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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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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 Cod. de Epis Cler. l. Nulli licere ¶ Neyther let them feare to be called and suspected pick-thankes seeing their faythfulnesse and diligent trauell carrieth with it as well praise as honestie and godly zeale hauing published the trueth to the eares of all men and brought it to the open light PROVER 31. 8. Open thy mouth for the dumbe in the cause of all the children of destruction To the Christian Reader THou hast seene beloued by long experience a lamentable contention to haue growen and continued in our English Church about reformation of Ecclesiasticall discipline and popish ceremonies whereby the quiet peaceable estate both of the Church and cōmon wealth haue been shrewdlie troubled and brought in hazarde The causes of which warre and dissention I leaue to the good consideration of thy godly wisedome onely I am to intreat thee to accept this my labour bestowed vpon the study of the lawes appoynted for the gouernaunce of the same Church hoping that by the authoritie of hir excellent maiestie and the counsayle of the honorable fathers gouernours of her highnes empire they may hereafter not only be better executed but also if the case so require be reuisited For were the same Lawes either better knowen vnto the whole church either better executed by those vnto whome our gratious Soueraigne hath committed their Execution no dout but very many notable points of such controuersies as haue beene a long time amongst vs woulde be easily speedily by the same laws decyded I am not beloued in this so waighty a cause absolutely to rest my selfe vpon the skill of mine own simple iudgment onely according to the knowledg giuen vnto me I haue for my part faithfully laboured to cite the lawe for that end purpose wherunto I take the same to haue beene first ordeined And therfore I am heartilye to desire thee to accept of this my labour trauail vndertaken not onely for the defence of her highnesse Lawes but also for my brethren and neighboures sakes and that peace and prosperity mighte bee within the walles and pallaces of Ierusalem Farewell and pray in thy spirit for the preseruation of the life of our gratious Queene Elizabeth An Abstract of certaine Actes of Parliament of her Maiesties Iniunctions Canons and Synodals Prouincial established and in force for the peaceable gouernement of the Church within her Maiesties Dominions heretofore for the most part vnknowen and vnpractized BY an act of Parliament made the 25. H 8. C. 19. intituled An act concerning the submission of the Cleargie c. It was enacted as followeth Prouided also that such Canons constitutions ordinaunces and Synodals prouinciall being alreadie made which be not contrariant nor repugnant to the lawes statutes and customs of this realm nor to the domage or hurt of the kings prerogatiue royal shal now stil be vsed executed as they were before the making of this act c. This act is reuiued 1. Eliza. ca. 1. Out of this act I conclude that al Canons constitutions ordinances and synodals prouincial made before this act requiring and commanding a learned Ministery prohibiting many benefices to be giuen to one man prohibiting ciuil iurisdiction to be in Ecclesiasticall men and prohibiting one man to excōmunicate for that such Canons c. cannot be contrary or repugnant to the lawes of this realme nor hurtfull to the kings prerogatiue are in force ought to be executed and therefore by this act all the Canons specified in any part of my treatise are in force so by vertue of this act a learned ministerie commanded Plurallities forbidden c. A learned Ministerie commanded by the Lawe Ex De elect Cap. Nihil est NIHIL EST c. There is nothing that may hurt more the Church of God then that men vnworthie are taken to the gournment of soules We therefore willing to applie a medicine to this disease decree by an inuiolable constitution that when any shal be chosen to the gouernment of soules he to whome the confirmation of his election appertayneth diligently examine both the processe of the election and the person elected to the ende that if all thinges concurre aright he may confirme him in his function For otherwise if any thing shall be vnaduisedly attempted not onely ●e that is vnworthily promoted but also the vnworthie promoter him selfe shall be punished and if any man shall approoue any of insufficient learning of an vnchast life or not of lawful age when his negligence herein shal appeare we decree