Scripture to be given them by God and therefore the King and Parliament may be pleased to abolish both them and their power as King Hen. 8. did abolish Monkes and Friars 26. 40. and 28 The challeng for Lordly primacy out of the great charter answered 28 The study of the civill Law and the professors of it may florish more than now they doe 28 Fees for probate of testaments let to farme 29 Fees dew for execution of functions of the Canon Law disproportionable for a Dâ—ctor of the Civill Law 30 An Act of Parliament for the advancement of the Civill Law is set downe and a forme laid for all proceedings in the Courts in which the Civill Lawyers should be Iudges 32 33 It will advance the honour of the King and the good of his subjects to have matters of tithes and testaments and matrimony reduced by act of Parliament to bee tried by the Iudges of the Common Law 37 Matters of tithes and other causes of light nature pertaine to civill justice 37 The temporall law may easily bee applyed to causes now reputed Ecclesiasticall 39 How legacies may be recovered at the Common Law 42 Matters of marriages more fit to bee decided by the Kings officers than by the Bishops 43 Much adâ—e in the Bishops Courts about Accipio and Accipiam 44 The common Law preferred by the Bishops above the Law of God and the civill Law 45 Causes of Adulteries Slander Heresie which by sufferance only have bin exempted from the Cognizance of the King may be arbitrated by the Iudges of the common Law 47 Hierarchy may be judged felony if it please the King 49 The cognizance of all crimes as well as of some by the Law of God belong to the King 50 No impeachment and impropriations in lay mens hands the stat of 15. Rich. 2. and the 4. Hen. 4. being observed for a Vicar endowes yet if it please the King Parliament a law may be made for reducing of impropriations which may bee done First by restitution Secondly by commutation Thirdly by redemption Fourthly by contribution 52 Parochiall Churches to what use they were founded 56 First restitution of many may and ought to be which are now accounted the temporall revenues of Archbishops and Bishops which were given to severall Churches are now spoyled of them by Archbishops and Bishops 55 56 57 58. Secondly commutations may be made of many of the Bishops lands given to superstitious uses for many impropriations in the Kings hand and the hands of many of the Nobility 56 58 59 Thirdly there may bee a redemption made of the same land or buying in of many impropriations by a common purse or treasury which will increase 1. When the people shall be discharged of the burden of Ecclesiasticall Courts 2. The treasure will increase by the dissolution of Chapels of ease and uniting two Parishes into one and especially in great Cities and Towns where often are but small Livings 61 Dissolution of Chapels no new thing Ibid. Chapels the Seminaries of hirelings 62 3. By sequestration of the Livings of non residents 4. By the forfeiture of penall Lawes due to the King 60 61 62 63 Sequestration of the Churches of pluralists may further the treasure for redemption of impropriations 63 By what contributions Impropriations may bee brought to the use of the ministery 63 Fourthly the fourth meanes viz by contribution wherby Impropriations may be reduced to the ministery 63 64 65 How and by what means impropriations may be reduced into the ministery 65 66 None of the three estates in Parliament is lost by removall of the Hierarchy as appeares by severall statutes viz. 25. E. 3. c. 24. 31. Ed. 3. Stat. of Herrings 3. R. 2. c. 3. 7. R. 2. c. 12. 1. E. c. 2. 68 69 70 71 72 73 The state of Prelacy founded by the Grandfather of K. E. 3. 69 The K. having the assent of the Nobles and Commons may repeale statutes without the assent of the Prelates 70 The argument answered in which it is said that it hath been alwayes dangerous to pick quarrels against laws setled 74 75 Lesse danger to reforme the Church by new lawes than to continue corruption by old lawes 74 That argument answered in which it is said that there must of necessity be in every Parish one Pastor a company of Seniors and Deacon or two at the least and all those to be found of the Parish 75 76 77 78 What kind of men ought to be chosen Seniors and Deacons 76 The judgment of the Commissioners of Ed. 6. touching Elders and Deacons 77 The election of Pastors by the people stands upon the ground of reason and nature rules of Christian equity and the law of God therefore by no Law or custome can justly be taken away though actually it was by the Pope 79 to 87 Dangerous to innovate unlesse there be evident utility in innovation 80 The common manner of election in the old Churches was by the people 81 The King without the people hath power to nominate the Kingly Bishop 82 M. Bilson confirmes the peoples election of their Pastor 83 A great difference betwixt the choice of Bishops in England and Pastors 86 No Schisme hapned by choice of Pastors by the people ancient schimes were ever from the election of Bishops 87 88 therefore a Stat. is desired for the giving of election of their Pastors 86 Election of publike officers in Cities and Boroughs is by the principall men of these places 90 91. therefore Ministers may bee elected the officers of Cities and Townes Corporate chosen without contention therefore Pastors may be also chosen 90 The people would be more carefull of their Election than Bishops have been the people could make no choice of insufficient Ministers unles the Bishops did make insufficient Ministers 93 94 The common people accused of backwardnesse in Religion the reason of that must needs be from their ill guides 95 Men of excellent gifts and men of no gifts are unequally matched in the ministery of the Gospell 96 The people may know a man to be a fit Minister though he be not brought up among them 98 What knowledge of a Minister is required in the people before they choose him No partiall suits can follow the election of Ministers by the people 100 The means to take away all symony for places in the Ministry 100 The inconveniences of Bishops ordination set downe 102 As many suits betweene the Bish and the Clerke 2. suits between the Clerke and the Archdeacon 3. suits betweene the B. and the Archdeacon 4. Riots and breaches of the Kings peace 5. unlawfull Fees for Letters of institution 6. unlawfull Fees for letters of sequestration 105. 7. Perjury by the Clerk and robbery by the Patron 8. Chopping of benefices and dispensations 106. A supplication to the Parliament to consider these inconveniences and likewise a briefe way is set downe of the redresse of them 107 Diverse things set down concerning ordination of Ministers
the Bishops and Archdeacons their Courts Wee will examine what fees Doctors of the civill law being Chancellors Commissaries or Officials have usually and ordinarily allowed unto them by their Lords and Masters Fees for probat of Testaments granting Fees for probat of testaments let to farm of administrations with their appendances of late years in some places whether in all or how many I know not have beene demised unto farm for an annuall rent out of which either a small or no portion at all have beene allowed unto the Chancellor or Officiall for his service in this behalf Whereupon as I conjecture it hath fallen out rather than that those Officers would worke keepe Courts and travaile for little or nought ther have been exacted greater fees for the dispatch of these things than by law ought to have bin paid Perquisits of courts arising upon suites commenced betweene partie and partie it must be a plentifull harvest and there must be multi amici curiae in a Bishops consistorie if ordinarily communibus annis they amount in the whole to twenty pounds by the yeare and yet these perquisits belong not wholly to the Chancellor but are to be devided between him and the Register And touching fees for excommunication and absolution fees for institution and induction licences to preach licences for Curats and Readers For testimoniall of subscription or licences to marry without banes fees for commutation of penance and fees for relaxation of sequestrations touching these manner of Fees if the same be fees no Fees due for the execution of the functions of the canon law dishonourable for a Doctor of the civill Law way warrantable how are not then such fees every way dishonourable for a Doctor of the Civill law to take either of Ministers or people There must be therefore some other hope of better reward and maintenance to incite and incourage schollars to the studie of the civill law than are these beggerly and unlawfull fees depending upon the functions and exacted by the Officers of the Canon law or els the use of the civill law as the Admonitor saith must necessarily in short time be overthrown For if Fees for probat of Testaments and granting of administrations with their appendices shall still be let to farme and if also many unlawfull fees were quite inhibited there would remaine I trow but a very poore pittance for Civilians out of the functions of the Canon law to maintain their Doctoralities withall But what better reward can there bee for Civilians than hath already beene mentioned If the Admonitor had not willingly put a hood Civilians in England live not only by the functions of Canon law wincke before his eyes he might have seene that the Civilians live not wholly and altogether by the practice of the Canon Law but partly also and that most honourably by the use of the Civill law If a Doctor of the Civill Law be judge or Advocate in the Court of Admiraltie if he be Judge or Advocate in the Prerogative Court so farre as the same Court handleth only matters of Legacies Testaments and Codicills to what use can the Canon Law serve him or what advantage can the same Law bring him in Beside to what use serveth the Canon Law unto a Doctor of the Civill Law if he shall finde favour in the Kings sight and if it please the King to make him one of the Masters of his Requests or one of the twelve Masters of his high Court of Chancery or to be the Master of his Rolls or to be his Highnesse Embassador unto forraigne Nations or to be one of his Highnes most honourable privie Councel or to be one of his principall Secretaries It followeth not therefore as the Admonitor pretendeth that either the Civilians in this Realme live not by the use of the civill law but by the offices and functions of the Canon law and such things as are within the compasse thereof or that the hope of reward and by that means the whole studie of the Civill Law must be taken away if once the Canon Law should be abolished Neither would it bee any hard matter for the King if the Civilians might find grace in his sight to appoint Courts Offices and all manner of processe and proceedings in judgement for Doctors of the Civill Law to heare and determine in the Kings name all causes being now within the compasse of any Civill or Ecclesiasticall Law within this Realme And although a little candle can give but a little light and a small Spring can send forth but a small streame yet because great fires are kindled sometimes by little sparkles and small streames meeting together may in time grow into great riveâ—s I shall desire the great Civilians with their floods and lamps of learning to help forward such a law as whereby the study of the Civill Law may be upholden the reward and maintenance of Civilians without any function from the Canon Law may be enlarged many controversies and disorders in the Church may be pacified and the Kings Prerogative Royall bee duely advanced Which things if it might please them rightly to consider then let them humbly and seriously beseech our Soveraigne Lord the King and States in Parliament to give their consents to such a Law as the project ensuing may warrant them the same not to bee dangerous to the overthrow of their civill studies The Project of an Act for the explanation and amplyfying of one branch of a Statute made in the first year of the raign of Queen ELIZABETH entituled An Act restoring to the Crowne the ancient jurisdiction over the state Ecclesiasticall and also for the declaring and reviving of a Statute made in the first year of King EDWARD the sixth entiled An Act what seales and stiles Bishops and other spirituall persons exercising jurisdiction Ecclesiasticall shall use FOrasmuch as by one branch of an Act made in the first yeare of our late Soveraign Ladie of blessed memorie Queen Elizabeth entituled an Act restoring to the Crowne the ancient jurisdiction over the state Ecclesiasticall and Spirituall and abolishing all forraign power repugnant to the same it was established and enacted That such jurisdictions priviledges superiorities and preeminences Spirituall and Ecclesiasticall as by any spirituall or Ecclesiasticall power or authority hath heretofore beene or may lawfully be exercised or used for the visitation of the Ecclesiasticall state and persons and for reformation order and correction of the same and of all manner errors heresies schismes abuses offences contempts and enormities should for ever by authoritie of that present Parliament be united and annexed to the imperiall Crown of this Realm by means whereof it may now be made a question whether any Archbishops or other Ecclesiasticall persons having since that time used or exercised any such spirituall or Ecclesiasticall jurisdiction in their owne right or names might lawfully have done or hereafter may lawfully do the same without speciall warrant and authoritie derived
