any such pencion is not payable vnlesse the party presented be made vnsit to serue in the ministery And that therfore as this ought to be done so the other ought not to be left vndone For the Law in two respects and for two considerations requireth both the one and the other to be done First the Law willeth euery one admitted vnto orders to haue for his present mayntainance and reliefe in the ministery some true lawfull and certayne title in and vnto some ecclesiasticall benefice As both the law it selfe in these words some Church stipends of clearkly warfare an ecclesiasticall benefice in an ecclesiasticall benefice ecclesiastical benefices a competent benefice Glos dict c. epis vers .. titulo also the glosse other expositors do manifest define a title to mean some ecclesiastical benefice Secondly the law requireth that euery one admitted vnto orders hauing for his present reliefe some ecclesiastical benefice should also haue some other title vnto some annual rent or pention wherby he might be releeued in case he were not able thorough infirmity sicknes or other lawful impediment to execute his ecclesiastical office and function The reason whereof is this Extra de renuncia c. ad supplicationem Adeuitandum vituperium ministerii To auoid the obloquy of the ministery Both which kinde of titles the bishops them selues by there canons of discipline published 1571. haue what in them lay against themselues ratified and confirmed Touching the first the byshop say they shall lay his handes on none at anye other time but when it shall chaunce that some place of ministration is voyde in the same Diocesse And if some place of ministration as they say must be voyde before a Bishop may lay his hands vpon any then must the partye say I to be ordayned haue some place of administration committed vnto him and so then some present prouision made for him in the ministery namely some ecclesiasticall benefice whereby I say an vncertayn vnlawfull and feyned title vnto some stipendary curatship only is not ment but such a certayne lawfull and true title in deede as whereby he might be able continually conueniently and decently without gadding to fro or without any obloquy or reproche vnto the ministerye prouide things necessary for the mayntainance of him selfe and his family And as it is flat agaynst the Lawe of the Lord that any shoulde bee admitted vnto the ministery not able to doe the message of the Lord so is it also expresly against the lawes of our gouernment that any shold be made a minister to serue onely as a stipendarye Curate Neither did the synagogue of Rome euer admit anye suche office by their canons only by popish customes thorough negligence of popish Prelates such disorders abuses haue crept into the same Touching the second kinde of Title before mentioned the Byshop saith our ecclesiasticall synode 1571. shal lay his hands on none henceforward but on such as haue some title as they call it whereby he may liue if by God his sufferaunce hee become blinde or fall into greeuous sicknesse of the body or into a continuall languishing disease And therefore out of these decrees and the former act of Parliament I conclude thus 1 All decrees canons constitutions and synodalles prouinciall not contrariant or repugnaunt to the lawes of the realme nor derogatory to her highnesse prerogatiue that were in force 25. of Henry 8. are by the statute of Primo Eliza. now in force 2 But all the decrees canons constitutions and sydalles prouinciall before specified excepting the Canons made 1571. were in force 25. of H. 8. and are not contrariaunte or repugnaunt to the Lawes of the Realme nor derogatory to her highnesse prerogatiue 3 Therfore these former decrees are now in force And if so then our Byshops by the same Canons compellable to prouide a present a certaine and a competent stipend for euery such Minister and Deacon as whome not hauing anye conueniente ecclesiasticall Benefice or place of Administration eyther they or their predecessours haue contrary to the olde and their owne new Canons made and ordeined or hereafter shall make and ordayn a Minister or Deacon FOr were it so that the Predecessours of our Bysh deceased were onely culpable herein yet notwithstanding our Bysh nowe liuing are in this case aunswerable for their successours default Extra de prebend cū secundū Panor in c. vlt. de aetat qualit nu 1. Glos lib. 6. de preb c. si episc vers ad premissa Extra de for comp c. penult ff de transac l. cum Hii Huius prouisionis obligatio transit ad successorem The band of this prouision passeth vnto the successour and is lyable agaynst him Ordinatus ad sacros sine titulo acquirit sola ordinatione contra ordinatorem obligationem vt eum compellat ad prouidendum de beneficio And this rule is so certaine and vnfallible as in case a Clearke ordeyned vnto holy orders without a Title promise the By. that he will not molest him touching the same that yet the same Clearke notwithstanding anye such disclayme may bring his action agaynste the Bysh and recouer eyther an Ecclesiasticall benefice or sufficient mayntainaunce out of his reuenewes For this right is Ius publicum may not be remitted It is also a right wherby releefe is prouided for maintaynance of life but Alimenta pacto alimentarii non tolluntur Nonrishments are not taken away by a couenaunt of him that is to bee nourished to the end the common Treasury or common weale bee not consumed or burdened with extraordinary and vnlawfull impositins And againe Eztra de simo c. penult If any shall ordayne or present one vnto orders taking of him an oth that he will not disquiet him about his prouision let the ordaynor and presentor know that the ordaynor from conferring againe the presentor from the execution of his orders is suspended for the space of three yeares And besides let the ordayned vnderstande him selfe to be suspended from his office so receiued vntill he shall deserue to be restored by the Apostolicke sea The reason whereof is this namely because euery such oth is luramentum turpe a filthie oth and therefore not obligatorie and beeing the accessorie no more auaylable then the principall Neither may it serue for any excuse vnto a bishop that the partie ordayned affirme him self to be contented with some small title or portion bestowed vpon him in case the sayde title be not in deed sufficient for the maintenaunce of his necessitie Extra de simo c. penult Quia precauendum est indecentiae clericali item huiusmodi renunciatio expressam simoniam induceret Because the vndecency of Clearkes is to be foreseene also such a disclayme should induce manifest simonie Moreouer if a bishop ordayne a Cleark and bestow vpon him a competent benefice which afterwardes is euicted from him in this case also the bishop after the sayde euiction is bound to
AN ABSTRACT OF CERTAIN Acts of parliament of certaine her Maiesties Iniunctions of certaine Canons Constitutions and Synodalles prouinciall established and in force for the peaceable gouernment of the Church within her Maiesties Dominions and Countries for the most part heretofore vnknowen and vnpractized Cod. de Epis Cler. l. Nulli licere ¶ Neyther let them feare to be called and suspected pick-thankes seeing their faythfulnesse and diligent trauell carrieth with it as well praise as honestie and godly zeale hauing published the trueth to the eares of all men and brought it to the open light PROVER 31. 8. Open thy mouth for the dumbe in the cause of all the children of destruction To the Christian Reader THou hast seene beloued by long experience a lamentable contention to haue growen and continued in our English Church about reformation of Ecclesiasticall discipline and popish ceremonies whereby the quiet peaceable estate both of the Church and coÌ„mon wealth haue been shrewdlie troubled and brought in hazarde The causes of which warre and dissention I leaue to the good consideration of thy godly wisedome onely I am to intreat thee to accept this my labour bestowed vpon the study of the lawes appoynted for the gouernaunce of the same Church hoping that by the authoritie of hir excellent maiestie and the counsayle of the honorable fathers gouernours of her highnes empire they may hereafter not only be better executed but also if the case so require be reuisited For were the same Lawes either better knowen vnto the whole church either better executed by those vnto whome our gratious Soueraigne hath committed their Execution no dout but very many notable points of such controuersies as haue beene a long time amongst vs woulde be easily speedily by the same laws decyded I am not beloued in this so waighty a cause absolutely to rest my selfe vpon the skill of mine own simple iudgment onely according to the knowledg giuen vnto me I haue for my part faithfully laboured to cite the lawe for that end purpose wherunto I take the same to haue beene first ordeined And therfore I am heartilye to desire thee to accept of this my labour trauail vndertaken not onely for the defence of her highnesse Lawes but also for my brethren and neighboures sakes and that peace and prosperity mighte bee within the walles and pallaces of Ierusalem Farewell and pray in thy spirit for the preseruation of the life of our gratious Queene Elizabeth An Abstract of certaine Actes of Parliament of her Maiesties Iniunctions Canons and Synodals Prouincial established and in force for the peaceable gouernement of the Church within her Maiesties Dominions heretofore for the most part vnknowen and vnpractized BY an act of Parliament made the 25. H 8. C. 19. intituled An act concerning the submission of the Cleargie c. It was enacted as followeth Prouided also that such Canons constitutions ordinaunces and Synodals prouinciall being alreadie made which be not contrariant nor repugnant to the lawes statutes and customs of this realm nor to the domage or hurt of the kings prerogatiue royal shal now stil be vsed executed as they were before the making of this act c. This act is reuiued 1. Eliza. ca. 1. Out of this act I conclude that al Canons constitutions ordinances and synodals prouincial made before this act requiring and commanding a learned Ministery prohibiting many benefices to be giuen to one man prohibiting ciuil iurisdiction to be in Ecclesiasticall men and prohibiting one man to excoÌ„municate for that such Canons c. cannot be contrary or repugnant to the lawes of this realme nor hurtfull to the kings prerogatiue are in force ought to be executed and therefore by this act all the Canons specified in any part of my treatise are in force so by vertue of this act a learned ministerie commanded Plurallities forbidden c. A learned Ministerie commanded by the Lawe Ex De elect Cap. Nihil est NIHIL EST c. There is nothing that may hurt more the Church of God then that men vnworthie are taken to the gournment of soules We therefore willing to applie a medicine to this disease decree by an inuiolable constitution that when any shal be chosen to the gouernment of soules he to whome the confirmation of his election appertayneth diligently examine both the processe of the election and the person elected to the ende that if all thinges concurre aright he may confirme him in his function For otherwise if any thing shall be vnaduisedly attempted not onely â—e that is vnworthily promoted but also the vnworthie