him to be punished thus not onely that he be ●uite depriued of power to confirm the next successor but least by any meanes he might scape vnpunished that he be also suspended from the commoditie of his owne benefie Out of which constitution these conclusions may briefly thus be gathered 1 Whatsoeuer is hurtfull to the Church of God the same is to be forbidden 2 But it is hurtful to the Church of God to haue vnworthie men takē to the gouernment of soules 3 Therefore the same is to be forbidden 1 He that cannot worthily execute his office is ●ot to be admitted to holy orders and Eccle●…asticall dignities 2 But a man of insufficient learning of vnhonest cōuersation can not worthily execute his office 3 Therefore such a one is not to be admitted to Ecclesiasticall dignities IF any iudge the meaning of this Chapiter to bee onely of superiour Prelates as Archbishops bishops Abbotes or such like elected by some common society of canons Monkes Friers or collegiat Priests because of these words Election Confirmation properly applyed to such not to inferior Ministers which are properly sayd to be presented and instituted then is such both diligently to marke the reason of the decree prouiding a remedie against the detriment that might redounde to the Church in both cases if for both remedie were not before hand prouided And also to vnderstande that the name of Prelate is by law attributed likewise to euery Parson and Vicar hauing cure of soules D. ex de cleric aegrotant c. sua glos lynd Consti de sacra iterand c. ignorantia vers prelati Quia quilibet qui praeest curae animarum dicitur esse Prelatus Euery one that is preferred to the cure of soules is named by this name Prelate And also that election and confirmation in and to the superiour functions haue but the very same effect to the obtaining of their promotions that presentation and institution haue to the inferiour Ministers for enioying of their benefices then is such I say to consider all these thinges together with the end of the chapiter where speciall charge is giuen for inferiour offices And so
any such pencion is not payable vnlesse the party presented be made vnsit to serue in the ministery And that therfore as this ought to be done so the other ought not to be left vndone For the Law in two respects and for two considerations requireth both the one and the other to be done First the Law willeth euery one admitted vnto orders to haue for his present mayntainance and reliefe in the ministery some true lawfull and certayne title in and vnto some ecclesiasticall benefice As both the law it selfe in these words some Church stipends of clearkly warfare an ecclesiasticall benefice in an ecclesiasticall benefice ecclesiastical benefices a competent benefice Glos dict c. epis vers .. titulo also the glosse other expositors do manifest define a title to mean some ecclesiastical benefice Secondly the law requireth that euery one admitted vnto orders hauing for his present reliefe some ecclesiastical benefice should also haue some other title vnto some annual rent or pention wherby he might be releeued in case he were not able thorough infirmity sicknes or other lawful impediment to execute his ecclesiastical office and function The reason whereof is this Extra de renuncia c. ad supplicationem Adeuitandum vituperium ministerii To auoid the obloquy of the ministery Both which kinde of titles the bishops them selues by there canons of discipline published 1571. haue what in them lay against themselues ratified and confirmed Touching the first the byshop say they shall lay his handes on none at anye other time but when it shall chaunce that some place of ministration is voyde in the same Diocesse And if some place of ministration as they say must be voyde before a Bishop may lay his hands vpon any then must the partye say I to be ordayned haue some place of administration committed vnto him and so then some present prouision made for him in the ministery namely some ecclesiasticall benefice whereby I say an vncertayn vnlawfull and feyned title vnto some stipendary curatship only is not ment but such a certayne lawfull and true title in deede as whereby he might be able continually conueniently and decently without gadding to fro or without any obloquy or reproche vnto the ministerye prouide things necessary for the mayntainance of him selfe and his family And as it is flat agaynst the Lawe of the Lord that any shoulde bee admitted vnto the ministery not able to doe the message of the Lord so is it also expresly against the lawes of our gouernment that any shold be made a minister to serue onely as a