immediately from your highnesse by and under your Highnesse letters patents And whereas also by a statute made in the first yeare of King Edward the sixth entituled an Act what seales and stile Bishops or other spirituall persons shall use it was ordained that all and singular Archbishops and Bishops and others exercising Ecclesiasticall jurisdiction should in their processe use the Kings name and stile and not their owne and also that their Seales should be graved with the Kings arms And forasmuch also as it must be highly derogatorie to the imperiall Crowne of this your Highnesse Realme that any cause whatsoever Ecclesiasticall or temporall within these your Highnesse Dominions should bee heard or adjudged without warrant or commission from your Highnesse your heires and successors or not in the name stile and dignity of your Highnesse your heires and successors or that any seals should be annexed to any promise but onely your Kingly seale and armes May it therefore please the King at the humble supplication of his Commons to have it enacted That the foresaid branch of the foresaid Act made in the first yeare of Queene Elizabeth her raigne and every part thereof may still remaine and for ever bee in force And to theend the true intent and meaning of the said statute made in the first year of K. Edw. the sixth may be declared and revived that likewise by the authoritie aforesaid it may be ordained and enacted that all and singular Ecclesiasticall Courts and Consistories belonging to any Archbishops Bishops Suffraganes College Deane and Chapter Prebendarie or to any Ecclesiasticall person or persons whatsoever and which have heretofore beene commonly called reputed taken or knowne to be Courts or Consistories for causes of instance or wherein any suite complaint or action betweene partie and partie for any matter or cause wherein judgement of law civill or Canon hath beene or is required shall and may for ever hereafter be reputed taken and adjudged to be Courts and judgement seates meerely Civill secular and temporall and not henceforth Ecclesiasticall or Spirituall and as of right belonging and appertaining to the Royall Crowne and dignitie of our Soveraigne Lord King James that now is his heires and successors for ever And that all causes of instance and controversies betweene partie and partie at this day determinable in any of the said Courts heretofore taken and reputed Ecclesiasticall shall for ever hereafter bee taken reputed and adjudged to be causes meerly Civill secular and temporall as in truth they ought to bee and of right are belonging and appertaining to the jurisdiction of the Imperiall crown of this Realme And further that your Highnesse Leige people may bee the better kept in awe by some authorized to bee your Highnesse Officers and Ministers to execute justice in your Highnes name and under your Highnesse stile and title of King of England Scotland France and Ireland defender of the Faith c. in the said Courts and Consistories and in the said causes and controversies Be it therefore enacted by the authorities aforesaid That all the right title and interest of in and to the said Courts and Consistories and in and to the causes and controversies aforesaid by any power jurisdiction or authoritie heretofore reputed Ecclesiasticall but by this Act adjudged civill secular and temporall shall for ever hereafter actually and really be invested and appropried in and to the Royall person of our Soveraigne Lord the King that now is his heires and successors Kings and Queenes of this Realme And that it shall and may be lawfull to and for our said Soveraigne Lord and King his heires and successors in all and every Shire and Shires Diocesse and Diocesses within his Highnesse Dominions and Countries by his and their letters patents under the great Seale of England from time to time and at all times to nominate and appoint one or moe able and sufficient Doctor or Doctors learned in the Civill Law to bee his and their civill secular and temporall Officer and Officers Minister and Ministers of justice in the same civill secular and temporall Courts and Consistories which in and over his and their royall name stile and dignitie shall as Judge and Judges doe performe and execute all and every such act and acts thing and things whatsoever in and about the execution of justice and equitie in those Courts according to the course and order of the civill Law or the Ecclesiasticall canons and constitutions of the Realme as heretofore hath beene used and accustomed to bee done by for or in the name of any Archbishops Bishops Colledge Cathedrall Church Deane Archdeacon Prebendary or any other Ecclesiasticall person or persons whatsoever And that all and every such civill secular and temporall Officer and Officers Minister and Ministers Judge and Judges in his and their processe shall use one manner of Seal only and none other having graved decently therin your Kingly armes with certaine characters for the knowledge of the Diocesse or Shire And further be it enacted c. That it shall and may be lawfull by the authoritie aforesaid for our said Soveraigne Lord the King his heires and successors from time to time and at all times to nominate and appoint by his and their Highnesse Letters Patents under the great Seale of England for every Shire and Shires Diocesse and Diocesses within his or their highnesse Dominions one or more able and sufficient persons learned in the Civill Law to be his and their Notarie and Notaries Register and Registers by him and themselves or by his or their lawfull Deputie or Deputies to doe performe and execute all and every such act and acts thing and things as heretofore â—â— the Courts and Consistories Ecclesiasticall aforesaid hath beene and â—ow are incident and appertaining to the office of any Register or Notarie And further at the humble suit of the Commons c. it may please the King to have it enacted that all and singular matters of Wills and Testaments with all and every their appendices that all and singular matters of Spousals and Marriages with their accessories that all and singular matters of defamation heretofore determinable in the Ecclesiasticall Courts and if there bee any other causes of the like meere civill nature shall bee heard examined and determined by the said civill and secular Officers and Iudges in the said civill and secular Courts according to the due course of the civill Law or statutes of the Realme in that behalfe provided And that all matters of Tythes Dilapidations repayre of Churches and if there bee any other of like nature with their accessories and appendices shall be heard examined and determined by the said civill and secular Officers and Judges in the said Civill and Secular Courts according to the Kings Ecclesiasticall Lawes Statutes and customes of the Realme in that behalfe heretofore used or hereafter by the King and Parliament to be established And at the humble suite of the Commons may it please the King to
of the Common Law before the Kings Judges and Justices of the Kings bench and Common pleas By a Statute of 32. H. 8. c 7. it is cleare that all tyths oblations c. and other Ecclesiasticall or Spirituall profits by the lawes and statutes of the Realme may be made temporall as being admitted to be abide and goe to and in temporall hands lay-uses and profits From the reason of which statute it is cleare that those lawes likewise may be reckoned amongst us for temporall lawes which by the lawes and statutes of the Realme may be executed by temporall and lay persons and which are conversant about temporal and lay causes If then the execution of the Lawes touching these matters may lawfully remaine and abide in the hands of Doctors of the Civill Law being temporall and lay persons as alreadie under the Bishops they doe it cannot be denied but that the Kings Judges and Justices of both benches may bee as competible Judges to put in execution the lawes concerning these matters as Doctors of the Civill Law or other lay men be But the causes are not reputed and called temporall and lay causes amongst us What for that if in their owne nature simply considered these causes be merely lay and temporall causes such causes I meane as whereof the King a lay civill and temporall Magistrate by his lay civill and temporall Magistracie derived unto him immediately from the holy law of God may and ought to take cognizance and thereupon either in his owne Royall person or by the person of any of his inferiour Officers may give absolute and peremptorie judgement If I say these things be so what booteth it or what wisedome is it to contend that these causes and matters have been and are still adjudged to be therefore Ecclesiasticall and no temporall causes because through an abusive speech or through a vaine and evill custome they have beene so led and accompted in times past And what if it hath pleased the Kings Progenitors by sufferance to tolerate the executions of such Lawes as concerne these things to bee in the hands and power of Ecclesiasticall persons yet hereupon it followeth not that in very deede and truth the Magistracie of the said Ecclesiasticall persons was an Ecclesiasticall Magistracie or that they were Ecclesiasticall Magistrates but their Magistracie was and remained still a temporall magistracie and they were and abode temporall Magistrates For not more can the qualitie of the person alter the nature of the cause than can the qualitie of the cause alter the nature of the person And if it be true that matters determinable in times past by a Magistracie abusively called Ecclesiasticall be notwithstanding properly temporall matters and that the same Magistracie also be a temporall and no spirituall Magistracie what a childish and poore conceit is it to challenge and threp upon the temporall Magistrate that he hath none or very few temporall lawes touching those matters and that therefore the people should not solicit an alteration of abuses in Church government left for want of temporall lawes the people should bee without Ecclesiasticall discipline It will be no small matter saith he to apply these things to the temporall law yea and so say I to But what of that The question is not how hardly these things may be applyed to the temporall law but how small a matter it were to apply the temporall law unto these things For it is not said in any law that casus ex juribus but it is said in all lawes that ex casibus jura nascuntur The temporall law may easily be applyed to causes now reputed Ecclesiasticall And indeed the Phisition applyeth not the disease to his Phisick but he prepareth his phificke for the disease The husband-man he measureth not his ground by the seed but his seed by the ground The Draper he meateth not his yard by the cloth but his cloth by the yard If in like manner the temporall lawes and the grounds and rules thereof were applyed to these matters of tythes marriages c. whereof he speaketh what more alteration could there bee of the temporall law by such an application then there is an alteration of the plummet by laying it to the stone or than there is an alteration of the rule or yard by laying them to the timber and cloth Besides he that rightly and after an exact and equall proportion can apply one rule or maxime of the temporall law to many more cases than whereupon it hath beene usually in former times applyed hee may rather bee reputed an additioner than an alterer of the Law But how may the temporall Law be applyed to those matters how even so and so as followeth By the statute of 32. H. 8. c. 7. it is declared that tythes oblations how tythes may bee recovered in the Kings temporall Courts c. and other Ecclesiasticall or spirituall profits c. being lay mens hands to lay uses be no more Ecclesiasticall but temporall goods and profits and that if any person were diseased deforced wronged or otherwise kept or put from his lawfull inheritance estate seisin c. of in or to the same by any person claiming or pretending to have interest or title in or to the same that then in all and every such case the person so disseised deforced or wrongfully kept from his right or possession shall and may have his remedie in the Kings tempoâ—al Courts as the case shall require for the recoverie of such inheritance by writ originall c. to be devised and granted out of the Kings Court of Chancery in like maner c. It is there likewise provided that that Act shall not extend nor be expounded to give any remedie cause of action or suite in the Courts temporall against any person which shall refuse to set out his tythes or which shall detaine c. his tythes and offerings But that in all such cases the partie c. having cause to demand or have the same tythes shall have his action for the same in the Ecclesiasticall Courts according to the ordinance in the first part of that act mentioned and none otherwise Now then sithence every person whether he be lay or Ecclesiasticall having right to demand tythes and offerings hath the partie from whom those tythes be due bound and obliged unto him and sithence also the partie not dividing yeelding or paying his tythes doth actually and really detaine the same and thereby doth unjustly wrong the partie to whom they be due contrary to justice and the Kings lawes sithence I say these things be so what alteration or disadvantage could befall or ensue to the Common Law or the Professors thereof if so be it might please the King with his Parliament to have the last part of this Act so to be explained extended and enlarged as that the same might give remedy in the Kings temporall Courts by writ originall to be devised and granted out of the Chancerie against
