people foure times euerie yeare that is to saie euerie quarter of the yeare in one or more solemne daies by himself or some others expound vnto the people in their vulgare tongue without anie subtiltie the 14. Articles of the faith the tenne Commaundements the twoo precepts of the Gospell c. Heere are you to see the particularities laid foorth wherein euerie Minister ought to be exercised how often how plainely and sincerely he ought to teach Wherein our fathers in time of ignorance and superstition were more zealous than we in these daies of the true light and knowledge of the Gospell For from hence quarter Sermons now amongst vs haue crept in and had their Quarter sermons frō vvhence they came beginning though now fostered with greater corruption than in those former daies they were For proofe whereof the Reader shall vnderstand that these wordes Semel in qualibet quarta anni die vna solemni vel pluribus per se vel per alium In euerie quarter of the yeare in one or moe solemne daies by him selfe or some other haue not this meaning that it was sufficient for the president of the people absolutely by an other foure times in the yeare onelie to preach and to instruct the people as it is nowadaies amongest vs Pag. 2● practised but the meaning is that the Articles of the faith the tenne Commaundementes the twoo precepts of the Gospell c. should indeede of them be expounded and made knowen vnto the people foure times in the yeare and that in foure seueral solemne daies if it were so possible But because the law-maker did foresee that it was impossible that with anie fruite this so great a worke could be finished therefore both to take awaie all cauisting from the people who might thinke it sufficient to haue quarterly Sermons and also to the end the Pastour might be kept in a continual exercise of his dutie this Pluribus was added to the intent that the whole dotrines might once euery quarter be wholie expounded So that semel is not heere taken for simul that these doctrines should once Glossa ibid. euery quarter all togither and at one time alone be taught but that they should be once euerie quarter at particular and seuerall times particularly and seuerally be taught for so though they be at many times particularly taught yet in the whole they may be said to be but once in a quarter whollie taught And these wordes per se vel per alium by himselfe or by an other haue an other manner of exposition than a great manie vnderstand or think them to haue For it is commonly thought sufficient that these words per alium by another be vnderstoode in case the Pastour himselfe be altogither ignorant But the meaning thereof onelie is thus CVM CONTINGAT quod Episcopi propter su as corruptiones multiplices vel inualitudines corporales aut hostiles incursus seu occasiones alias ne dicam us defectum scientiae quod in eis reprobandum est Ex. de offi iud ordin c. inter caetera omninò nec de caetero tollerandum per se ipsos non sufficium ministrare verbum Dei populo c. If the Bishops for some necessarie businesse or bodilie infirmitie or hostile inuasion or other occasions wee wil not saie for want of learning which is to be reprooued in them and heereafter not to be tollerated can not by them selues minister the worde of God vnto the people that then it shall be lawful for him to choose some other fitte person to supplie his roome Pag. 24 A Bishop ought personally to visite his Diocesse and an Archdeacon his Archdeaconrie and yet neither of them both ought to visite by an other vnlesse he be Infirmus vel aliter legitimè impeditus Glos linw. cle cens ca. verb. rationabili quò minus possit personaliter visitare Diseased or haue some other lawfull impediment so that he can not visite in his owne person And it is concluded in the case of residence that one bound to keepe residence must keepe it by himselfe Et quis debet residentiam facere Ex. de cler non residen c. conquerenti per se non per alium nisi fecerit potest priuari Moreouer it is directly forbidden that the office of preaching should be deputed to anie other C AETERVM SALVO c. But sauing the Legate of the The office of preaching may not be deputed to others Apostolike sea let it be lawfull to no man to whome it shall be commaunded to preach the crosse to excommunicate or absolue anie heereafter to committe the same things to others because not anie iurisdiction but rather a certaine ministerie is committed vnto him in this behalfe All which things are more at large manifested by the last chapter of the former title in Lindwood where the Priests are commaunded to be diligent teachers of Gods word that they be not accounted dumb dogges The words of the Chapiter are these PRAESENTIS CONSILII c. By the finall determination of this present counsel we haue straightly inioyned that Parsons and Vicars labour to informe the people committed vnto them with the foode of Gods word according to the measure that shall be inspired vnto them that they be not worthily adiudged dumb dogges seeing that with holesome barking they chace not awaie the biting of spirituall VVolues from the Lords sheepefold And the reason of this prouincial is deriued frō another decree INTER CAETERA c. Amongest other things belonging to the saluation of Christian people the foode of the word
of the Church and honour of God which by good Ministers ought to be furthered A shippe maister or an Inne-keeper vsing the seruice of an euill mate or shippe boy or ff de exercit l. 1. § magistrū of an vnthriftie 〈◊〉 or Ostler is to make restitution if any thing be imbezled from his passengers or guests for the negligence of either of these in this case is punishable Quia oper a malorum seruorum vtitur Because he vseth the seruice of euill seruaunts By which Lawes the glose prooueth that though an Archdeacon haue authoritie by his office to examine and do present vnfitte men to the Bishoppe that yet the Bishoppe notwithstanding ought to be punished because the Bishoppe is answerable for the fact of the examinour sithence the examination is made by his commaundement and also for that Pag. 65 Reseruatum est episcopo ius examinandi illum Right is reserued vnto the Bishop to examine him examinatus enim examinatur in hijs praecipuè in quibus vertitur periculum animae A man once examined Glos c ad haec ver examinentur Extrauag de offi Archid. Glos 1. l. nō est ff de transact is to be reexamined especially touching those things wherein peril of soule consisteth Et factum quod est mutatur ex superuenienti causa And a deede once done is altered vpon a new cause An Archdeacon hauing by law the custodie of candlestikes copes and vestments and other idolatrous garments was remisse in safe keeping these things wherevpon the Pope wrote to the Archbishop and willed him straightly to require the said ornaments at his handes and Extrauag de statut regul c. cum ad Monasterium § penu further commaunded him to be punished and to make restitution if through his negligence or default any thing were perished in so much as by his office he was bound to the safe custodie of them Neither did he behaue himselfe Vt bonus pater familias in re sua gessisset As a good father of an housholde woulde haue done his owne houhoushold affaires And thus farre touching the Bishops vnworthily promoting vnworthie men vnto the ministerie touching vnworthie persons vnworthily promoted the decrees following tell vs what in like case should be done with them Pag. 66 QVAMVIS MVLTA FVERVNT c. Although many things were proposed against the Bishoppe of Calinea yet because Extrauag de ●tat qua ●ap vlt. he him selfe had confessed before vs that hee neuer learned Grammar neither euer hath read Donate and by euidence of the fact his ignorance of learning and insufficiencie is so apparant vnto vs that it were against God and Canonicall Constitutions to tollerate so great a defect in a Bishoppe wee haue thought good vtterly to remooue him from the execution of the office of a Bishoppe and also from the administration of the Church of Calinea If it might stand with the good pleasure of the Lord to moue once Iehosophat first with the Booke of God secondly with the Lawes of the Realme to make a generall visitation by men of sound and sincere religion and by men of valiaunt and stont courages I dare boldly auouch that the valew of the first fruites of benefices that might be made void by the iust depriuation of vniust possessours euen by the euidence of the fact it selfe would amount to a greater encrease of her Highnesse treasure than the best Subsidie that she hath leuied of them since the time of her gratious gouernement Neither is this Chapiter impertinent to this purpose though herein expresse mention be made onely of a Bishoppe For if you weigh and consider why the Bishoppe was deposed the same reason is sufficient likewise to depriue any inferiour person offending in the like case The cause of the Bishoppes depriuation was his insufficiencie and defect of learning and why then should not insufficiencie and defect of learning be as