stipendarye Curate Neither did the synagogue of Rome euer admit anye suche office by their canons only by popish customes thorough negligence of popish Prelates such disorders abuses haue crept into the same Touching the second kinde of Title before mentioned the Byshop saith our ecclesiasticall synode 1571. shal lay his hands on none henceforward but on such as haue some title as they call it whereby he may liue if by God his sufferaunce hee become blinde or fall into greeuous sicknesse of the body or into a continuall languishing disease And therefore out of these decrees and the former act of Parliament I conclude thus 1 All decrees canons constitutions and synodalles prouinciall not contrariant or repugnaunt to the lawes of the realme nor derogatory to her highnesse prerogatiue that were in force 25. of Henry 8. are by the statute of Primo Eliza. now in force 2 But all the decrees canons constitutions and sydalles prouinciall before specified excepting the Canons made 1571. were in force 25. of H. 8. and are not contrariaunte or repugnaunt to the Lawes of the Realme nor derogatory to her highnesse prerogatiue 3 Therfore these former decrees are now in force And if so then our Byshops by the same Canons compellable to prouide a present a certaine and a competent stipend for euery such Minister and Deacon as whome not hauing anye conueniente ecclesiasticall Benefice or place of Administration eyther they or their predecessours haue contrary to the olde and their owne new Canons made and ordeined or hereafter shall make and ordayn a Minister or Deacon FOr were it so that the Predecessours of our Bysh deceased were onely culpable herein yet notwithstanding our Bysh nowe liuing are in this case aunswerable for their successours default Extra de prebend cū secundū Panor in c. vlt. de aetat qualit nu 1. Glos lib. 6. de preb c. si episc vers ad premissa Extra de for comp c. penult ff de transac l. cum Hii Huius prouisionis obligatio transit ad successorem The band of this prouision passeth vnto the successour and is lyable agaynst him Ordinatus ad sacros sine titulo acquirit sola ordinatione contra ordinatorem obligationem vt eum compellat ad prouidendum de beneficio And this rule is so certaine and vnfallible as in case a Clearke ordeyned vnto holy orders without a Title promise the By. that he will not molest him touching the same that yet the same Clearke notwithstanding anye such disclayme may bring his action agaynste the Bysh and recouer eyther an Ecclesiasticall benefice or sufficient mayntainaunce out of his reuenewes For this right is Ius publicum may not be remitted It is also a right wherby releefe is prouided for maintaynance of life but Alimenta pacto alimentarii non tolluntur Nonrishments are not taken away by a couenaunt of him that is to bee nourished to the end the common Treasury or common weale bee not consumed or burdened with extraordinary and vnlawfull impositins And againe Eztra de simo c. penult If any shall ordayne or present one vnto orders taking of him an oth that he will not disquiet him about his prouision let the ordaynor and presentor know that the ordaynor from conferring againe the presentor from the execution of his orders is suspended for the space of three yeares And besides let the ordayned vnderstande him selfe to be suspended from his office so receiued vntill he shall deserue to be restored by the Apostolicke sea The reason whereof is this namely because euery such oth is luramentum turpe a filthie oth and therefore not obligatorie and beeing the accessorie no more auaylable then the principall Neither may it serue for any excuse vnto a bishop that the partie ordayned affirme him self to be contented with some small title or portion bestowed vpon him in case the sayde title be not in deed sufficient for the maintenaunce of his necessitie Extra de simo c. penult Quia precauendum est indecentiae clericali item huiusmodi renunciatio expressam simoniam induceret Because the vndecency of Clearkes is to be foreseene also such a disclayme should induce manifest simonie Moreouer if a bishop ordayne a Cleark and bestow vpon him a competent benefice which afterwardes is euicted from him in this case also the bishop after the sayde euiction is bound 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 ●…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 diligētly to be cōsidered 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 ●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