written of the common law is reported hath beene in times passed presented and punished in leets and law-dayes in divers parts of the Realme by the name of Letherwhyte which is as the booke saith an ancient Saxon terme And the Lord of the Leet where it hath beene presented hath ever had a fine for the same offence By the statute of those that be borne beyond the seas it appeareth that the King hath cognizance 25. Ed 3. of some bastardy And now in most cases of bastardie if not in all by the statute of Eliz. the reputed father of a bastard borne is lyable to be punished at the discretion of the justices of peace Touching perjurie if a man lose his action by a false verdict in plea Perjurie if punishable temporally in some cases why not in all of land he shall have an attaint in the Kings Court to punish the perjurie and to reforme the falsitie And by divers statutes it appeareth that the Kings temporall Officers may punish perjurie committed in the Kings temporall Courts And though it be true that such perjury as hath risen upon causes reputed spirituall have beene in times past punished only by Ecclesiastical power and censures of the Church yet hereupon it followeth not that the perjurie it selfe is a meere spirituall and not a temporall crime or matter or that the same might not to be civily punished By a statute of Westminster 25. Edw. 3. it was accorded that the Vsurie King and his heires shall have the cognizance of the usurers dead and that the Ordinaries have cognizance of usurers on life to make compulsion by censures of the Church for sinne and to make restitution of the usuries taken against the lawes of holy Church And by another statute it is provided that usuries shall not turne against any being â—0 h. 3. â— 5. within age after the time of the death of his Ancestor untill his full age But the usurie with the principall debt which was before the death of his ancestor did remaine and turne against the heire And because all usurie being forbidden by the law of God is sinne and detestable it was enacted that all usurie lone and forbearing of money c. giving dayes c. shall be punished according to the forme of that Act. And that every such offender shall also bee punished and corrected according to the Ecclesiasticall lawes before that time made against usurie By all which statutes it seemeth that the cognizance and reformation of usurie by the lawes of the Realme pertaineth onely to the King unlesse the King by his Law permit the Church to correct the same by the censures of the Church as a sin committed against the holy law of God Touching heresies and schismes albeit the Bishops by their Episcopall and ordinarie spirituall power grounded upon Canon law or an evill custome have used by definitive sentence pronounced in their Consistories to condemn men for heretikes and schismatikes and heresies schismes are punishable by the kings laws afterward being condemned to deliver them to the secular power to suffer the paines of death as though the king being custos utriusque tabulae had not power by his kingly office to inquire of heresie to condemn an heretike and to put him to death unlesse he were first condemned and delivered into his hands by their spirituall power although this hath been I say the use in England yet by the statutes of Richard the second and Henry the fifth it was lawfull for the Kings Judges and Justices to enquire of heresies and Lollards in Leets Sheriffs 25. h. 5. c. 14. turnes and in Law dayes and also in Sessions of the peace Yea the King by the common law of the Realme revived by an act of Parliament which before the Statute of Henry the fourth was altered may pardon a man condemned for heresie yea and if it should come to passe that any heresies or schismes should arise in the Church of England the king by the Lawes of the Realme and by his Supreme and 1 Eliz c. 1. Soveraigne power with his parliament may correct redresse and reforme all such defaults and enormities Yea further the king and his 1 Eliz. c. 1. parliament with consent of the Clergie in their Convocation hath power to determine what is heresie and what is not heresie If then it might please the king to have it enacted by parliament that they which opiniatively and obstinately hold defend and publish any opinions which according to an Act of Parliament already made have beene or may be ordered or adjudged to bee heresies should bee heretikes If it please the King heretikes may be adjudged felons and heresies felonies and felons and their heresies to be felonies and that the same heretiks and felons for the same their heresies and felonies being arraigned convicted and adjudged by the course of the common law as other felons are should for the same their heresies and felonies suffer the paines of death there is no doubt but the King by vertue of his Soveraigne and Regall Lawes might powerfully enough reforme heresies without any such ceremoniall forme papall observance or superstitious solemnitie as by the order of the Canon Law pretended to bee still in force have beene accustomed And as these offences before mentioned bee punishable partly by temporall and partly by Ecclesiasticall authoritie so drunkennesse absence from divine service and prayer fighting quarrelling and brawling in Church and Churchyard defamatorie words and libels violent laying on oâ— hands upon a Clarke c. may not onely bee handled and punished in a court ecclesiasticall but they may also be handled and punished by the King in his temporall courts By all which it is evident that the Clergie hath had the correction of these crimes rather by a The cognizance of all crimes as well as of some crimes â—â— the law of God belong to the King custome and by sufferance of Princes than for that they be meere spirituall or that they had authoritie by the immediate law of God And if all these as well as some of these crimes by sufferance of Princes and by a custome may be handled and punished spiritually then also if it please the King may all these as well as some of these crimes without a custome be handled and punished temporally For by custome and sufferance only some of these crimes be exempted from the cognizance of the King and therefore by the immediate law of God the cognizance as well of all as of some oâ— these crimes properly appertaineth unto the King And then the judgement of those men who defend judgements of adulterie slander c. to be more temporall and by the temporall Magistrate only to be dealt in seemeth every way to be a sincere and sound judgment Howbeit they doe not hereby intend that the party offending in any of these things and by the Kings law punishable should therefore wholly bee exempted and freed
the house 2 Chr. 24. of the Lord upon Balaam King Ioash commanded the Priests and Levites to go unto the Cities of Judah to gather of all Jsrael money to repaire the house of God from yeare to yeare and they made a chest and made Proclamation to bring the tax of Moses and the Princes rejoyced and brought in and cast into the chest And when there was much silver they emptied the chest and carried it to his place againe and thus day by day they gather silver in abundance If then towards the building of an earthly house the Princes and people of Judah and Israel willingly with joy of their hearts from yeare to year and from day to day threw silver in abundance into the chest how much more were it praise worthy if Christian people did encourage themselves to pay a smal tribute towards the provision of a competent maintenance for their spirituall pastours by whose labours as lively stones they might be builded up into a spirituall temple in the Lord That many and great taxes and tributes of late yeares have beene made for many uses and to many purposes there is no man ignorant thereof And therefore though there be little reason that the people standing already burdned with great charge should be againe recharged especially when without any extraordinarie burthen there is an ordinarie meanes if the same were accordingly bestowed by the people yeelded to relieve the Ministers in all places with a decent and comely portion yet notwithstanding to be eased from those publike payments and annuall grievances imposed by the Ecclesiasticall Courts upon the people is not to be doubted but the parishioners in all places would willingly pay any reasonable tax or tribute to be demanded of them for this purpose An other meanes to raise this publike treasure may be a dissolution The dissolution of Chappels may bee a good mean to raise a tribute of all free Chappels and Chappels of ease in the Countrey together with an union of two or moe Churches into one especially in Cities and great townes For as in these Cities and Townes the poorest and meanest livings bee provided so generally for the most part are they fitted with the poorest and meanest Curates as by most lamentable experience is to be seene in all the Episcopall Cities of the Realme excepting London Nay the chiefe and Metropolitane Citie of Canterbury is not to be excepted For in that Citie there being about 12 or 13 Parish Churches there hath not beene ordinarilie of late yeares above 3. or 4. able Preachers placed in the same Churches The Chappels to be dissolved and the Churches to be consolidated by two and two into one and one can be no fewer in number than one thousand at the least All which if they might be sold the money to be raised upon their sale could bee no lesse than twentie thousand pounds if they were sold only for twentie pounds a peece But if they be well worth double or treble so much then would the treasure also be double or treble This dissolution of Chappels and union of Churches is no new device nor strange innovation but hath beene heretofore thought upon and in some part confirmed alreadie by our Kings in their Parliaments Touching the dissolution of Dissolution of Chappels no new device Chappels the most reverend Father Thomas Cranmer Archbishop of Canterburie with the residue of the Kings Commissioners appointed for the reformation of Ecclesiasticall lawes alloweth of the same And Titu de eccles gard fol. 54. for the union of Churches there was an act made 27. H. 8. so they exceeded not the value o six pounds And by a statute 1 Ed. 6. it was lawfull for the Mayor and Recorder of the Citie of Yorke and the Ordinarie or his Deputie and six Justices of the peace in the same Citie to unite and knit together so many of the poor parishes of the same Cities and suburbes of the same as to them should be thought convenient to be a living for one honest incumbent And it was lawfull for the Lawfull for the Major of Yorke c. to unite Churches in the Citie of Yorke said Major Recorder and Aldermen to pull downe the Churches which they should think superfluous in the said citie and suburbes of the same and to bestow the same towards the reparation and enlargment of other Churches of the Bridges in the Citie and to the relief of the poor people The considerations which moved the King and Parliament to ordaine this act were these viz. The former incompetency of honest livings the former necessitie of taking very unlearned and ignorant Curates not able to doe any part of their duties the former replenishing of the Citie with blinde guides and Pastors the former What reasons moved K Ed. 6. to unite Churches in York may move king Iames to unite Churches in Canterbury c. keeping of the people aswell in ignorance of their duties to God as also towards the King and Common weal and lastly the former danger of the soules of the Citizens If then in these dayes it might please the King to apply like plaisters to the like sores to provide remedies for the like mischiefs and for the like diseases to minister like medicines it would come to passe no doubt in few years that the lame and the blind and the broken with a number oâ— unhallowed and unclean beasts should be swept and cast forth of all the Parochiall Churches within Canterburie Winchester Chichester Lichfield Oxford and other great Cities of the Realme For these Chappels and smaller Churches being the very Seminaries of all hirelings and idle Shepheards a Benefice can no sooner become void but the poore and hungry Chaplaines wâ—arie Chappeâ—s the seâ—inaries of hirelâ—ngs of their thin dyet and long leaping after a beane presently trudge to the Patron offering or accepting any conditions to bee presented by him And not only should the Church by this meanes bee rid of these vermine but also the learned and Preaching Minister without further aide or contribution in those places might have more liberall maintenance than erst they have had For then should they be no more constrained to deduct out of their livings by reason o Chappels yet standing and as it were annexed to their parish Churches some 10 pound some 20. pound some 30. pound by the yeare for the wages o these hirelings besides this a singular and apparant benefit could not but redound to the Common weale by the dissolution By the dissolution of Chappels many suits in law should be avoided of these Chappels when as many long tedious and changeable and uncharitable suites heretofore had and commenced should hereafter be extinguished betweene the parochians of the mother Churches and the inhabitants of Hamblets for and concerning the repaire and reedifying of the said Churches and Chappels and for other rights and duties challenged to belong from one unto the other A third meanes to