iust a cause to depriue a Minister of an inferiour calling being infected with the same disease The charge and function of the Bishop was to teach and gouerne others The same end is allotted to euerie one that taketh vppon him the cure of soules The Bishoppe wanting skill and abilitie to perfourme an office taken vppon hym is degraded and cast out and an inferiour Minister destitute of the same furniture is maintained and kept in Againe Pag. 67 ABBAS VERO c. But the Abbot whome all men Epis de statu Monacho cum ad Monast § Abbas ought reuerently to obey in all things howe much more should he be frequent with his brethren in all things hauing vigilant care and diligent circumspection that he may be able to giue an acceptable account vnto God of his office committed vnto him But if the said Abbot be a preuaricator or despiser of his order or negligent or remisse let him knowe for a suretie that hee is not onelie to be deposed from his office but also some other waie to be chastised considering not onelie his owne fault but the fault of others is to be required at his hand And againe Si quis Abbas cautus 18. q. 2. Si qui● Abbas in regimine humilis castus misericors discretus sobri●sque non fuerit ac diuina praecepta verbis exempln on ostenderit ab episcopo i●n cuius territorio consistit à vicinis c. If any Abbot shall not be circumspect in gouernment humble chaste mercifull discreete and sober and shall not shew foorth godlie precepts both in word and example of life let him be remooued from his honour by the Bishop in whose territorie he dwelleth and by the next Abbots others fearing God notwithstanding al the congregation consenting vnto his sin would haue him to be Abbot And therefore both these constitutions may serue to depriue all such Ministers as in life learning manners and conuersation are like vnto such Abbots Yea and touching inferiour Ministers the lawe hath likewise specially prouided as followeth Quod si fortè necessitas postulauerit vt sacerdos Extrauag de hereti cap. cum ex tanquam inutilis indignus à cura gregis debeat remoueri agendum est ordinatè apud episcopum c. But if happely necessitie require that a Priest as vnprofitable and vnworthie ought to be remoued from the charge of his flocke you must ordinarily repaire vnto the Bishoppe Againe Dictum est nobis presbyteros propter suam negligentiam canonicè degradatos It is tolde vs that certaine Elders were canonically degraded for their negligence And here it appeareth saith the glose Quod quis aequè deponitur propter negligen●iam sicut propter dolum That one is as iustly deposed for negligence as for collusion according to the Tenor of the Canon following Non 1. q. 1● Si qui episc modo pro heresi vel pro qualibet maiori culpa sed etiam pro negligentia remou ebitur He shall not onelie be remooued for heresie or other greater
Gospell For what though an Heretike by the iudgement of an hereticall Synagogue obtaine the roome of a sacrificer in the same Synagogue and hauing once obtained it may not be remoued from the same roome by the former rule of lawe Though this be true I say what auaileth it to confirme that a sacrificing Priest by vertue of his admission vnto the Synagogue ought to haue a place of ministration in the Church of Christ For though he were admitted in the one yet was he neuer admitted in the other And therefore it resteth firme that they ought not to haue bene admitted then when as the whole manner of the gouernment of the Synagogue should haue bene altered For as at that time their lawes were vnaduisedly translated from them vnto vs So by their lawes we might aduisedly haue transformed them from amongst vs. They were Schismatikes and Heretikes by the lawes of our religion and therefore not to haue bene admitted by the lawes of their owne profession Yea if they remaine Idolaters still or keepe backe from the people of God the word of God they are to be remoued still their ietting vp and downe in their square ruffling and white philacteries or mumbling their mattens and euensong are not so forcible to keepe them in as their insufficiencie negligence contempt and idolatrous hearts are to thrust them out And yet no part of good holesome and christian gouernment and pollicie chaunged For though Iosiah moued by compassion benignly suffered the Priests of Baal repenting of their idolatry to receiue tithes and offerings with their brethren the Leuites Yet he straightly charged them not to enter into the Lords Sanctuary to do any manner of seruice there Neither did this his religious fact any whit hinder the outward peace of his kingdome Wherefore if a Bishop an Abbot an Archdeacon an Elder a Physition a Iudge an Aduocate a Iaylor a Tutor a Schoolemaister an ●rator and a Philosopher by iustice and equitie of lawe for vnabilitie insufficiencie negligence or other defects ought to be deposed and remoued off and from their roomes places offices and honors how should a pretensed Minister onely intruding himselfe to an office of most high calling and excellencie and vtterly destitute of all gifts and graces sit for the same be suffered to keepe and retaine the proper right and title of an other as his owne lawfull possession and inheritance Had the worshippers of the false gods care that their idolatrous Priests should haue knowledge of their idoll seruice and shall we the worshippers of the true God be blameles before his iudgement seate in case we maintaine such to serue him in the ministerie of his holye Gospell as whose seruice the veriest Paynymes and Idolaters would Cod. de Epis● co 〈◊〉 l. Si quis 〈◊〉 〈◊〉 12. refuse to haue in their Idoll temples And though these be sufficient proofes to euery one not addicted to his owne will preferring the same to all reason that prohibitus clerica●i debet reuocari ad pristinum s●atum per manus iniectionem and that serui vitam monasticam deserentes Cod. de Ep●sc ● cler● l. 〈◊〉 ad prioris domini seruitutem restituuntur One prohibited to be a Clarke ought to be reduced to his former estate by authoritie of the Magistrate and seruants forsaking their monasticall life to be restored to the bondage of their former maister Pag. 76 And that Infamia non solùm impedit praefici sed etiam remoueri facit à dignitatibus habitis An infamie doth not only hinder a man to be preferred but also causeth him to be remoued from dignities already recouered Though I say these former proofes be sufficient to confirme these assertions yet to make Cod de corrē ●●nfamia lib. 10. de dig●●tat● l. Iudices lib. 12. the matter somewhat more plaine I haue thought good to reexamine the order and forme appointed by the former statute for the making of Deacons and Ministers that if vpon examination thereof also there doe appeare such a defect by statute law as whereby our dumbe and idoll ministers be no ministers in deede and truth but onely in shew and appearance that then therevpon order may be taken by her Maiestie for the displacing of them and for the placing of other lawfull and godly Ministers in their roomes For as the statute hath limited a certayne order and forme of making Deacons and Ministers so hath it appoynted that all that are made according to that order and forme should be in deede lawfull Deacons and Ministers The wordes of the statute are these And that all persons that haue bene or shall be made ordered or consecrated Archbishop Bishop Priests and Ministers of Gods his holy word and sacraments or Deacons after the forme and order prescribed in the sayde order and forme how Archbishops Bishops Priests Deacons and Ministers should be consecrated made and ordered be in very deede and also by authoritie hereof declared and enacred to be and shal be Archbishops Priests Ministers Deacons and rightly made ordered consecrated any statute lawe Canon or other thing to the contrarye nowwithstanding Which statute hath two braunches the one appointing the forme and manner of making Deacons and Ministers the other authorizing Deacons and Ministers made and ordered after the forme and manner prescribed in the sayd booke to be in very Pag. 77 deede rightly and lawfully Deacons and Ministers and so to be taken and reputed It followeth then that if the first braunch of the statute be broken and that the forme and order be not obserued that the second braunch can take no place for that in deede the validitie of the latter dependeth altogether vpon the obseruation of the first For it is plaine and euident by law that if you would haue a second or latter action to be good and effectuall because it is done say you according to a forme and order precedent you must first proue that the precedent was accordingly done or els the consequent can take no place And therefore if the forme and order prescribed by the booke be not obserued in making vnlearned Ministers I say then that vnlearned Ministers by law are no Ministers at all And why Neque eum ff ad ●●g fal l. si●● qui § quaedam v●●um balneum aut vllum theatrum aut stadium ●ecisse intelligitur qui ei propriam formam quae ex consummatione contingit non dederit Neither can he be thought to haue made any ●ath or any theater or any race who shall not giue it that forme which perfecteth the same Againe ●●●or in ea ● extra de Iudi● 〈◊〉 Vbi ad substantiam ali●●ius actus exigitur certa forma 〈◊〉 s● super alio actu debet quis probare formam prae●●ssisse Where to the substance of any act a certaine forme is required founding it selfe vpon an other act there a man ought to proue the forme to haue passed before As for example In an
