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A03398 A suruay of the pretended holy discipline. Contayning the beginninges, successe, parts, proceedings, authority, and doctrine of it: with some of the manifold, and materiall repugnances, varieties and vncertaineties, in that behalfe Bancroft, Richard, 1544-1610. 1593 (1593) STC 1352; ESTC S100667 297,820 466

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priest prophets if they be Christs substitutes as he is a prophet and kings by the same proprietie of speech if they be Christs immediat substitutes as he is a king And so I will go to the next chapter wherby you shall perceaue more particularly that call them as ye list they challenge authoritie like princes or rather popes to deale in many matters CAP. XXV In vvhat causes more particularly their elderships are to deale as they pretend YOu haue heard before of certaine of the seuerall and ioint offices of their counterfeit church-aldermen and likewise in the chapter how they challenge to themselues in their elderships the whole gouernment in all church-causes Now for that it might bee doubted how farre these words Church causes should extend they haue taken great paines to cleare their meaning in that behalfe and so haue vsed the matter to my vnderstanding as that they haue left out no one cause of what nature soeuer but that either directly or indirectly by hooke or crooke they haue brought it vnder their lee and with-within their compasse Read their sayings and then iudge as you see cause All crimes saith Knox that by the lavv of God deserue death deserue also excommunication as vvilfull murderers adulterers sorcerers vvitches coniurers charmers giuers of drinke to destroy children open blasphemers as denyers of the truth raylors against the Sacraments c. And hovv will they proceed in the execution of this censure vpon such manner of sinnes the same order doth specifie A superintendent must direct his letters of summons to the parish church where the offender dvvelleth or if the offender haue no certaine dvvelling place then to the chiefe tovvne and best reformed church in that diocesse vvhere the crime was committed appointing to the offender a certain day and place vvhen vvher he shal appeare before the superintendent his assessors to heare that crime tried as touching the truth of it and to ansvver for himselfe vvhy the sentence of excommunication should not be pronounced against him Here are then new summons and nevv citations Here is authoritie challēged not only to appoint such offices and to vse such iurisdiction but that which seemeth strāge to me indeed to trie a murderer and such like offendors as touching the very facts whether they committed them or not Do they impanall a iurie thinke you as we do in England for triall of the fact or are the elders of the consistorie iudges of the facts as they be of law That is not expressed But what if the partie vpon his summons appeare not That is no great matter Inquisition being taken of the crime he is the next Sunday to be excōmunicated not for his contempt in not appearing but for the very fact it selfe as in their form of excommunication in such cases it is expressed For the inquisition of the crime taken in his wilfull absence shall be a conuiction for his soule let his body escape the temporall magistrats hands as it may This is round dealing A man is condemned of murder and neuer heard for sitting but of one citation in a matter of life and death out goeth their excōmunication Call they this proceeding after the new discipline But to follow this case to the end It happeneth that this murderer is aftervvard pardoned by the magistrat but yet though hee professe repentance he may not be receaued till after fortie daies of triall and vntill hee hath satisfied the kinred and friends of the man that vvas slaine You may say what if they will not be satisfied That I warrant you is prouided for Then ought the church to put moderation to the vnreasonable in case the ciuile magistrat hath not so done before It is very well what the king will not they may Besides when it is sayd that the church ought to put such a moderation you must vnderstand that except the parties do agree to be so put out flieth againe as I suppose their foresaid slipperie censure Againe for all other offences that fall not vnder the ciuile svvord and yet are slanderous and offensiue to the church as fornication drunkennesse vsed svvearing curssed speaking chiding fighting bravvling and common contempt of the order of the church breaking of the sabboth vvāton vain vvords vncomly gestures negligēce in hearing of preaching or obtaining from the Lords table vvhen it is publikely ministred suspicion of auarice or of pride superfluitie or riotousnesse in cheare or raiment c. All these likewise do come by certaine degrees within the compasse of their censures all according to the word of God you must suppose or els you do them wrong Vnto these may be also further added ministers apparell vvomens lasciuious dissolute or too sumptuous attire either publikely or priuatly dauncing all games that bring losse stage-plaies of all sorts haunting of tauerns or tipling houses all inordinat liuers and all such like matters according to the discretion of the eldership cuirelinquenda sunt vvhervnto they are to be left From which discretion it proceeded as I take it that for some disorders committed in Edenburgh about a Robin-hood which the prouost and bailifs would haue staied the vvhole multitude vvere holden excommunicate But yet I haue not done with these causes They grow vpon me more and more And it is no reason that our owne brotherhood of England should be pretermitted They vz. the elderships shall suffer no levvd customs saith the admonitioner to remaine in their parishes either games or othervvise You know their meaning Maipoles Ales maigames moricedances all must downe How doth Robin-hood stick in their stomacks Besides all that haue liued vvith offence to the congregation although they haue suffered the punishment of the lavv for it yet because they offended therby both God the church they are vvithin the limits of the elderships to be censured by them The demōstrator is also very bountiful The office of the church gouernors saith he is to decide controuersies in doctrine and maners so far as pertaineth to conscience and the church censures That is if any shall refuse their said decision they will not indeed whip him or hang him those are ciuile punishments But so farre as the church-censures will reach haue at him Will he run to trouble his neighbour either to the Chancerie to the Kings-bench or cōmon pleas may haue both cōscience and iustice of his eldership at home Such a fellovv shal pay for it It is wisely therfore considered of the humble motioner where he telleth the lords of her maiesties priuie coūsaile that the church is to censure such a partie vvho is apparantly troublesome and contentious and vvithout reasonable cause and vpon meere vvill and stomacke doth vex molest his brother to trouble the countrie Apparātly troublesome that is apparantly to their conceits without reasonable cause vz. to be approued by thē And how can they know how reasonable the cause is except