promoter him selfe shall be punished and if any man shall approoue any of insufficient learning of an vnchast life or not of lawful age when his negligence herein shal appeare we decree him to be punished thus not onely that he be â—uite depriued of power to confirm the next successor but least by any meanes he might scape vnpunished that he be also suspended from the commoditie of his owne benefie Out of which constitution these conclusions may briefly thus be gathered 1 Whatsoeuer is hurtfull to the Church of God the same is to be forbidden 2 But it is hurtful to the Church of God to haue vnworthie men takeÌ„ to the gouernment of soules 3 Therefore the same is to be forbidden 1 He that cannot worthily execute his office is â—ot to be admitted to holy orders and Eccleâ—…asticall dignities 2 But a man of insufficient learning of vnhonest coÌ„uersation can not worthily execute his office 3 Therefore such a one is not to be admitted to Ecclesiasticall dignities IF any iudge the meaning of this Chapiter to bee onely of superiour Prelates as Archbishops bishops Abbotes or such like elected by some common society of canons Monkes Friers or collegiat Priests because of these words Election Confirmation properly applyed to such not to inferior Ministers which are properly sayd to be presented and instituted then is such both diligently to marke the reason of the decree prouiding a remedie against the detriment that might redounde to the Church in both cases if for both remedie were not before hand prouided And also to vnderstande that the name of Prelate is by law attributed likewise to euery Parson and Vicar hauing cure of soules D. ex de cleric aegrotant c. sua glos lynd Consti de sacra iterand c. ignorantia vers prelati Quia quilibet qui praeest curae animarum dicitur esse Prelatus Euery one that is preferred to the cure of soules is named by this name Prelate And also that election and confirmation in and to the superiour functions haue but the very same effect to the obtaining of their promotions that presentation and institution haue to the inferiour Ministers for enioying of their benefices then is such I say to consider all these thinges together with the end of the chapiter where speciall charge is giuen for inferiour offices And so
he that ineucteth him after this sort shall haue of him that is inducted necessary expences and such as are agreeable to his estate and calling vnder the moderation limited vnto the Archdeacon him selfe or his officiall if either of them had personally made any such induction Prouin lind de censib c. item licet ILLVM ARCHIDIACONORVM c. We detesting that abuse of the Archdeacons and their Officials and other Ordinaries whereby they exact of the Priestes appointed to celebrate in their iurisdictions before they doe celebrate a certayne and excessiue sume of money vnlawfully conuerting the liberalitie wherewith such Priestes were wont to content them selues receauing but one peny of Clearkes registring their names in their recordes vnto a confiscal exaction of sixe pence or there aboutes We ordayne that from hencefoorth of the sayde Archdeacons and other Ordinaries or any of their ministers vnder payne of suspencion from the celebration of diuine things by any meanes presume not to receiue of the sayde Priestes aboue one peny For the which there names must be registred in their first admissions Lind. de censib c. saeua A cruell and miserable greedinesse hath inuented that vnmeasurable exactions for letters of institutions of Clearkes admtited vnto ecclesiasticall benefices for letters of orders for labour of writinges and for seales are oftentimes made the Canon disalowing the same saying as it becommeth not a bishop to sell the imposition of handes so it is not decent for his minister to sell his quill Moreouer the Clearkes of Archdeacons and their Officials and other ordinances refuse to deliuer the certificates of inquisitions made vppon vacant benefices vnlesse they first haue an excessiue some of money for writing We therefore willing to abolish this abase haue determined by the aduise of this present counsel to ordayne that for the writing of the letters of inquisitions institutions or collations and commissions to induct or for the certificates of the same into their benefices the sayd Clearkes receiue not either by them selues or by others aboue 12. pence And for the letters of euery holy order the sayde Clearkes neither by them selues nor by any other shall receiue aboue sixe pence In other things let the Ordinaries themselues be bound to allot stipendes for their ministers and officers wherby they may iustly be satisfied But for sealing of such letters or to the Marshals for entring into the house or to the Portors or doore keepers or Barbers we will that nothing at all be exacted or payde by any coulorable intent least the payment for seales os letters or enteraunces aforesayd be turned vnto a damnable gaine Bishops and bishops men not a few are suspended by this Canon And this we ordayne vpon paine of double to be restored within one moueth Otherwise the Clearkes that refuse to restore double let them know them selues to stande suspended from their office and from their benefice And now generally to conclude It were not amisse in my simple vnderstanding that the whole Church made humble supplication vnto her excellent Maiesty and her honourable Counsaylers that the Iudges of the Land might bee consulted vppon the validity of the former act of Parliament and that it might bee knowne whether the foresayde Cannons established thereby or any of them be in force and if so that then her Maiesty woulde vouchsafe gratiously to take the Church affayres into hir owne handes and by hir commisson Ecclesiasticall appoynt such honourable and faythfull men as are not in the ministerie to examine the bishops proceedinges Viz. Whether they haue made any criminous and vnlearned ministers Whether they haue suffred any such men to remaine in the ministery all the tyme of her maiesties raigne Whether the Archbish haue dispenced in any matter or cause contrary to the word of God Whether the pastor of euery congregation be suffered to execute the discipline of Christ authorized by Act of Parliament Whether the Archbish bish haue sat in matters of blood Whether they haue made a minister without a title allowing him whereon he might liue Whether he haue made anye in his owne Diocesse without licence from his felow bishops Whether he haue receiued any money for letters of orders institutions or suffered his Archdeacons to do the like for inductions Whether he haue receiued money for excommunication and absolution Whether he haue set out his bishopprick or any part of his iurisdiction for an annuall rent Whether he haue not suffered his chiefe houses of resiaunce to fall into dilapidations Whether he haue not admitted vnto anye benefice the sonne of him whose father was placed in the same benefice before Whether hee suffer none to bee non resident but where the euident necessitie and vtilitie of the Church requyreth Whether he haue promulged and executed any Canon or iniunction without hir maiesties writ and royall assent Whether he haue personally visited the Churches of his Diocesse onely vpon iust cause and not for gaine whether a minister haue not by commoÌ„ right Act of Parliament a lawfull calling in the ministery and such a calling as from the which the bishop maye not remooue him without some speciall cause Whether an Archbishop or bishop by vertue of his Archiepiscopall or Episcopall authoritie may promulge or execute any Canon or Iniunction vnlesse it be made in conuocation summoned by hir maiesties wryt and authorized by hir royall assent Whether a murtherer or theife be vsually compellable vpon his oth to detect his murther or fellony Whether an Archbishop or bish may lawfully bring vppon hir highnesse leage people an inquisition sifting them with othes what fayth deuotion or maners they professe Especially the sayde people liuing in outward obedience of hir highnesse positiue lawes And if not then whether an Archbishop or bishop may lawfully vrge the like touching matters onely of discipline and ceremonies and commaunde hir sayde people by vertue of their othes to declare what when where or how they haue spoken or preached out of the word of God the truth of God touching the same Whether a preacher onely vpon occasion of his text teaching the people that weomen by the lawe of God may not baptize or that by the same lawe a Deacons office is not to preach may bee iustly condemned to haue preached maliciously against the booke of common prayer the sayd preacher not once mencioning in all his sermon one word of the sayd booke Whether a preacher of the Gospell borne within hir maiesties Dominions haue not freedome of an English Citizen to challenge the benefit of hir highnesse lawes for the defence of his person fame goodes landes and liuinges Whether a preacher of the Gospel fearing some vniust vexation of his Diocesan may not complaine into hir highnes court of Chauncery and haue hir maiesties writ Quia timet against the sayde Diocesan Whether a preacher of the Gospell may not lawfully haue his bill of complaint admitted by the honorable Counsellours Peares and Lordes of the Starre chamber against his Diocesans iniurious intreaties and contemptes of hir highnesse lawes Whether some kinde of writ out of hir highnesse other temporall Courtes may not lye as well against a Diocesan for proceeding against a preacher of the gospell contrary to common or statute lawe or contrary to hir highnesse prerogatiue royall as some kinde of writ doth lye against an Archbishop for proceeding against some other of hir highnesse liege people contrary to the intent of the statutes prouided against vsury periurie payment of tithes and such like Whether an Archbishop may sing a note aboue Aela and lawfully exercise an absolute power within hir maiesties Dominions Whether a minister admitted by the order of the booke of king Edwarde the sixth be not presently a lawfull minister and may preach in his owne cure with out any licence in writing from the Bishop Whether licences graunted by hir maiestie or hir maiesties ecclesiasticall Commissioners or any of the Vniuersities be at any time reuocable by an Archbishop alone Whether any licence for mariage without banes asking be lawfull or no and whether banes asking be of necessitie required by the booke of Common prayer Whether any commutation of penance be lawfull Whether a meere lay man no doctor of the ciuil law may be a chauncelor and so excommunicate Whether a meere laye man no Doctor of the Ciuill law may be a bishops register contrary to an Act of Parliament Whether it be lawfull for a symoniacall excommunâ—…cat and irreguler person to bee a ludge or no And 〈◊〉 an Archbishoppe be such a person whether he may resort to the Pope to be absolued or no or where or how he may be absolued Faultes escaped PAg. 12. li 29. for leaue these read leaue the seate pag. 12. li. 33. for he shall be in read be in pag 13. l. 24. for by the popes act of parliament read made by the pope coâ—…med by act of parliament pag. 14. l. 12. for he is deposed read he deposeth pag. 14 l 35. put a before certain pag. 14. l 13 for functions read fâ—…ns pag 18 l. 28. for correcteth or improoueth rea to correct and improoue pag 20. l. 35. read and that it did not concern the honor of the Sonne of the most pag. 22 l. 7 for 4 read 1â— articles pag 23. for corruptions read occupations pag. 33. l. 3 for the minister chargeth read the minister at the Bâ— instance chargeth pa. 56 l. 11. for that they read that the â—… pa 75 for collation read collusion pa. 71. l. 35. for curall rea â—urall p 79 l 15 for dicit rea dicere p. 79. l. 27. for oâ— yet a consent rea nor yet consent pa 82 l. 18. for partâ— rea pacta pa. 161. l. 9 for reputari idoneas rea reputare idoneâ—… pa 101. l 27. for this plurality man rea a plurality man pag. 103. l. 8. for harly rea Carlile pag. 103. l. 35. for canon rea common pag 151. for petion rea petition p 157. l. 5. for passion rea possession pag. 173. l. 27. for runneth thee rea runneth against thee pag 175. l. 25. for of sufficient rea of no sufficient pa 222. for seruants rea tenaunts pag. 141. l 25. for Abbot rea Abbiâ— pa. 169. for of excommunication rea of sole excommunication p. 122. l. 10. for Moses rea Ioâ—hua and pag. 122. l. 12. for Ioshua read Ioshuas 〈◊〉