that the King chiefly desiring to sustaine the people in tranquillitie and peace and to governe according to the lawes usages and franchises of his land by the assent and expresse will and accord of the Dukes Earles Barons and the Commons of his Realme and of all other whome these things touched ordained that all they c. By which desire of the King and words of the Act wee learne that our soveraigne Lord King Iames may sustaine his people The king with the assent of the nobles and commous may repeale statutes without consent of prelates 25 Ed 3. in tranquillitie and peace and governe according to the lawes usages and franchises of his kingdome though the assent and accord of Prelates bee never required to the enacting of any statute in Parliament Nay such hath beene and yet is the power of the King that with the assent and accord of the Nobles and Commons he hath authoritie to adnull and make voide even those Acts which in favour of Prelacie and assent of Prelates have beene enacted in Parliament As by an Act made in the time of King Edward the third is plainly to be seene For whereas the King by assent of the Prelates Earles c had willed and granted for him and for his heires certaine articles firmly to be kept and holden for ever namely that the Ministers of holy Church for money taken for redemption of corporall penance nor for proofe and accompt of Testaments nor for solemnitie of Mariage c. should not be impeached c. before the Kings Justices neverthelesse the same king in the same yeare with assent of the Earls Barons and other wise men of the Realme and without assent of Prelates revoked and adnulied the same articles againe Again king Richard the second hearing the complaints of his faithfull leige people and by their clamour in divers parliaments of divers abuses crept in against the solemne and devout ordinations of Churches c at the request and complaint of the commons by the advice 3 R. 2 c. 3. 7 R. 2 c. 12. and commonassent of the Lords temporall without mention of any Lords spiritual is said to have ordained That none of the kings liege people c. should take or receive within the Realm of England any procuracie c. And in the eleventh yeare of the same kings raign it is especially provided that the appeals pursuits c. made and given in the same parliament be approved affirmed and established as a thing Act. Mo. R. 2. duely made for the weale and profit of the king and of all the realm notwithstanding that the Lords spirituall and their procurators did by protestation absent them out of the Parliament at the time of the said judgement given And the like protestation being made by the Prelates and Clergie at a Parliament holden the third yeare of the same king it was replyed for the king that neither for their said protesttation The king bound by his oath to do his laws to be made though prelates protest against him or other words in that behalfe the king would not stay to grant to his Justices in that case and all other cases as was used to be done in times past and as he was bound by vertue of his oath at his coronation By all which premises it is as cleare as the Sun shining at noon day that the Lords spirituall be so farre from making any one of the three Estates as that if it please the king they may not bee so much as any member or part of any of the three Estates at all If in the time of king Henry the eight the Lords spirituall being then more in number than the Lords temporall had beene but such principall members of the high estate of Parliament as without whom neither law could The Lords spiritual no principall members of the parliaâ—ent otherwise than as the King pleaseth have beene made Monasterie nor Priorie might have beene dissolved what could the king have done as head and the Commons have done as feet and the Nobles have done as the heart the Liver and the Longs to the dislording and discloystering of the Abbots and Priors the Monkes and the Friers of those dayes In case the Prelates with their armes and with their shoulders with their hands and with their hornes had heaved and shoved and pushed and thrusted to the contrary But to come nearer unto our owne times and remembrances if it cannot be proved that above one Lord spirituall was present in parliament and gave any assent to the enacting of statutes made in the first yeare of the Queenes Majesties raigne deceased but that it bee a No Lords spirituall present in parliament 1 Eâ— cleare case that the ancient jurisdiction preeminences rights and priviledges of the kings Crowne were restored that poperie and superstition was banished and the doctrine of the holy Gospell harboured only by the Queene the Lords temporall and commons what more plaine evidence or better prooâ—e can there be that the Lords spirituall by any necessitie be neither principalls nor accessaries neither branches nor buds nor any essentiall member of the house of Parliament And of this opinion are the soundest Historians and sincerest Divines of our age In the fifteenth yeare of King Edward the third saith Master Fox divers petitions being put up in Parliament against provisions comming Act. Mâ— fol. 320. from Rome the Kings answer and agreement was made in form following viz. It is agreed by the Kings Earles Barons Justices and other wise men of the Realme That the petitions aforesaid bee made in sufficient forme of law Where it is to be noted saith hee that at the grant hereof the consent of the Bishops is neither named nor expressed with the Lords of Parliament and yet the Parliament standeth in his full force notwithstanding At an other Parliament Act. Mo. 525. saith he William Wicham Bishop of Winchester for a slanderous report savouring of a contumelious lye and proceeding of a subtile zeale meaning falshood was so by the Duke of Lancaster pursued that by act of Parliament he was condemned and deprived of all his temporall goods And this seemeth to have beene done saith Master Fox without assent and against the wills of the Lords spirituall for afterward at an other Parliament great suite was made by the Clergie for deliverance of the said Bishop and being asked a subsidie in the Kings behalfe with great lamentation they complained for lacke of their fellow and brother of Winchester and denyed to joyne themselves in any tractation of any such matter And in another Parliament holden at Yorke in the sixth yeare of King Edward the third all such Act. Mo. 519. lawes as then passed and were concluded by the King Barons and Commons were good notwithstanding the absence or malice of the Lords Spirituall For it is recorded saith he that onely the Archbishop of Yorke the Bishop of Lincolne and the Abbots
bishops and societie against the right and freedome of the law of God against the principles of humane fellowships against that which was in the begining and against that which the Apostles left in the Churches by colour of lawes brought into the Church by the cursings and fightings of the late Romane Bishops they would not henceforth barre and seclude the Kings Christian and faithfull people from giving their consents unto their pastours Yea and we further beseech their Lordships that are schollers unto the Apostles and as servants unto the old way of reason of nature of the law of God of the equitie of Christ and of humane societie they would hereafter imbrace that way which was from the beginning which is the old way and the best way and not any longer persist in a cursed and quarrelling way which is the new way and the worst way But if the Lords spirituall of their own accord shal not readily vouclsafe to yeeld unto us this our right at our intreatie then for my part I will briefly shew mine opinion what were expedient for the A supplieation to the king by the Lords and commons for the restitution of their right in the choice of their pastors Lords and commons in open parliament dutifully to pray and to supplicate at the Kings Majesties hand Namely At the humble petitions and supplications of all his Lords temporall and commons in Parliament assembled his majestie would bee well pleased to give his Royall assent to an act to be intituled An act for the restitution of the ancient right and freedome which the people of God in the old Churches had and which the people of England ought to have in to or about the election of their Pastours and abolishing all papal power repugnant to the same For if as it is plainly confessed the people of all Churches have right and freedome by the law of God by the equitie of Christ by the grounds of reason and nature by the principles of humane fellowships and by that which was from the beginning to elect their pastours and if also the same right and freedome being left to the old Churches and especially to the Church at Ierusalem by the Apostles have beene taken away by the cursings and fightings of the late Bishops of Rome then cannot the people without violation of those lawes rules and grounds by any Episcopall power be any more excluded from their said right and freedome than could or might the ancient jurisdiction of the Crowne of England have beene still usurped by the pope from the Kings of England ADMONITION But alas the common people of England thorough affection and want of right judgement are more easily wrought by ambitious persons to give their consâ—nt to unworthy men as may appeare in all those officâ—s of gaine or dignitie that at this day remaine in the choise of the multitude ASSERTION The Admonitor in one place of his admonition telleth us that he must not put all that he thinketh in writing and yet he writeth in this place that thing which might far better have been utterly unthought than once written for could he thinke to win the common people of England to a continuall good liking of high and stately prelacie by upbraiding and charging them to their faces in a book dedicated unto them with affection and wanting of right judgement Was this the way to procure grace favour and benevolence at their hands And albeit this slander deserved rather to have beene censured by the Commons in Parliament than by confutation to have beene answered yet for the better clearing of the right judgement of the common people giving their consents to most worthy men in all offices of gaine or dignitie remaining in their hands I thinke it necessarie to shew the indignitie of this contumelie There be I confesse in London Yorke Lincoln Bristow Exceter Norwich Coventry and other principall Cities and townes corporate Majors Sheriffes Stewards Recorders Bailiffes Chamberlains Bridge-masters Clerkes Swordbearers Knights Burgesses and such like offices some of dignitie some of gaine but that the officers of these or any other places whether of dignitie or gaine be chosen by the multitude of those places is utterly untrue for onely according to their ancient customes priviledges and Charters by the chief Citizens Townsmen and Borough-masters are those officers chosen The number also of which Electors in all places is not alike In London the Aldermen choose the Lord Major In other Cities and Townes sometimes eight and forty sometimes fourteene sometimes twelve sometimes only such as have borne office as Majors Sheriffes and Bailiffs in the same places nominate and elect their new Major Sheriffs and Bailiffes But that the Aldermen principall Towns-men Borough-masters and men having born chief offices in those cities towns and boroughs have easily been wrought by ambitious persons to give their consents unto unworthy men though it have pleased the Ll. Bb. with seene and allowed to have spred and published this saying yet that the same saying is wholly unworthy of any credit to bee given unto it or to bee regarded of any wise and indifferent man let the sober and peaceable elections made of the worthies of the land hereafter mentioned be witnesses The officers in Cities and townes corporate chosen with out contention and ambitious working of unworthy men And to leave to speake of the election of the Lord Major of the Citie of London Sheriffs Aldermen Wardens of companies Chamberlains bridge-masters and other annuall officers of honour and dignitie let us consider whether the Citizens of London have beene wrought by ambitious persons to choose M. Wilbraham M. Onslie M. Bromley to be their Recorders â—ll three afterward the Queenes solicitors and M. Bromly Lord Chancellor of England and let us consider whether the same Citizens as men of affection and want of right judgement did elect to be Recorders of the same Citie M. Serjeant Fleetwood Master Serjeant Flemming Master Serjeant Drue and how Master Crooke a man wise learned and religious and a Counseller and justicer within the principâ—litie of Wales The Recorder of the towne of Bedford is the right honourable the Lord S. Iohns of Bletsoe The Recorder of Bristoll was a long time Master Poppam now Lord chief Justice of England The Recorder of Northampton before he came to be Judge in the Kings bench was Master Serjeant Yelverton a favouter of the truth and an upright Justicer The Recorder of Warnick was Master Serjeant Puckering afterward Lord keeper of the great seale And of the same towne the Recorder now is a worthy Knight descended from a noble house Sir Foulke Grevile The Recorder of Coventrie is Sir Iohn Harrington Knight a man zealous for the true feare of God The Recorder of Chichester was M. Serjeant Lewkner now chiefe Justice in the principalitâ—e of Wales The Recorder of Norwich was Master Cooke the Kings Atturney generall And who soever shall enquire after the names and after the manner of election
