thinges mooue me neyther is my life deare vnto my selfe that I might fulfill my course with ioye and the ministration of the worde which I haue receyued of the Lorde Iesue to testifie the Gospell of the Grace of GOD. And nowe beholde I am sure that hencefoorth you all thorowe whome I haue gone preaching the kingdome of GOD shall see my face no more Wherefore I take you to recorde this day that I am pure from the blood of all men For I haue spared no labour but haue shewed you all the counsell of GOD. Take heede therefore to your selues and to all the flocke among whome the holy Ghoste hath made you ouerseers to rule the congregation of God which he hath purchased with his blood c. Or else the thirde Chapiter of the first Epistle to Tymothie THis is a true saying If any man desire the office of a Byshop he desireth an honest worke A Byshop therfore must be blameles the husband of one wife diligent sober discreete a keeper of hospitalitie apt to teach not giuē to ouermuch wine no fighter not gredi of filthy lucre but courteous gētle abhorring fighting abhorring couetousnesse one that ruleth well his owne house one that hath children in subiection with all reuerence For if a man cannot rule his owne house howe shall hee care for the Congregation of God Hee may not bee a yong Scholler lest hee swell and fall into the iudgement of the euill speaker Hee must also haue a good report of them whiche are without least he fall into rebuke and snare of the euill speaker After this shal be read for the Gospell a piece of the last Chapiter of Matthewe Fol. 9. pag. 2. THen Iesus came and spake vnto them saying All power is giuen vnto mee in heauen and in earth Goe yee therefore and teach all nations Baptizing them in the Name of the Father and of the Sonne and of the holy Ghoste teachiug them to obserue all thinges whatsoeuer I haue commaunded you And loe I am with you alway euen vnto the ende of the worlde The prayer vsed by the Bisshoppe in the ordering of Ministers Fol. 11. pag. 1 ALmightie God giuer of all good thinges which by thy holy spirite hast appoynted dyuers orders of Ministers in the Churche mercifully beholde these thy seruauntes now called to the office of priesthood and replenish them so with the trueth of thy doctrine and innocencie of life that both by word and good example they may faythfully serue thee in this office to the glory of thy Name profit of the congregation thorow the merites of our sauiour Iesu Christ who lyueth and reygneth with thee and the holy Ghoste worlde without end Amen These prayers and these places of scripture appoynted by the whole consent of the Realme to be made read at the time of making Deacons ministers most strongly prooue that their intent and purpose was to haue such men placed in the office of Deacons and ministers as whom the holy scriptures hath commaunded should be placed as they pray might be placed But suppose that they being not so faithful to the lord as were expedient for them account not the Lordes wayes to be the best wayes his councels not to be the wisest counsels to interpret the meaning of the statute because they are such wayes as wherein the Lordes seruants applie them selues precisely to walke therfore ignominiously are termed Precisians Suppose this I say yea and suppose that they haue preferred their own inuentions and set the consultations of the grauest Senatours and wisest counsellours and chiefest rulers of the lande behinde their backes yet if reason might haue ruled them and their will might haue beene no lawe there was and is an other maner of calling of triall of examination other qualities an other face of the church an other Latine tongue by other positiue lawes required which as partly by sequell of their proceedinges and partly by their owne recordes appeareth was neuer or very seldome vsed by any of them The maner of calling ought to haue beene thus The maner of calling QVANDO EPISCOPVS c. When the Bishop is disposed to make an ordination all they which will come to the holy ministery the fourth day before the ordination are to be called to the Citie togeather with the Elders which ought to present thē And this kind of calling is a solemne publishing the bishops purposes either by some processe openly fixed vpon the doores of the Cathedrall Church or proclaymed Voce Preconis by the voyce of an Apparitor to make the Byshops intent knowen that happely such a day he will make Deacons or ministers and therefore citeth such to be present as will offer themselues meet men for that seruice Which maner of calling is briefly also commaunded by order and forme of the booke of ordayning ministers First when the day appoynted by the Bishop is come c. Fol. 2. p. 2. 27. Article And in the Articles of religion the selfe same is expressed It is not lawfull for any man to take vppon him the office of publike preaching or ministring the Sacramentes in the congregation before he be lawfully called and sent to execute the same In the title Articles for certaine orders in ecclesiasticall pollicie In the aduertisementes likewise you haue these wordes First against the day of giuing orders appoynted the bishop shall giue open monitions to all men to except against such as they know not to be worthy either for life or conuersation The maner of tryall followeth and ought to be after this sort The maner of tryall ET TVNC EPISCOPVS c. And then the bishop ought to choose him ministers and other men skilfull of the law of God exercised in Ecclesiasticall functions who first of all ought diligently to enquire out the life of them that are to be ordayned their kindred their Countrey their age their bringing vp the place where they were borne whether they be learned whether instructed in the lawe of God whether they firmely holde the catholike faith in plaine wordes can vtter the same and they to whom this charge is committed ought to take heed that they do not for fauour or for desire of reward decline from the truth to present any to the handes of the B. either vnworthily or not meet to take holy orders And therfore let them continually three dayes together be examined so on the sabboth in the which they are approoued let them be presented vnto the B. Constitu Otho Sacer. Out of the constitutions of Otho I haue before cited this decree following which may aptly be repeted againe to prooue the hauing of a scrutine to be necessary before the making of ministers as it was there to prooue what qualities were requisite in them Quare cum ninus periculosum sit c. Considering that it is a thing very perrillous to ordayne men vnworthy Idiotes illegitimate irreguler persons vnlearned
If no deceit on the part of the demaÌ„dant haue bene vsed but the thing it self hath in it deceit it is all the self same one case with the former For wheÌ„ so euer any man shal make a demand by vertue of that coÌ„tract in asmuch as he doth demaÌ„d it he doth it by deceit As for exaÌ„ple suppose I haue boght in good faith without collusion of you a peece of Plate for lesse then the one half of the iust value therof as suppose for 8. Pound which was worth 20. po afterwards I couenaÌ„t with you simply you promise to deliuer me the same plate in this case if I sue you for the deliuery of the plate you may vse an exception of guile against me because I deal deceitfully in demaÌ„ding the performance of a coÌ„tract which in it self coÌ„teineth iniquity For this coÌ„tract it self is against the equity of lawe prouiding that a man should not be so vnprouident in selling his goods as to sel theÌ„ vnder the one half of the iust value And therfore in this coÌ„tract being against law appeareth a manifest iniquity because the plate being worth 20. Pounds was solde by you for 8. Pound a lesse sum then 10. pound halfe of the iust price and therefore in it selfe by law without equitie and therefore neither to be demaunded by me neither to be performed by you And to make this more playne and so to apply it to my purpose bona fides good Fayth in this contract ought to be in this sort You for your part and I for my part and we both ought in trueth to think and bee of opinion that you haue interest right in the plate and so power to alienate and to sell it vnto me And therefore concerning the contract made betweene the Byshop and the party because the Byshop oftentimes knoweth the partie that is to be made a minister by him to be a man altogether vnlearned vnfit and vnapt to execute his ministerie duely and therefore cannot thinke him to be a man quallified as were requisite And because the partie that is to be made a minister knoweth himselfe vtterly voide of those graces and gyftes which ought to be in him and therefore cannot beleeue him selfe to bee truely called or mooued to that office by the holy ghost And because they both know that there hath bene no such calling no such tryall no such examination no such presentation c. As by the forme and order of the booke shoulde be I say therefore that good fayth wanting on both partes this contract made coulourably betweene them is meerely voyde and the one not bounde by lawe to the other to the perfourmance of the same therfore much lesse the common wealth or the Church of Christ to tollerate their conspiracie or to bear with their collusioÌ„ ff de Liber causa l. si pariter Extrauag de regni iure c. non est Extrauag co Non debet alterius collusione aut inertia alterius ius corruÌ„pi No maÌ„s right oght to be impayred by collusion or slouth of another Fraus dolus nemini patrocinari debet deceit guyle ought not to patronage any And therefore sithence Non est obligatorium contra bonos more 's iuramentum An othe made against good manners is not obligatorie and that Nemo potest ad impossibile obligari No man can be bound to a thing impossible and that Impossibilium nulla est obligatio of things impossible there is no band ff de reg in l. impossibilum Extra de reg nu in malis And that In malis promissis fidem non expedit obsernari It is not expedient that Fayth be kept in wicked promises I conclude