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A13028 An assertion for true and Christian church-policie VVherein certaine politike obiections made against the planting of pastours and elders in every congregation, are sufficientlie aunswered. And wherein also sundrie projectes are set downe, how the discipline by pastors & elders may be planted, without any derogation to the Kings royal prerogatiue, any indignitie to the three estates in Parleament, or any greater alteration of the laudable lawes, statutes, or customes of the realme, then may well be made without damage to the people. Stoughton, William, fl. 1584.; Knollys, Francis, Sir, d. 1643. 1604 (1604) STC 23318; ESTC S117843 177,506 448

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haeredibus nostris in perpetuum quod Ecclesia Anglicana libera sit habeat omnia iura sua integra libertates suas illaesas We haue graunted vnto God and by this our present writing haue confirmed for vs and for our heyres for ever that the church of England be free and that shee haue all her rights and liberties whole and vnhurt Nowe by this Charter if the same be cōstrued aright there is provision made first that such honour and worship bee yeelded by the King and his subictes his and their successors and posteritie vnto God as truely and in deed belongeth vnto him Secondlie that not onely such rightes and liberties as the King his progenitors but also that such as God had endowed the Church of England with should inviolably be preserued And in verie deed to speake truely properly such rights and liberties onely are to be called the rightes liberties of the church of England which God him selfe hath giuen by his lawe vnto his vniuersall Church not which the Kings of England by their Charter haue bequeathed to the particular church of England When therefore questiō is made that by the great Charter the Kinges of England are bound to maintayne the rights and liberties of the Church of Englande we are to enquire and search what rights and liberties God in his holie word hath granted vnto his vniversall Church and so by consequence vnto the Church of England one part of the Catholike church And this questionlesse was the cause that moved the victorious Prince Henry the eight so effectuallie and powerfully to bend him selfe against the Popes supremacie vsurped at that time over the Church of England For saith the King wee will with hazard of our life and losse of our Crowne vpholde and defend in our Realmes whatsoever wee shall know to be the will of God The church of God then in England not being free nay having her rights and liberties according to the great Charter whole and vnhurt but being in bondage and servitude to the Sea of Rome contrarie to the lawe of God the King iudged it to stande highlie with his honor with his oath according to the measure of knoweledge which then was giuen vnto him to reform redresse amend the abuses of the same Sea If then it might please our gratious Soveraigne Lord King IAMES that now is treading in the godly steppes of his renoumed great Vncle to vouchsafe an abolishment of all lordlie primacie executed by Archiepiscopal Episcopall authoritie over the Ministers of Christ His Highnes in so doing could no more rightlie bee charged with the violation of the great Charter then might King HENRY the eight with the banishment of the Popes supremacie or then our late Soveraigne Ladie the Queene could be iustlie burthened with the breach of her oath by the establishment of the Gospell Nay if the Kings of England by reason of their oath had bin so straightlie tied to the wordes of the great Charter that they might not in anie sort haue disannulled any supposed rightes liberties of the church then vsed and confirmed by the great Charter vnto the church that thē was supposed to be the Church of God in England then belike King Henrie the eight might bee atteinted to haue gone against the great Charter and against his oath whē by the overthrow of Abbayes Monasteries he tooke away the rightes and liberties of the Abbotts and Priors For by expresse wordes of the great Charter Abbotts and Priors had as ample and as large a Patent for their rightes and liberties as our Archb. Bb. can at this day chalenge for their primacies If then the rightes and liberties of the one as being against the lawe of God be duly lawfully taken away notwithstanding any matter clause or sentence conteyned in the great Charter the other haue but litle reason by colour of the great Charter to stand vpon their pantofles and to contend for their painted sheathes For this is a rule maxime in all good lawes that in omni iuramento semper excipitur authoritas maioris vnlesse then they