them not with his manners and examples for that Diluere aliena peccata non valet is quem propria deuastant Hee cannot put away other mens sinnes whom his owne Sinnes deuour And againe Pericutosum est decentiae ecclesiae in scandalo populari It is dangerous for the Decencie of the Church to be in any publique slaunder or offence 83. distinc nihil Agayne Malus praelatus dicitur lupus rapiens praedam An euil prelate is sayde to be a Wolfe rauening his Praie 2. q. 7. Qui nec He is sayde to be Canis impudicus propter defectum regiminis A shamelesse dog for want of gouernment 2. q. 7. Non omnis He is sayde to be Coruus propter peccatorum nigredinem As black as a Rauen for the foulenes of his sinnes He is saide to be Sal infatuatus ad nihilum proficiens Vnsauory Salt profitable for nothing 40. dist In mandatis Glos lind de offic Archipres c. fin v. canss He is sayde to be Porcus A Swyne He is sayde to be Capo A Capon because as a Capon can not Crowe no more can a dumb Praelate preach And to conclude Praelatus qui in doctrina mutus est non est verè praelatus cum officium praelati non exerceat c. A Prelate which is mute in teaching is not in trueth a Prelate in so much as he exerciseth not the office of a Prelate These Canons constitutions not contrariant or repugnant to the lawes statutes or customes of this realme neither derogatory to her hignesse crowne and dignity â—…d therfore authorized by act of Parliament ought to haue beene better knowne and better executed by our chiefe Prelates then by the space of these 25. yeares they seeme generally to haue been But yet besides these former decrees lawes and ordinaunces and the seuerall reasons principles and maximes whervpon they were first grounded there remayneth somewhat more behind diligeÌ„tly to be coÌ„sidered the which thing the more earnestly euery man shal rightly weigh the more may he be astonished A thing don in Israell at the doing whereof it is a wonder that the eares of the hearers tingle not and the very hayre of the heades of the standers by stare not for feare least the Lorde in his righteous iudgement should execute his terrible vengeaunce vpon them Thus standeth the case some pastorall church or churches being destitute of a Pastour or Pastours to feed the people a solemne assembly and conuocation of the chiefest of the gouernours of the church must be gathered togeather and that not in an angle of a poore country Village but in the chiefest city of the Diocesse that not on a workday but either on the Lordes day or on some other of their own festiuall dayes and that for no small matters or to no small purpose but euen to present and offer vnto the Lorde an holy sacrifice and to call vpon his most holy name To present I say vnto the Lord a present meet and acceptable for his maiestie euen men meet to serue him in his spirituall warres and to be Pastours to feede his people with spirituall food of his holy word men meet to take vppon them the most highest and most noblest callinges that he hath appointed to the sonnes of men the office and dignitie of the preaching of his holy gospell This I say is the action wherof deliberate consideration is to be had and whereof followeth a discourse and wherin when all is done as it is imagined that can be done yet in truth there is nothing so nor so done they doe but flatter them selues bleare the 〈◊〉 of others and which is most execrable as it were mock and delude the Lorde to his face Well then let vs consider what is done herein In the time of that vertuous king Edwarde the sixt an order and forme was appoynted by act of Parliament for consecrating Archbishops and bishops and for the making of Priestes Deacons and Ministers Which statute is reuiued and the same order and forme approoued in the eight yeare of hir most excellencies raigne The wordes of the statute are these And that such order and form for the consecrating of Archbishops and Bishops and for the making of Priestes Deacons and Ministers as was set foorth in the time of the sayde late King and authorized by Parliament in the fifth and sixth yeare of the sayde late King shall stande and be in full force and effecte and shall from hence foorth be vsed and obserued in all places within this Realme and other the Queenes maiesties dominions and countreis The title of the booke is this Ordering of Deacons The forme and maner of making and consecrating Bishops Priestes and Deacons And first to intreat of Deacons according to the forme of the booke you shall vnderstande that in the order and forme of making Deacons three thinges principally are to be obserued First the qualities requisite to be in him that is to be made a Deacon Secondly the circumstaunces in making him a Deacon And thirdly the proper duetie and office belonging to him that is made a Deacon Touching his qualities they must be such as were requisite for the same First he must be a man of vertuous conuersation and without cryme Secondly he must be learned in the Latine tongue Thirdly he must be sufficiently instructed in the holy scriptures Fourthly he must be a man meete to exercise his ministerie duely Fifthly he must beleeue all the Canonicall scriptures Sixthly he must be diligent in his calling Seuenthly he must be inwardly mooued to that office by the holy Ghost And as touching the circumstaunces First he must be called Secondly tryed Thirdly examined Fourthly he must be twentie one yeares of age at the least he must be presented by the Archdeacon or his deputie Fifthly he must be made on a Sunday or holy day Sixthly he must be made openly in the face of the Church where must be an exhortation made declaring the dutie and office as well of the Deacons towardes the people as of the people towardes the Deacons Lastly touching the office committed vnto him it is First to assist the minister in deuine seruice Secondly to reade holy scriptures and Homilies in the congregation Thirdly to instruct the youth in the Catechisme â—ourthly to search for the sicke poore and impotent of the parrish and to intimate their estates names and places to the Curate that they may be relieued by conuenient almes The forme of ordering Priestes COncerning the making of Ministers not onely all those things before mentioned in the making of Deacons but other circumstances and solemnities are required also these demaundes and answers following must be made and giuen Bishop Doe you thinke in your heart that you be truely called according to the will of our Lord Iesus Christe and the order of this church of England Answere I thinke it Bishop Be you perswaded that the holy scriptures contayne sufficiently all doctrine required of necessitie
persons vagrant and such as haue not any certaine or true title in deed we ordaine that before the conferring of orders diligent inquisition and search be made by the Bishop of all these thinges And the glose vpō the word ante Est ergo necessarium c. It is therefore necessary that this scrutynie of the examināts preceed the conferring of orders euen as the commandement of the father or master must necessarily preuent the taking of an inheritance by the sonne or by the seruant and this must be so done for the irreuocable preiudice that otherwise might happen And because this collation hangeth on the disposition of law any preposteration contrary to the order appointed by law shall annihilate the whole act Againe an other glose hath these wordes Ordinandi ita sunt subtiliter examinandi inquirendum est de natione in qua nati sunt an sint de illa diocesi an legitimè nati an bouae famae Glos in cap. constitutus ver ordinan dos ex de purgacione cap. Men to be ordayned are narrowly to be examined and there must inquirie be made what country men they are whether they be of the same Diocesse whether they be legitimate whether they be of good fame Quia in nullo debet eorum opinio vacillare Because their credit ought not to be shaken in anie case Distinct 33. Laici And the Pope in that Chapiter reprehending the curiositie of the Bishop vnto whom he wryteth for too too narrowly inquiring after the maners of certaine compurgatours Vtinam sayth he sic discuteres ordinandos I wish thou wouldest make such inquisition of those whome thou preferrest to holy orders An other reason why a minister should be tryed is because he must be learned Glos de elec le 6. cap. si forte ver scientiae but qualitas extrinseca vt literatura nō presumitur nisi probetur An outward qualitie as learning is not presumed to be in a man vnles it be so prooued therfore he is to be examined vppon the same ff De ritu nup. l. qui liberos Et vbi dare volo filiam meam id est ecclesiam in sponsam debeo inquirere de dignitate sponsi ratio quia eligens tenetur inuenire condicionom debitam filio Extrauag com c. ad cuiuslibet de prebend dig And where I minde to giue my Daughter that is to say a Church to be a Bryde I ought to enquire of the worthines of the Brydegrome viz. af the prelate the Brydegrome of the Church and the reason is for that euery Father choosing an hushand for his daughter is bound by law to choose one of condition meet for his daughter The tryal of ministers In forme and maner of ordering Deacons by the booke of Edwarde the sixth a certaine triall is likewise commaunded the Bishop vsing these wordes to the Archdeacon Take heede that the Persons whome yee present vnto vs be apt and meete for their learning Godly conuersation to exercise their ministerie duely to the honour of God and edifying of his Church This maner of tryall can not better appeare then by a comparison to the proceedinges and Commencementes in Oxenforde or Cambridge familiarlie knowen to schoolemen in both Vniuersities Whosoeuer is to take any degree in schoole either Bacheler Maister or Doctor in any facultie he must firste set vppon the schoole doores his questions where in he is to answere He must publikely aunswere to euery one that will oppose him he must afterwarde in the Vniuersitie church submit him selfe priuately to the examination of euery one of that degree wherevnto he desireth to be promoted He must afterwardes be brought by his presenter into the congregation house to the iudgement and tryall of the whole house and if he shall there haue a sufficient number of his superiours voyces