that the impossibility or iniquitie of condicions to be perfourmed by him that is made a Minister make the contract betweene the Byshop and him meerely voide and of none effect in Lawe The impossibilitie of the contract made betweene the Bish â—nd the minister cause that the contract is voyde And that the Byshoppe according to the true intent and meaning of the Lawes whereof he hath the execution ought to cite and Ex officio to proceede and obiecte agaynst him in this sort You A. B. Parson of C. about twentie foure yeeres passed at what time I had appoynted a solemne day for making of Deacons and Ministers had called by my Mandat men meete to serue the Lorde in his holy seruices to teach his people and to be examples to his flocke in honest life and godly conuersation came before me making a great bragge and fayre shewe of zeale and conscience and of your knowledge in the holy Scriptures and that you woulde instruct them faythfully and exhort them diligently in the doctrine of Saluation by Christ in holinesse of life that you would exercise his Discipline according to his commaundement and that you woulde bee a peacemaker And all these thinges you faythfully promised and tooke vpon you to performe ioyning your selfe openly to the Lordes people in prayer with a solemne vowe Nowe so it is as I vnderstand by your demeanor euer since that in trueth you had no other ende but to steale a liuing from the Church though it were with the murther of many soules You dishonored the Lorde you made an open lye in his holy Congregation you circumuented mee by guyle and by crafte deluded me you haue euer since falsifyed your worde You haue not preached one Sermon these many yeeres you haue not instructed one of your parrishe in the doctrine of Saluation by Christ alone you haue not gouerned your familie as became one of your coate you haue not exercised the Discipline of Christ against any adulterer any swearer any drunkarde anye breaker of the Lordes Sabbothes you haue beene and are a quarreller among your neyghbours you cite them to my consistorie for toyes and tryfles and so abuse my iudgement seate you are an example of euill and not of goodnes vnto your flocke you ment no good faith at the firste you wittingly tooke vpon you a charge which in your owne conscience you knewe was impossible for you to discharge you prophaned the Lords most sacred name in praying hypocritically before him you haue not since repented you of these iniquities but haue continued obstinate in the same and therefore in as much as you for your part without any good conscience haue gotten you a place in the ministerie I for my part mooned by a good conscience and for the same my conscience sake to discharge my duetie to the Lorde haue summoned you publikely lawfully and rightly to disposse you of that place and depose you from that function whereof though publikely yet vnlawfully and vnrightly you are possessed neyther ought you or any other to thinke me rashe light or vnconstant in so doing For I tell you playne that herein I will both saye and doe that thing which the noble and wise Emperour sometimes both sayd and did in a
precisely dissalowed cannot by the secōd branch of the same be generally approoued For how can one the self same law forbid and comand things so contrary and repugnant in themselues Or how can the Archbishop safely ground his iurisdiction vppon a lawe so contrary and repugnaunt vnto it selfe If the Archbyshop shall think that these two braunches may be reconciled that the meaning of the former maye and ought simply to be vnderstood as the words them selues import and that the second braunch may and ought to be vnderstoode to bound and limite such an authoritie to him selfe as whereby he might graunt such licenses as were had and obtayned at that time at the sea of Rome for matters not contrary or repugnant to the law of God yet neither by this interpretation is the Archbishop truely intituled vnto any authoritie therby to dispence for symony nonresidence many benefices marriages in Lent c. in as much as such maner of licenses obtayned at that time at the sea of Rome were obtayned for matters repugnaunt vnto the law of God and contrary to the truth of the doctrine of the Gospell and so by this statute flatly forbidden Which thinges our auncestors not thoroughly foreseeing neither duely examining for what maner of causes or matters licenses were at that time obtayned at the sea of Rome but onely in a generallitie inhibiting thinges repugnaunt vnto the law of God and neuer particularly describing what those things were but leauing the same wholy to the iudgement and discretion of one man the Archbishop alone haue fallen into two palpable absurdities the one that one man alone hath from time to time authoritie by his discretion to determine what causes are repugnaunt to the holy scriptures and lawes of God what causes matters are conuenient for the honour and safety of the King of England and what are necessary to be had for the wealth and profite of the realme three thinges of such waight and importaunce as the whole body of the realme at that time was scarceable to conceiue much lesse shall euer any one Archbish be able to practize The other absurditie is this viz. that by this statute soueraignity is giuen to the Archbishop and his successors to dispence with the king and his successors kinges and Queenes of Englande The wordes of the statute are plaine and euident But what reason is there for kinges and queenes of England to become wardes and pupils vnto an Archbishop of England Or howe agreeth it with the worde of God that a Christian king should in any sort be in subiection vnto his owne vassall Or what christian subiect dareth attempt to offer vnto his Christian soueraigne a tolleration For in case the matter of the sayde tolleration be pretended to concerne the conscience then if the matter be free and lawfull by the law of God a Christian king may as well and as freely vse the liberty of his conscience with out licence from his subiect as his subiect maye vse his freedome without dispensation from the king If it be contrary to the lawe of God then may neither a christian king neither a Christian subiecte be dispenced with For what man can dispence with the Lawe of God And in case the matter of dispensation concerne any thing appertayning vnto this life how then should the king receiue a dispensation from the Archbishop without impeaching his kingly dignitie and prerogatiue For either he must bee dispenced with for breach of the positiue Lawe of this lande and haue the payne of Lawe remitted him by the Archbishop which were to set the Archbishops keyes aboue the Kinges armes Or els he muste purchase a dispensation that he may breake his Lawe which were against his honour and safety For saith the Emperour Digna vox est maiestate regnantis legibus alligatum se principem profiteri C. De le cōstit princ l. digna It is a worde worthy the maiestie of a ruler to acknowledge himselfe as chiefe tyed vnto the lawes Moreouer this case between the king and the Archbishop is farre different from the case betweene the king and his Iustices at lawe determining matters according to the common lawes and customes of the Realme betweene the king and his subiectes For they remayne still the kinges vnderlinges and in deed giue but the kinges iudgements they iudge not the kinges person neither commeth any thing touching his person before them But dispensations from the Archbishop to the king concerne the kinges owne person The king in his royall person or by his proctor muste appeare in the Archbishops consistory he must alleage before the Archbishop sufficient matter whervpon the Archbishop but a subiect may be mooued to dispence with the King his soueraigne and finally the Kinges wisedome muste be subiected to the Archbishops discretion And therefore to confirme the Minor proposition of my third syllogisme I conclude 1 Whatsoeuer is dishonourable and dangerous for hir highnesse person the same can not be conuenient for hir honour and safetie 2 But it is dishonourable and daungerous to haue the Archbishop to dispence with hir highnesse 3 Therefore the same is not conuenient c. WHich reason also maye as well be applied to disprooue the vnlawfulnes of the Archbishops dispensations granted vnto any of hir highnes subiectes as vnto hir highnesse owne person in as much as hir kingly prerogatiue and supreame gouernment in matters lawful by the holy scriptures is therby impeached The Arch. iurisdictiō only aduanced the surety of hir royal person peace of the cōmō weal il prouided for Againe sithence euery one of sound iudgement vnderstandeth the honour and safety of hir highnesse person onely and wholly to consist in the protection and safegarde of our most mighty and most gratious God and that nothing can bee so honourable and safe for hir highnesse as humbly and reuerently to attend and to submit hir selfe to the scepter of his word the execution of this statute by the Archbishop can not be but most inconuenient and perillous for hir highnes person in as much as partly through a corrupt construction partly by a synister iudgement not rightly discerning what thinges are repugnant to the word of God the sayde Archbishop dispenseth in causes and matters contrary and repugnaunt to the holy scriptures which causeth the name of God to be euill spoken of and is a dishonour vnto God and therefore no honour nor safety vnto hir highnes person And therfore hir highnes is humbly to be intreated to take the entier dominion and whole soueraignty due vnto hir by the word of God into hir owne handes and not anye longer to suffer such a blemishe to remayne in hir gouenement Had hir highnesse moste noble Father vnderstoode his kingly person to haue vndergone the Censorship of his subiect no doubt he wold as couragiously haue fought against an Archb. as he did against an Abbot Pouerty of the person no cause for a dispensatiō As