be able to iustifie by the holy scriptures that such rightes and liberties as they pretend for their spirituall primacie over the Ministers of Christ to be granted vnto them by the great Charter be in deed truth likewise confirmed vnto them by the holy law of God I suppose the Kinges Highnes as a successor to King Henrie the third and as a most iust inheritour to the Crown of England by the words of the great Charter and by his oath if once the same were taken to be bound vtterlie to abolish all Lordly primacie as hetherto vpheld and defended partly by ignorance and partlie by an vnreasonable and evill custome Admonition The vse and studie of the civill lawe wil be vtterly overthrown for the Civilians in this Realme live not by the vse of the civill lawe but by the offices of the canon lawe and such things as are within the compasse thereof And if you take those offices and functions away and those matters wherein they deale in the canon lawe you must needes take away the hope of rewarde and by that meanes their whole studie Assertion This collection dependeth vppon his former Reason is borrowed to proue a necessary continuance of canon law and concludeth in effect thus The taking away of the reward and maintenance of Civilians wil bee the overthrowe of the vse and studie of the civill lawe But the taking away of the canon lawe the offices and functions thereof and such things as are within the compasse of the same wil bee the taking away of the reward and maintenance of Civilians Therefore the taking away of the canon lawe wil be the overthrowe of the vse and studie of the civill lawe But we denie the assumption and affirme The maintenance of Civiliās dependeth not vpō the functions of the canon lavve that Civilians might haue farre better reward maintenance then now they haue if the offices and functions of the canon lawe and such things as are conteyned within the same were simply and absolutely taken away And further we say if there were none other vse nor end of the studie of the civill lawe then hope of reward and maintenance by some office function of the canon lawe that then Civilians should in vaine seeke for knowledge in the civill lawe because without the knowledge thereof and by the only knowledge of such things as are within the compasse of the canon law they might reape that rewarde and maintenance Nay sithens by experience wee haue known that some who neuer vnclapsed the institutions of Iustinian out of the same to learne the definition of civill iustice haue bin yet are authorized to exercise the offices and functions of the canon law how should the studie of the civill lawe bee furthered by these offices and functions when as without any knowledge of the civill
authorized disposed or established in particularitie the order of these thinges or if the Scripture haue not delivered everie ceremonie forme or circumstance about these three things shall not the Minister therefore minister these or any of these three things at all And suppose I pray you that neither this nor anie other law had in particularitie appointed the ceremonie of the Crosse the ceremonie of Godfathers or any other ceremonie in Baptisme or that the Law had not appoynted the ceremonie of kneeling or any other ceremonie at the celebration of the Lords Supper should not the Minister therefore minister neither Baptisme nor the Lords Supper in the charge committed vnto him yes he should And why forsooth because he hath promised so to doe and because the Lorde hath commaunded him so to doe Besides sithence everie Minister by vertue of his promise and force of this law is bound to teach the doctrine of Christ to the people of his charge notwithstanding he be not tyed by the law of the Realm nor by the holy Scripture to any rite ceremonie or circumstance or to any exact forme or particuler maner in teaching what reason can any mā pretend that the not particularizing of al rites ceremonies or circumstances in the Scripture or the not establishing of any order by the law of the Realm touching discipline should altogether hinder everie Minister from the administration of al discipline in the church For as touching the aunswere that the Ministers may and doe exercise not the Answere to the abstract Pag. 59. least partes of Discipline of declaring by doctrine according to the worde of God mens sinnes to be bound and loosed and the censure of rebuking and reproving Pag. 55. openlie and that the discipline Discipline of declaring by doctrine is called discipline erroneouslie which the Minister is to execute reacheth no further then to reach his Parish with all diligence to keepe and observe so much of the Doctrine Sacramentes and Discipline of Christ as apperteineth vnto them as touching this aunswere I say it is as erroneous as the former were frivoulous and impe●tinent For as consolation and comfort by way of exhortation so reprofe and sharpe rebuking by way of dehortatiō belong properlie to that part of the Ministers function which concerneth the binding and loosing of sinners by doctrine and not by discipline and is but an application of the doctrine to a wounded or seared cōscience Hee therefore that leaveth no other Discipline to be executed by the Pastor of the church then of declaring by doctrine mens sinnes to bee bound or loosed and by teaching his Parish to obserue doctrine sacraments and discipline Discipline doctrine confounded by the Answerer confoundeth the matters both of discipline and doctrine Againe if not any other discipline was ment to be attributed to everie Minister then such as is declared by doctrine thē these words viz. and the discipline of Christ were superfluouslie and idellie added by the Parleament For then had it bene sufficient for the Parleament to haue enioyned the Bishopp to demaund of the Minister onely this and no more viz. Whether will you giue all faithfull diligence to Minister the Doctrine and Sacraments of Christ There is therefore some other kind of discipline of Christ intendeth by the Parleament to be attributed The Parleament intendeth some other discipline then of declaring by doctrine vnto euerie Minister and wherewith also the law of the Realm doth enable euerie Minister then is this maner of discipline of declaring by doctrine teaching the people And this discipline also must needs be vnderstood to be of the spirituall censures of the Church because Christ neuer instituted any other discipline And therefore because our opposites agree with vs in a generalitie that the doctrine Sacraments and Answere to the abstract 55. 60. discipline of Christ are to be Ministred as the Lord hath commaunded onlie none otherwise and yet neuertheles doe dissent from vs touching the persons by whom this discipline is to be ministred because say they everie particuler ceremonie rite or circumstance of externall policie are not set downe in scripture because of this their answere I say it is to be cōsidered First vnto what persons the function of the ministration of the discipline of Christ by the holy Scriptures is cōmitted Secondlie whether the same persons with their functions be arbitrable ceremonious rituall or circūstantiall to be altered chāged by authoritie of the Church as thinges To what persons the discipline of Christ by the scriptures is committed whether the persons bee arbitrable or no. indifferent yea or no. To the first seeing to one and the selfe same person the holie Scriptures attribute these two names Bishop and Pastor thereby signifying what are the two duties which belong to the same one person and seeing also no one person by Gods word is called a Bishop or Pastour in regard of Phil 1. 1. his fellow brethren the other Bishopps Tit. 9. 1. 5. 7. or Pastours but in regard of his owne flocke which he overseeth and seeing 1 Tim. 3. 1● also in well ordered Churches by the ordinance of God certeyne men of approved godlines called according to the common name of the Hebrewes by the common name of Elders whom partly calleth governors were ioyned as ecclesiasticall Magistrats to the Bishop 1 Cor. 12. 28. Pastor or teaching Elder by whose cōmon direction authoritie ecclesiasticall discipline was practised seeing I say these things are so we affirme that the persons to whom the ministratiō of the discipline of Christ rightlie belongeth are the persons onlie aboue specified and none other And further we say if any spirituall Discipline or power which directlie belongeth vnto the conscience The Discipline of Christ prophaned if the same be ministred by other persons then the holie scriptures doe appoint be ministred in the church by any other persons thē by those persons only that the same discipline is not to be called the discipline but a mere prophanation of the Discipline of Christ For as it is vnlawfull for any person to vsurpe any part of the Bishopps or Pastors office which consisteth in spiritual teaching the word and administring the sacraments so is it also vnlawfull for any person to vsurpe any parte of a Bishopps Pastors or Elders office which consisteth in spirituall rule and gouernment Whervpon it secondlie followeth that the same persons with their functions are not arbitrable ceremoniall rituall and circumstanciall as things indifferent to be altered by the authoritie of the church but perpetuall substanciall essentiall and as it were the verie mayne and fundamentall pillers to vphold stay the house of God from all spirituall sliding and falling downe And therefore from the execution of the discipline of Christ we seclude the persons of all humane Archbishopps humane Bishoppes Suffraganes Archdeacons Chauncelors Commissaries Officials and all Rowland Allens because their persons