not being at that present time Bishop priest nor deacon except he be called tried examined and admitted according to the forme hereafter following And if so be that none of these be specified or declared in particular Pag. 7 6. sic deincep● as he here affirmeth why dooth he kèepe such hot schooles a little after sèeking to prooue that they are no ministers nor deacons indèed by law which haue not bèene made according to this exact forme of calling triall examination c. But to what purpose dooth he bring this reason except he would haue shewed vs withall what that Calling triall examination and qualities be which he supposeth to be required by the law of God and which They the Bishops whome as I take it he meaneth by waie of supposall are by him indirectlie charged to haue broken Naie he supposeth In them vnfaithfulnesse to the Lord accompting his waies not the best waies nor his counsels not the wisest counsels that they haue set the consultations of the grauest senators and wisest counsellours and cheefest rulers of the land behind their backs that they make their will a law and that they are not ruled by reason Truelie if these his crooked virulent and contemptuous accusations of such men reaching so high as to charge them with apostasie and these mutinous sèeds of dissention sowne betwixt them and other great men of the land be to be tolerated in a published and printed libell though they were true and iustifiable then I doo not sèe but that euerie other lewd disposed person will take the like boldnesse vpon any discontentment to whet his dog eloquence vpon any the best and best deseruing within this common-wealth For Psal 64 3. they haue whet their toong like a sword and shot foorth their arrowee bitter words Therefore we will praie with the prophet Let the lieng lips be made dumbe which cruellie Psal 31 18. proudlie and spightefullie speake against the righteous and deliuer our soules D Lord from lieng lips and from Psal 120. a deceitfull toong which is as the coles of iuniper 24. Section Pag. 53 54. OUr author omitting to declare vnto vs the Maner of calling c of ministers and deacons which is required by the law of God and required also by the law of this land as he telleth vs and leauing it to the dèepe considerations of such as know his meaning if he doo but gape vpon them dooth in this section intreate of Another maner of calling and triall by other positiue lawes required charging the Bishops euen by their owne records to haue neuer or verie seldome vsed any of them So that sèeing he exacteth of them in this action first ●bs●●●ditie in the authors platforme the obseruation of the booke for the forme and maner of procèeding therein next the calling triall and examination required by the law of God and lastlie now another maner of calling required by other positiue lawes it had beene mèet that either he would haue set downe all these threè forms to be one and to agrèe in euerie circumstance or else to haue prescribed vnto them which of the thrèe they should vse that so they might auoid his high displeasure and indignation against them And I would he had vouchsafed to let himselfe so much downe as to haue told vs where these positiue lawes which he alledgeth are written * Dist 24. c. quando Ep●●s being indèed the canon lawe conteined in the decrees Wherein I find a difference from the forme by act established which appointed the Archdeacon to examine and present those which are to be ordered Whereas here The elders Vide sect 26. sect 40. indeed priests are to present and certeine ministers and others skilfull are to trie and examine them The forme of calling which these positiue lawes that he speaketh of doo meane is nothing as he saith But a proces to be fixed vpon the cathedrall church doores or a proclamation by an apparitor the fourth daie before the ordination signifieng that such a daie the Bishop will make deacons or ministers warning such to be present as will offer themselues meet men for that seruice If this be true and also that Three daies together they are to be examined before the daie of ordination truelie they haue but Skarborough warning so suddenlie to be called euen the first daie whereon they are to be examined But he saith this Maner of calling is also commanded by the booke though briefelie in these words When the daie appointed by the Bishop is come certeinlie he had nèed to haue a head full of proclamations that can picke out of these words such a solemne calling or proclamation But whie dooth he not also tell vs whether of the two or whether both of them be ment by this law that is to saie the intimation vpon the church doore or the apparitors proclamation And where the articles of religion doo determine That none may take vpon him the office of publike preaching or ministring the sacraments in the congregation before he be lawfullie called and sent to execute the same vnderstanding hereby the whole action Dotable wresting and falsification of externall vocation which he restraineth to the letters of intimation or to the apparitors proclamation whereby signification is giuen of the daie of solemne giuing of orders he dooth heerein notablie abuse the patience of his readers whome he thinketh verie sottish if they can make no difference betwixt these two kinds of callings But as no man denieth but that it is requisite some publike notice should be giuen a conuenient time before anie solemne daie of generall ordination prefixed doo come to the intent as he saith men méet for that seruice may then and there offer themselues so if héereby he will sucke any matter to obiect against such Bishops who vpon especiall occasions and with more due triall and examination than can be had where such a confused multitude at once must be run ouer doo laie their handes vpon one or two well knowne vnto them without any such solemne notifieng thereof he shall rather hereby argue his spitefull stomach against them than anie care he hath of reformation or obseruation of law which he dooth pretend sometimes when it séemeth to accord with his humor For it is notorious that such of the Bishops as haue kept that course haue sent abroad more sufficient preachers and fewer of meane gifts haue escaped their hands than possiblie can be performed at those generall ordinations And dooth not our author himselfe dissallow in a whole treatise as Vnlawfull Contrarietie to ordeine a minister without a title which platforme can no waie stand with this generall publication of orders for all commers found méet therevnto without respect of hauing or not hauing anie place void in the diocesse allotted foorth vnto them Conueniet nulli qui secum dissidet ipsi 25. Section Pag. 54 55 56 57. IN this section conteining the maner of
of France and their owne whole platforme doo permit a ciuill Magistrate reteining his former office to be chosen a Senior in their ecclesiasticall Presbyterie so to become an ecclesiasticall person yea they doo e Ibid. art 3. prescribe to their Ministers to make pasports for passengers from one church to another which is a ciuill dutie as may appeare by the like practise by Iustices of the peace with vs. And I praie you is not this a good conuersion and a sound reason Some ciuill magistrate lawfullie is an ecclesiasticall person and gouernor Ergo some ecclesiasticall person and gouernor lawfullie is a ciuill magistrate And if some may be so what prerogatiue may be alledged for anie one which may not be shewed for others Againe it is thought by our Innouators to be a great inconuenience to be barred from publishing what bookes concerning religion they shall thinke good which appeareth by their late practises and disobedience to lawes in this behalfe yet it was thought most expedient in the reformed churches of France to f Aduertisement art 11. la discipl de France forbid that Neither ministers nor any other should cause to be printed or any otherwise published any bookes compiled by themselues or by others touching religion without imparting the said bookes first to the Conference and if need were to the Prouinciall synod Also in the reformed churches there it g Des Ministres art 11. la discipl de France was thought most méet that Noble men and great Lords to the intent all occasion of diuision might be rebated should be requested that in those places of their aboad where there was a church reformed although their owne familie were so large that it might make a sufficient Congregation yet it would please them to ioine their familie with the Congregation of that place