practice of the Primitive Church would be a meanes utterly to extinguish that schisme that remaineth yet among us that we have no Christian Ministers no Christian Sacraments no Christian Church in England Besides the Ministers for Letters of Orders Letters of Institution Letters of Inductions for Licences to serve within the Diocesse for Licences to serve in such a cure for Licences to serve two cures in one day for Licences to preach for Licences of resignation for testimonials of subscription for Letters of sequestration for Letters of relaxatâ—on for the Chancellours Registers and Somners dinners for Archidiaconall annuall and for Episcopall trienniall procurations the Ministers I say to be nominated elected ordayned approved confirmed and admitted by the Patron by the Presbytery by the People and by the King should be disburdened from all fees for these things and from all these and such and such like grievances Onely for the Kings writts and for the traveile and paines of His Highnesse Officers taken in and about the execution of the same wrâ—tts some reasonable fees as it shall please the King may be taxed and set downe The people also in soules in bodies and in their goods could not be much comforted relieved and benefited They should not henceforth to the perill of their soules have unlearned unable and undiscreete Ministers thrust upon them and set over them Neither should they bee compelled upon light occasions to take many frivolous oaths in vaine They should not bee summoned from one end of the Diocesse unto the other nor be posted from Court to Court and from visitation to visitation The Church-Wardens and Side-men of every Parish should not upon paine of excommunication be constrained once or twise in the yeare to pay six or eight pence for a sheet of threehalfepeny articles They shall not any longer out of the common treasury reserved for the poore beare the charge of their Parishes for making bills visitation and diverse other expenses There should be no more suits at Law between Clerke and Clerke about the Patrons Title no more suites of double quarrell betweene the Clerke and the Bishop no more debate betweene the Bishop and the Arch-deacon and lastly there should bee no occasion of any riots and unlawfull assemblies to bee made upon entries and possessions by vertue and colour of two presentations two institutions and two inductions into one benefice at one time The Patrons as being Lords and avowers of the Churches might have the custody of the Churches during their vacancies and their ancient right in this behalfe restored All swearing of Canonicall obedience unto the Bishops by the Ministers all 31. Eliz. c. 6. swearing and forswearing of Clerkes for any symoniacall bands promises or agreements betweene them and their Patrons and all robberies and spoyling of the Churches by the Patrons should determine and cease Especially if it might please the King and Parliament to have one clause of a Statute against abuses in election of Schollers and presentation to benefices enlarged For although every corrupt cause and consideration by reward gift profit or benefit to present be inhibited by that act yet notwithstanding by experience in many places we finde that the Patrons for small rents and for many yeeres are in possession some of the mansion houses some of the glebe lands and some of the tythes of such benefices as since the publishing of that act have beene bestowed upon Clerkes which breedeth great suspicion and jealousie in the mindes of men that the Clerke and Patron at the beginning directly or indirectly did conspire to frustrate and delude the intendement of the statute And therefore wee leave it to bee considered by the Kings Majesty and Parliament If any Clerke after confirmation A means to restrain patrons from corruption and possession to any benefice hereafter to bee made and given unto him shall willingly and wittingly suffer the Patron of the same benefice or any other person in his name or to his use directly or indirectly mediatly or immediatly to use occupy or enjoy the mansion house glebe land or other ecclesiasticall commodities or any part thereof belonging to the same Benefice In this case I say we leave it to be considered whether it were not meete and convenient that every such willing and witting sufferance by the Clerke and every such willing and witting possession use or occupation by the Patron should not bee adjudged to bee a just cause to determine the presentation to have beene first made upon corrupt respect and consideration And that therefore the Clerke ipso facto to â—ose the benefice and the Patron ipso facto to forfeite his right of Patronage to the King for the two next turnes following And these being the principall reasons and grounds of our desires wee are humbly to pray the Lords spirituall either to convince them of indignitie insufficiency and incongruitie or else to joyne with us unto the Kings Majestie for the restitution of that manner of Government which they themselves confesse to have beene practised at the beginning by the Apostles and Primitive Church but the Admonitor hath yet moe reasons unanswered against this platforme ADMONITION That every Parish in ENGLAND may have a Learned and discreet Minister howsoever they dreame of perfection no man is able in these dayes to devise how to bring it to passe and especially when by this change of the Clergie the great rewards of Learning shall bee taken away and men thereby discouraged to bring up their Children in the study of good Letters ASSERTION In some part to justifie this opinion I grant that no man is able in these dayes to devise to bring it to passe that every Parish should have a Learned and discreet Minister And why because in these dayes not any one Bishop hath afforded to ordaine one Learned and discreet Minister for five Parishes secondly because where some of the Reverend Fathers have ordained and placed in many Parishes many Learned and discreet Ministers some others of the same Fathers have againe disregarded and displaced those learned and discreet Ministers and in their roomes have placed many unlearned and undiscreet Ministers Now then if these dayes wherein so few learned and discreet Ministers and so many unlearned and undiscreet Ministers be ordained and wherein also so many learned and dâ—screet Ministers are disgraced and so many undiscreet and unlearned Ministers graced If these dayes I say were ended then albeit no perfection whereof never any one of us dreamed could be attained unto and albeit no one man were able to devise how to bring it to passe that every Parish should have a learned Minister Yet neverthelesse all good and holy meanes being used to ayme and to shoot after perfection and all good and holy men laying to their heads and applying their hearts to further this enterprise and service unto God we know that the Lord might call and make and fill with the Spirit of God in wisdome and in understanding and
and No Constitutions or Ordinances provinciall or other canons to bee alledged therefore once they were all abolished adnulled shall be abolite and of no value and such other of the same Constitutions and Canons as by the said 32. persons c. shall be approved to stand with the Lawes of God and consonant to the Lawes of this Realme shall stand in their full strength and power c. These are the words of the petition and submission c. the letter of the body of the Statute in effect is this Be it therefore enacted c. That they nor any of them from henceforth shall presume to attempt alledge claime or put in ure any Constitutions or Ordinances The King and thirty two persons have no power to examine papall canons therfore papall canons intended to bee wholly abolished Provinciall or Synodall or any other Canons And forasmuch as such Canons Constitutions c. as heretofore have beene made by the Clergie or this Realme can not c by reason of the shortnesse c. be it therefore enacted c. that the Kings Highnesse c. shall have power c. and that the said 32. persons c. shall have power and authoritie to uiew search and examine the said canons constitutions c. Provinciall and Synodal heretofore made and such of them as the Kings Highnes c. shall deeme and adjudg worthy to be continued and kept shall be from henceforth kept c. and the residue of the said Canons constitutions and ordinances provincial which the K. Highnes c. shall never be put in execution within this Realme These are the words of the body of the Law the words of the Proviso are these Provided Canons provinciall already made only on authorised by the proviso therefore no papall Canons in force that such Canons Constitutions Ordinances and Synodals Provinciall being already made which be not contrariant c. shall now still be used and executed as they were before the making of this Act till such time as they be viewed searched c. by which words of the petition body of the statute and proviso three things seeme principally to be meant and intended First an utter and absolute abolition of all Canons Constitutions Ordinances and Synodals before that time made by the Clergie within the Realme or by any forraigne power within the Realme whatsoever Secondly a view search and examination of all Canons Constitutions and Ordinances Provinciall or Synodall before that time made by the Clergy within the Realm And lastly because the Church should not utterly bee destitute of all Canons c. Provinciall or Synodall a reestablishment or reauthorisement of all such of the said Canons Provinciall or Synodall as were not onerous to the people contrariant or repugnant to the Lawes Statutes or customes of the Realme nor prejudiciall to the Kings prerogative Royall was agreed upon till the said Provinciall Canons c. were viewed searched and examined All Papall and forraigne Canon Law then before that time made without the Realme being once inhibited to be attempted alledged claymed or put in ure and by consequence adnihilated abolished and made voide unlesse the same be againe revived and reestablished remaine frustrate and adnulled still and therefore ought not to be attempted alleaged claimed or put in ure Besides it is plaine that forraign and Papall Canon Law was never intended to be reauthorised because the same Law was never committed to the view search and examination of the King and 32. persons The King therefore and 32 persons by vertue of this act not having any authoritie to view search and examine any forraign Canon Law though he and they had deemed and adjudged any part of the same Law worthy to have beene continued kept and obeyed yet neverthelesse had not the same beene of any force or validitie For only such Canons Constitutions and Ordinances Provinciall or Synodall being not contrariant onerous or prejudiciall to the King to the Lawes or to the people were reestablished as were committed Besides whereas about twenty yeares passed divers Canons Constitutions and Ordinances as well Papall as Provinciall were alleaged by him that collected an Abstract against an unlearned ministery against Dispensations for many benefices against excommunication and against Civill jurisdiction in Ecclesiasticall persons the answerer in the behalfe and maintenance of those abuses challenged the author for not having proved his intent by law in force affirming that Tit. pag. 1. 2. The answerer unto the Abstract proveth by his reasons the Papall Canon law now used to bee abolished the Canons and Lawes by him alleaged were but pretended necessary and disused lawes that they were not inspired with the life of lawes that such were fathered for lawes as bee not Lawes and that it remained by him to be discussed how many of them were to be called in truth her Majesties lawes The reason of all which his exceptions he yeeldeth to be this namely that the Author ought to have proved them not to have beene repugnant to the customes of the Realme but to have beene in use and practice before the making of the act of submission For he must prove saith the Answerer that they are not repugnant to the customes of this Realme and shew us how they have beene used and executed here before the making of the statute yea he can say that they are by law established among us Which points saith he because we learne by law quod facta non praesumantur matters in fact are not intended to be done untill they be proved so wee must still put him to his proofes and in the meane time say that he hath gaped wide to say nothing to the purpose and that in his whole booke he hath talked but not reasoned All which asseveration of this Answerer if the same be true and if this plea bee a good averment to bar the Author from having proved a learned ministerie to be commanded by the law dispensations for many benefices to be unlawfull excommunication by one alone to be forbidden and civill government to bee unlawfull in Ecclesiasticall persons then much more forcibly may this argument be retorted upon all such as claime alleage and put in ure any portion of the forraigne Canon Law For sithence it hath never yet beene proved that the forraign Canon Law used and executed at this day was accustomed and used 25. H. 8. then because wee learne by law as he saith quod facta non prae sumantur wee must still put him and his clients to their proofe and in the meane while tell them that their Advocate hath twisted for them but a bad thread when by his reason he hath untwined all their lawes and broken a sunder the bands of their government Moreover because it is not yet proved that the forraigne and Papall Canon Law is not contrariant nor repugnant to the Lawes statutes or customes of the Realme nor derogatorie to the prerogatives of the