by the scriptures it can not bee prooved that there be two seuerall distinct formes of ordinations the one called consecration proper to a Lord Bishoppe for the exercise of Discipline the other called ordination peculiar to a Pastor or teaching Elder for the ministration of the word and Sacraments Wherevnto lastlie If the Lord Bishop haue power to minister discipline by diuine right thē no more can he commit that his power to another thē he can commit the power which hee hath of preaching to another may be added another maine reason that Episcopall power in Englande to minister the discipline can not therfore be of divine institution because if it were of divine institution the Bishoppe could no more surrogate the same his episcopall power to his Suffragane to his Vicar generall or Rouland Allen to minister the censures of Christ in his owne name then he can depute them or any of them to minister the doctrine Sacramentes in his own name But how doth it appeare that the Vicar generall Rowland Allen or any other Presbyter did ever excommunicate by the power or in the name of the Bishoppe For the profe hereof we shall not need to search any other authenticall record then the precept and the practise before intreated of For it is not saide in the precept That the Presbyter being armed with authoritie from Christ but it is sayde that the Presbyter being armed with authoritie from the Bishoppe or Archdeacon shall denounce the sentence of excommunication the practise also of Doctor Hone every way confirmeth as much For therein Doctor Hone doeth not chalēge to be an officer vnto Christ but he sayeth that he is the officiall of the venerable Archdeacō of Surrey and that Maister Rowland Allen Presbyter by vertu of his office doth excommunicate the parties who obeyed not his mandates who made not their appearances before him c. If it be answered that Rowland Allen though he be not an immediate officer from Christ that yet nevertheles he is a mediate officer deputed to his office by an immediate officer vnto Christ vix the Lord Bishoppe or Archdeacon then we replie and say First that the Lord Bishoppe Archdeacon bee neither immediate or mediate officers appointed by Christ to be Ministers of his discipline Secondlie if they were immediate officers from Christ that yet they haue no authoritie by the law of Christ to transferre their right or any part thereof to an other person or to depute an other person in their name or by their authoritie to excommunicate As for these words viz In Dei nomine amen nos Iohānes Hone or nos Roulandus Allen c. sometimes vsed in their scedule of excommunication it is but a prophaning of the holie name of God whereby they make them selues guiltie of the taking of the glorious name of God in vaine And thus much touching both the question and answer whether the discipline of Christ may be ministred by the Bishoppes humane episcopall power yea or no. But now on the other side because no divine censure can lawfullie be executed in the church by that authoritie which is of humane institution if it be aunswered that the Bishop by reason of his pastorall Whether the L. Bishopp by pastorall authoritie may excommunicate a Pastor power which hee is saide to haue over all the Pastours and people of his Diocesse may lawfullie not onlie minister the worde and Sacraments but also the Discipline of Christ vnto them all then it followeth that by a Pastourall power one Pastour may be a Pastour of Pastors which is against the Scriptures and contrarie to the brotherly fellow-like authoritie which is common to all Pastours vnder the sunne and betwene whom touching their Pastourall functions there is to this day by the Scriptures as litle superioritie and as great a paritie as ever there was betwene Apostles and Apostles betwene Prophets and Prophets or betwene Evangelistes and Evāgelistes and as at this day there is betwene Bishops Bishops betwene Archbishops and Archbishops or betwene Patriarckes and Patriarckes yea and as is betweene Earles and Earles Dukes and Dukes Kinges and Kinges Emperours Emperours For no greater superioritie or preheminence hath any one Pastor over the person or function of an other Pastour touching the administratiō of any thing properly belōging Pastoures ouer small flockes are as truely pastors as Pastors ouer great flocks to either of their pastoral functions thē hath one Emperor over the person or function of an