where they did remaine And amongest vs manie be so scrupulous that they thinke those words vsed in the ordering of ministers which Christ did vse in the like action to wit Receiue the Holie-ghost to be verie fowlie abused and prophaned yet in the a La maniere de la imposition maner of Imposition of hands ordinarilie obserued in the churches of France in the election of their ministers it is set downe that the said place of S. Iohn should be amongst other places at the said time and action repeated and treated of with that also which is annexed to wit Whose sinnes ye remit c. Likewise our Reformers of others are so unwilling to be reformed conformed or vniformed themselues that they thinke they are woonderfull hardlie dealt with and beyond all example of other churches to be vrged to subscribe to the articles and confession of religion and to the manner and forme of externall discipline and gouernement vsed in this church of England whereof they are ministers yet the church of France which is so admired by them and set as a samplar by them to be imitated and according to which for the most part they haue drawne out their platformes exacteth b Des Ministres art 5. la discipl de France of euerie one That hath beene chosen a minister by the people to subscribe vnto the articles of faith and to all the order of discipline agreed vpon amongst them which if he refuse to doo he is by the Conference or by three or foure ministers of the next churches togither with their Anciens to be declared a schismatike and the people is thereof to be aduertised to the intent they may auoid such a man Also c Ibid. art 9. those which be chosen ministers must subscribe to them both in the churches where they are chosen and also in the churches whither they are to be sent Likewise d Ibid. art 11. ministers in Noble mens houses though they haue none other care are tied to this subscription Againe a Des anciens diacres art 1. la discipl de France their Seniors and Deacons are also before their admission to their offices to subscribe vnto them both And b Des professe●●s ibid. further euen their Regents and Professors in diuinitie are by them required to subscribe aswell as the rest And the like order is obserued as is notorious in the most or in all the reformed churches in Germanie In all which places as we may sée it is thought a great absurditie for a man to reteine anie ecclesiasticall function in that church vnto the orders of which by law duelie established he can not find in his hart to subscribe and condescend There is yet also another materiall difference amongst them to be touched For c De Polit. eccle Reipub some of them doo attribute equall authoritie vnto all the people in this their Regiment with the Presbyterie cleane contrarie to the most platformes set downe hitherto thereof And although as we haue now heard their varieties in iudgement be so manie and so manifold yet our men are so insolent against all other orders and formes of church-gouernement and so besotted in the loue and admiration of their owne impe which they haue begotten but not as yet licked into anie perfect forme that they dare condemne all churches which are not squared in externall gouernement according to their Lesbiall leaden rule which euerie one of them will wrest and bend as his fansie will féed him on So that one of them is not ashamed to saie d Admon 1. pag. 2. that As the estate is now of the church there can be no right religion Also e Admon 2. pag. 6. that The truth in a manner dooth but peepe out as it were behind a skreene And f Admon 1. pag. 2. againe We want in England a right ministerie of God Wherein he differeth from our Abstractor as much as the Abstractor in another place differeth from himselfe who is content to allow vnto vs some to be right ministers in déed Therefore considering the great benefits of almightie God of the true preaching of his word and due administration of sacraments which by hir Maiesties ministerie he hath in mercie farre aboue descrt powred vpon vs which these vnthankfull wretches doo thus abuse and extenuat in respect that they can not obteine their owne wils we may of them trulie verifie that saieng of Gualter which he spake * Gualter in 1. Cor. 11. against such like men All these things they esteeme as nothing except a new magistracie may be erected vnto whome it may apperteine not onelie to controll euen princes themselues but also to excommunicate them Now all these contrarieties and differences in iudgement concerning their deuised church-gouernement being well weied and considered I would aske of our Abstractor or anie other affected that waie which doo imagine as perfect a lawe for the gouernement of the church by discipline as by doctrine to haue bene deliuered by Christ vnto his church Where and in whose books that law is described and plainelie proued out of the word of God vnto
thrée to whome shall he tell it in the third place where he himselfe hath the authoritie to excommunicate But the power of binding and loosing according to the word of God and the censure of reproouing and sharpe rebuking of publike offenders which doo conteine indéed the whole discipline ment to be attributed by this church of England vnto priuate and inferiour ministers whie are they left out in this place And whie did he not also yéeld vnto euerie minister as well as excommunication the censure also against obstinate heretiks and of anathematisme supposed by the best interpretors to be a higher censure than excommunication and vsed when all hope of amendment is gone And touching his second question whereof onelie as it séemeth any doubt is made Whether the doctrine sacraments and the discipline be to be ministered simplie as the Lord hath commanded or else whether they be to be ministred onelie as this realme hath receiued the same without the commandement of God I saie that as this question is contumelious to this whole church by insinuating a iarre in those points to be established by our lawes with The commandement of God so is it a verie captious and sophisticall question A diuisione bicause he diuideth those things Inconstant dealing in the author that not onelie the booke hath ioined togither but he himselfe within ten lines afore vpon the like copulatiue coniunction vrged the like concurrence of two other seuerall members in this selfe-same sentence And for answer to the question I doo affirme that these thrée are to be ministred both as the Lord hath commanded and as this realme according to the commandements of God hath receiued the same So that the one of these clauses shall not be vnderstood either to limit or restraine the other as he vnskilfullie thinketh may be obiected nor yet Dispositiuelie as though the law ment by authoritie hereof to establish that the order in these things by the realme receiued should be holden as agreable to the word of God but must be taken Enunciatiuelie to declare and affirme for the further incouragement and comfort of those who are to minister these things that following the order by law established they shall doo agréeablie to Gods will Not that it is to be thought that euerie ceremonie forme or circumstance about these thrée things are either in particularitie deliuered in scripture as this man hath not alone absurdlie fansied or that there in either this church or anie other is or can be tied to any such certeine exact forme In hypothesi as we terme it but that certeine generall rules for Articles of religion 34. art ceremonies and gouernement being there set downe euerie church is to followe the said rules in such particular maner as they shall iudge all varietie of circumstances weied to be most fit for the editieng and gouerning of that people For iudgement whereof I thinke that waie surest to follow which hath had the best proofe and experience of profitablenesse by longest continuance of time and purer antiquitie so that it be sure no commandement in the word to be to the contrarie And where as he concludeth though without premisses that A Bishop and a minister ought to minister the discipline of Christ as the Lord hath commanded though the lawes of the realme should not haue receiued the same afterward in plaine terms saith That our discipline vsed in the church of England is not the same which the Lord Christ hath commanded he dooth first iustifie that slander of this church which his question afore The authors slaunder of the whole estate did insinuate Secondlie he directlie contrarieth both that which the booke by law established which he himselfe had a little before affirmed in these words That the discipline is to be executed by the Bishop as he hath committed vnto him by Gods word as he is appointed by the ordinance of the realme to execute Lastlie he héereby both giueth libertie to Bishop and minister to vse what forme so euer of discipline shall séeme to them grounded vpon Gods word and dooth as it were crie an alarum to all men to oppose A seditious asseueration of the author themselues against the discipline of this church as wicked and not agréeable to Christs institution But let vs a little examine his proofes whereby he goeth about to infer that The discipline of the church of England is not according to the commandement of Christ The first reason that It appeareth by the word of God and likewise the second that it so Appeareth also by the discourses written by the learned to and fro are two childish fallacies A petitione principij proouing a thing in doubt by a matter as much or more doubtfull for who being of a contrarie opinion will not straight tell him that his proofe is as euidentlie false as his conclusion That which is said of The discipline of all reformed churches maketh more against him than he is ware of First more reformed churches come néerer vnto our outward policie discipline and ceremonies than those are in number who séeme to dissent from vs. Againe few or no reformed churches especiallie of seuerall nations or dominions doo iumpe in one externall policie of discipline or ceremonies And whie is it not as lawfull for vs héerein to differ from them as for them to differ amongst themselues And how is it possible if such a set forme as is pretended be set downe in scripture that they all differing so much one from another in externall policie should all be ordered therein according vnto the commandement of Christ and thus to be brought as a squire to leuell vs by who are alonelie belike in his fansie wide from the right discipline where as I sée no cause in any respect whie they should not rather take light of vs than we of them That which he speaketh of maister Nowels catechisme is verie generall and requireth the perusall of the whole booke But I suppose this to be the place which he meaneth where toward the latter end of the booke he saith In * pag. 652. graecolat Catech 1573. well ordered churches a certeine forme and order of gouernement was instituted and obserued certeine elders that is to saie ecclesiasticall magistrates were chosen which should reteine and practise ecclesiasticall discipline And dooth our author thinke that this man heere dooth meane their laie presbyteries neuer heard nor read of from the beginning of the world till within these fortie yeares or little more bicause he nameth them ecclesiasticall magistrates A foole fansieth that bels doo ring and almost speake anie thing wherewith he is delighted Or could he gather that maister Nowell here condemneth our churches discipline as not agréeable to that which Christ hath commanded if he had directlie said that in some well ordered churches an order of discipline differing from ours is obserued Dooth this follow Some well ordered churches differ in some points of externall discipline
an exception whereby vpon occasion beneficed persons may by the Bishop be inhibited or suspended from preaching or expounding euen in their owne cures And if it were not so then this being but a prouinciall constitution which cannot derogate from the canon law afore in this section alledged by our author should be meerelie void Yet to make it more plaine what great doughtie sermons these were which beneficed persons in their owne cures were in this great restraint pretended suffered to vtter Forsooth they were nothing but that shallowe paraphrase * Const prou ignorantia sacerdotum de off Archipresbyteri afore spoken of which they might simplie conne without booke and preach to their people but they might wade no further as appeareth in this * ibid. §. sacerdotes selfe-same constitution And therefore this is farre inough from giuing any authoritie to all ministers to intermeddle with preaching without further licence than their ordination to the ministerie The obiection which to this purpose against the author might be brought out of the aduertisements he handleth as Alexander did Gordius knot which bicause he could not handsomlie vntie he hewed it in sunder with his sword And so dooth he by denieng the authoritie of them bicause they are not with priuiledge nor printed by the Quéenes printer although they were commanded by hir Maiesties expresse letters And is any man to surmise that those reuerend and wise Fathers who subscribed vnto the said booke of aduertisements would or durst publish them in hir Maiesties name and as by hir Highnesse authoritie and letters dafed such a certeine daie if it were not so or that they would enterprise to forbid or restraine that which the law had so exactlie charged and commanded as this man dreameth But it is the guise of little children where they cannot read there to skip ouer But this matter is clearelie determined by a later * 13. Elizab. cap. 12. statute than all these which yéeldeth a preheminence excluding all others vnto a preacher lawfullie allowed by some Bishop within this realme or by one of the vniuersities of Cambridge or Oxenford to haue a benefice of thirtie pounds a yeare in the Quéenes bookes in like sort as a bacchelor of divinitie by the said statute may haue Now if euerie one ordeined a minister by a Bishop were thereby by the secret operation of law admitted withall a preacher by the said Bishop then were this no prerogatiue to a bacchelor of diuinitie or to a preacher when as euerie minister should be as capable of a benefice of that value as they and so the statute should be absurde and elusorie 23. Section Pag. 47 48 49 50 51 52 53 HAuing had so hard hap with particular proofes he héere commeth to a generall reason or presumption Bicause Statutes in doubtfull points are to be interpreted by the common lawe and so that they may as little preiudice the same as may be and for that the calling triall examination and qualities required are spoken of about making deacons and ministers without particular mention of what sort of calling triall examination or qualities and for that the makers of the Act were men desirous to promote the glorie of God therefore such calling triall examination and qualities are ment as are requisite to be in those two callings by the law of God which he prooueth also to be likelie By the praiers and places of scripture vsed in that action Touching his conclusion I can easilie assent vnto it If this withall be vnderstood that if either in this forme of ordering or in any other forme in any reformed church euerie speciall circumstance vsed be not Modo forma found in the word of God as indeed it is not possible yet notwithstanding if nothing therein be repugnant Articles of religion art 34. to the word of God that it may and ought to be accompted in this action and all other of externall policie to be agrèeable and according vnto it and to be that which is required by the law of God yet the conclusion followeth not of those premisses for he should haue inferred that such calling triall c is vnderstood as the common law dooth set downe Now as touching the qualities required in a priest or minister by the canon law which is the common law ecclesiasticall no such matter of preaching is required of him nor no necessarie tieng vp of the deacon onelie to reading of homilies Ad * c perlectis §. ad presbyterum dist 25. presbyterum To a priest saith the canon it belongeth to performe the sacrifice of the bodie and bloud of the Lord on the altar of God to praie and to blesse the gifts of God As concerning his allegation out of Panormitane there is no such chapter in that title wherevpon he might write yet I find in him vpon the said title this conclusion that The * Abb. in c. cum dilectus Ext. de consuetudine words of a statute ought to be construed either most largelie or most strictlie to the intent that the correction of the common law may be auoided by such interpretation Yet this moderation as the law else-where teacheth vs that * Ibid. §. in gl ver nec iuri per l. 2. c. de noxal per Bart. in l. omnes populiff de iustitia iure Where the words are euident there we ought not to take an vnproper sense of them to the intent to reduce them to the common law but where they are doubtfull or haue a double vnderstanding whereof the one is proper and the other vnproper then we ought to take in interpreting euen the vnproper sense that by it we may swarue so little as may be from the common law But in such maner also As * Abb. in c. cum dilectus Ext. de consuetud that we swarue not from that sense which custome yeeldeth although by somthing happening afterward it should appeare that such sense were not good bicause custome hath a power of interpreting of derogating and of imitating whereby it supplieth where law faileth So that I would gladlie learne what words are so doubtfull or of so diuers significations in any of our statutes or in●unctions touching the authorising of euerie minister without further licence to preach and barring him from reading homilies as that for auoiding of a contrarietie betwixt them and the canon law and for the reteining of the vsuall meaning of them which the custome of this church hath yèelded we should be forced to follow our authors fansies herein naie the custome of this church I am sure he will not denie but that it is against him Moreouer one of his chèefest assumpts to wit That no kind of particular calling triall or examination is set downe by the said booke so by act of parlement confirmed is vtterlie vntrue For the preface of the booke saith An b●truth thus It is requisite that no man shall execute anie of the said offices