have it further enacted That all manner of fees heretofore lawfull or hereafter by the King and Parliament to be made lawfull for or concerning the probat of Wills administration of the goods of the intestat letters of tuition receiving or making of accompts inductions to Archbishoprickes Bishoprickes Deanries Parochiall-Churches or other spirituall promotions and all other fees whatsoever heretofore lawfull or hereafter to be made lawfull for any travaile or paine to bee taken in or about the expedition or execution of any of these causes shall for ever hereafter be fees and allowances appropriated to the Judges and principall Registers of the said Courts equally to bee devided betweene them as heretofore hath beene accustomed and that the said Judges and Ministers within their severall charges shall be Collectors of the Kings tenths and subsidies granted and due by the Clergie taking for their travaile and paine in and about the same collection such fees as heretofore have beene accustomed Provided alwayes that none of the said civill and temporall Officers and Ministers nor any of them for any offence contempt or abuse to be committed by any person or persons in any wise incident to any of the said Courts and Consistories suspend excommunicate or interdict any person or persons but shall and lawfully may by authority of this present Act proceed against every offender and offenders by such ordinarie processe out of the said Register or Notaries office as is used upon a sub-paena out of the high Court of Chancerie and there upon default or contempt to proceed to attachment proclamation of rebellion and imprisonment of the partie offending as in the said high Court of Chancery is used Provided also that all appeales hereafter to bee made from all and every Court and Courts in the Shires and Diocesses of the Countrey shall bee made to the higher Courts as heretofore hath beene accustomed only with an alteration and addition of the names stiles and dignities of Archbishops Bishops and other Ordinaries unto the name stile and dignitie of our Soveraigne Lord the King his heires and successors And that upon the appeales so to be made it shall and may be lawfull for the Judges and Ministers of Justice of and in the said higher Courts to make out all manner of processe and processes and to do and execute all and every act and acts thing and things for the furtherance of Justice in the causes aforesaid as to them shalby the law seem equal right meet and convenient any law statute priviledg dispensation prescription use or custom heretofore to the contrarie in any wise notwithstanding Provided also that all and everie such Judge and Minister that shall execute any thing by vertue of this act shall from time to time obey the Kings writ and writs of prohibition of attachment upon prohibition and indicavit and not to proceed contrary to the tenour of such writ or writs in such and the same manner and form and condition as they have or ought to have done be ore the making of this act any thing in this act to the contrary notwithstanding Provided also that this act or any thing therein contained shall not extend or be interpreted to give any authoritie to the said Judges and Officers or any of them to put in execution any civill or Ecclesiasticall law repugnant or contrariant to the lawes statutes or customes of the Realme or hurtfull to the Kings Prerogative Royall And thus it may seeme to be but a small labour a little cost and an easie matter for the King his Nobles and Wisemen of the Realme to devise formes of judgement and manner of processe and proceedings without any offices or functions of the Canon law whereby the use and studie of the Civill Law and the reward and maintenance for Civilians might be furthered and increased and not utterly overthrown and taken away as the Admonitor uncivily beareth us in hand As for the alteration of the censure of excommunication for contumacy mentioned in this project we have the consent of the reverend Bishops in this admonition that the same may be altered For the Admonitor their Prolocutor speaketh on this wise viz. As for the excommunication Pag. 138. Excommunication for contumacie by the Admonitors judgement may be taken away without offence and with the good liking of the Bishops practised in our Ecclesiasticall Courts for contumacie in not appearing or not satisfying the judgement of the Court if it had pleased the Prince c. to have altered the same at the beginning and set some other order of processe in place thereof I am perswaded saith he that the Bishops and Clergie of the Realme would have beene very well contented therewith And speaking of a certain manner of civill discomoning used in the Church of Tigure he further addeth viz. Which or the like good order devised by some godly persons if it might be by authoritie placed in this Church c. I think it would be gladly received to shun the offence that is taken at the other ADMONITION And matters of Tythes Testaments and Matrimonie matters also of adulterie slander c. are in these mens judgements meere temporall c. therfore to be dealt in by the temporall Magistrate only which as yet have either none at all or very few laws touching those things therefore the common law of the Realme must by that occasion receive also a very great alteration For it will be no small matter to apply these things to the temporall law and to appoint Courts Officers and manner of processe and proceedings in judgement for the same ASSERTION Indeed we hold that all these matters wherof mention is here made Matters of tythes and other causes of like nature pertain to civill justice and all others of the like nature are merely civill and temporall and by the temporall Magistrate alone to be dealt in and to bee discussed if we consider the administration of externall and civil justice And this we thinke will be granted of all and not to be denyed of any unlesse they be too too popishly addicted In regard whereof we have drawn as before is mentioned a project how Courts and manner of processe and proceedings in judgement by Doctors of the Civill Law may be appointed by the King and his high Court of Parliament without that that the common Law of the Realme by the occasion of any such courts offices or manner of processe and proceedings must receive any alteration at all much lesse a very great alteration Howbeit if it should not please the King and that the Civilians could not finde favour in his sight by courts offices and manner of processe and proceedings in judgement before specified or by the like to have the studie of the civill Law advanced yet we thinke it convenient once again How matters of tyths c. may be dealt in by â—he Kings Iudges to be examined how these matters may be dealt in according to the rules and grounds
circumstances to be opened and made of the Testators memorie by lively testimonies either the Admonitor must condemne the kings learned and discreet Justices to bee malae mentis insanae memoriae or els it must be confessed that they be as well able to judge of the distraction of wits and unsoundnesse of memorie in a person deceased as they be to determine the question of Lunacie madnesse or idiocie in a man living If any question should arise upon the revocation of a former will of the ademption of a legacie or of a legacie given upon condition or in diem it would be no hard matter for the learned Judges upon sight of the will and proofes to be made to define which is the first and which is the last wil whether the legacie remaine or whether it be revoked whether it be legatum per rerum or in diem whether conditional or without condition And if it bee conditionall whether the same be possible or impossible honest or dishonest and if it bee in diem whether the day be past or to come But there lyeth no action at the common law for a legatorie against the executor to recover his legacie I grant But a creditor to recover his debt due by the testator upon specialtie may bring an action at the common law against the executor And then what is the cause that a creditor way recover his debt and that a legator cannot recover his legacie in the kings Court but only for that remedie could not bee given unto legatories complaynants by any writ out of the Chancery And therefore that 21 Ed. 1. statute upon the writ of consultation such plaintiffes might not be deferred of their right and remedie in such cases to their great dammage it hath pleased the kings by sufferance to tolerate the Church Officers to determine these cases Wherfore if it might please the king to cause writs to be made out of his Court of Chancerie for the recovery of Legacies it were cleare by the Common Law of the Realme as from the statute may bee gathered that the cognizance of these Cases did not appertaine any more to the Spirituall Court. For then might the legatorie by that writ bring an action against the Executor to obtaine his Legacie But how should that action bee tryed How even as other actions of debt detinue or trover bee tryed namely as the case should require either by the countrey or by the Judges upon a moratur in lege As Testaments with their adherences so likewise matters of Spousals Mariages divorces c. together with their accessories by common Matters of marriages more meete to bee decided by the Kings than by the Bishops officers right of the Imperiall Crowne did in ancient times properly appertaine to the examinations and sentences of the Emperours themselves and to their Provostes Deputies and Presidents of Cities and Provinces as by their severall titles de Testamentis Legatis Fidei commissis Nuptiis repudiis divortio dote c. in the bookes of the civill law appeareth By the Law of England also the king hath the mariage of an heire being within age and in his ward Widowes also that hold of the King in chiefe must not marie themselves without the Kings licence And by an Act made 4. and 5. Phil. and Mary there is a streight punishment provided against all such as shall take away Maidens that be inheritors being within the age of sixteen years or marry them without consent of their parents and what reason letteth them that the King might not as well have the care and cognizance of all the contracts of mariage especially of the mariage of all children and widowes in his temporall Courts as he hath of some parties to be contracted of the Dower of the joynture of the disparagment of the age of the taking away of the deflouring and of mariage without parents consent in some cases or what a very great alteration of the common law could ensue in case the Kings temporall Justices did examine and determine whether the contract were a perfect and simple or conditionall contract yea or no For if upon the statute made by Philip and Mary that maidens and women children of Noble men and Gentlemen c. being heires apparent c. and being left within age of sixteene yeares should not marry against the will or unknowing of or to the father or against c. If I say upon the publishing of this act there hath no alteration of the common law hitherto followed it is but a meere superstitious errour to feigne that a change of the Common law must follow if so be this statute were extended to all children both Sonnes and Daughters of what parentage sexe estate or age soever For if the King in his temporall Courts had the definition of all as well as of some contracts made by children without consent of parents then should a multitude of lewd and ungodly contracts made by flatterie trifling gifts faire and goodly promises of many unthrifty and light personages thereunto wonne by intreaty of persons of lewd demeanour be pronounced voide and of no efficacie yea and on the other side a number of honest lawfull and godly contracts should be confirmed and Much a doe in the Ecclesiasticall Courts about accipio accipiâ—m remaine in their full strength and force which now upon certaine frivolous and trifling quiddities and nicities of words and sillables are pronounced in the Ecclesiasticall Courts to bee no contracts And in good earnest is there now a dayes any soundnesse of reason at all to be heard amongst the Doctors and Proctors of those Courts where they informe out of the Canon law in these cases For doth not their whole dispute and information rest principally whether the contract be made by words of the present or of the future tence whether it be made with an oath or without an oath yea and do they not exceedingly besweat and besmyre themselves by turning and returning by folding and unfolding their great and hydeous volumes for proofe and reproof of accipio accipiam yea and sometimes of letters and accents If the young man and maide having both of them their parents consent shall answer only in the future tence I will have thee or I will take thee or I am content to take thee or I will have none other but thee or if ever I marry I will marry thee and do not answer directly I do take thee to mine husband or I do take thee to my wife oh it is a world to see and a wonderment to behold what canvasing heaving and shoving what a stirre quoyle and garboile the Canonists make about the lifting and removing of these fethers And whatsoever the holy Scriptures have determined of the necessitie of parents consent or of what necessitie likewise soever the “ Institu de nup. S. 1. civill law hold the consent of parents to bee yet in the Ecclesiasticall courts