Lyndw. ne clerici vel monac c. vlt. PRESENTI DECRETO c. Wee ordeyne by this present decree that Clearkes beneficed or placed in holy orders bee neyther admitted gouerners of Villadges as to be Stewards or Bayliffes of such administrations by occasion whereof they might be lyable to make accounts vnto laye men neyther yet that they exercise anye secular iurisdiction speciallye those whereunto iudgement of bloode is annexed And from these decrees I conclude thus 1 Whosoeuer ought to attend vppon the alter and to giue him selfe to prayer and making of supplication ought not by anye testament to bee made a Tutor or Gardian 2 But euery one honored with the holy priesthood and placed in the ministery of Clearkes ought to attend vppon the Alter and apply him selfe to prayer making of supplication 3 Therefore none honoured c. and placed c. ought by any testament to bee made a Tutor or Gardian 1 Whosoeuer is gouernour of any Village Steward or Bayliffe of anye liberty or bayliwicke is by vertue of his office accountable to the laytie 2 But no Clearke beneficed or otherwise placed in holy orders by occasion of temporall officers ought to bee accountable to lay men 3 Therefore noe Clearke beneficed or anye other placed in holye orders ought to bee anye Gouernour Steward or Bayliffe THE lyke constitution was made by Octobone sometimes Legate from the Popes side here in Englande and speciallye publyshed againste the excesse of our Englishe Cleargy in this behalfe Constitu Octob. ne clerici iuris secular exerceant CVM HONESTATIS c. Insomuch as it is reputed a speciall decency of ecclesiastical honesty to be farre estranged from carnall actions we deeme it a very heynous and filthy thing that handes deputed vnto heauenly ministeries shoulde be intangled with secular affayres Or that certaine Clearkes seeking after earthly gaines and temporall iurisdiction thorowe a foule and greedy rauine doe receiue from lay men seculer iurisdiction and be called Iusticers and minister iustice which they cannot minister without a dissipation and iniury of ecclesiasticall order Therefore we desirous to extirpate this horrible vice straightly forbid all persons of churches and Vicars with perpetuities yea also all other manner of persons whatsoeuer placed in the ministery that they presume not to take any secular iurisdiction of any secular person or to exercise the same according to the precepts of holy Canons by this present Constitution we straightly inhibite that none placed in spirituall warfare presume to exercise in the secular court the office of an aduocate eyther in the cause of bloud or in any cause whatsouer saue onely in such causes as are permitted vnto him by Law And we likewise forbid that any cleargy man shoulde presume to bee eyther a iudge or an assessor Which constitutiō of Octobone as it seemeth in some sence and in some respect to exempt cleargy men altogether from the power and soueraignty of Kings and princes denying them indeed power ouer the Cleargy and so in this sense be contrary and repugnant to her highnesse Crowne and prerogatiue royall and therefore not authorised by act of Parliament though in the end the same Legate seeme to allowe the Kings priuiledges adding these words Saluis domini Regis priuilegiis Sauing the priuiledge of my Lorde the King So in another respect and in another sence if regard be had to the generall equitye of the inhibition we shall finde the same to agree altogether with the reasons of the former prouisions For in this constitution the Legate allegeth other reasons then before were alleaged and forbiddeth other offices then by the former were forbidden The reasons may be gathered thus 1 Whatsoeuer is iniurious vnto the ministerye or breedeth a dissipation of the ministerye the same may not be lawfully layde vppon the ministery 2 But to be deputed a minister of iustice to be made an aduocate a Iudge or an assessor is iniurious to the ministerye and breedeth a dissipation thereof 3 Therefore these offices may not be deputed vnto them 1 Whatsoeuer may be cause that the cleargy by any foule fault should swarue from the workes of fayth the same may not lawfully be layde vpon the cleargy 2 But to be made a Iustice an aduocate a iudge an assessor in seculer Courts may be cause that the Cleargye shoulde swarue from the workes of faith 3 Therefore Cleargye men lawfully maye not bee made Iustices aduocates Iudges or assessors in seculer courtes WHich two reasons of this prouinciall decree may probablie seeme to haue beene collected out of some more auncient Canons long before that time established wherby the like offices were forbidden and principally for these causes following 21. q 3. peruenit Gloss non exerceant Extra de vit honest cler c. clerici consecratio