the golden calfe and yet was not vpon his repentance put from his priesthood Likewise by Peter whose reuolt and ten●porarie apostasie in denieng his maister Christ was no lesse hainous than the sinne of our idolatrous priests who for the most part sinned but of ignorance in that generall blindnesse and to the like end also * c. vt constitueretur 50. dist ex Aug. ad Bonifaciū this example is else-where alledged Likewise Augustine afterward a famous Bishop was by the space of manie yeares a detestable Manichee as he witnesseth of himselfe Also Tharasius the patriarch in the councell of Meldis being the seuenth councell propounded thus to the whole councell Dooth * c. conuenientibus 1. q. 7. ex concilio Meldensi siue septima synodo it please you that those which haue returned from heresie shall reteine their former roomes The holie moonkes answered As the sixe generall councels haue receiued those which haue returned from heresie so doo we receiue them And the whole councell answered It pleaseth vs all And Basilius the Bishop of Anchyra Theodorus the Bishop of Mirea and Theodosius the Bishop were willed to sit according to their degrees in their seates And a little before the said Patriarch saith Behold manie bookes of canons of synodes and of ancient fathers haue beene read and they haue taught vs to receiue those which returne from heresie if there be no other cause in them to the contrarie And the glosse * Gl. 1. ibidem there gathereth the whole summe of that action thus They decreed that they who returned from heresie were to be restored to their former estate so that in writing they doo renounce the heresie and make proprofession of the catholike faith But those are not so to be receiued which of purpose procured themselues for the subuersion of our faith to be ordeined by heretikes Againe saith * c. quod pro remedio §. similiter ibid. the canon Likewise by dispensation in the verie councell of Nice it was decreed concerning the Nouatians that vpon their returne againe to the church they might be receiued to orders There is also * c. quotien● ibidem set downe the forme of an abiuration for a Bishop returning from schisme Further Leo * c. maximum ibidem saith concerning a Donatist Although Maximus was vnlawfullie of a meere laie man ordeined suddenlie to be a Bishop yet if he now be no Donatist and be free from a schismaticall spirit we doo not thinke good to put him from that Bishoplie dignitie which but so so he hath attained Mention * Daibertu● ibidem also is made of one Daibertus which hauing taken order of deaconshop of one Nezelon an heretike which also had none other ordination but of an heretike was a fresh made a deacon not that the order was reiterated but bicause he could not be said to receiue that at anothers hands which the partie himself had not Augustine * c. ipsa pieta● in fine 23. q. 4. ex August ad Bonifaciū speaking of the repentant Donatists saith Let them haue a bitter sorowe of their former detestable errour as Peter had vpon feare of his lie and let them come to the true church of Christ the catholike church their mother and let them be clearkes and Bishops in that church profitablie which before carried hostile minds against it we doo not enuie them but we imbrace them exhort them and wish it of them and whome we find in the hedges and high waies we vrge to come in And the Decretall epistle dooth no otherwise debarre heretikes being ecclesiasticall men from continuing their function but * c. ad abolendam when vpon the finding out of their error they shall refuse presentlie and willinglie to returne to the vnitie of the catholike faith And touching such * c. omn. 1. q. 1. c. si qui presbyteri 1. q. 7. canons as in apperance at the first séeme contrarie the * c. nos consuetudinem dist 12. glosse verie truelie reconcileth them together saieng By common right none that returneth from heresie may be ordeined but such are dispensed with as when they are suffered to be preferred to the lower orders 1. q. 1. c. si quis haereticae The dispensation is full when he may be made priest but no further 1. q. 7. c. conuenientibus It is more full when he may be made a Bishop but not a Primate as in this place it is most plentifull when he may be promoted to all other dignities 23. q. 4. c. ipsa pietas Yea besides the continuall practise and custome of this realme euen in hir Maiesties iniunctions made the first yeare of hir blessed reigne of Priests then which had but small learning and had of long time fauoured fond fantasies rather than Gods truth which must considering the time then néeds he vnderstood of massing priests it is affirmed that Their office and function is of God and therfore that they are to be reuerenced And the * 13. Elza cap. 12. statute cléerlie decideth the tollerating of all priests in their functions ordered neither in the time of king Edward nor in hir Maiesties reigne so they publikelie did testifie before a time there prefixed their vniformitie with this church in matters of religion By the practise of our church after God had opened their eies to sée the truth they were not onely tollerated but some of them aduanced by our godlie Princesse to the highest dignities in it And God did not onlie singularlie blesse their ministerie towards others but vouchsafed the persons of some of them the crowne of martyrdome Euen in the reformed churches of France thought of all other by our men most strict and woorthiest of imitation such as had béene popish priests as may appeare were tollerated to continue their function and to reteine their benefices being conuerted to the gospell Cōme * Pierre Viret in Decalog ie ne veux c. As I will not saith Viret at all condemne the tolleration vsed towards such for christian charitie sake and bicause they should not bee driuen to despaire so would I also desire they should vnderstand that they may not hold those goods with a good conscience except they labour to the vttermost of their power according to the estate whereto God hath called them to the edification of the church and the releefe of the poore whose goods they inioy And to this effect he also speaketh more at large in an epistle written to the faithfull And it is conteined in the * La discipline eccles des esglises reformes duroyaulme de France art 2 3. discipline set downe by all the reformed churches of France that Bishops priests and monks conuerted to the gospell from Poperie might be assumed to the ministerie of the gospell after the confession of their faults and errors and good experience had of their conuersation and doctrine The like may be said of other churches abroad
almost said heresie was not yet come abroad into the world that his priests which said thus by a king Apostare regnare facit hypocritam propter peccata populi that they I saie should teach the people that they owe no seruice to euill kings and that although they had yeelded vnto them the oth of fealtie yet they did not owe vnto them any allegiance and that those should not be accompted periured which stood euill affected towards their king yea that those which should obey the king should be reputed excommunicate and that he which attempted anie thing against him should be absolued from the guilt of impietie and periurie Haec Sigebertus Which notable testimonie procéeding euen from a moonke deuoted to that See and in the great ignorance of those times which otherwise did possesse them I could not but oppose to the fanaticall spirits and traitorous allegations both of these dangerous innouators and of the rabious papists which in this point hath borrowed weapons of them and doo barke in the same key dailie from beyond the seas against their Souereigne whose kingdome they would inthrall to be holden but at the popes as the other would haue it at the chéefe inferiour magistrats the peoples or presbyteries deuotion As touching secondarie meanes for the better establishing and furnishing of their presbyteriall gouernement there is likewise varietie of opinion For our laie reformers for the most part doo wish all ecclesiasticall persons to be deuested of their lands and other hereditaments and like cast and forworne seruants to be put to their pension that vpon such alteration the offalls downefalls and windfalls may fall to their share or at least be a musse for them to scamble for Which deuise seemeth to haue béene pointed at by the discipline of France * Art 35. de la discipline de France where they saie No minister shall possesse anie hereditament by title of his ministerie but if a pension or some parcell thereof be assigned out of any possession rent or reuenue it shall be wholie in the administration of the deacons or of other persons therevnto