quo deponit As the quality of a Witnes is then to be considered when he is deposed Agayne Quando quaeritur de aetate quae est talis quae reddit personam inhabilem adiudicium exercendum Bene potest de hoc quaeri ante omne iudicium WheÌ„ there is any Question of such an age as maketh any person vnable to exercise iudgement this ought very well to be enquired of before all iudgement In like manner I say considering certayne capablenesse special ability by vertue of diuers qualities wherwith ministers ought to be indued is necessarily required to be in theÌ„ at the time of their ordering that therfore by law they ought not to be ordeined vnlesse the said qualities be founde in them at the time of ordering if any other preposterous order be vsed that therefore the whole actions are void frustrate For where by disposition of lawe a certain forme prescript order is limitted ther if any in uersioÌ„ or preposteration be vsed al is clean marred And why because you follow not the direction of your Letters patents you exceed the bounds of your commission passe the limits of your iurisdiction the Lawe making you adiudge to do that that after that and that manner You make your selfe no iudge by doing after your own fancy thus thus after this this manner without any coÌ„mission And where you were by a publike coÌ„sent of a publike magistrate made a publike person to execute a publike law you make yourself a priuat person by putting in practise a priuate deuise ff de recept arb l. non distinguendum §. de officio Non ergo arbiter quod libet statuere poterit nec in quaere libet nisi de qua compromissum est quatenus compromissum est Therefore an Arbiter cannot determine euery thing as he wil nor in what thing he wil but onely that thing whereof the compromise is made according to the forme of the coÌ„promise ff Si a non competeti iud l. 1. Iudex ad certuÌ„ reÌ„ datus si de aliis pronunciauit quaÌ„ quod ad eam rem pertinet nihil egit A iudge apointed to one special matter if he pronounceth any thing impertineÌ„t to the same he hath lost his labor ff de procurat l maritus Maritus id solum exequi debet quod procuratio emissa praescripsit A husbaÌ„d that is proctor for his Wife ought onely to execute that that his proxy prescribeth And the reason is this A learned Ministery commanded by the Ciuil Lawe Fines mandati sunt diligenter obseruandi The bouÌ„ds of a coÌ„mandement ar diligeÌ„tly to be kept Neither are the imperyal laws barren voide of the like holy functions but exhibit vnto vs the self same prouisions as before namely that men holy and religious men furnished with the best gifts graces shoulde be preferred to the sacred ministery Cod. de epis cler L si quoniam Nemo gradâ—… sacerdotis venalitate pretii mercetur quantum quisque meretur non quantum dare sufficit estimetur Let no man make marchaundize or buy the degree of a minister euery one ought to be esteemed by his merites not by his money Againe Authent De Sanctis episcop §. clericos coll nona CLERICOS AVTEM c. We doe not otherwise suffer Clearkes to be ordayned vnlesse they be learned haue a right faith and an honest life But if holy rules shal forbid those which are chosen by others as vnworthy to be ordayned then let the most holy Bishop procure to ordayne whomsoeuer he shall thinke meetest Note that by ciuil law a Bysh may not ordeine a minister vnlesse the people chuse an vnworthy man And thus common lawe prouinciall law ciuill lawe and statute lawe for our statute lawes haue ratified these lawes pronounce all with one voyce and one consent that our dumb and silent Curates and stipendaries haue no approbation or allowance no fauour or intertainment from them or by their authority Why What shall we say then or how are they allowed then I will tell you Certayne peruerse conceited and selfeweaning men soothing them selues and fostering their dotages and fonde affectious errours with these rules of law Non requiritur summa perfectio and that Sufficit mediocris scientia A perfect knowledge is not required and a meane knowledge is sufficient ff De aedil edict le Sciend § Illud le Si quis venditor Ex. cap. cum Nobis olim de elect Imagine these our Sir Iohns the very Asses of our schooles hauing approbation from some Bishop by whom they haue been tryed and examined to haue as they terme it Competentem quamuis non eminentem scientiam competent Though not eminent knowledge may notwithstanding the former prouisions lawfully take themselues for true ministers and be reputed by others for lawfull possessours in and to those places wherevnto they are admitted Answere to the obiectioÌ„ of a competent knowledge Whereunto I aunswere that the ignoraunce of these termes and wordes of law Namely Summa perfectio mediocris competens scientia Is the grouÌ„d of this errour And therefore it resteth briefly to vew what maner of learning and knowledge by iustice and equity of law may be and is reputed meane competent and sufficient for him that shall take vpon him a pastoral charge wherein also if our bare mumbling ministers shall be found culpable they are then by definitiue sentence on the part and behoofe of the law not onely to be adiudged guilty of voluntary intrusion into the right and possession of others but also to be punished for taking vpon them offices without any lawful calling IGNORANTIA MATER c. Ignoraunce the mother of errours is specially to be auoyded in the Ministers of God which haue taken vpon them the office to teach amongest the people of God Let the ministers therefore be warned to read the holy scriptures Paule the Apostle willing Timothie to attende to reading to exhortation of doctrine and alwayes to abide in them Let the ministers therefore know the holy scriptures let all their labour consist in preaching and doctrine let them edifie as well in knowledge of faith as examples of good workes The Ministers must know the Scriptures and preach Out of which chapiter these conclusions may be gathered First that ignoraunce of the word of God is especially to be auoyded of euery minister as before Secondly with what knowledge euery minister ought to be qualified 1 A teacher of Gods word must especially auoid ignoraunce 2 But a minister is a teacher 3 Therefore a minister must especially auoyde ignonoraunce Neither is here small store of little knowledge such as wherewith our reading ministers are furnished but such whereof expresse mention is made in this decree and may necessarily be concluded thus 1 Whosoeuer taketh vppon him the office of a teacher amongst the people of God ought alwayes to
them not with his manners and examples for that Diluere aliena peccata non valet is quem propria deuastant Hee cannot put away other mens sinnes whom his owne Sinnes deuour And againe Pericutosum est decentiae ecclesiae in scandalo populari It is dangerous for the Decencie of the Church to be in any publique slaunder or offence 83. distinc nihil Agayne Malus praelatus dicitur lupus rapiens praedam An euil prelate is sayde to be a Wolfe rauening his Praie 2. q. 7. Qui nec He is sayde to be Canis impudicus propter defectum regiminis A shamelesse dog for want of gouernment 2. q. 7. Non omnis He is sayde to be Coruus propter peccatorum nigredinem As black as a Rauen for the foulenes of his sinnes He is saide to be Sal infatuatus ad nihilum proficiens Vnsauory Salt profitable for nothing 40. dist In mandatis Glos lind de offic Archipres c. fin v. canss He is sayde to be Porcus A Swyne He is sayde to be Capo A Capon because as a Capon can not Crowe no more can a dumb Praelate preach And to conclude Praelatus qui in doctrina mutus est non est verè praelatus cum officium praelati non exerceat c. A Prelate which is mute in teaching is not in trueth a Prelate in so much as he exerciseth not the office of a Prelate These Canons constitutions not contrariant or repugnant to the lawes statutes or customes of this realme neither derogatory to her hignesse crowne and dignity â—…d therfore authorized by act of Parliament ought to haue beene better knowne and better executed by our chiefe Prelates then by the space of these 25. yeares they seeme generally to haue been But yet besides these former decrees lawes and ordinaunces and the seuerall reasons principles and maximes whervpon they were first grounded there remayneth somewhat more behind diligeÌ„tly to be coÌ„sidered the which thing the more earnestly euery man shal rightly weigh the more may he be astonished A thing don in Israell at the doing whereof it is a wonder that the eares of the hearers tingle not and the very hayre of the heades of the standers by stare not for feare least the Lorde in his righteous iudgement should execute his terrible vengeaunce vpon them Thus standeth the case some pastorall church or churches being destitute of a Pastour or Pastours to feed the people a solemne assembly and conuocation of the chiefest of the gouernours of the church must be gathered togeather and that not in an angle of a poore country Village but in the chiefest city of the Diocesse that not on a workday but either on the Lordes day or on some other of their own festiuall dayes and that for no small matters or to no small purpose but euen to present and offer vnto the Lorde an holy sacrifice and to call vpon his most holy name To present I say vnto the Lord a present meet and acceptable for his maiestie euen men meet to serue him in his spirituall warres and to be Pastours to feede his people with spirituall food of his holy word men meet to take vppon them the most highest and most noblest callinges that he hath appointed to the sonnes of men the office and dignitie of the preaching of his holy gospell This I say is the action wherof deliberate consideration is to be had and whereof followeth a discourse and wherin when all is done as it is imagined that can be done yet in truth there is nothing so nor so done they doe but flatter them selues bleare the 〈◊〉 of others and which is most execrable as it were mock and delude the Lorde to his face Well then let vs consider what is done herein In the time of that vertuous king