against us that we which urge the same holy law for the bringing in of the discipline by pastors and elders should notwithstanding contrary to the same law intend the leaving out or altering any one of the three estates But which of the three estates was it that he meant should bee left out I trow there is none of the state of prelacie so ill advised as to take upon him the proof of this position viz. That the Lords spiritual The state of the prelacie is not one of the three estates in parliament by themselves alone doe make one of the three estates or that the statutes of England to this day have stood by their authorities as by the authoritie of those who alone by themselvs are to be accompted one of the three estates For if that were so how much more then might the great Peeres Nobles and temporall Lords challenge to make by themselvs an other estate And without contradiction to this day the commons summoned by the kings writ have ever been reckoned a third estate Now then if statutes have hitherto stood by authoritie of the Lords spirituall as of the first estate by the authoritie of the Lords temporall as of the second estate and by authoritie of the commons as of the third estate I would gladly be resolved what accompt the Admonitor made of the Kings estate It had not beene liegnes nor loyaltie I am sure howsoever hee spake much of the Lords spiritualls dutie and fidelitie in the execution of our late Queenes lawes to have set her Royall person authoritie and state behind the lobbie at the Parliament doore Either the kings Royall person then as not comprised within the compasse and circumcription of the three estates by his meaning which had beene but a very bad meaning must be thought to have beene hitherto secluded from authorizing the statute lawes made in Parliament Or els it is a most cleare case that the Lords spirituall themselves alone do not make any one of the three estates And what matter then of more weight may it happily seeme to be to alter the authoritie of the Lords spirituall and to leave them out of the Parliament when as notwithstanding they being left out the statutes of England may remaine and continue by authoritie of the three estates And it were not amisse for the Lords spirituall to consider that the bodie and state of the weale publike both now is and ever hath beene a perfect entire and complete bodie and State without the bodie and state of Prelacie and that the King and Nobles and Commons of the Realme without Prelates Bishops or Clerkes doe make up all the members and parts of the bodie and of the state and may therefore ordaine promulg and execute all manner of lawes without any consent Anno 36. h. 8. fo 51. h Anno m. j. fo 93. â— approbation or authoritie yeelded unto the same by the Bishops spirituall or any of the Clergie And thus much our Divines Histories and Lawes do justifie Sir Iames Dier Lord chiefe Justice of the Common pleas in his reports telleth us that the state and bodie of a Parliament in England consisteth first of the King as of the head and chiefe part of the bodie secondly of the Lords as principall members and lastly of the Commons as inferiour members of that bodie By a statute of provisoes it appeareth That the holy Church of 25. Ed. 3. holy church founded in the state of prelacie by the King England was founded into the state of prelacie within the Realm of England by the grand father of King Edward the third and his progenitors and the Earles Barons and other Nobles of the Realme and their Ancestors for them to informe the people of the law of God and to make hospitalities and almes and other workes of charitie in These uses are changed to the keeping of great horses great troopes of idlers wiâ—h long haire and great chaines of gold 6 Eliz. c. 1. The King bound to do lawes made without assent of prelates to bee kept as lawes of the realmes the places where the Churches were founded From whence it followeth First that the Archbishops and Bishops only and alone doe not make of themselves any state of prelacie but that the whole holy Church of England was founded into a state of Prelacie Secondly it is plaine that the Kings of England before they and the Earles Barons and other Nobles and great men had founded the holy Church of England into a state of Prelacie ought and were bounden by the accord of their people in their Parliaments to reforme and correct whatsoever was offencive to the lawes and rights of the crowne and to make remedie and law in avoiding the mischiefes dammages oppressions and grievances of their people yea and that the Kings were bound by their oathes to doe the same lawes so made to bee kept as lawes of the Realm though that thorough sufferance and negligence any thing should at any time be attempted to the contrary For whereas before the statute of Caerlile the Bishop of Rome had usurped the Seignories of such possessions and benefices as whereof the Kings of the Realme Earles Barons and other Nobles as Lords and Avowes ought to have the custodie presentments and collations King Edward the first by assent of the Earles Barons and other Nobles and of all the communaltie at their instances and requests und without mention of any assent of the state of prelacie in the said Parliament holden at Caerlile ordained that the oppressions grievances and dammage sustained by the Bishop of Romes usurpation should not from thenceforth be suffered in any manner And forasmuch as the grievances and mischiefes mentioned in the said Act of Caerlile did afterward in the time of King Edward the third daily abound to greater dammage and destruction of the Realm more than ever before and that by procurement of Clerks and purchasers of grace from Rome 31 Ed. 5 sta of â—â—ering the said King Edward the third by assent and accord of all the great men and commons of this Realme and without mention of any assent of Prelates or Lords spirituall having regard of the said Act of Caerlile and to the causes conteyned in the same to the honour of God and profit of the Church of England and of all this Realme ordained and established that the free elections of Archbishops Bishops and all other dignities and benefices elective in England should hould from thenceforth in the manner as they were granted by the Kings progenitors and founded by the ancestors of other Lords And in divers other statutes made by King Edward the third it is said that our soveraigne Lord the King by the assent of the great men and all the Commons hath ordained remedie c. That it was accorded by our Soveraigne Lord the King the great men and all the commons 36 Ed. 3. c. 6 8 Ed. 3. 3. statute of provisours
the bishops And therefore in the finding and having of one pastour in every parish they and wee differ not But that men of occupations only should be chosen Seniors and Deacons in every parish or if Seniours and Deacons were men of occupations in any parish that they should be all found of the parish we utterly disclaime as an absurditie of absurdities And yet wee deny not but in Cities and great townes wherein for the most part men of trade doe inhabit that Seniours and Deacons must of necessitie be men of occupations Vnlesse then an occupation must of necessitie hinder men from being faithfull religious and godly men there is no reason to inforce that men of occupations in cities and What kind of men ought to be chosen seniours and Deacons great towns should not be chosen Seniours and Deacons And as for Countrey parishes wherein very few or no men of occupations doe reside this objection is altogether idle In which parishes also we affirm that men of greatest gravitie integrity wisedome faith and godlinesse ought to be chosen Seniours and Deacons And wee doubt not but all such men as whom we intend ought to bee chosen Seniours and Deacons whether dwelling in Cities and Townes or in the Countrey would be as ready as willing and as watchfull prudently to imploy themselves hereafter in matters of the Church as now either themselves or their equals are busied in matters of their corporations or common weal without any manner of contribution to be yeelded towards their finding When the people of Israel were commanded to pay their tythes first fruites and other oblations unto the Priests and Levites for their attendance and service in the Sanctuary we do not read in the whole book of God that they were injoyned to be helpers and contributers to the reliefe and sustentation of the Captaines over thousands of the Captaines over hundreds nor of the Elders and governours placed citie by citie for the affaires of the King And therefore sithence wee have neither precept nor president that all the officers of the Church should be found at the costs of the Church and sithence also as well in Countrey parishes as in Cities and townes to the praise and glory of God be it spoken wee have many able wealthy and substantiall persons who have given their names unto Christ what necessitie is there that any such Seniours and Deacons should bee elected as have need to be relieved and supported by a common purse And Church-wardens and sidemen are not found at the charges of the parishes had the Admonitor well and advisedly pondered that our Church-wardens and Sidemen who carry a semblance of governing Seniours that our Collectors also for the poore who justle out the Deacons being all of them men of occupations poore husbandmen or day labourers and being not â—ound of the parish are notwithstanding ofâ—entimes in the yeare troubled and turmoyled from one end of the Diocesse unto the other and that which is more from attendance upon their day labour husbandry and occupations to wait and to attend not upon matters of the Church but upon money matters pertaining to the officers of the Bishops consistorie Had he I say wisely and sincerely considered these things he would certainly not once have mentioned this so silly and simple a suggestion But quite and cleane to cut off at one blow all the skirts of the coate of this silly bulbegger that the very buttocks of it may be bare and that the Church may see there is no such burthensome Charge to be laid upon her as is fained the grave and godly judgement and policie of King Edward The judgment of K. Ed. 6. commissioners touching Elders and Deacons the sixth his Commissioners authorized to compile a booke for the reformation of lawes Ecclesiasticall according to an act of Parliament in that behalfe provided shall rise up for us and plead the truth and equitie of this our sayings The commissioners names were these viz. The most reverend Father Thomas Cranmer Archbishop of Canterbury Thomas Bishop of Ely Richard Cox the Kings Almoner Peter Martyr professor of Divinitie William May Rowland Taylor Doctor of the Law Sir Iohn Cheeke Iohn Lucas Richard Godericke M. Hadon and others All which reverend learned Titul de divinis officiis c. 10. f. 45. and religious men as with one voice and accord speake one thing so thus and thus they speake Evening prayer being finished wherunto all shall be attendant after sermon in their owne Chuâ—ches the chiefe Minister whom they call parochies and the Deacon if happily they shall be present or they being absent let the Ministers Vicars and Elders so the Archbishop of Canterbury afterwards a godly Martyr and Bishops can skil of the name of Deacon and Elders with the people confer about the money put apart to godly uses how the same may be best imployed And let the Dâ—scipline lo these sage Counsellers were all Disciplinarians be reserved untill that time For they whose frowardnes hath been publike and tending to the common offence of the Church let such be recalled to the acknowledgement of their faults and let them publikely for the same bee censured that the Church by their wholesom coertion may be brought in good frame Afterward let the Minister going a part with some of the Elders take counsell how the others whose manners are said to be lewd and whose life is said to be full of mischiese may first according to the commandement of Christ in the Gospell come together and be communed with by sober and discreet men and with a certaine kinde of brotherly love By whose admonition if they shall reforme themselves thankes are diligently to bee given unto God But if they shall proceed forth in their wickednesse they are to bee bound with that sharpe paine which by the Gospell wee know to bee prepared for contumacie And when the force and vehemency of excommunication shall bee shaken first let the Bishop be sought unto who if hee shall consent and oppose his authoritie let the forme of excommunication bee dispatched before the whole Church that we may bring in as much as may be the ancient Discipline Thus much have these most Christian Disciplinarians and renewers of the ancient Discipline by Pastours Elders and Deacons both written and spoken And yet have they founded never a word to the finding of Elders and Deacons by the Parish nor by having men of occupations to leave their businesse to attend upon matters of the Church For men thus meeting together once only in the week and that upon the Lords day and that only within their own parishes and without payment of any fees may very wel notwithstanding these attendances give themselves wholly all the weeke following to their ordinary vocations And therefore against his not able to finde one tolerable Minister much lesse to finde a Companie c. I conclude thus No Parish in England shall be burdened to find so much as one