deputed by the church at whose hands the ministers shall receiue their pension But the chéefe of our ecclesiasticall innouators would on the contrarie side haue the prince to relinquish hir first fruits tenths and impropriations and all Noble men and gentlemen their impropriations and patronages and the Bishops with all cathedrall and collegiate churches to be be reaued of all their temporall and ecciesiasticall possessions whatsoeuer to supplie the wants that may happen at the erecting of their petit Parlements and Presbyteries To which deuise bicause they foresée such of the laitie will as hardlie as anie other be induced to agrée being deafe of that side the head howsoeuer they seemed to like the plat so long as it reached no further than to Bishops and cathedrall churches they doo therefore as bitterlie bite at them as at others for their a Disciplina ecclesi fol. 94. backwardnesse in this pretended necessarie seruice Whiles they heare vs speake saith no little one of them in reputation against Bishops and cathedrall churches it tickleth their eares looking for the like prey that they had before of monasteries yea they haue in their hearts deuoured alreadie their churches inheritance b Ibidem And againe They could be content to crucifie Christ so they might haue his garments And c Ibidem further They care not for religiō so they may get the spoile And yet d Ibid. fol. 97. againe The reuenues of the church are wasted in courtlie wantonesse brauerie bestowed vpon noblemens seruants and so consumed with most sacrilegious impudencie and boldnes Further e Ibid. fol. 87. yet They doo not onelie giue nothing to the church but such liuings as others haue godlie bestowed most wickedlie they deteine and with-hold from hir To this f Ibid. fol. 95. he addeth That our age is full of spoiling soldiers and of wicked Dionysians who will rob Christ of his golden coate as neither fit for him in winter nor in summer And another chéefe man among them g T. C. 75. saith of such They are coruorants and seeke to fill the bottomlesse sackes of their greedie appetites And againe They doo yall after a prey and would thereby to their perpetuall shame purchase a feeld of blood Yea h Admon 2. pag. 13. a third also of them saith It is no better than sacrilege and spoiling of God to keepe backe any waie the prouision that hath beene made for the ministerie and the cursse of God threatned by Malachie to those that spoiled the Leuites then belongeth will light vpon our spoilers now and vpon them in whose hands it is to redresse it if they doo it not Whereby we may see that our ecclesiasticall innouators are not so scrupulous as they in France or as our laie reformers séeme to be but that they could be content to take paines with those lands tieths and other hereditaments and to aduenture on them though they haue béene so abused to the maintenance of supersiition and idolatrie in the church yea and to reteine them in title to the better support of their Septemuirall or decemuirall senat in euerie parish scarselie counting the other mens offer of a pension worth a single gramercie Now let vs come to some of their resolutions wherein they deliuer to vs their minds when and by whome this their presbyteriall church gouernement by Seniors as here they are called or by Anciens as they call them in France was commanded or practised For séeing they doo both alledge such a necessitie thereof that some of them haue not doubted to make it a third essentiall point of a true church whereby they must flatlie confesse to follow that in or since Christs and the apostles times euen till their owne age there hath béene no true church séeing it is assured that neither they nor any man in the world is able either by scripture or testimonie of antiquitie to shew foorth such their laie presbyterie priests elders seniors or anciens as they speake of also do beautifie aduance it vp to heauen with glorious titles Surelie their endeuour will not be worth a single baubie or dodkin if they cannot bring the deuise and erection of it as high as Christs time at the least Therefore one * T. C. pa. 187. of the chéefest of them doth fetch it from the Iewish 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and out of the Talmud But if this senate and set councell among the Iewes be a type vnto their presbyteries then must they handle both the swords which they would séeme to mislike in others For one * Bonauentura de politia Iuda ca. 13. Daneus ca. 10. lib. 2. Isag 2. par of Geneua latelie writing De politia Iudaica agréeablie herein with the most both old and new writers affirmeth that they had the hearing and decision aswell of ciuill as of
where Noble men did vndertake that office Shall we thinke it méet that the renenues of the church should be alloted out to their maintenance according to their degrées Trulie either they must haue short commons or else their churches and seuerall parishes must content themselues without many such Semors Now let vs also brieflie consider what they teach concerning the persons that are to serue and to belong to this presbyteriall gouernement Our men in their bookes doo attribute the chiefest degrée of dignitie in their ecclesiasticall kingdome to the pastor the next to the doctor the elders whether knights lords earles dukes or princes must content themselues to be reckoned in the third place and the deacons in the fourth Yea the discipline of France suffereth the matter of preheminence betwixt deacons and anciens to be whelie vndercided where * Art 6. de● Anciens Diacres en la discipline de France they saie The deacons and anciens may not pretend any preheminence or superioritie the one aboue the other Now it must néeds be intended that the pastor is aboue the deacon whereby it will follow séeing they doo wey the deacons and anciens alike that the pastor is to be preferred afore them both which will no doubt be a verie seemelie matter where he is preferred in commission aboue his souereigne Lord. Yet * Simlerus de repub Heluet fol. 172. at Saint Galles in Switzerland where ministers haue an ordinarie authoritie with the rest in the Presbyterie it is thought more agréeable with scripture that a meere laie man should be chiefe and so doo they vse it Againe the consistories of Zurike and Basil doo wholie consist of laie men yet certeine Diuines and Ministers are ●oined as assistants to them But at * Simlerus ibid. fol. 148. Schaphausen ministers are not so much as called to be assistants But the reformed churches in France doo clearelie determine that the ministers are and ought to be Praesidents and chiefe in their * Art 4. du Consistoire en la discipl de France Daneus 2. parte Isago li. 2. cap. 20. consistories For they say The ministers of the word of God and the anciens make the consistorie of the church ouer which the said ministers ought to be praesidents Howbeit in the verie next article they set downe * Art 5. en la discipl de France that A ciuill magistrate may be called to the charge of an ancien in the consistorie so that the exercise of the one shall not hinder the exercise of the other nor shall be preiudiciall to the church Whereby may necessarilie be concluded that they thinke it requisite the pastor in the consistorie to take place before the prince if he be vouchsafed that worship as to be called amongst them Yet by their leaues they prouide not herein so fullie for the pastors souereigntie in that gouernement as they wéene if matters come to be decided by most voices For it can not be credible but that the prince or any Nobleman or great Gentleman shall easilie be able to win his fellow-assistants in consistorie being in all other respects farre his inferiors and many waies by all likelihood deuoted vnto him to be of his iudgement whensoeuer it shall happen that the Pastor and he doo varie in opinion For I haue not red that they mind in all matters to make the Pastor onelie of the Quorum And no maruell though they thus debase Princes by making them range with the rest of their Seniors and Church-gouernors considering how much soeuer they sarre in other points yet they iump in this to debar princes of that right of gouernement in matters and ouer persons ecclesiasticall which the word of God and all the examples of godlie kings in Iuda dooth afford vnto them Therefore one of them as in great scorne most slanderouslie vntrulie a Soldior of Barwike pag. 8. saith That for the princes pleasure poperie is turned into policie And afterward b Ibidem more traitorouslie If the prince with Gedeon Nadab Abihu Vzza Vzziah and Saule will intermedle without Gods warrant as she hath doone pag. 152 lin 20. with matters of religion pag. 157 lin 4. with Gods matters pag. 141 lin 21. she must thinke it no iniurie to be disobeied pag. 143 line 13. Agréeablie to which though not so round and peremptorie is that mislike which another of them hath hereof * T. C. pag. 157 161. that hir Paiestie hath preheminence and chéefe authoritie in determining of church causes and making ecclesiasticall