distinc 5. c. First that for filthy lucres sake they meddle not with taking to hire possessions seculer causes Secondly that thorough slouth idlenesse they separate not themselues from the holy ministeries Thirdly that they runne not a gadding to the Courtes of seculer princes And lastly because the Psalter should neuer be out of their handes And not onely vpon these groundes haue these Lawes at the first had their essence and establishment but sundry other considerations as forceable as these are apparantly known to the learned in the laws for the ouerthrow of ciuill Iurisdiction in ecclesiastical men In the administration of ciuil Iustice euery one in commission of peace without respect eyther of the person or of the cause oughte indifferenly and vnpartially to execute his office For bee a man once sworn in commission of peace he may not afterwards deale with hearing of what causes he list hee may not take notice of halfepeny matters and post ouer matters of bloud to his fellow iustice hee may not onely set an ende betweene neighbour and neighbour for shrewde wordes passed but he must prosecute the murtherer to death he must take his examination and he must send him with a Mittimus to the Iaile He must at the generall Sessions of gayle deliuery certifie the murtherers confession Now because it is a matter very haynous by the ecclesiasticall lawe in force that any ecclesiasticall person shoulde bee present in any place where any sentence is giuen for the sheading of bloud much lesse to bee a minister of Iustice in a cause of bloud Therefore ciuill iurisdiction for this cause also is forbidden ecclesiastical men And among many constitutions I haue thought good to recite onely these that follow Extra ne cleric vel mon. c. clericis CLERICIS IN SACRIS ORDINIBVS c. It is not lawfull by the Councell of Toletane for Clearkes placed in holy orders to handle iudgement of bloude Wherfore we prohibit that they by them selues neyther chop of any members or cause any to be chepped off For if any shall doe such a thing let him be depriued of his honour and of his place And agayne
otherwise then that there hath but little good growen to the Common weale hitherto by the bishops and Cleargie men in the Administration of Ciuill iustice And that therefore such as haue written or spoken or preached againste Ciuill iurisdiction in the Eclesiasticall state haue done it for two vrgent and waightie considerations Friendes of reformation friendes of the queenes maiesties prerogatiue First not to encounter hir maiesties prerogatiue as it is falsely supposed but to teach their Lorde and maisters truth They haue not doone it in disobedience to hir crowne but in obedience to their God They know it is better to obey God then men and therefore they haue laboured faythfully by the worde of God to perswade hir maiestie and the estates of the Realme that these offices ought not by the Lawe of God to be resiaunt in one person and therefore hath exhorted hir maiestie and them in the name and feare of God to vse hir prerogatiue and theire authorities to the seuering of them Secondly they haue preferred the generall welfare and commoditie of the common weale before the vnlawfull honours and promotions of priuate men They know by learning and haue prooued by experience what detriment maye insue to the Common weale when offices are committed to men ignoraunt of such duties as belong vnto their charge A man that hath spent all the dayes of his lyfe in the studie of Grammar or Oratorie and hath alwayes taught the same were a very vnfit man at the age of threeschore yeares to be made a publique Keader in Phisicke or Law and yet notwithstanding to remayne a Schoolemaister still Expedit reipublicae vt quisque officio suo fungatur It is expedient for the Common weale that euery one execute his owne office And I am of opinion that the friendes of reformation are greater friendes and mayntainers to and of hir highnesse prerogatiue then the others be For they ascribe vnto hir maiestie indeede truth and veritie that which the others do but in worde shew and semblaunce onely They earnestly desire and craue that as hir highnesse hath beene annoynted and Crowned by the Lord him selfe Queene and gouernesse ouer them and as she is their naturall and onely lawfull Ladie and Mistresse and as she hath the name title and stile of supreame and chiefe ruler ouer all persons in all causes So likewise the causes now accōpted Ecclesiasticall beeing meere Ciuill shee might in deed truth and veritie haue all and all maner of iurisdiction executed in hir maiesties owne name as well in Courts and iudgements