allowing his maners and pleased with his learning he is then presented by one of the house to the vicechancellour and Proctors and by them as Iudges in the name of the whole house admitted to his degree The examination whereof mention is made in the booke of king Edwarde the sixth somewhat varieth from this kinde of tryall and consisteth in the interrogatories betweene the Bishop demaunding and the partie aunswering For sayth the bishop Doe you thinke c. Do you vnfaynely beleeue c. Will you apply c. Fol. 7. p. r. And the partie aunswereth I thinke so I doe beleeue I will c. For sayth the booke then shall the bishop examine euery one of them that are to be ordayned in the presence of the people after this maner following Do yee trust c. Do yee beleeue c. There is also required by the booke that the bishop shoulde haue knowledge of the partie to be made a Deacon or minister Which knowledge euery man will gesse should not be a bare view or externall sight of the comelines and proportion of his bodily shape and personage but a sure and stedfast iudgement grounded vpon substantial proofes of the vertues and ornamentes of his minde and the same also shoulde be a farre more exquisite knowledge then onely to know the man to be an honest man because the booke requireth him also to be an apt and meete man to execute his ministerie duelie for which one amongest euen the meanest of vs all hauing vppon a suddaine espied one like an honest man yea or one happely commended vnto vs to be a right honest man in deede which one I say of vs would foorthwith familiarly greete this man clap his hands vpon his head and liberally entertaine him to teach his sonnes Demosthenes in Greeke or Cicero in Latine the partie him selfe beeing such a one as neuer had learned the Greeke Alphabet or the Latine Grammar would we not be thus circumspect trow you as to try his cunning ere we trusted his honesty in this case With what qualities such as are to be made ministers or Deacons ought to be adorned hath beene already sufficiently declared out of the lawes positiue in force And now what is to be vnderstoode by the face of the Church whereof mention also is made in the sayde booke that that followeth may sufficiently instruct vs. Distinct 24. c. quando The Canon law touching this poynt sayth thus Alias autem c But otherwise Let not a B. presume to ordayne any without the councel of the Cleargie the testimony of the people 70. Distinct c. ordinationes Againe see that solemly at a cōuenient time and in the presence of many standers by you make ordinatiō both of Elders Leuites And agayne The other priestes let thē be ordained of their own B. so that the citizens and other priestes giue their assent and so likewise must the Deacons be ordained 24. Distinct c. Episcopus And againe Let not a B. ordayne any Clearks without the aduise of his Cleargy so to that he seek the allowaunce good
liking of the Citizens And againe let the requestes of the Citizēs the testimony of the people the iudgment of the honorable the election of Clearkes be had in the ordination of Clearks And note that these texts many other mo do al affirme that elections ordinatiōs must be made by Citizens Priestes or Clearkes in the Plural number not by one Citizen or one Priest in the singular nūber Neither are these decrees to be vnderstood of the chief Priest of euery Diocesse alone but are verified of euery Priest thorough out the countrey as appeareth by the Canon following Distinct 64. c. Si forte Sed nec ille deinceps sacerdos erit quem nec clerus nec populus propriae ciuitatis eligit But he shal be no priest hencefoorth whō neither Cleargie nor people of his owne proper citie hath elected Wherevnto also the ciuill law accordeth Authen de sanct Epis § clericos colla nona Si vero c. But if holy rules shall prohibite such as be chosen by them as men vnworthy then let the most holy B. procure to ordayne whomsoeuer he shal thinke best A bishop alone may then ordaine sayth this lawe when the people cleargy haue chosen vnworthy mē it saith not that he may alwaies ordaine alone without contradiction or that the people Cleargy haue no interest in the actiō But this law only prouideth in this case a remedy to supply the negligence of those vnto whō the election appertaineth if they shall do otherwise therein then becōmeth them And to make this matter whereof we entreat more plaine euident euen by the statutes ordinances of the realme the choyce ordination of a minister is not apropried to the B. alone First by the statu 25. H. 8. these lawe Canons decrees before specified being then in force in as much as they be neither contrariant nor repugnant to the lawes customes of the realm nor derogatorie to the Queenes prerogatiue royall are confirmed ratifyed and in force now Yea because they are agreable to the lawes and customes of the realme and maintaine her prerogatiue royall as afterwardes shall be declared they ought now to be executed Secondly by a statute made 21. of H. the 8. cap. 13. It is enacted that a Bi. may haue 6. Chaplaines because six ministers at the least ought to be present whē the Bi. giueth orders Thirdly in the booke of making priestes c. are these wordes there shall be an exhortation vnto the people declaring how the people ought to esteem them meaning the ministers in their vocation And these wordes the B. shall say vnto the people Brethren if there be any c. And these wordes the bi commending such to the prayers of the congregation with the Cleargy and people present shal say c. Then shal the B. examine euery one of them that are to be ordered in the presence of the people By which words branches of the book it is euident that that people ouer whom the minister is to be placed ought especially to be present For what profit can a people dwelling at Yorke reape by exhortation of the preacher vnto loue obedience of their minister whē their minister shal be made at London Her highnes the nobilitie and fathers of the land were of more wisdom vnderstanding I am sure then to imagine that a people dwelling at Carlyle coulde be taught or instructed by a sermon made at Exeter And by the former decrees wherin mētion is made of people citizens the same people and citizens if we will know what citizens be properly are not taken for the Quiristers the Singers the Organ players the Canons the Archdeacon of the Cathedrall Church for all these by the Canon law beare the names of Clearkes neither are the bishops seruauntes taken in these Canons for Citizens because Citizens by these rules must giue their consentes and as hauing a principall interest in the action must not onely be eye witnesse and eare witnesses to the bishops vpright dealing but also must be agents and cohelpers themselues But serui and domestici in re non domestica Seruauntes and folke domesticall in a thing not domesticall are not alowed fit witnesses neither haue seruantes as seruants anye interest And therefore Citizens in these former Canons are Citizens Et re nomine Citizens in deede and in name And as I prooued before out of the statute of the land thatas the people of the place destitut of a Pastour must be present and giue their consent at the choyce of their minister so is the same also stablyshed by Canō law cōfirmed by act of Parliament Glos in c. 1. de reb eccle non alienand ver tractatus lib. 6. For this worde consensus siue collaudatio consent or approbatiō described to be multorum voluntas ad quos res pertinet simul iniuncta The will of many vnto whom the matter appertayneth ioyntly linked togeather prooueth that not onely Citizens in deed but also that Citizens of the place where the partie should afterwardes serue as a minister ought to giue their consent and allowance to the making him a minister because the matter of hauing a minister appertayneth properly vnto none other but chiefly and altogeather concerneth them And therefore the law willeth Vt quod omnes tangit ab omnibus approbetur That that be allowed of all which toucheth all Bishops Canons fol 5. Whereat our bishops them selues in their Englishe Canons of Discipline haue aymed and wherevnto in wordes they haue agreed The bishop shal lay his hands on none say they nor at any other time but when it shall chance that some place of ministration be voyde in the Diocesse And therefore I conclude since none must be made a minister but when it shall chance some place of ministration be voyde and since the consent and allowaunce of the people whome the matter doth concerne must by the Canons and statutes in force be had that therefore the people of the place where such place of ministration is voyd haue in the choyce appoyntment of there minister a speciall interest and prerogatiue Neither ought those ridiculous Canons of that foolish pope Adryan the proude Nullus Laicorum principum c. 63 dist cap. nullus c non est Let none of the lay princes or potentates ioyne him selfe to the election or promotion of a Patriark Metropolitane or any bish c Neither ought this and such like Canons I say any whit impeach the truth of my former assertions First for that these latter Canons are directly opposite and contrary to the ordinance of almighty God And the Apostles saith the holy scripture Act. 6. calling the multitude of the disciples togeather sayd vnto them choose therefore brethren out from among you seuen men of good report c. whom we may appoynt to this businesse and this speech pleased the whole multitude then present and
they choose Steuen c. Which ordinaunce of the Apostles whosoeuer shall thinke that the same may receiue a counterbuff by an Angell comming from heauen much lesse by a pope comming from the bottomlesse pit for my part I hold him accursed and so vtterly vnworthy the name of a Disciple Secondly the sayde Canons of Adryan plainely and in flat termes are derogatorie to her maiesties prerogatiue royall and therefore by the statute of 25. Henry the 8. vtterly abolished Thirdly they are against the customes and statutes of the Realme For by all the customes of the Realme where any Mayor Bayliffe Shreiffe or head officer of any Borough Towne or any incorporation is to be elected or where any knight of the sheire any Burgesse any Constable any Crowner any Vergerer within any forrest and such like are chosen the same officers are alwayes chosen by the greatest part of such mens voyces as haue interest in the action And as touching the statutes of the realme it is likewise euident that they confirming the booke of king Edward the 6. and the Canons not preiudiciall to her highnesse prerogatiue royall giue vnto the prince nobilitie gentry and other faithfull of the land an interrest in choyce and allowance of their pastours And who can be so voyd of reason or vnderstanding as to imagine that men renewed with the spirit of wisedome in the Gospel of Christ should be carefull and diligent in the choyce of discreet and wise men to be dealers for them in matters pertayning to this transitorie life and yet should be remisse negligent what guides they approoue of to conduct them in the wayes of eternal life Or that they should be lesse prouident ouer their spirits and soules then ouer their bodyes and goodes Euery man whether he be in the ministery or out of the ministery contrary to that blind popish distinction of Layetie and spiritualtie if he be a true beleeuer is the