Edwarde the sixt an order and forme was appoynted by act of Parliament for consecrating Archbishops and bishops and for the making of Priestes Deacons and Ministers Which statute is reuiued and the same order and forme approoued in the eight yeare of hir most excellencies raigne The wordes of the statute are these And that such order and form for the consecrating of Archbishops and Bishops and for the making of Priestes Deacons and Ministers as was set foorth in the time of the sayde late King and authorized by Parliament in the fifth and sixth yeare of the sayde late King shall stande and be in full force and effecte and shall from hence foorth be vsed and obserued in all places within this Realme and other the Queenes maiesties dominions and countreis The title of the booke is this Ordering of Deacons The forme and maner of making and consecrating Bishops Priestes and Deacons And first to intreat of Deacons according to the forme of the booke you shall vnderstande that in the order and forme of making Deacons three thinges principally are to be obserued First the qualities requisite to be in him that is to be made a Deacon Secondly the circumstaunces in making him a Deacon And thirdly the proper duetie and office belonging to him that is made a Deacon Touching his qualities they must be such as were requisite for the same First he must be a man of vertuous conuersation and without cryme Secondly he must be learned in the Latine tongue Thirdly he must be sufficiently instructed in the holy scriptures Fourthly he must be a man meete to exercise his ministerie duely Fifthly he must beleeue all the Canonicall scriptures Sixthly he must be diligent in his calling Seuenthly he must be inwardly mooued to that office by the holy Ghost And as touching the circumstaunces First he must be called Secondly tryed Thirdly examined Fourthly he must be twentie one yeares of age at the least he must be presented by the Archdeacon or his deputie Fifthly he must be made on a Sunday or holy day Sixthly he must be made openly in the face of the Church where must be an exhortation made declaring the dutie and office as well of the Deacons towardes the people as of the people towardes the Deacons Lastly touching the office committed vnto him it is First to assist the minister in deuine seruice Secondly to reade holy scriptures and Homilies in the congregation Thirdly to instruct the youth in the Catechisme â—ourthly to search for the sicke poore and impotent of the parrish and to intimate their estates names and places to the Curate that they may be relieued by conuenient almes The forme of ordering Priestes COncerning the making of Ministers not onely all those things before mentioned in the making of Deacons but other circumstances and solemnities are required also these demaundes and answers following must be made and giuen Bishop Doe you thinke in your heart that you be truely called according to the will of our Lord Iesus Christe and the order of this church of England Answere I thinke it Bishop Be you perswaded that the holy scriptures contayne sufficiently all doctrine required of necessitie
for eternall saluation through faith in Iesu Christ And are you determined with the sayd scriptures to instruct the people committed to your charge and to teach nothing as required of necessity to eternall saluation but that you shall be perswaded may be concluded and prooued by the scripture Answere I am so perswaded and haue so determined by Gods grace Bishop Will you giue your faithfull diligence alwayes to minister the doctrine and sacraments and the discipline of Christ as the Lord hath commanded and as this realme hath receiued the same according to the commaundements of God so that you may teach the people committed to your care and charge with all diligence to keepe and obserue the same Answere I will In these two aunsweres and demaundes last specified are principally contayned two things First the Minister chargeth himselfe by a solemne vow to teache and instruct the people committed to his charge with the doctrine of holy scriptures The Discipline of Christ commaunded by Parliament Secondly the Bishop by vertue of the order and forme appointed by act of Parliament bindeth him as well to minister the Discipline of Christ within his cure as the doctrine sacraments of Christe as the Lorde hath commaunded and as this realme hath receiued it according to the commandements of God And therefore euery Minister by vertue of this statute law may as well admonish denounce and excommunicate offendours within his charge as a Byshop may within his Diocesse the wordes are copulatiues and therfore Non sufficit alterum sed oportet vtrumque fieri It is not sufficient to do one but both And these wordes before rehearsed Will you giue your faithfull diligence alwayes to Minister the Doctrine and Sacramentes and Discipline of Christe as the Lorde hath commaunded and as this Realme hath receyued the same according to the commandements of God haue in them two speciall points to be considered one touching the doctrine and sacraments of Christ the other concerning the discipline of Christe out of which two braunches proceed two other questions First whether euery minister ought not to exercise the Discipline of Christ by force of this demaunde and aunswere as well as the doctrine sacraments Secondly whether these namely the doctrine sacramentes and the discipline be to be ministred simply as the Lord hath commaunded or els whether they be to be ministred onely as this realme hath receiued the same without the commaundement of God For these wordes according to the commandements of God are but Synonima vnto those which went before Viz. as the Lord hath commanded and so signifie both but one thing To the first his owne promise to the Byshoppes interrogatorie bindeeth him as well to minister the Discipline as the doctrine and Sacramentes To the seconde if you aunswere that the doctrine and Sacramentes and Discipline of Christ are simplie to be ministred as the Lorde hath commaunded then it must needes followe if this Realme hath receyued the same according to the commaundement of God that the law of the Realme and the Lawe of God commaunde both one thing and so by both Lawes the doctrine and Sacramentes and Discipline are to bee ministred as the Lorde hath commaunded But if you shall saye that these thinges are to bee ministred onely as this Realme hath receyued the same though not according to the commaundement of God then these wordes of the Article following viz. As this Realme hath receyued the same according to the commaundement of God conuinceth you of a slaunderous tongue agaynst the whole state and Churche of God For hereby you accuse them of great impietie and vngodlinesse and attaynt them of high Treason to the Maiestie of God as though the intent of the whole state were to haue the Doctrine and Sacramente and Discipline of Christe ministred according to the commaundements of God in case the Lawes of the Realme had so receyued the same and not otherwise And so to haue restrayned the commaundementes of God by the Lawes of the Realme and so to haue concluded an impossibilitie limiting and restrayning the greater by the lesse and a Lawe most perfecte by a Lawe vnperfecte and not rather the contrarie to haue restrayned in deede the lesse by the greater the Lawes of the Realme by the commaundementes of God an vnperfecte Law the Lawe of man by a most perfecte and absolute Lawe the Lawe of the most Highest whiche is manifest by a threefolde repetition of the one as the Discipline of CHRISTE Secondly as the Lord commaunded Thirdly according to the commaundement of God where the Laws of the Realm are but once onely mentioned Again in the ordering of Archbishops and Bishops the Archbishopp demaundeth of the Bishop this question Will you maintain set forwarde as much as shall lye in you quietnes peace and loue amongest all men and such as be vnquiet disobebedient and cryminous within your Diocesse correct and punnishe according to such authoritie as yee haue by Gods worde and as to you shall bee committed by the ordinaunce of this Realme Doe these wordes and as to you shal be committed by the ordinaunce of the Realme restrayne and lymitte these wordes which went before to correcte and to punnishe according to suche Authoritie as yee haue by Gods worde Surely they can haue no such interpretation For the meaning of these wordes is that euery Byshoppe shoulde by the ordinauuce of the Realme haue his office committed vnto him and once hauing his office so committed vnto him by the ordinaunce of the Realm then to correcte and punnishe according to suche authoritie as hee hath committed vnto him by Gods worde and as he is appoynted by the ordinaunce of the Realme to execute Neyther hath the Bishoppe any authoritie giuen him by these wordes to correct or punnishe any otherwise then the Lawes of GOD permitte him though the Lawes of the Realme were not agreeable to the Lawe of GOD. And in like case I conclude that a minister bounde as you haue seene before to minister the Discipline of Christe ought so too minister the same as the Lorde hath commaunded though the Lawes of the realm shold not haue receiued the same For no discipline in truth cā be said to be the discipline of Christ vnlesse it be in deed ministred as the Lorde Christ hath commaunded the same should be ministred And therfore as no bishop may or ought to correct or punish any transgressour any otherwise then according to the lawes of God so no minister ought to exercise any discipline then such as the Lord Christ hath commanded If it be alleadged that our discipline vsed in the church of Englande be in very deede the very same discipline which the Lorde Christ hath commaunded which is vtterly vntrue as appeareth First and principally by the word of god Secondly by the discourses writtē betweene the learned on that behalfe Thirdly by the discipline practized by all the reformed churches and lastly by maister Nowell his Catechisme