other Emperor or one King over the person or functiō of an other King or one Lord Bishop over the person or function of an other Lord Bishop or one Archbishop over the person or functiō of an other Archbishop or then had one Apostle over the person As great paritie betwene Pastors Pastors as between Apostles Apostles or function of an other Apostle Nay then hath one eye over an other eye one hand over an other hand one arme over another arme or one foot over another foote And therefore if touching the functions which Pastors either among them selues haue in common one with the other or which they haue over their flockes there be no disparitie but that the Pastors to whom small flockes are committed doe as reallie and as truelie participate of the nature of true Pastors as those great Pastours doe vpon whose great shoulders great burdens are imposed it behoveth great Pastors to prove vnto vs by the holie Scriptures that by the institution of their great pastorall functions they haue their power so enlarged as that thereby they may preach the Word minister the Sacraments and excommunicate and that on the other side the litle Pastours haue their power by the institution of their petie pastorall offices so streightned as whereby they may onlie preach the Word and administer the Sacramentes but not excommunicate it behooveth I say great Pastors to be able sufficiently to shew vnto vs these thinges out of the holy Scriptures or els it seemeth to stande with reason and equitie deduced from the same Scriptures that a Pastor over a few should haue like power to teach and to governe a few as a great Pastor over manie hath to instruct and to rule many Marie if they think that only great Pastors be true Pastors that great powers spirituall be only true powers spirituall then let them also conclude that onely great Knights be true Knights that only great Dukes bee true Dukes that onely great Kings be true Kings and that only great principalities temporall bee true principalities temporall Which conclusion Not onelie Kinges of great kingdomes but also Kinges of small kingdomes bee true kings if they shall iudge to be conclusionles because King Rehoboam had as large a patent to feede and to command two Tribes as King Solomon his Father had to command and to feede twelue or as the Archbishop of Yorke may suppose him self to haue over nine or tenne Counties as the
Archbishop of Canterburie cā haue over nine thirtie or fortie thē me thinketh it a matter very reasonablie of them to bee confessed that all true Pastors whether they bee great Pastors or litle Pastors may lawfullie exercise all maner of such true power spirituall as vnto true spirituall Pastors by the holie scriptures doeth apperteyne For if Bishops being great Pastours may therefore preach minister the Sacraments because they be as they say true Pastors thē also may litle Pastors therfore excommunicate because they bee as the scripture saith true Bishoppes Wherefore if the L. Bishopp of London by vertue of his Pastorall office as hee thinketh which with his brethren the other Pastors of his Diocesse he hath in commō deriveth vnto him immediatlie from the word of God may lawfullie excōmunicate then the pastorall office which Maister Doctor Androes hath ouer the people of his Parish of St. Gyles without Creeplegate and the pastorall function which Maister Doctor Whyte hath ouer the people of St. Dunstones within Temple-barre beeing as absolutelie as immediatlie deduced vnto them out of the same word what profe can be made out of the worde that the Bishoppe being not Lord Pastour of the Pastours of his Diocesse may lawfullie by the worde excommunicate all maner of offendors both Pastors and people within his Diocesse and yet neuertheles that neither Maister Doctor Androes nor Maister Doctor Whyte by the same worde may excommunicate any one of their Parishioners at all Nay further what reason can there be afforded from the law of God that Maister D. Abbot Deane of Winchester that Ma. Browne Maister Barlowe and diuers other prebendaries in the church of Winchester hauing certeyne parochiall and pastorall churches annexed to his and their Deanrie and Prebendes and Maister D. Grey in his parish by their pastorall functions should haue absolute authoritie vnlesse it bee during the time of the L. Bishoppes trienniall visitation to exercise the discipline of Christ within their seuerall and peculier churches and yet notwithstanding that neyther Maister Richman nor Mai. Burden being both of them graue godlie learned Pastors should haue at any time anie pastorall authoritie to exercise any censure at all And as it is in the church of Winchester so is it in the church of Paules in the