seruant of Christ and hath the spirit of Christ and in the choyce of his Pastour shall haue a Spirite giuen vnto him to discerne whether the same be a man apt to teach or no. The confusion therefore so greatly feared by popishe Idolatours is not once to be suspected amongest Christians They had cause to feare and be affrighted hauing put away fayth and a good conscience But we haue boldnesse with confidence to approch vnto our GOD who is able and will assuredly stay the rage of the people and fynishe our actions with a quyet and peaceable issue And thus much of the face of the Church and of the choyce and consent of the people and Cleargie to be had in the ordering of ministers Touching the Latine tongue required to be in euery minister as the lawes haue alwayes had respect to a competent and sufficient knowledge therin so the Act of Parliament made the 13. Elizab. cap. 12. hath fully and at large expounded the same and limitted the knowledge thereof in these words None shall be made a Minister vnlesse he be able to aunswere and render to the ordinary an account of his Fayth in latine according to the sayde Articles And if any shall be ordayned contrary to any prouision of that Act then is he no Minister at all And thus as breefly as I coulde I haue examined these wordes mentioned in the Booke viz. calling tryed examined knowne qualities the face of the Churche and the Latine tongue what meaning and signification by Lawes in force the same wordes haue And also what order and forme our Byshoppes oughte by Lawe positiue to haue vsed in making Deacons and Ministers and what credite and fidelity her Highnesse and the whole bodie of our Church and common weal haue reposed in them for an orderly vpright and syncere disposition of these things Vnto which trust how aunswerable there seruice and gouerment hath beene I doubt not but vpon there Examinations they wil approue the same to haue bene faythful iust and equall But by way of supposition If any shall deny their fidelities to haue beene such as is pretended what remedye then or what is to be done then Hereunto I answere since the perill happening vnto others thorough their negligences in time past is vnrecouerable that therefore the Lawe established against such excesses woulde bee executed in time to come the punishment of one is a terrour to many and by feare of punishment a man is made good The summe and effect of which Lawe confirmed by Act of Parliament is this viz. Tam indignè promouens quam indignè promotus est deiiciendus As well the man vnworthily promoting as the man vnworthely promoted is to be deposed Proofs exaÌ„ples wherof are these In the Cap. NIHIL EST EX DE PREBEND Order was taken as you haue seene before that not onely men vnworthy shoulde not be admitted to regi-ment of soules but it is also in that place prouided incase any thing shall be otherwise vnaduisedly attempted that then not onely the man vnworthily promoted but also the vnworthye promotor should be punished Ex de aetat qualit c. penult And again it is decreed thus If they shall hencefoorth presume to ordayne any that are vnskilfull and ignoraunt which may easely be espied We decree that both the ordaynours and the ordained be subiect to grieuous punishment So. dist c. ex penitentibus 5r dist c aliquantos Againe Qui ex certa scientia indignum ordinat aut deponitur aut priuatur potestate ordinandi He that wittingly ordayneth an vnworthy man is either to be deposed or depryued from power to ordayne 1. q. 1. c. si qui epis Againe Si qui Episcopi c. If any Bishop haue consecrated any such Priest as ought not to be consecrated although in some sort they escape infamie yet they shall not thencefoorth haue ordinations neither shall they euer be present at that sacrament which they vnworthily haue administred Vpon which decree and the worde ordinations the glose flatly concludeth Quod semper est veritas quod qui promouet indignum depositionem meretur That the trueth euermore is this viz. that whosoeuer promoteth an vnworthy maÌ„ deserueth to be deposed Quia culpa reus c. glos in const otho de scru in ord facien c. 1. ver ab Bicause he is culpable committing an order charge or office to such an vnworthy person And because he is vnfaithfull communicating his ministery vnto an vnworthy man to the hurt of the Churche and honour of God which by good ministers ought to be furthered ff de exercit l. 1. § magiâ—…rum A shipmaister or an Inne keeper vsing the seruice of an euill mate or ship boy or of an vnthriftie Tapster or Osteler is to make restitution if any thing imbezeled from his passengers or Guestes for the negligence of either of these in this case is punishable Quia opera malorum seruorum vtitur Because he vseth the seruice of euill seruants By which lawes
and publikely before witnesse admonishe him otherwise you can not haue him excommunicated because Forma quoticscunque non est seruata actus est ipso iure nullus Howe often so euer the forme of an acte is not kept the Acte by meere Lawe is no Acte at all because sayth the Canon a solemne and diligent intreatie required in such perpetuall grauntes and alienations of Church goodes hath not beene obserued therein wee by the aduise of our brethren Decree the same graunt to bee voyde By Ciuill Lawe Cod. De Sacrosanct eccles l. hoc ius l. praedium Church goodes can no otherwise bee pawned or layde to gage then as the Lawe formally prescribeth because a due solemnitie ought to bee obserued In fines and recoueries leuyed by the common Lawes of this Realme Attorneyes on both sides must bee warraunted there must bee vouchers and vouchees there must bee writtes and retornes of writtes there must be proclamations there must bee warraunties and many other circumstaunces which being not obserued the parties in reuersion or remainder beeing grieued may bring their writtes of error and recouer the landes passed by erronious fines or recoueries In the first yeere of Henrie the seuenth Chapiter fifteene a statute was made that the partie playntiffe shall finde pledges to pursue his playnt as are knowne there in that Countrie In the case of this statute if the Sheriff take one suretie alone or men of another countrie as pledges the bonde is voyde because by the common Lawes of the Realme as well forme as matter is necessarie If in the sale of any pupilles goodes or alienation of the Emperors patrimonie the sorme and manner appoynted by Lawe bee not exactly and diligently kept the sale and alienation is in effect no sale and no alienation The reasons of which Lawes and ordinaunces as I sayde before are these Forma dat esserei Panor in c. nulli nu 7. de rebus eccle non aliae fol 59. Specula in tit de aduoc § 5. vers cum ante Panor in c. fin vt lit non contest nu 20. Panor in c. publicat de elec nu 9. Panor in c. super questionum § verū nu de off deleg id in c. prudentiam nu 5. eod eius omissio inducit nullitatem actus The fourme giueth beeing and essence to a thing and the omission thereof induceth a nullitie of the act Si deficit forma in priuilegio res caret priuilegio If a priuilege wāt the form of a priuiledge the thing lacketh priuilege And again Solemnitates quae requiruntur in alique actu sinon scruentur actus corruit solēnities required to be in any acte if they be not obserued the act faileth And again Ferma non seruata in vna parte actus violat totum actū The form not kept in on part of the acte violateth the whole act Quia verum est dicit excessisse istum fines mandati Because it is true saith he that this man hath passed the boundes of his commaundement And therefore in an other place Panormitane concludeth thus Forma certa procedendi vbi datur processus corruit non solum quando est attentatum contra formam sed etiam citra vel preter formam quia vbi forma certa datur paria sunt aliquid facere contra preter vel citra formam Where a certaine forme of processe is limited the processe fayleth not onely when any thing is attempted against the forme but also eyther without or besides the forme the obseruatiō of which solemnities and forme of an act are of suche force and necessitie by Lawe that neyther custome or yet a consent of parties can alter or chaunge the Lawe herein Panor in Greg. nu 14. fol. 17. Solemnitatis omissio ex sola consuetudine inducta violat actum The omission of a solemnitie brought in onely by custome marreth the Acte Ea quae inducunt certam solemnitatem in actibus hominum non possunt consensu partium tolli quia pacta priuatorum iuri publico non derogant ff de pactis And those things whiche induce a certayne solemnitie in mens doings cānot be abolished by cōsent of parties because priuate mens compacts cannot be derogatory to cōmon right In so much that in this case Forma debet seruari ad vnguem specifice non per equipolens A forme ought to be kept at an inche and specially and not by any thing equiualent though in many other cases this rule taketh place Nihil interest quid ex equipollentibus fiat It is no whit materiall whether of the things that are equiualent be done Moreouer Forma data à lege vel statuto debet seruari à rustico muliere iuniore A forme giuen by lawe or statute ought to be kept by an husbandman by a woman and by one vnder age though in many other things these three haue their seuerall priuiledges And to make this more plaine and the certaintie therof to be infallible you shall vnderstand that the lawe hath beene executed according to these rules euen in this selfesame case of making Deacons and Ministers And first touching their tryall and examination Glos c. quando distinct 24. ver in vest gent. Si quis presbiter aut Diaconus sine aliqua examinatione ordinati sunt abiiciantur ex clero Et si non fuerit in aetate literatura honestate examinatus deponendus est If any be made an Elder or Deacon without examination let him bee cast out from the Clergy And if he shall not be examined touching his age his learning and his honestie he is to be deposed Secondly touching the time If a Minister or Deacon haue bene made at any other time then at the time appoynted by lawe it hath bene decreed against them as followeth Extrauag de tempo ordinand c. cum quidam EPISCOPVM c. A bishop that celebrateth orders in a day wherein he ought not doe thou correct with Canonicall discipline vntil they haue receiued grace from vs to be restored so long oghtest thou to make them to be voyd of orders receiued And agayne Sanè super co c. Truely concerning that the maner is as thou sayest in certaine Churches of Scotlande and Wales to promote Clearkes vnto holy orders in the dayes of the dedication of Churches and Altars out of the foure times appoynted for fastes We declare that that custome as enemie to Ecclesiasticall institutien is vtterly to be improoued And had we not regarde vnto the multitude and auncient custome of the lande men ordayned should not be suffered to minister in orders so taken for with vs men so ordayned should be deposed and the ordaynors should be depriued of authoritie to ordayne Thirdly Fol. 1. pag. 2. touching the presentation of Deacons to be made by the Archdeacon or his deputie Fol. 1. 1. and of ministers by the Archdeacon onely out of many particular lawes this generall Maxime is verefied