commaunded generally by the bishop to be taught vnto the youth of the realme in all schooles of their Diocesse yet notwithstanding the minister contrary to a vowe made by him at the commaundement of his Ordinarie appoynted thervnto by lawe is very iniuriously dealt with for that he is not permitted to exercise any discipline at al our Bishops and Archdeacons challenging vnto themselues a principal prerogatiue to punish al malefactors within their seuerall iurisdictions An other reason that this statute hath appoynted as well the discipline of Christ as the doctrine and sacramentes to be ministred as the Lord commaunded onely and none otherwyse is this namely for that this statute was made to refourme as well the disordered discipline vsed in the time of popery amongst the popish idolatrous Priestes as it was to reprooue their false doctrine and prophanation of the sacraments so that neither the one neither the other should be ministred by the ministers of the Gospell for otherwise this branch of the statute should ordayne nothing so contrary to the nature of a Law be Lex absurda an absurd Law And therfore what open wrong intollerable iniury is offered the Saintes of God loyal subiects to her Maiestie calling for discipline at the cheefe Prelates handes commaunded by the Lord and in trueth established by the Lawes of her highnesse Empire euery indifferent man may easily discerne It followeth in the Booke of making of Ministers Bishop Will you be diligent to frame and fashion your owne selues and your Families according to the Doctrine of Christe and to make both your selues and them as much as in you lyeth wholesome examples and spectacles of the flock of Christ Answere I will Byshop Will you maintain and set forwards as much as lieth in you quietnesse peace and loue amongst all Christian people and specially amongst them that are or shall be committed to your charge Answere I will In the end when hee layeth on his handes he sayth to euery one Be thou a faithfull Dispenser of the worde of God and of his holy Sacraments And againe Take thou authority to preach the word of god and to minister the holy Sacramentes Which action and Speeches of the Bishop are to bee well wayed and considered The words which the Byshop pronounceth Be thou a Faithful dispēser c. Take thou authority to preach are wordes appoynted him by the whole State to bee pronounced What was it trowe you the meaning of all the States and Nobles of the Realme or was it our most excellent Soueraigne the Queenes Highnesse her pleasure to haue enacted by Parliament that a Byshop should commaund an Apothecarie not exercised at all in holy scriptures and altogeather vnable to teache to bee notwithstanding a faythfull dispensor of the worde of God and to take authoritie to preache No no they verie well knew that the outward sound of the bishoppes wordes in the eares of such a man coulde not worke any inwarde grace or giue any inwarde vertue to the perfourmaunce of so high a calling or of so holy a function And therefore as it becommeth a true and loyall subiect I dare not for my part so dishonourablye conceyue of their wisedomes much lesse I take it shoulde the Bishop so disloyallye abuse their credite and authoritie Was their intente and purpose trowe you that the bishop by these his demaundes and the minister by these his aunsweres shoulde not bynde the minister him selfe to perfourme by him selfe this duetie to preach but that the same should be done by a thirde personne I trowe no. For my maisters and Doctors of the Canon and Ciuile Lawe Burgesses in the house of Parliament know Institu de invtili stipu § si quis that Promssio facti alieni mutilis est quod si testator iusserit aliquem in certum locum abire vel liberalibus studiis imbui vel domum suis manibus extruere vel pingere vel vxorem ducere per alium id facere non potest quia haec omnia testatoris voluntas in ipsius solius persona intelligitur conclusisse A promise made of an other mans fact is vnprofitable and that if a Testator shall will any to goe to a certayne place or to be furnished with the liberall Sciences or to buylde an house or to paynt a Table with his owne handes or to marry a Wyfe that he can not doe any of these thinges by an other man because the will of the Testator hath concluded all these thinges onely in his owne person Was their meaning that the bishop pronouncing these wordes Be thou a dispensor was their meaning I saye by those wordes to haue the bishop committe the office of reading Homilies to a minister or to iudge reading of Homilies to be preaching No no Their proceedinges appeare to bee of greater wisedome knowledge iudgement discretion and Godlinesse They appoynted by the same their consultation three kindes of offices to bee in the Church Deacons Ministers and Bishoppes appoynting seuerally to euery officer his seuerall duetyes and hath expresly appoynted reading Homilies to bee the office of a Deacon For in the ordering of Deacons the Bishoppe by vertue of the Statute pronounceth these wordes vnto the Deacon It pertayneth to the office of a Deacon in the church where he shall be appoynted to assiste the Priest in deuine seruice and speciallye when hee ministereth the holye Communion and to helpe him in the distribution thereof and to reade holye scriptures and Homilies in the congregation c. I take it and holde it for a principle that the Bishop hath no authoritie by his Lordship to alter or transforme an Act of Parliament and therefore I take it that I maye safelye conclude without offence to his Lordshippe that he can not by lawe appoynt anye minister to reade anye Homilies in anye Church Statute lawe is Stricti Iuris and maye not be extended What will you then by lawe positiue barre reading of Homilies in the Churche No. But I woulde haue the Lawe positiue obserued and so barre reading of Homilies from a Minister because the Lawe positiue hath appoynted that office to a Deacon For it is not lawefull for one priuate man and fellowe seruaunt to transpose from his fellowe seruaunt an office committed vnto him by publike authoritie And it is verily to be thought the bishop him selfe will challenge as much vnto him selfe by this statute from the minister and plainly tell him that by this statute he alone hath authoritie to make Deacons and ministers and to gouerne them and that therefore it beseemeth not a minister to be ordered otherwise then according to the forme of the booke no otherwise to preach then as he shall be licensed therevnto by him the Bishop As touching the iniunctions the aduertisments and the articles of religion wherein mention is made sometimes that Parsons Vicars and Curates somtimes that the minister shall reade Homilies they may easely be reconciled by this statute For the iniunctions
set foorth primo Elizabeth the aduertisementes and articles set foorth septimo Elizabeth and this statute being made 8. Elizabeth and so since doth bounde and limit the meaning of the iniunctions and aduertisementes For whereas before the names were vsed in them confusedly this statute doth aptly distinguish them applying properly euery proper office to his proper officer and bringing those names before recited vnto two principal heades For though there be parsons Vicars Curates ministers generally in the Church of whom mention is made in the iniunctions articles and aduertisementes Yet these and euery one of these must by this statute be either a Deacon or a minister specially And beeing a Deacon he ought to execute the office of a Deacon and being a minister the office of a minister by this statute and so a Deacon if he be a Parson vicar or Curate he must execute the office of a Deacon onely that is he must read the scriptures and Homilies by this statute Likewise a minister if he be a Parson Vicar or Curate he must minister the doctrine and sacraments and discipline of Christ he must be a dispensor of the word of God and he must preach onely and yet in saying that he must preach onely I do not exclude him from doing those other dutyes Sine quibus illud fieri non potest Without the which he cānot preach as frō reading the scriptures and praying with the people but I exclude him from those thinges onely which are not incident to his office as from reading of Homilies for he may preach and neuer read Homilies but he can not preach profitablie vnlesse he reade the scriptures and vse prayer What will you then by law positiue barre all ministers that be Parsons Vicars or Curates and yet can not preach from reading Homilies I aunswere that whether they can preach or can not preach Currat lex Let the law runne and let him that hath defiled his handes by laying them vppon such a one contrary to the commaundement of the Lorde and contrary to the lawes of his gouernour vnder whom he liueth and by whom he hath his preferment holde vp his guyltie handes vnto the Lorde for mercy in the day of the Lord and fall downe before hir highnesse for hir gratious pardon in so abusing hir highnesse lawes And to the ende you may see more apparauntly these two offices by the lawe it selfe to be thus distinguished I haue set downe the Bi. wordes pronounced by vertue of the statute vnto the ministers as followeth You haue hearde brethren as well in your priuate examination as in the exhortation and in the holy lessons taken out of the Gospell out of the wrytinges of the Apostles of what dignitie and of how great importaunce this office is whervnto yee be called and moreouer exhort you in the name of our Lord Iesus Christ to haue in remembraunce into how high a dignitie and to how chargeable an office yee be called that is to saye to be the messengers the watchmen the Pastours and the stewardes of the Lorde to teach to premonish to feede and prouide for the Lordes familie to seeke for Christ his sheepe that be dispersed abroade and for his children which be in the middest of this nuaghty worlde to be saued thorow Christ for euer haue alwayes therefore printed in your remembraunce how great a treasury