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A00282 An abstract, of certain acts of parliament: of certaine her Maiesties iniunctions: of certaine canons, constitutions, and synodalles prouinciall: established and in force, for the peaceable gouernment of the Church, within her Maiesties dominions and countries, for the most part heretofore vnknowen and vnpractized Stoughton, William, fl. 1584. 1583 (1583) STC 10394; ESTC S101664 176,465 272

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they choose Steuen c. Which ordinaunce of the Apostles whosoeuer shall thinke that the same may receiue a counterbuff by an Angell comming from heauen much lesse by a pope comming from the bottomlesse pit for my part I hold him accursed and so vtterly vnworthy the name of a Disciple Secondly the sayde Canons of Adryan plainely and in flat termes are derogatorie to her maiesties prerogatiue royall and therefore by the statute of 25. Henry the 8. vtterly abolished Thirdly they are against the customes and statutes of the Realme For by all the customes of the Realme where any Mayor Bayliffe Shreiffe or head officer of any Borough Towne or any incorporation is to be elected or where any knight of the sheire any Burgesse any Constable any Crowner any Vergerer within any forrest and such like are chosen the same officers are alwayes chosen by the greatest part of such mens voyces as haue interest in the action And as touching the statutes of the realme it is likewise euident that they confirming the booke of king Edward the 6. and the Canons not preiudiciall to her highnesse prerogatiue royall giue vnto the prince nobilitie gentry and other faithfull of the land an interrest in choyce and allowance of their pastours And who can be so voyd of reason or vnderstanding as to imagine that men renewed with the spirit of wisedome in the Gospel of Christ should be carefull and diligent in the choyce of discreet and wise men to be dealers for them in matters pertayning to this transitorie life and yet should be remisse negligent what guides they approoue of to conduct them in the wayes of eternal life Or that they should be lesse prouident ouer their spirits and soules then ouer their bodyes and goodes Euery man whether he be in the ministery or out of the ministery contrary to that blind popish distinction of Layetie and spiritualtie if he be a true beleeuer is the seruant of Christ and hath the spirit of Christ and in the choyce of his Pastour shall haue a Spirite giuen vnto him to discerne whether the same be a man apt to teach or no. The confusion therefore so greatly feared by popishe Idolatours is not once to be suspected amongest Christians They had cause to feare and be affrighted hauing put away fayth and a good conscience But we haue boldnesse with confidence to approch vnto our GOD who is able and will assuredly stay the rage of the people and fynishe our actions with a quyet and peaceable issue And thus much of the face of the Church and of the choyce and consent of the people and Cleargie to be had in the ordering of ministers Touching the Latine tongue required to be in euery minister as the lawes haue alwayes had respect to a competent and sufficient knowledge therin so the Act of Parliament made the 13. Elizab. cap. 12. hath fully and at large expounded the same and limitted the knowledge thereof in these words None shall be made a Minister vnlesse he be able to aunswere and render to the ordinary an account of his Fayth in latine according to the sayde Articles And if any shall be ordayned contrary to any prouision of that Act then is he no Minister at all And thus as breefly as I coulde I haue examined these wordes mentioned in the Booke viz. calling tryed examined knowne qualities the face of the Churche and the Latine tongue what meaning and signification by Lawes in force the same wordes haue And also what order and forme our Byshoppes oughte by Lawe positiue to haue vsed in making Deacons and Ministers and what credite and fidelity her Highnesse and the whole bodie of our Church and common weal haue reposed in them for an orderly vpright and syncere disposition of these things Vnto which trust how aunswerable there seruice and gouerment hath beene I doubt not but vpon there Examinations they wil approue the same to haue bene faythful iust and equall But by way of supposition If any shall deny their fidelities to haue beene such as is pretended what remedye then or what is to be done then Hereunto I answere since the perill happening vnto others thorough their negligences in time past is vnrecouerable that therefore the Lawe established against such excesses woulde bee executed in time to come the punishment of one is a terrour to many and by feare of punishment a man is made good The summe and effect of which Lawe confirmed by Act of Parliament is this viz. Tam indignè promouens quam indignè promotus est deiiciendus As well the man vnworthily promoting as the man vnworthely promoted is to be deposed Proofs exāples wherof are these In the Cap. NIHIL EST EX DE PREBEND Order was taken as you haue seene before that not onely men vnworthy shoulde not be admitted to regi-ment of soules but it is also in that place prouided incase any thing shall be otherwise vnaduisedly attempted that then not onely the man vnworthily promoted but also the vnworthye promotor should be punished Ex de aetat qualit c. penult And again it is decreed thus If they shall hencefoorth presume to ordayne any that are vnskilfull and ignoraunt which may easely be espied We decree that both the ordaynours and the ordained be subiect to grieuous punishment So. dist c. ex penitentibus 5r dist c aliquantos Againe Qui ex certa scientia indignum ordinat aut deponitur aut priuatur potestate ordinandi He that wittingly ordayneth an vnworthy man is either to be deposed or depryued from power to ordayne 1. q. 1. c. si qui epis Againe Si qui Episcopi c. If any Bishop haue consecrated any such Priest as ought not to be consecrated although in some sort they escape infamie yet they shall not thencefoorth haue ordinations neither shall they euer be present at that sacrament which they vnworthily haue administred Vpon which decree and the worde ordinations the glose flatly concludeth Quod semper est veritas quod qui promouet indignum depositionem meretur That the trueth euermore is this viz. that whosoeuer promoteth an vnworthy mā deserueth to be deposed Quia culpa reus c. glos in const otho de scru in ord facien c. 1. ver ab Bicause he is culpable committing an order charge or office to such an vnworthy person And because he is vnfaithfull communicating his ministery vnto an vnworthy man to the hurt of the Churche and honour of God which by good ministers ought to be furthered ff de exercit l. 1. § magi●…rum A shipmaister or an Inne keeper vsing the seruice of an euill mate or ship boy or of an vnthriftie Tapster or Osteler is to make restitution if any thing imbezeled from his passengers or Guestes for the negligence of either of these in this case is punishable Quia opera malorum seruorum vtitur Because he vseth the seruice of euill seruants By which lawes