cōmon weale also lesse sinful to the lord then the other Lesse hurtful because the pore needy of the one haue oft a good sliuer of bread a good dish of drink at the patrōs doore yea sometimes a good meales meat at his table and a good fier in his hall But touching the Hospitallitie and housekeeping of a non resident his Kitchion Chimneis are euer like the Nose of a Dog euer colde neuer warme his Baylye playeth Sweepe Stake hee purseth his Wheate in a Six peny Bagge and carryeth his Barley in a little Budget sometimes Forty Miles sometimes an Hundred sometimes three hundreth from his Parsonage yea out of Ireland into Cambridge out of VVales into Oxenford from beyonde Lincolne to Salisbury from besides Leycester to Comberland from Malburne to Harley Lesse sinfull to the Lorde because the Patrone enioyeth his right by couenauntes and good will of him that by Lawe is reputed the lawfull person and whome he hath presented yea oftentimes also with the consent of the people whose Clearke they willingly receiue to be placed amongest them But the person Nonsident against his promise to his patrone against his oth to his Ordinary without consent of the people against the law of man against the Ordinance of the Lord robbeth spoileth the people of the tenth of their labours liueth idely by the sweate of other mens brows But to let passe the aunswere made before to the Pluralitie man and to speak no more of the Byshops owne wilfull negligence in making vnlawfull ministers that therfore hee hath no cause to complaine against patrones for preferring vnlawful men to benefices whō he hath vnlawfully preferred to so hie offices therefore not to be pitied in case by law he were punished because he should haue looked before hee had leaped I say to let this passe yet the obiection made before in their defence is an obiection in truth not to be obiected The trial of the ability of the person presēted whether it consist in learning or in life is and euer hath bene onely in the authority of the Church and neuer in the power of the Laitye Authent de sanct epis §. clericos col nona First touching the enquirye of their ability for learning to leaue to speake of the Canon Lawe which altogether attributeth the same vnto the cleargy the ciuill law and the Canon Lawes of this realm agree herein together and attribute the enquiry thereof to the cleargy onely The Ciuill law sayth thus Authent vt clericus qui reced § illud quoque coll quint. If they which are chosen by them as men vnworthy be forbidden to be ordeyned then let the most holy B. procure such to be ordeined whom he shall thinke meetest And thus we decree moreouer that thing to belong to the honour and worship of your seate that none buylding a Church or otherwise bestowing almes vpon them that minister therein bee thus bolde as by power to bring vnto your reuerence men to be ordeyned but our minde is that by your holinesse and iudgement they be examined touching the Idoneitie of a parson presented to an Ecclesiasticall benefice by the lawes of the Realme the examination of him likewise pertayneth to the Ecclesiasticall iudge and so it hath been hitherto vsed and so let it be done hereafter Articuli cleric c. 13. And againe Where the Ordinarie refuseth the Clearke for non abilitie which is in issue and the Ordinarie is partie that shall not be tryed by him because hee is partie but by the Metrapolitane if the Clearke bee aliue and if hee bee dead then by the Countrie where the examination was had 39. Ed. 3. fol. 1. Brooke title Triall 25. case And againe Where the Ordinarie after the patron hath presented doth inquire and finde the Clearke to be criminous and the time of the lapse by this meanes passe there he shall not make any collation by lapse but first giue notice vnto the partie if he be a layman but contrariwise if he be a spirituall man note the difference For he may know his owne Clearke Brooke Title Notice 6. case But were it so that the Laietie had power therein and that the Archbishop were excluded Yet if the bishop after he were compelled by processe from any of her highnesse temporall Courtes of iustice to admit an vnable Clearke did foorthwith call this vnable Clearke into his consistorie and obiect againste him his vnabilitie and for the same degrade him of his office What remedie had the same Clearke against his Ordinarie in this case Hee beeing once deposed from his office by his Ordinarie the common lawes shoulde haue nowe no remedie to helpe him he beeing no more to be called a Clearke and therefore not to bring any writ or commence any sute againste his Ordinarie in the name of a Clearke But we will conclude Since the statute of 25. Henrie 8. hath authorized all Canons constitutions and Synodalles prouinciall made before that statute not being contrariant or repugnaunt to the lawes customs of the Realme nor derogatorie to her Maiesties prerogatiue Royall to be nowe in force and executed and also since these Canons constitutions and Synodalles prouinciall before specified were made before the sayde Statute and be not contrariaunt nor repugnant to the Lawes and customes of the Realme nor derogatorie to her highnesse prerogatiue yea since they are agreeable to the Lawes and vsages of the Realme and vpholde her prerogatiue Royall And since by these Canons and other acts of Parliament and her highnesse iniunctions it is euident that men learned that men apt and meete to teache are to be placed ministers in the Churche and that men vtterly vnlearned and such as can onely read to say Mattens or Masse are not to be admitted That therefore a learned Ministerie is commaunded by the Lawes of England And if so then an vnlearned Ministerie forbidden by the same lawes and if so then by the same Lawes such penalties and corrections to be laide inflicted vpon the contemners of the said Lawes as by the sayd Lawes are wholesomly prouided againste such wilfull Lawe breakers ¶ Dispensations for many benefices vnlawfull Extra de cle non residen c. quia nonnulli c. 1. de consuet lib. 6. QVIA NONNVLLI c. For as much as some putting no measure to their couetousnesse endeuour to take many Ecclesiasticall dignities and many parrishe Churches against the ordinances of holy Canons and beeing scarce able to discharge one office yet notwithstanding challenge vnto themselues stipendes due vnto manie wee straightly commaunde that henceforth this abuse be not any more permitted And that whēsoeuer any Church or Ecclesiasticall ministerie ought to be committed we will such a parson to be sought that may bee resident in the same place and discharge the cure by himself And if any thing shal be done otherwise let both the receiuer lose that that he hath so receiued and let the giuer
Therefore c. 1 Whatsoeuer is vndecent and vncomely in the Church is vnlawfull 2 But for one man to be placed in two benefices is vndecent and vncomely 3 Therefore for one man to be placed in two benefices is vnlawfull BEside these Canons there are many mo establishing the not hauing of many benefices for one man but to recite all were a labour superfluous considering the effect of al is contained in these And yet Octobones prouinciall constitution wherein diuers other absurdities thē wherof mention hath ben yet made against the vnlawful retinue of many benefices are expresly all eaged is not amisse to be repeated Who sayth as followeth Octob. de inst seu collat cap. 2. EX HIIS AVTEM c. We suffice not to speake how great euils proceed out of these pluralities vnto the church For by them the honestie of the church is defiled Authoritie is naught set by the faith of Christ is troden vnder foote loue is banished the hope of the poore expecting any voyde benefice is frustrate The miserable and blind sinner boasting himselfe as a guide doth not so much receiue as steale that that belongeth not vnto him Among the rich themselues also strifes and contentions arise braules and enuies are nourished And for this cause we chiefly feare the fire of God his wrath to haue beene kindled against men of such rule and for the offences of some to haue sent a feare or reuenge against all and whilest we see nothing so perillous we feare such or greiuouser thinges in time to come vnlesse God by his mercie respecting vs shall lay to some wholesome remedie If the disease and maladie of pluralities in time of ignoraunce and superstition was such 5. P. 2. that the blinde leaders of the blinde had their eyes in their heades to see the infection ther of to be most perrillous as well to their synagogue as to their common weare how is it possible that plurified men in the time of the knowledge and truth of the Gospell should find any meanes to escape the fyre and reuenge which the idolators feared And not onely these Canons and prouincials but the statute lawes of Englande also made against these excesses prohibite likewise the hauing of mo benefices as appeareth by an Act of Parliament made the 21. yeare of Henry the 8. the tenor whereof ensueth And be it enacted that if anye person or persons hauing one benefice with cure of soules beeing of the yearely valew of 8. pound or aboue accept and take any other with cure of soule and be instituted and inducted in possession of the same that then and immediatly after such possession had thereof the first benefice shall be adiudged in the law to be voyd And that it shall be lawfull to euery patron hauing the aduouson therof to present an other the presented to haue the benefite of the same in such like maner and forme as though the incumbent had dyed or resigned Any lilence vnion or other dispensation to the contrary here of obtayned notwithstanding And that euery such licence vnion or dispensation had or hereafter to bee had contrary to this present Act of what name or names qualitie or qualities soeuer they be shall be vtterly voyd and of none effect As touching any other Canons made and in force before 25. Henry 8. allowing certayne immunities priuiledges and dispensations to be graunted for the possessing of many benefices parrish Churches rightly vnderstood are no way preiudiciall vnto these former ordinaunces For in thinges depending vpon the meere disposition of man though the magistrate haue authoritie as well generally to forbid and prohibite as also in some cases besides the said law to licence and dispence Yet concerning the matter of pluralities it will not be found Pluralistes I confesse and their abettours ground their assertions vpon these and such like rules following viz. Eius est destruere cuius est construere eius est interpretari cuius est condero Papa qui ius condidie est supra ius maiorem enim retinuit potestatem c. That is To him it belongeth to pul downe to whom it belongeth to set vp and the interpretation of the lawe belongeth to the lawe maker the Pope that made the lawe is a boue the law because he hath retained a greater power to himselfe then he hath giuen to the law The pope hath a fulnes of power to dispose of benefices at his pleasure And therefore say they As Churches were at the first by Law positiue both founded and distinguished so may they againe by the same lawe positiue either be cleane taken away or vnited Which vnnecessarye and sophisticall consequence is simply to be denyed First for those former rules generally vnderstood without limitation and distinction be either vtterly false or els contrary and repugnant to other principles of lawe Againe concerning these or anye other like generall conclusions in lawe I aunswere and that