is committed to your charge for they be the sheepe of Christe which he bought with his death and for whom he shed his bloud the Church and congregation whom you must serue is his spouse and his body and if ye shall see the same Church or any member thereof to take anye hurt or hinderauuce by reason of your negligence yee know the greatnesse of your faulte and also of the horrible punnishment which will ensue Wherefore consider with your selues the ende of your ministerie towardes the children of GOD towarde the spouse and bodie of Christe and see that yee neuer cease your labour your care and diligence vntill you haue done all that lyeth in you according to your bounden duetie to bring all such as are or shall bee committed to your charge vnto that agreement in faith and knowledge of GOD and to that ripenesse and perfectnesse of age in Christe that there be no place left among them either for errour in religion or for viciousnesse in life As here you see the whole summe of the office of a Minister recited by Act of Parliament and pronounced by the Bishoppe So in the whole action of ordering Ministers both the bishops interrogatories and the parties aunsweres and all tende to admonishe the Minister still of his duetie in teaching and instructyng the people and in preaching Where the whole action of ordering Deacons tendeth to admonishe the Deacon of his office in reading As thus Will you diligently reade the same vnto the people assembled in the Church where you shall be appoynted to serue Answere I will And againe It pertaineth to the office of a Deacon to read holy scriptures and Homilies in the congregation And againe take thou authoritie to execute the office of a Deacon in the Churche of God and take thou authoritie to reade the Gospell in the Church of God And thē one of them appoynted by the Bishop shall reade the Gospell of that day And no doubt the whole house of Parliament had a singular care to haue these offices distinguished by their lawe euen as they are distinguished by the lawe of Christe him felfe as appeareth both by the places of scripture appoynted by the statute to be reade for euery office And also by appoynting the prouision for the poore vnto the Deacons And furthermore it is his office sayth the bishop by the same statute where prouision is so made to search for the sicke poore and impotent people of the parrishe and to intimate their estates names and places where they dwell to the Curate that by his exhortation they be relieued by the parrishe or other conuenient almose And therefore I conclude againe that the Bishop can no more appoynt the office of prouision for the poore vnto a Minister then he can change or alter an Act of Paliament And therfore that he can no more commaunde a minister to reade Homilies then hee can commaunde him to make prouision for the poore For as touching these wordes towarde the latter ende of this action Take authoritie to preache where thou shalt be appoynted Whereby they take holde no otherwise to suffer them to preach then as they shal be licensed afterward by wryting hath neither head nor tayle They make by their fauourable patience a construction thereof without all ryme or reason They expounde Where which is a worde signifying place and referred to a place for When which is a worde importing time But had this worde When beene placed insteed of Where they might perhaps haue had some cloak for the raine for so the worde When and the word Shalt might both haue
liking of the Citizens And againe let the requestes of the Citizēs the testimony of the people the iudgment of the honorable the election of Clearkes be had in the ordination of Clearks And note that these texts many other mo do al affirme that elections ordinatiōs must be made by Citizens Priestes or Clearkes in the Plural number not by one Citizen or one Priest in the singular nūber Neither are these decrees to be vnderstood of the chief Priest of euery Diocesse alone but are verified of euery Priest thorough out the countrey as appeareth by the Canon following Distinct 64. c. Si forte Sed nec ille deinceps sacerdos erit quem nec clerus nec populus propriae ciuitatis eligit But he shal be no priest hencefoorth whō neither Cleargie nor people of his owne proper citie hath elected Wherevnto also the ciuill law accordeth Authen de sanct Epis § clericos colla nona Si vero c. But if holy rules shall prohibite such as be chosen by them as men vnworthy then let the most holy B. procure to ordayne whomsoeuer he shal thinke best A bishop alone may then ordaine sayth this lawe when the people cleargy haue chosen vnworthy mē it saith not that he may alwaies ordaine alone without contradiction or that the people Cleargy haue no interest in the actiō But this law only prouideth in this case a remedy to supply the negligence of those vnto whō the election appertaineth if they shall do otherwise therein then becōmeth them And to make this matter whereof we entreat more plaine euident euen by the statutes ordinances of the realme the choyce ordination of a minister is not apropried to the B. alone First by the statu 25. H. 8. these lawe Canons decrees before specified being then in force in as much as they be neither contrariant nor repugnant to the lawes customes of the realm nor derogatorie to the Queenes prerogatiue royall are confirmed ratifyed and in force now Yea because they are agreable to the lawes and customes of the realme and maintaine her prerogatiue royall as afterwardes shall be declared they ought now to be executed Secondly by a statute made 21. of H. the 8. cap. 13. It is enacted that a Bi. may haue 6. Chaplaines because six ministers at the least ought to be present whē the Bi. giueth orders Thirdly in the booke of making priestes c. are these wordes there shall be an exhortation vnto the people declaring how the people ought to esteem them meaning the ministers in their vocation And these wordes the B. shall say vnto the people Brethren if there be any c. And these wordes the bi commending such to the prayers of the congregation with the Cleargy and people present shal say c. Then shal the B. examine euery one of them that are to be ordered in the presence of the people By which words branches of the book it is euident that that people ouer whom the minister is to be placed ought especially to be present For what profit can a people dwelling at Yorke reape by exhortation of the preacher vnto loue obedience of their minister whē their minister shal be made at London Her highnes the nobilitie and fathers of the land were of more wisdom vnderstanding I am sure then to imagine that a people dwelling at Carlyle coulde be taught or instructed by a sermon made at Exeter And by the former decrees wherin mētion is made of people citizens the same people and citizens if we will know what citizens be properly are not taken for the Quiristers the Singers the Organ players the Canons the Archdeacon of the Cathedrall Church for all these by the Canon law beare the names of Clearkes neither are the bishops seruauntes taken in these Canons for Citizens because Citizens by these rules must giue their consentes and as hauing a principall interest in the action must not onely be eye witnesse and eare witnesses to the bishops vpright dealing but also must be agents and cohelpers themselues But serui and domestici in re non domestica Seruauntes and folke domesticall in a thing not domesticall are not alowed fit witnesses neither haue seruantes as seruants anye interest And therefore Citizens in these former Canons are Citizens Et re nomine Citizens in deede and in name And as I prooued before out of the statute of the land thatas the people of the place destitut of a Pastour must be present and giue their consent at the choyce of their minister so is the same also stablyshed by Canō law cōfirmed by act of Parliament Glos in c. 1. de reb eccle non alienand ver tractatus lib. 6. For this worde consensus siue collaudatio consent or approbatiō described to be multorum voluntas ad quos res pertinet simul iniuncta The will of many vnto whom the matter appertayneth ioyntly linked togeather prooueth that not onely Citizens in deed but also that Citizens of the place where the partie should afterwardes serue as a minister ought to giue their consent and allowance to the making him a minister because the matter of hauing a minister appertayneth properly vnto none other but chiefly and altogeather concerneth them And therefore the law willeth Vt quod omnes tangit ab omnibus approbetur That that be allowed of all which toucheth all Bishops Canons fol 5. Whereat our bishops them selues in their Englishe Canons of Discipline haue aymed and wherevnto in wordes they haue agreed The bishop shal lay his hands on none say they nor at any other time but when it shall chance that some place of ministration be voyde in the Diocesse And therefore I conclude since none must be made a minister but when it shall chance some place of ministration be voyde and since the consent and allowaunce of the people whome the matter doth concerne must by the Canons and statutes in force be had that therefore the people of the place where such place of ministration is voyd haue in the choyce appoyntment of there minister a speciall interest and prerogatiue Neither ought those ridiculous Canons of that foolish pope Adryan the proude Nullus Laicorum principum c. 63 dist cap. nullus c non est Let none of the lay princes or potentates ioyne him selfe to the election or promotion of a Patriark Metropolitane or any bish c Neither ought this and such like Canons I say any whit impeach the truth of my former assertions First for that these latter Canons are directly opposite and contrary to the ordinance of almighty God And the Apostles saith the holy scripture Act. 6. calling the multitude of the disciples togeather sayd vnto them choose therefore brethren out from among you seuen men of good report c. whom we may appoynt to this businesse and this speech pleased the whole multitude then present and