church of Salisburie in well nigh all if not in all the Cathedrall Collegiall Churches thoroughout the Realme The Deane Prebendaries and Canons hauing certayne parochiall Churches exempted from the Bishopp within their exempt and peculier iurisdictions by mere Pastorall authoritie for episcopal authoritie by the lawes of the Church haue they none may exercise all maner of spirituall censures and that aswell by their substitutes as by them selues Nay which is more in Cheshire Lancashire Rurall Deanes in Cheshire c. vse some part of episcopall power Yorkeshire Richmondshire and other Northeren parts there be manie whole Deanries exempted from the Bishopps iurisdiction wherein the Deanes and their substitutes haue not onlie the probate of Wills and graunting of administrations but also the cognisance of ecclesiasticall crimes with power to vse the ecclesiasticall censures Yea and this authoritie of the executiō of ecclesiasticall censures haue those Deanes either long since by some papall priviledges Episcopall power to excōmunicate graunted by papall priuiledges or prescribed vse obteyned or els by long vse prescribed against the Bishopps Whereby againe it is clerelie convinced that Episcopall excommunication vsed in the Church of England is not of divine institution but onlie by humane tradition For were it of diuine right then could the same Power to excommunicate if it be of diuine right may not be prescribed no more bee prescribed or by papall immunitie be possessed thē could these Deanes prescribe power or bee enfranchised to preach the word or to administer the Sacramentes These things haue we thus at large more fullie intreated of to the end that the Kings Highnes and his Parleament and all sortes of people might well vnderstand howe it is not altogether an vnvsual and vnaccustomed thing in the Church of England that private inferiour ministers as they call them in their owne right and in their owne parochiall parishes without any authoritie from the Bishoppe should exercise even the highest censure of the Church And that in sundry places of the Realm there is no preeminence in the matter of the execution of the censures attributed to a Bb. aboue a Minister Nay whiche is more then is attributed to a Bb. aboue a No more preheminēce given to a Bb then to a Minister or to a lay man in some places for the vse of excōmunication lay man yea then to such a lay man who is authorized onlie by a lay man to his office Which is evident by the ecclesiasticall iurisdiction and censures exercised a long time by lay men in the peculiar iurisdictions of Newton Gronbie Anstic Soke of Rothelie Evington and other parishes hamlettes in the Countie of Leycester The officers of al which places for their spirituall authoritie having not had any other warrant then such only as hath bin signed sometimes vnder the hande and seale of the right Honorable the Earle of Huntingdon deceased sometimes of the Honorable Sir Henrie Grey knight sometimes of Henrie Skipwith Esquire and sometimes of others For the avoyding therefore of sundrie intollerable inconveniences whiche hitherto hath ensued for want of that authoritie which the Law setled doth enable every Minister with It is most expedient that all humane authoritie in the execution of spirituall censures bee vtterlie taken away and that the divine and Evangelicall censures of Christ bee ministred in every Congregation where learned and godly pastors with discrete Elders may bee had as from the minde of the Lord they were executed in the Apostolicall and primitiue church I had almost forgotten to speake of one common and vsuall kinde of iurisdiction spirituall in the vse of the censures of the church by the Archb. which in cases of their prerogatiue they haue prescribed against the Bb. over the presbyters and people of euery Bishoppes Diocesse and Archdeacons iurisdiction within their provinces of one other cōmon and vsuall kinde of pretensed spirituall iurisdiction and vse of the censures which the Archb. and sometimes the Deane and Chapiter sede Archiepiscopali or sede Episcopali vacante exercise and lastly of that spirituall kinde of iurisdiction censures so called of the Church whiche Suffraganes and Archdeacons haue and do vse As touching which supposed spirituall power both of the Archbishopps Archdeacons because the same their power doth only belong vnto thē iure consuetudinario non scripto by vnwritten and not by written lawe I must conclude against the iurisdiction of the Archbishopps prerogatiue and against the Archdeacons iurisdictiō in all cases as out of St. Cyprian King Henry the eight concluded against the Pope viz That their authorities can not be from Christ Because Christ saide