by an vnfallible maxime in lawe that no rule can be so generally giuen in thinges of meere pollicie and disposition of man onelye deuised by man of which sort these former rules are that receiueth not some limitations and restrictions And that therefore these principles whervpon the foundation of pluralities is layde beeing weake and easilye shaken with a little blast of mans witte can not stande or haue anye sure setling in as much as againste the same many challenges may be made and many exceptions taken Secondly the foresayd coherence followeth not for twoo apparant and principall fallacies contained in the same as afterwardes shall be manifested But first touching these rules before mentioned Eius est destruere cuius est construere c. He may breake a law that may make a law the same is not alwayes true It taketh no place Vbi causa prohibitionis est perpetua Where there is a perpetuall cause of a prohibition For then the cause beeing perpetuall the prohibition ought to bee perpetuall Quia perpetuam habet causam prohibitionis nulla est obligatio Because it hath a perpetuall cause of prohibition there is no obligation ff de verb. oblig l. si stipuler in id glos extra de simo c. si quis ver iuramentum As for example the reason and cause of prohibition againste murther theft rauine blasphemy is perpetuall and therefore the lawe againste murther theft rauine and blasphemye ought to be perpetuall And therefore man hauing once made lawes againste these vices it is not lawfull for man afterwardes to dispence with these vices or by licence to warrāt any man to steale to kill to spoyle or to blaspheme For whosoeuer shall in this sort dispence with a lawe the same also may dispence with the reason of the lawe and so with the soule and life of the lawe and so make the lawe a vayne and dead lawe Ratio legis est anima legis The reason of the law is the soul and life of the Lawe therefore as none
maruailously wounded grieued and molested and that the soules of the people are therby not gouerned at all but left at randon to their owne direction hauing no guyde to conduct them euery one may euydently discerne dispensations in that behalfe to be altogeather intollerable hauing no ground nor foundation of reason equity or lawe but onely graunted for the priuate gayne and lucre of some couetous vaine glorious persons Wheras it may be answered that the statutes of the Realme licensing diuers Ecclesiasticall persons qualified either by degree of schoole or by seruice vnto nobilitie ought more to be respected in this behalfe then the reasons of the Canon law Herevnto I answere that for my part I heartely desire and pray vnto God that these lawes might be respected and that the law of Englande might rule an English man in this case But alas our lawes are bels without clappers they are founded but they sound not they are bandes but they binde not For thogh by the statutes of the realm certain noble mens chappleines and others graduated in the Vniuersities be qualified made capable of dispensatiōs yet I deny the laws of this realm to approue any maner of dispēsations tollerable at al for any kind of these qualified men vnles the same be Frst in cases of necessity for the peace of the cōmon weal Secondly in cases of conueniency for the honor of hir highnesse person and lastly warranted by the holy scriptures lawes of god For though the statute make some men fit men for the Archb. to work vpon and as it were anuiles for him to strike vpon yet the same statute imposeth no necessity for the B. to work without the word But if it be lawful by the word then by the law he may if he wil. But if it be vnlawful by the word thē he may not thogh he would The law followeth Be it enacted that neither the king his heires and successors kinges of this realme nor any of their subiectes of this realm nor of the kinges dominions shall from thence foorth sue to the sea of Rome or vnto any person or persons hauing or pretending any authoritie by the same for licences dispensations impositions faculties grauntes rescriptes delegacies instruments or other writings of what kind name c. for the which any licence dispensation composition faculty graunt rescript delegacie instrument or other wryting heretofore hath ben vsed and accustomed to be had and obtayned at the sea of Rome or by authority therof or of any prelate of this realm nor of any maner of other licenses dispensatiōs compositions faculties grauntes rescriptes delegacies or any other instruments or writinges that in cases of necessity may lawfully be graunted without offending holy scriptures lawes of God but that from henceforth euery such licence c. aforenamed mentioned necessary for your highnes your heires or successors your their people and subiects vpon the due examination of the causes qualities of the persons procuring such dispensations licenses c. shal be granted had obtained frō time to time within this your realm other your dominions not els where in maner and form following no otherwise that is to say the Arch. of canterbury for the time being his successors shall haue power authority frō time to time by their discretions to giue grant dispose by an instrument vnder the seal of the said Archb. vnto your Maiesty and to your heires successors kings of this realm as well all maner such licenses dispensations faculties grants rescripts delegacies instruments all other writings for cases not being cōtrary or repugnant to the holy scriptures lawes of God as heretofore hath ben accustomed to be had obtained by your Highn or any your most noble progenitors or any of yours or their subiectes at the sea of Rome or any person or persons by authority of the same al other licences dispensatiōs faculties c. in for vpon al such causes matters as shal be conuenient and necessary to be had for the honor surety of your highnes your heires successors and the wealth profit of this your realm so that the said Archb. or any his successors in no maner wise shall graunt any dispensation licence rescript or any other writing afore rehearsed for any cause or matter repugnant to the law ofalmighty god This act is renued 1. Elizab. Prouided alwaies that this act nor any thing or things therin cōtained shal be hereafter interpreted or expounded that your grace your nobles subiects intend by the same to decline or vary frō the congregation of christ his church in any thing concerning the verye articles of the catholique faith of Christendome or in any other thinges declared by holy scripture and the word of God necessary for your and their saluations but onely to make an ordinance by policie necessarye and conuenient to represse vice and for good conseruation of this Realme in peace vnitie and tranquilitie from rauyne and spoyle In which Act is set foorth vnto vs what great care and circumspection our auncestors in the twilight of the Gospel had for the abolishing of corruptions the establishing of a sincere gouernment both in the Church and common weale and how diligently and faithfully they prouided that no maner of dispensatiōs licenses or immunities shold be had or obtayned but in cases of necessitie in cases not contrary or repugnant to the lawes of God in cases wherin the wealth profit peace and conseruation of the realm requireth in cases conuenient for the honor safety of the kings person with a due confideration alwaies of the causes qualities for the which of the persons to whom any licence or immunity shold be granted And therfore out of this statute first I conclude thus against plurified men 1 Whatsoeuer cause or matter is repugnant to the law of God the Archb. may not dispence with the same 2 But the matter of hauing many benefices or being Non residents is repugnant to the laws of God 3 Therfore the Archbish may not dispence with the same Againe 1 Whatsoeuer is not necessary for the wealth peace profite and conseruation of the realm the same by this statute is forbidden 2 But that one man should enioy by way of dispensation from the Archbish liuings appointed for many men is not necessary for the wealth peace profite and conseruation of the realme 3 Therefore the same is forbidden by this statute Lastly 1 Whatsoeuer is not conuenient for the honour and safety of hir highnes person the same by this statute is forbidden 2 But it is not conuenient for the honor and safety of hir highnes person to haue the Archbish disspence for many benefices 3 Therefore by this statute the Archbish is forbidden to dispence c. THe Minor proposition of the first syllogisme hath beene already sufficiently prooued by manye in fallible conclusions of Lawe and vndoubted truethes
may he lawfully exercise the Ciuill iurisdiction of an other man Again 88. distinc c. epis conc glos lib. 6. de regu iur c. potest quis EPISCOPVS TVITIONEM c. A bishop ought not to take vpon him selfe the defence gouernment and charge of Widowes and Orphanes and straungers but he ought to dispatch these businesses by some other chiefe Elder or chiefe Deacon But contrary to these Canons lawes principles our Prelates not hauing so ruly and stayed a will as were requisite make a hotche potche of the Cleargie and layetie a gally maufrey of magistracie and Ministery and a mingle mangle of Pastours and people They turne cat in the pan as we say and maintaine the tumbling of the office of a Minister vppon one of the people and the office of one of the people vpon the minister so that by this their iumbling of offices togeather there can be nothing but confusion and disorder as well in their gouernement as in their iudgement Bishops gouernment in ecclesiastical causes being â—uill that argueth the same in ciuil causes not to be good For my part if I as well knew their gouernement in ciuill causes where they may be in commission might hereafter be good as I am sure their iudgemente in Ecclesiasticall pollicie hath hitherto beene naught I woulde wishe them rather to be Magistrates in the common weale then superintendentes in the Church But because it may easely be coniectured by the fact of the one what the effect of the other woulde be it is to be wished that they still were barred from the first hauing so shamefully abused the latter For besides the manyfest contempt and abuse of all lawes positiue in force committed to their fidelities whereof in the former treatizes mention hath beene made if a man shall peruse their aduertisementes and their Canons set foorth for due order in the publique administration of Common prayer and concerning certayne offices of the Church and certayne dutyes belonging to those officers he shall finde they haue bestowed but little labour in making them and lesse fidelitie in executing them For the aduertisementes besides the preface the whole Treatise is not fiue leaues and a halfe of Paper with the subscription of their names and all In which fiue leaues their is not anye one thing mentioned and commaunded to be done but the same was either commaunded by hir maiesties Iniunctions in the firste yeare of hir highnesse raign and therefore needlesse to be repeated againe Or else is translated out of some latin Canon and so made an englishe article halfe an howres study for a bishops Chappleine Title Articles for administratioÌ„s of prayer sacraments Or els is directly against hir maiesties Iniunctions and therefore sauoreth of supremacie Or els is