Panor in c. fin §. is autem nu 5. de offic deleg SI PRINCEPS c. If the Prince commit a cause to any and commaunde him personally to execute the same if in this case consist publike commodity this his commissary can not substitute an other no not euen with consent of parties because where the Prince either couertly or expresly doth make choyce of the industrie of any one particular person there the partie so chosen can not surrogate an other For the Prince herein doth personally qualifie the man and giueth vnto him the forme of his commission De offic c. deleg l. 6. c. si cui c. fin extra de offi delegat An example of this may be thus De offic delegat li. 6. c. si cui ex de offic deleg c. vlt. Suppose that the treasurership in Paules were voyd and that hir highnes had commanded the B. of London to prouide a fit man for the same roome whether now the B. may commit this his charge to be perfourmed by an other then by him selfe or no And it is answered negatiuely because in the choyce of a fit person consisteth great danger therfore the B. beeing but an executor of hir Maiest pleasure he may not substitute any other But suppose that hir highnes had cōmanded the same B. of Londō to haue giuē the same prebend to Lucius Titius whether thē might the B. in this case subdelegat Archdeacon Sempronius And the answer is affirmatiue that he might for now her Maiest by hir selfe hath nominated the partie to be placed hath not chosen the B. industry for that purpose and therfore he may assign this prouision vnto an other But it is otherwise where the industry of a Person is chosen concerning one to be elected for then he may not set ouer that his office to any other Now then out of these rules lawes I conclude that sithence it hath pleased the high Court of Parliament particularly and expresly by name to make choyce of the Archd. hath personally qualified him as their meetest man for this charge chosing the industry of his own person in presenting fit men to be made ministers or of his deputies in presenting fit men to be made Deacons and for so much also as in this action consisteth the publike benefit of the whole church and on the which hangeth the greatest perill daunger of the whole church For these causes I conclude that an Archd. onely must ought of necessitie present one to the B. to be made a minister that the B. can not dispence with him in this case and that neither the B. neither the Archd neither the party to be made a minister neither the clearkes and people present by their consents can alter or transpose any thing herin ff de pact l. ius publicum Publica vtilitas est pars agens Publike vtilitie is the party agent in this busines and Parta priuatorum inri publico non derogant The couenants agreements of priuate men doth not derogate from cōmon right And if the contrary haue been practized what may be concluded therof shal follow immediatly And againe by these proofes you may euidently see that the calling the triall the examinatiō the time the person appoynted to present and the age of one to be presented haue not been things meer contingent but rather essential not causas sine quibus non but causes formall to the making of Deacons ministers and such causes as beeing omitted haue been sufficient causes both to depose from their functions those that haue ben contrary wise ordained to punish the ordainers for their negligence in that behalfe And therefore that our tong tied ministers not made according to the order and forme of the statute be in deed and truth no ministers at all the act it selfe whereby they be made wherby they challenge their dignities being in deed no act in law hauing no law to approue the same therefore to be punished by the law of mā as wel for entring into a calling against the lawe of man as also for prophaning the holy and sacred misteries of God For what if respect be had to one or two or foure or moe of the solemnities and circumstaunces before rehearsed and those too perhaps of the least weight moment as vnto the age the time the B. particuler interrogatories the Archd. presentation and yet the rest of the greatest waight and importance as their learning their honesty their aptnes to teach c. be negligētly or wilfully omitted Shall the proceedinges by such as please them selues in their owne inuentions be both iudges parties thus in shew apparance only supposed to be done by them that are wise and vpright iustices whom publike profit ought to mooue to the redresse of disorders be reckoned to be don in deed and verity Yea if all the former solemnities yea euen those also of the least moment such as in truth might haue ben reputed accidentall rather then substantiall had it pleased the law makers to haue appointed them so haue beene are oftentimes omitted in the making of ministers one neuer called neuer tried neuer examined neuer known to the B. before that day to be of any vertuous conuersation not qualified as is requisit not learned in the latine tong not sufficiently instructed in holy scriptures as he that came to the B. of Winchester to serue in his Diocesse borne at Norwich and made a minister at Peterborow knew not how many Sacraments there were and requested a dayes respite to aunswere the bishop what the office of a Deacon was not made openly in the face of the congregation but priuately in the bishops Chamber or Chappell not hauing any Sermon not apt to execute his ministerie duely not presented by the Archdeacon the Bishoppe making ministers at Exceter and his Archdeacon at Oxenforde or the bishop making ministers at Leichfielde and his Archdeacon at Durham not mooued by the holye Ghost not admitted on a Sunday or holy daye not of 24. yeares of age not perswaded of the sufficiencie of the doctrine of the scriptures to saluation not an example in him selfe and his familie to the flocke of Christ not a minister of the doctrine and discipline of the Lorde Christ not a peacemaker but quarrelling at law for tithe Oynions apples and cheryes not a dispensour of the worde of God Fol. 11. p. 2. not a pastour and stewarde to the Lorde to teach to premonishe to feede and prouide for the Lordes flocke if such a one I saye yea if too too many such haue beene admitted into the holy ministery and all these solemnities vnsolemnly abused may it not be rightly concluded that such by our statute lawe be no lawful ministers at all Was the word of any Bishop onely the worde of the high bishop Iesus Christ excepted in any time or in any place a lawe against the Lawe
maruailously wounded grieued and molested and that the soules of the people are therby not gouerned at all but left at randon to their owne direction hauing no guyde to conduct them euery one may euydently discerne dispensations in that behalfe to be altogeather intollerable hauing no ground nor foundation of reason equity or lawe but onely graunted for the priuate gayne and lucre of some couetous vaine glorious persons Wheras it may be answered that the statutes of the Realme licensing diuers Ecclesiasticall persons qualified either by degree of schoole or by seruice vnto nobilitie ought more to be respected in this behalfe then the reasons of the Canon law Herevnto I answere that for my part I heartely desire and pray vnto God that these lawes might be respected and that the law of Englande might rule an English man in this case But alas our lawes are bels without clappers they are founded but they sound not they are bandes but they binde not For thogh by the statutes of the realm certain noble mens chappleines and others graduated in the Vniuersities be qualified made capable of dispensatiōs yet I deny the laws of this realm to approue any maner of dispēsations tollerable at al for any kind of these qualified men vnles the same be Frst in cases of necessity for the peace of the cōmon weal Secondly in cases of conueniency for the honor of hir highnesse person and lastly warranted by the holy scriptures lawes of god For though the statute make some men fit men for the Archb. to work vpon and as it were anuiles for him to strike vpon yet the same statute imposeth no necessity for the B. to work without the word But if it be lawful by the word then by the law he may if he wil. But if it be vnlawful by the word thē he may not thogh he would The law followeth Be it enacted that neither the king his heires and successors kinges of this realme nor any of their subiectes of this realm nor of the kinges dominions shall from thence foorth sue to the sea of Rome or vnto any person or persons hauing or pretending any authoritie by the same for licences dispensations impositions faculties grauntes rescriptes delegacies instruments or other writings of what kind name c. for the which any licence dispensation composition faculty graunt rescript delegacie instrument or other wryting heretofore hath ben vsed and accustomed to be had and obtayned at the sea of Rome or by authority therof or of any prelate of this realm nor of any maner of other licenses dispensatiōs compositions faculties grauntes rescriptes delegacies or any other instruments or writinges that in cases of necessity may lawfully be graunted without offending holy scriptures lawes of God but that from henceforth euery such licence c. aforenamed mentioned necessary for your highnes your heires or successors your their people and subiects vpon the due examination of the causes qualities of the persons procuring such dispensations licenses c. shal be granted had obtained frō time to time within this your realm other your dominions not els where in maner and form following no otherwise that is to say the Arch. of canterbury for the time being his successors shall haue power authority frō time to time by their discretions to giue grant dispose by an instrument vnder the seal of the said Archb. vnto your Maiesty and to your heires successors kings of this realm as well all maner such licenses dispensations faculties grants rescripts delegacies instruments all other writings for cases