trouble and expence yea and with greater priviledge than he did before Thus therefore touching the office and person of the King the duetie of the Presbyterie and people the right of the Patron and the person of the Minister to be ordained thus and thus we say and thus and thus as we think may our sayings well stand with lawes setled By an act primo Eliz. c. 1. the King hath full power and authoritie by Letters Patents under the Great Seale of England when and as often as need shall require as he shall thinke meete and convenient and for such and so long time as shall please his Highnesse to assigne name and authorize such person or persons being naturall borne subjects as his Majestie shall thinke meet to exercise use occupie and execute under his Highnesse all manner of jurisdictions priviledges and preheminences in any wise touching or concerning any Spirituall or Ecclesiasticall jurisdiction within this Realme of England Againe by the booke of ordeyning Bishops Priests and Deacons it is prescribed that the Bishops with their The Bb. and Priests must lay on their hands Priests shall lay their hands severally upon the heads of every one that receiveth Orders that every one to be made a Minister must be of vertuous conversation and without crime sufficiently instructed in the holy Scriptures a man meet to exercise his ministerie duely that he must be called tried and examined that he must be presented by the Archdeacon and be made openly in the face of the Church with prayer to God and exhortation to the people And in a statute made 21. of King Hen. 8. it is affirmed That a Bishop The Bishops must use six Chapleins at giving of orders must have sixe Chaplaines at giving of orders Besides by an ancient and lowable custome the Parishes and Parish Churches within every Archdeaconrie remaine unto this day distributed into certaine Deanries the Parson or Vicar of the auncientest Church commonly called the Mother Church of the Deanrie unlesse by Every Archdeacon divided into Deanries consent some other be chosen by the Ministers themselves hath the first place and is the chiefe director and moderator of whatsoever things are propounded in their Synodall meeting which Minister also is called Archipresbyter or Decanus curalis according to the appellation of the chief Minister of the mother or chief Church of that Diocesse who is called Archipresbiter or Decanus cathedralis so that unto this day these Ministers meeting at the Archdeacons visitations once in a yeere at the least there remaineth in the in the Church of England a certaine image or shadow of the true ancient and Apostolicall conference and meetings Wherefore from these lawes and from this ancient manner of the meetings of Ministers and of having one principal and chief Moderator amongst them according to the Apostolicall practice and usage of the primitive Church thus already setled in the Church of England wee humbly leave it to be considered by the Kings Majestie First whether it were not meet and convenient for his Highnes by his letters patentes under the great Seale of England to assigne A Minister to be ordained by the Bishops and a â—ompany of Ministeâ—s at the Kings commandement name and authorize the Bishops and six or moe Ministers within every Deanerie continually resiant upon their benefices and diligently teaching in their charge to use and execute all manner of jurisdiction priviledge and preheminence concerning any spirituall ordination election or institution of Ministers to be placed in the Parochiall Churches or other places with cure of soules within Secondly when any Parish Church or other place with cure of soules shall be voide whether it were not meet and convenient that the auncients and chiefe Fathers of that place within a time to be limited for that purpose should intimate the same vacancie unto Vacancie of a benefice to be intimated tâ— the Kingâ— office the office of the Kings civill Officer appointed for that Shire or Diocesse to the end the same Officer by authoritie from the King might command in the Kings name the Bishop and other Ministers to elect and ordaine and the people of the same place to approve and allow of some able and godly person to succeede in the Church Thirdly the Patrone if the same be a common and lay person A Lay patrone insteed of varying his Clerk may present two Clerks at one time having now libertie to vary his Clerk if he be â—ound unable whether it were not meet and convenient to avoide all manner of varying that within the time perâ—â—xed hee should nominate at one time two Clerks to bee taken out of the Uniâ—ersities or other Schooles and Nurseries of the Prophets and that the same nomination be made unto the Bishop and the said sixe Ministers to the end that both the Clerkes being tried and examined by them the abler of the two might be preferred to that charge And of this manner of presenting two Clerkes by the Patrone we have a president not much unlike in the statute for nomination of Suffraganes By which act every Archbishop and Bishop desiring to have a Suffragane hath libertie to name and present unto the King two honest and discreet Spirituall Persons c. that the King may give to one such of the said two Spirituall Persons as shall please his Majestie the title name stile and dignitie of a Suffragane Fourthly the Bishops and Presbyters having thus upon triall and A Minister found able for gifâ—s is to be sent to the parish that his life may be examined and to have the consent of the people examination found one of the Patrones Clerks to be a fit and able man to take upon him the executioÌ„ of the Ministery in that Church whether it were not then meet and convenient that by them he should forthwith be sent to the same Church as well to acquaint the people with their judgement and approbation of his gifts and abilitie to teach as also that for a time he should converse and abide amongst them to the end his life manners and behaviour might be seen into and enquired after by their carefull endeavours Fiftly the people within a time to be perfixed not making and proving before the Magistrate any just exception against his life A man allowed for gifts and Conversation is to be ordained with prayer fasting and laying on of hands A Minister to be inducted into thâ— Church bâ— the Kinâ—â— Writ manners and conversations whether it were not then meete and convenient that the Bishop with sixe â—ther Ministers or moe of the same Deanrie authorized by the King as aforesaid under some paine and within a certaine time should be bound in the presence of the Elders and people and in the same Church with fasting prayer and laying on of hands to ordaine and dedicate him to the Ministerie and Pastorall charge of that Church Lastly these things being thus finished whether it were not
nor only the probate of Wills and granting of administrations but also the cognisance of Ecclesiasticall crimes with power to use the Ecclesiasticall censures Yea and this authority of the execution of Ecclesiasticall censures have those Deanes either long since by some papall priviledges obtained or else by long use prescribed against the Bishops Whereby againe it is cleerely convinced that Episcopall excommunication used in the Church of England is not of divine Institution but only by by humane tradition For were it of divine right then could the same no more bee prescribed or by papall immunity bee possessed than could these Deanes prescribe power or be enfranchised to preach the word or to administer the Sacraments These things have we thus at large and more fully intreaâ—ed of to the end that the Kings Highnesse and His Parliament and all sorts of people might well understand how it is not altogether an unusuall and unaccustomed thing in the Church of England that private and inferiour ministers as they call them in their owne right and in their owne parochiall Parishes without any authority from the Bishop should exercise even the highest censure of the Church And that in sundry places of the Realme there is no preeminence in the matter of the execution of the censures attributed to a Bishop above a Minister Nay which is more than is attributed to a Bishop No more prcheminence given to a B than to a Minister or to a lay man in some places for the use of excommunication above a Lay man yea than to such a lay man who is authorized onely by a lay man to his office Which is evident by Ecclesiasticall jurisdiction and censures exercised a long time by Lay men in the peculiar jurisdictions of Newton Gronbie Anstie Soke of Rothely Evington and other parishes and Hamlectes in the Countie Leycester The Officers of all which places for their spirituall authority having not had any other warrant than such only as hath beene signed sometimes under the hand and seale of the right Honourable the Earle of Huntingdon deceased sometimes of the Honourable Sir Henry Grey Knight sometimes of Henry Skipwith Esquire and sometimes of others For the avoyding therefore of sundry intolerable inconveniences which hetherto hath ensued for want of that authority which the Law setled doth enable every Minister with It is most expedient that all humane authority in the execution of spirituall censures bee utterly taken away and that the divine and Evangelicall censures of Christ bee ministred in every Congregation where learned and godly Pastors with discreet Elders may bee had as from the minde of the Lord they were executed in the Apostolicall and Primitive Church I had almost forgotten to speake of one common and usuall kinde of jurisdiction spirituall in the use of the censures of the Church by the Archbishops which in cases of their Prerogative they have prescribed against the Bishops over the Presbyters and people of every Bishops Diocesse and Archdeacons jurisdiction within their provinces of one other common and usuall kinde of pretensed spirituall jurisdiction and use of the censures which the Archbishop and sometimes the Deane and Chapter sede Archiepiscopali or sede Episcopali vacante exercise and lastly of that spirituall kinde of jurisdiction and censures so called of the Church which Suffraganes and Archdeacons have and doe use As touching which supposed spirituall power both of the Archbishops and Archdeacons because the same their power doth not only belong unto them jure consuetudinario non scripto by unwritten and not by written Law I must conclude against the jurisdiction of the Archbishops Prerogative and against the Archdeacons jurisdiction in all cases as out of St. Cprian King Henry the eighâ— concluded against the Pope viz That their authorities can not bee from Christ Because Christ said ego sum via veritas vita He never said ego sum consuetudo Touching the jurisdiction of the Deane and Chapter the papall Law being abrogated how the same may lawfully now bee used otherwise than by sufferance and consent of the King and Realme I know not But of all spirituall authority exercised at this day in the Church of England the same seemeth to draw most neare to the semblance of the government practised by the Apostles and Primitive Church And might be approved in many points if so be the Deane â—nd Chapter being as it were a Senate of preaching Elders did no more commit the execution of their Ecclesiasticall juridiction to the wisdome of one Vicar generall or principall officiall than they doe put over the leassing of their Lands or dividents of their rents to the only discretion of one of their Bayliffes or Stewardes As for Bishops Suffraganes in England and in Wales how many there may be and what Cities and Townes are to be taken and accepted for their Seas it is at large expressed in a statute made for the nomination of Suffraganes By which statute also wee are given to understand that it remaineth onely in the disposition and liberty of every Archbiâ—hop and Bishop within this Realme c. to name and elect two honest and discreete spirituall persons being learned and of good conversation and them to present unto the King by their writing under their Seales making humble request to give to one such of the said two persons as shall please His Majesty such title name stile and dignity of Bishop of such Seas specified in the said act as the Kings Highnesse shall thinke most convenient for the same so it bee within the same Province whereof the Bishop that doth name him is Besides after such title stile and name given by the King it is said that the King shall preseâ—t every such person by his Letters Patents under his great Seale to the Archbishop of the same Province wherein the Towne whereof he hath his title name stile and dignity of Bishop and that the Archbishop shall give him all such consecrations benedictions and ceremonies as to the degree and office of a Bishops Suffragane shall be requinte It is further enacted and provided that every person nominated elected presented and consecrated according to that act shall be taken accepted and reputed in al degrees and places according to the stile title name and dignity that he shall be presented unto and have such capacity power and authority honour preeminence and reputation in as large and ample manner in and concerning the execution of such Commission as by any of the said Archbishops or Bishops within their Diocesse shall bee given unto the said Suffragane as to Suffraganes of this Realme heretofore hath beene used and accustomed And that no Suffragane made and consecrated by vertue of this act shall take or receive any manner of profits of the places and Seas whereof they shall be named nor use have or execute any jurisdiction or Episcopall power or authority within their said Seâ—s c. but onely such profits jurisdiction and authority as shall