orders and ceremonies and likewise * T. C. pa. 161 that hir Maiestie in councels for church matters is the chéese who should be onelie there an assistant A third of them also thinketh it inconuenient * Admo 2. that without hir Maiesties assent ecclesiasticall persons cannot make orders or ceremonies In which respect the a T. C. other before alledged thinketh it expedient that hir Maiestie should be of some particular parish and so in subiection to the censures of a presbyterie either to be suspended or excommunicated as occasion shall require Therfore a fourth of them prescribeth generallie to princes and all other whomesoeuer if they be not of their presbyterie b Ecclesiast discipl pag. 142. thus Of all these in a maner this is the onelie dutie that they suffer themselues easilie and willinglie to be ruled and gouerned by others whome God hath set ouer them But more particularlie c Ibi. pa. 285. else-where speaking of kings and magistrats he saith These no lesse than the rest must obey and yeeld to the iust authoritie of the ecclesiasticall magistrates Therefore another besides all these saith that not onelie d Daneus par 2. Isag li. 2. cap. 62. The consistorie may and ought to admonish the magistrate which is negligent in punishing vice but e Ibid. ca. 67. also may vpon knowledge of the cause taken excommunicate euen the cheefe magistrate vnto the which he ought to submit himselfe And therefore he saith that which is brought as out of Augustine that a prince may not be excommunicated In additio ad 3. 2. Thomae dooth not hinder this bicause it is false And least this dutie though it be verie rigorouslie exacted should but slenderlie be performed one of them f T. C. pa. 645 also saith Princes must remember to subiect themselues to the church and to submit their scepters to throwe downe their crownes before the church yea to licke the dust of the feet of the church Meaning as appeareth by the name of the Church their presbyterie And * Br. another whome I would not deigne to speake of but that he agreeth with them herein saith Kings must be bound with chaines and the nobles with fetters of yron meaning by the authoritie of the eldership or presbyterie And againe They must obeie the scepter that is to saie the gouernement of Christ in their elderships if they be christians
trulie dooth answer that it is to be vnderstood to be indéed The generall lawe yet limited and restrained vpon diuerse occasions of Speciall priuilege euen by other parts of the same lawe as shall God willing be made manifest hereafter The other place in this section alledged is shamefullie by him falsified for he hath Falsificatiō put in more than anie booke that I can find speaketh of in that place all these words wherevpon his thrée syllogismes insuing are grounded to wit Both bicause it is a proper kind of merchandize and filthie gaine and also altogither contrarie to the custome of the church where in trueth that * c. per laico● 〈◊〉 fine 16. q. ●●bigl●in ●●●r Duas canon saith nothing else but this Let no priest haue two churches Which the glosse for auoiding of contrarietie with other lawes dooth thus interpret that is Not two churches with title except they be poore churches as is to be found c. eam te Ext. de aetat qualit aud c. vnio 10. q. e. Neuerthelesse the truth is that these things may be verified of such men as wholie contrarie to the canons doo vsurpe mo benefices then they are dispensed with by law to receiue And therefore the like words are vsed in another * c. 1. 21. q. 1. in fine canon yet not simplie as our author without any simple meaning or plaine dealing hath alledged but with distinction that it is meant That none shall hold by waie of title two benefices in two seuerall cities or in that citie where the seauenth councell was assembled though in villages abroad by reason * c. priscis 56. dist of scarsitie of such men it be permitted bicause it was then intended that in cities all things necessarie being more plentifull than in the countrie they might by one benefice be sufficientlie mainteined Therefore his thrée seuerall assumpts or Minor propositions wherein he assumeth without proofe that absolutely It is against the good custome of the church a proper kind of merchandize and filthie gaine and vncomelie in anie respect for one man to haue mo benefices are all to be denied as vntrue Yet I must put him in mind that the Maior of his last syllogisme is also vntrue bicause if he vnderstand In the church that is amongest christians as he must néeds doo or else taking it for the publike assemblie about the exercises of our religion he shall speake besides his purpose manie things are lawfull which are not expedient and therefore not comelie 5. Section Pag. 111 112. IF his store to this purpose were either so great or so good as he maketh boast of then was he greatlie ouerseene in his choise to cull out this constitution of the Legat Octobone in steed of all the rest For the words which he hath alledged as is euident to him which will peruse the former part of that * Const Othoboni de institut seu collationibus §. 1. constitution which yet our author of his owne absolute authoritie hath transformed and diuided into two chapters as though the one did not depend vpon the other are spoken against such as Are not able to take charge ouer themselues which doo not reside vpon their cures which are not in any sacred orders requisite to the reteining of such a benefice which doo not onelie vsurpe manie but infinite such benefices which though they would yet by no possibilitie are able to satisfie their charge which violentlie intrude themselues into such benefices which by subtile deuises colourable shifts doo seeke to reteine them lastlie which haue no dispensation therevnto obteined from the apostolike See as the canons in this behalfe doo prescribe Therefore it is no maruell those so manie blemishes or diuerse of them concurring that these blind leaders except they had bene as blind as mowles or béetles did perceiue such great inconueniences therein as that they could not but thus greeuoustie exclaime against them Which before it can be applied to our plurified men as this foolified phrasefiner termeth them he must first prooue that the cases of both are alike 6. Section Pag. 112 113. IT could neuer haue come to passe but that the Abstractor is Gnauiter impudens that he should obiect the same statute for the absolute prohibiting of the reteining of mo benefices which dooth alonelie establish all dispensations for Pluralists sauing for the Chaplens of some few qualified persons by other statutes afterward prouided for that be or can be put in practise in this church of England Wherein yet we may obserue euen in the very words by himselfe alleged though we go no further that the hauing of mo benefices is not so generallie prohibited but that in respect of the pouertie of the first benefice as being vnder eight pounds yearelie value agreeable partlie to the canons in this behalfe a man may without furder qualification or dispensation by that statute exacted reteine also a second of what value soeuer without auoiding himselfe from his first benefice And bicause our author hath here made a gallant shew of certeine generall lawes prohibiting though not simplie the reteining of mo benefices and is now readie prest to improue with all his might that which may be obiected to the contrarie touching such lawes as doo permit by dispensation to some persons and vpon some occasions the inioieng of mo than one it shall not be amisse breeflie to point out such lawes and canons besides those few which hitherto haue béene here and there aforetouched which doo directlie prooue that by dispensation it is lawfull to be possessed of mo benefices than one at once vpon some reasonable occasions It appeareth by a a c. de multa Extra execrabilis de prebendis whole Decretall set downe of purpose concerning pluralitie of benefices that dispensations may be granted for reteining of mo benefices by one man It is likewise in another place b c. ordinarij §. 1. §. caeterum de off ordinarij in 6 decreed that as those which can not shew foorth sufficient dispensation shall be deuested of those benefices Which in that respect they doo vniustlie hold so if they can shew a sufficient dispensation they shall not be molested for them bicause they doo hold them canonicallie Manie examples herof might be alledged here and there dispersed as c c. cum Capell Extr. de priuileg where certeine praebendaries are mentioned to haue claimed an exemption in the parish churches which they inioyed bicause the place whereof they were praebendaries was exempted And d c. relatum 2. § fin Extr. de testam againe where it is decided concerning the distribution of his goods which had diuerse benefices Another example herof may be taken out of Concilium e c. vnum §. pont 2● q. 1. Agathense where it is decreed that An abbat may haue two monasteries and both of them as in title but by speciall priuilege and not of common right And it is decréed