not being cōtrary or repugnant to the holy scriptures lawes of God as heretofore hath ben accustomed to be had obtained by your Highn or any your most noble progenitors or any of yours or their subiectes at the sea of Rome or any person or persons by authority of the same al other licences dispensatiōs faculties c. in for vpon al such causes matters as shal be conuenient and necessary to be had for the honor surety of your highnes your heires successors and the wealth profit of this your realm so that the said Archb. or any his successors in no maner wise shall graunt any dispensation licence rescript or any other writing afore rehearsed for any cause or matter repugnant to the law ofalmighty god This act is renued 1. Elizab. Prouided alwaies that this act nor any thing or things therin cōtained shal be hereafter interpreted or expounded that your grace your nobles subiects intend by the same to decline or vary frō the congregation of christ his church in any thing concerning the verye articles of the catholique faith of Christendome or in any other thinges declared by holy scripture and the word of God necessary for your and their saluations but onely to make an ordinance by policie necessarye and conuenient to represse vice and for good conseruation of this Realme in peace vnitie and tranquilitie from rauyne and spoyle In which Act is set foorth vnto vs what great care and circumspection our auncestors in the twilight of the Gospel had for the abolishing of corruptions the establishing of a sincere gouernment both in the Church and common weale and how diligently and faithfully they prouided that no maner of dispensatiōs licenses or immunities shold be had or obtayned but in cases of necessitie in cases not contrary or repugnant to the lawes of God in cases wherin the wealth profit peace and conseruation of the realm requireth in cases conuenient for the honor safety of the kings person with a due confideration alwaies of the causes qualities for the which of the persons to whom any licence or immunity shold be granted And therfore out of this statute first I conclude thus against plurified men 1 Whatsoeuer cause or matter is repugnant to the law of God the Archb. may not dispence with the same 2 But the matter of hauing many benefices or being Non residents is repugnant to the laws of God 3 Therfore the Archbish may not dispence with the same Againe 1 Whatsoeuer is not necessary for the wealth peace profite and conseruation of the realm the same by this statute is forbidden 2 But that one man should enioy by way of dispensation from the Archbish liuings appointed for many men is not necessary for the wealth peace profite and conseruation of the realme 3 Therefore the same is forbidden by this statute Lastly 1 Whatsoeuer is not conuenient for the honour and safety of hir highnes person the same by this statute is forbidden 2 But it is not conuenient for the honor and safety of hir highnes person to haue the Archbish disspence for many benefices 3 Therefore by this statute the Archbish is forbidden to dispence c. THe Minor proposition of the first syllogisme hath beene already sufficiently prooued by manye in fallible conclusions of Lawe and vndoubted truethes
that drowneth him selfe with the waues of the worlde is to be remooued from his Ecclesiasticall ministerie 2 But euery bishop and euery Clearke that vseth ciuile iurisdiction to please the Potentates of the worlde drowneth him selfe with the waues of the world 3 Therefore euery bishop and euery Clearke that vseth ciuile iurisdiction is to be remooued from his ministerie IF such as seeme by coullour of lawe to iustifie the heaping of offices one vppon an others necke had known these constitutions no doubt though had they couertly desired an outward pompe yet neuer woulde they so openly haue maintayned a thing so manifestly forbidden so precisely disallowed by so many lawes A minister may more lawfully exercise an occupation then a ciuile office For the wordes of the Apostle Nemo militans Deo implicet se negotiis secularibus Are not onely applyed by the law to manuall trades and occupations as to be a plough man a marchant man a Baker or a Brwer but also to the cheefest offices vnder Kings and Emperors as of Vicounts Stewards Presidents Iustices of peace and such like for the law foreseeing that a B. or clergie man whose office ought to bee applied wholely in heauenly things thorowly to bee withdrawen from earthly things might not onely be hindred from executing his duety by beeing a Baker or Huckster or other handy craftesman but also by taking of him the office of a Vicount Steward or Iustice of peace these offices beeing of them selues sufficient for a whole mā to be imploied in vseth the reason of the Apostle as well against the one as against the other And in truth more properly and directly against the one then against the other in so much as if wee conferre other places of holy Scripture with this of the holy Apostles wee shall finde that it is tollerable for a Minister yea hee may exercise his hands in laboure and toyle of his body to get some part of his lyuing in case hee haue not by the congregation allowaunce sufficient to mainetaine his estate the same Apostle leauing an example thereof as appeareth to the Thessalonians 4. 3. Neyther tooke wee breade sayth hee of any man for naught but wee wroughte with our laboure and trauayle Night and Day because wee woulde not bee chargeable to anye of you And agayne Act. 20. 34. 35. You knowe that these handes haue ministred to my necessityes and to them that were with mee If therefore euerye minister so it bee no hinderaunce to his calling and that he haue no sufficient prouision may for the preseruation of him selfe family exercise some manuall occupation laboure with his bodye sithence wee finde not in the whole doctrine of the Gospell that any liberty is giuen to the minister to become a Magestrate Rom. 12. 7. but that euery one that hath an office is precisely commaunded to attend vppon his office euery one that teacheth to attend vppon his teaching euery one that exhorteth to attende vpon his exhortation and that by positiue lawe the selfe same is receiued and commanded to be practized as before in the title of dispensations hath been prooued I see not how he that laboureth to couple the offices of magistracie and ministerye vnto one man and altogeather to seuer an handy craft from a minister can by pretence of lawe or colour of anye reason iustifie his assertion the lawe grounding it selfe vppon the scripture as well for seperating and disioyning the former as for lincking and vniting togeather the latter Yea and the Bishops by their aduertisementes published in the seuenth yeare of hir Graces raigne and subscribed with the handes of one Archbishop and fiue Bishops hir highnesse Ecclesiasticall Commissioners haue ratified and authorized what laye in them the former lawes concerning the practize and vse of the latter Aduertisementes the last article Their wordes are these I shall not openly intermeddle with anye Artificers occupations as couetously to seeke a gayne thereby hauing in Ecclesiasticall liuing to the some of twenty nobles or aboue by yeare Therfore I conclude that an Ecclesiasticall person not hauing aboue twenty nobles by the yeare a small portion for a minister of the Gospell to liue by maye intermeddle with an Artificers occupation And if these great and learned Bishops thinke it a matter tending to couetousnesse for a poore minister to vse openly some handy craft in case he haue twenty nobles or aboue to liue by I thinke for my part whosoeuer shall saye that for a rich Minister openly to intermeddle with an office of ciuill magistracie to winne him credit and to procure him estimation is a matter tending to ambition and vaine glorye that he doth not in so saying slaunder the truth And I haue for the defence of this my opinion the lawes and reasons following 21. q. 3. Cyprianus IAM QVIDEM consilio Episcoporum est statutum ne quis de clericis Dei ministris tutorem curatorem testamento suo nominauerit quandoquidem singuli diuino sacerdotio honorati in clericorum ministerio constituti non nisi altari sacrificiis deseruire precibus orationibus vacare debeant Nemo enim c. It hath beene lately by the councell of Bishops ordayned that no man in his Tectament should nominate any Clearke or minister of God to be a Gardian or ouerseer for that euery one honoured with diuine priesthood and placed in the ministerie of Clearkes ought to attende onely at the Altar and Sacrifices and ought to imploy him selfe to prayers and supplications For no man warfaring to God intangleth himselfe with worldly affayres that he may please him vnto whom he approoueth him selfe Which thing the Bishops and our Predecessours vpon religious consideration and wholesome prouision haue thought good that no man departing out of this life shoulde nominate a Clearke to any wardship or ouersight of any pupils Here againe we see the counsell hauing respecte vnto the custome of former ages and times past applye the very same place of scripture againste the offices mentioned in this Chapiter and vouch it in plea as a barre against those offices in a minister which notwithstanding in their owne natures are necessary and very holy and wherevnto many excellent priuiledges and immunities be attributed the cause of a Testament by lawe beeing placed in the raunge number of holy and Godly causes And we know by experience that the wyser a man is and the more care he hath of his posterities well dooing the more prouident circumspect he is at the time of his decease to leaue the tuitiō of his infantes and disposition of their goods to men best knowne to him to be of greatest pietie sincerest religion such as Bishops haue beene accompted Neither are these offices onlye thus forbydden by Canon lawe the Popes lawe but also by Prouinciall constitutions of Englande made heretofore by the B. themselues in Englande at the commaundement of the Kinges of England