nowe reputed Ecclesiasticall as in other hir maiesties Courtes temporall whereby hir Ciuill gouernement might be more enlarged Which thing the abettours of reformation perceiue now to be otherwyse Forall summons actes proceedinges sentences decrees and iudgementes in all causes and controuersies determinable before Archbishops Bishops and Archdeacons are begunne continued and ended in the Archbishops bishops Archdeacons their Commissaries or Officials names stiles and dignities without any relation or mention of authoritie gyuen unto them as proceeding from hir maiestie then the which there can not seeme anye thing more preiudiciall to hir state Crowne and dignitie For be it that they be created Archbishops and Bishops by hir highnesse and inuested into their seas at hir Graces commaundement yet this argueth no greater prerogatiue belonging vnto hir maiesty ouer them then such as she hath ouer hir other subiectes whom she createth Barons or dubbeth knights But as concerning common and ordinarie iurisdiction in causes reputed Ecclesiasticall they haue no letters patentes from hir maiestie conuaying vnto themas from hir royall person any power ouer hir subiects to heare and determine their causes in hir highnesse name and vnder hir gouernement Onely they execute such iurisdiction as by popishe constitutions or popish customes hath beene heretofore annexed to their Archbishopprickes bishopprickes and Archdeaconries and that by an vtter enemy to hir royall person state and gouernment B. L. to his colleague Comissioners In so much that some of them by Letters hath signified vnto their Colleague Commissioners that common and ordinarie authoritie in causes ecclesiasticall chiefly and almost onely belong to them selues and their officers And that commissions from hir maiestie for reformation in matters ecclesiasticall graunt onely an extraordinarie authoritie And that therefore the sayde Commissioners haue not to heare matters of instance and such as requyre iudgement of lawe for that such causes belong onely to them selues and their officers whereby they haue insinuated hir maiestie to haue no common or ordinarie authoritie in causes ecclesiasticall as they them selues haue Whereas all other courts within hir highnesse Empyre as leetes courtes Baron courtes of regarde courtes of Forrestes I leaue to speake of hir highnesse owne Courtes at Westminster all liberties and franchises all parkes and free warrens belonging to any of the Nobilitie Gentrie or any Citie or borow of this Realme haue euer had their beginninges and establishmentes by the gratious fauour of the Kinges of this Realme as from whose prerogatiue such dignities and immunities ought franckly to proceed and by whom onely they haue beene graunted Onely oure Church gouernours challenge not their authoritie as from hir sacred seate of iustice and princely throone but they challenge their authoritie as a power belonging to their owne seats deriued from an vsurped and forren power 17. pag. ● 28. Henry c. 16. The statute made that euery Archbishop and bishop of this realme and of other the kings dominions may minister vse and exercise all and euery thing and thinges pertayning to the office or order of an Archbishop and bishop with all tokens ensignes and ceremonyes therevnto belonging and that all Archdeacons and Deanes and other hauing offices cures and dignities spiritual may by authoritie of this act and not by vertue of any forren power or authoritie administer vse and exercise all things appertaining to their dignities offices orders cures religions felowships and may lawfully hereafter vse all tokens ensignes and ceremonyes which they haue beene accustomed to vse in times past so it be not expresly against the lawes of God and this Realme This statute I say hauing beene the rule of our Archbishops and bishops consciences for their gracinges there Lordinges there vsheringes their kneelinges there tastinges their cupbearinges and such like improoueth no whit any part of the force of the former assertions but rather confirmeth and fortifieth the same First the statute hauing relation onely to tokens ensignes and ceremonies accustomably administred vsed and exercised before the making of the statute all which beeing Antichristian and therefore expreslye against the lawes of God are plainely by this statute abrogated and therfore ought no more to bee administred vsed or exercised For though the Kinge the peeres and commons at that time not instructed in the vnlawfulnesse of them did not holde and repute them to be againste the lawes of God and therefore did not specially abridge any particuler