superstitious and therefore smelleth of Poperie And so contrary to the commaundement of the Lord. Hir maiestie by hir iniunctions commaundeth euerye Deane Archdeacon Parson and Vicar to preach in euery of his cures by him self euery moneth 43. Iniunction And because none should be excused as vnable in this behalfe she hath commaunded the bishops that none vtterly vnlearned be admitted to any cure or spirituall charge and she by hir singular and excellent wisedome accounteth him vtterly vnlearned that coulde onely reade to saye mattens or Masse but by the aduertisements and Canons the bishops pronounce it sufficient that a Parson or Vicar preach once a quarter and that not by him selfe but by an other and that one vtterly vnlearned euen as by hir wisedome an vnlearned man hath beene adiudged be admitted to the ministerie and afterwardes sent to the Archdeacon or his officiall to school and to conne his taskes of scripture and to learne his Catechisme Againe Hir maiestie hath commanded euery one to preach within his owne cure without a licence they commaunde that none preach within his owne cure except he haue a licence vnder the bishops seale The article that the minister shall weare a cope with Gospeller and pisteler agreeably smelleth rancke of superstition and as far as I can finde both against hir highnesse Iniunctions and besides the booke of Common prayer The booke of the bishops Canons is of somewhat a larger volume it contayneth 14. leaues you must consider the whole conuocation had an oare in that Boate it intreateth of Bishops of Deanes of churches of Archdeacons of Chauncellors Commissaries and Officials of church wardens of Preachers of residence of Pluralities of schoolemaisters and of Patrons of benefices In the description of which offices as it is manifest they had but little regard to the word of God so is it apparaunt also to euery one learned in the Canon lawe that for the most part they are translated thence here a pece and there a pece and all not worth their labour because if it be not againste the lawes of the Realme or preiudicial to hir highnes prerogatiue then is the same already confirmed by act of Parliament 25. Henry the 8. 25. Henry 8. c. 19. and if ther be any thing in their sayde Canons which is not thus translated out of the Canon law whatsoeuer the same is if it be good then was the very same established before by hir highnesse Iniunctions For as touching the erectioÌ„ of new offices belonging to an Archdeacon and the Bishops Commissaries and officials in teaching the ministers their Catechisme and hearing them say their lessons without booke and to take an account how they haue profited in Scripture I thinke if the prerogatiue of the conuocation house were well searched and made knowen it might not erect any new office or promulgate any new Canon without hir maiesties speciall consent first had and obtayned therevnto And I am sure that neither by lawe neither by custome this office did euer belong to an Archdeacon or his officiall before the booke of these Canons was published Booke of Canons and title of bishops Touching the not making handy craftes men and such as haue no title to liue by to be ministers and the not making any minister at any other time but when it shall chaunce that some place of ministration is voyde and that none be suffered to be occupyed in the administration of the Church that is called by the idle name of a Reader Title residence Or that is made a minister vnder the age of foure and twenty yeares or vnderstandeth not the Latin tongue hauing no giftes of teaching or the absence of the sheephearde from the Lordes flocke and diuers other thinges specified in the Bishops Canons If the translator had not beene more faithfull in his translation then the Bish in the execution a meere English man should neuer haue knowen any such thing to haue beene written in the Latine Lawe And therefore because NEMO negligens in re sua presumitur diligens in re aliena No man negligent in his owne cause can be presumed to become diligent in an other mans I can gather no
of lay men as in trueth it is already executed by lay men yet the Courtes of Arches and Audience and the Court of Delegates might remayne and continue still and as they ought indeede so they might in worde as well and better to bee called the Queenes Courtes of Arches and Audience as the Archbysh of Canterburies Courtes of Arches and Audience As conuenient for the Doctors to attend vpon the Queene as vpon the Archbysh And as good a sight it were as dutiful a part for my masters Doctoures of the Ciuill Lawe in their Scarlet robes to attend vppon her Maiestyes roiall person in case she passed thorough Paules as to attend vppon their Lordes grace his person And as touching euery other Consistory nowe called the Bpshoppes or Archdeacons Consistory for auoyding of confusion and many iudgement seates if they were vnited and reduced in euery Shiere or euery Diocesse to one consistorye it mighte lykewise haue the name of the Queenes Consistorye and the Courtes bee called the Queenes ciuill Courtes as wherein according to the natures and qualities of the causes before specified Ciuill Iustice might bee ministred and the Popish ecclesiasticall Lawe abandoned and as a froth or filth bee spewed oute of the Common Weale Her hignesse can not more gratify the Pope then by executing his lawe For assuredlye by no meanes can her Maiestye so much gratifye her capitall enemye as by authorising and practising his Lawes nor by no meanes can shee more honour the Lord then vtterlye to abandon all semblaunce of any gouernment proceeding from an enemye and Traytour to his Maiestye Neyther were it a Dodkin matter so little is his Lawe worth in her state and gouernment to haue all Bookes of her enemyes Lawes layde on a heape in Smithfielde and sacrificed in Fire vnto the Lorde her owne common and statute Lawes the Ciuill Lawe for the exellencye thereof receyued among all Nations and certayne prouinciall Constitutions made heretofore at her Auncestours commaundement haue for the moste part alreadye and where neede is speedilye maye haue sufficient matter in them for the gonernment of the Church and Common weale without any helpe from the Laws of the enemy of the church and Common weale Instit de iur natu genti ciui § sed quod The Lawe of a King is as it were the mouth of a King for that he alwayes speaketh by his Lawe And if wee suffer the Pope to speake amongest vs as a King doe wee not honour him as a King If wee imbrace his power doe wee banish his personne If you say that they bee not executed as his Lawes but as ours I aske you agayne why shoulde they at all be executed as oures For in trueth they doe lesse good vnto vs then an Herb-Iohn doth as is sayde in the Potage for that Herbe doth neyther good nor harme But these Lawes doe annoye vs vvonderfullye and they doe vs no manner of good at all They are altogether needelesse they are altogether Bootelesse I woulde to GOD they were altogether footelesse too For touching the gouernment of the Church wee haue first the perfect and altogether righteous Lavve of God to rule the same by Secondlye wee haue her Maiesties Iniunctions the common and Statute Laws of the Realme and the prouinciall constitutions conteyning in effect whatsoeuer ought in anye case by any subiect to bee practised within this Realme Touching the administration of Iustice in anye ciuill cause before mentioned and wherof practise is made in the ecclesiasticall Court there is nothing good in the whole body of the Canon Lawe concerning the same but the same hath beene culled out of the Ciuill Lawe it is but an Epitomy of the Ciuill Law The rules of the Cannon Lawe are for the most part rules taken out of the Ciuill Lawe onely there is this difference that by the Cannon Lawe a man in some case shall not in his whole life time get an end of his suyte as these parties that had a cause depending in the Popes Court twentye foure yeeres and yet in all that space Lis non erat contestata an issue could not bee ioyned wheras by Ciuill Law a cause in the first instaunce ought to bee finished within three yeeres at the vtmoste or else the Agent becommeth non suite And if vppon cause the matter bee appealed after definitiue sencence the same cause of appeale ought ordinarily to bee ended within one yeare or vppon some iust cause extraordinarilye happening vvithin two years Otherwise the appeale is frustrate so that in both instaunces fiue yeares onely must bee spent in suit of law And nowe what reason is there that the Canon Lawe shold be still canonized amongst vs when it was ordeined that none should proceed in any vniuersity doctor of the Canon lawe I thinke the meaning of the ordinance cheefly was that leauing no hope of preferment to the professours thereof the thing being of it selfe so vile they shoulde loose no labour in the study thereof But I will conclude that in as much as by the Canons Constitutions ordinaunces and synodalles prouinciall made before the 25. yeare of Henrye the eyght Byshpos and all other Cleargy men are forbidden to be Vicountes Presydentes Iustices Stewardes Bayliefes gouernoures of Villadges Iudges Aduocates Assessors Tutors Gardians Ouerseers runnagates to seculer Courts farmers of temporall possessions receyuers of reuenewes present in anye place where mencion of anye processe or iudgement is to bee awarded agaynste anye man to the sheading of bloude And in asmuch as they are commaunded to apply themselues wholly to Prayer and supplication and not to neglect their office and to intangle them selues with worldlye businesse And for as much also as the Emperour hath vppon substantiall reasons and principles inhibited the Cleargy vnder his Dominions the like offices to the end there mighte bee no confusion of gouernment nor mingling of offices nor Iustice vnministred nor one to defraude another and for as much also that such Canons Constitutions ordinaunces and synodalles prouinciall before specified bee not contrariant nor repugnaunt to the Lawes Statutes and Customes of this Realme nor to the domage or hurt of the Queenes Prerogatiue royall but rather for the establishment of the same the same Canons beeing both founded vppon the Lawe of God whereby her prerogatiue standeth and is vpholden and confirmed by the Lawes of reason and nature and also ratified by the consent of Emperoures and nations that therefore these Canons constitutions ordinaunces and synodals prouinciall ought to be vsed and executed as they were before the making of the Act 25. Henry the eight and that therefore it is vnlawfull for Archbishops bishoppes or anie Cleargie men to beare any ciuill office in the common wealth If any except that before 25. of Henry the 8. bishops and Cleargie men did vse and execute those offices and that therefore these Canons were not then in vse and executed and therefore not in vse now or to
the churches visited as they may reasonnably spēd in one day that their substitutes may not purse vp or cary any treasure away as by the decree of Bennet before alleadged is euident For the same decree alloweth no more to the Archb. B. Archd. nor their substitutes then so much as they may wel spend in one day for there diet and other necessary chardges Concerning which priuiledge graunted by the Canon of Bennet the 12. exempting Archbysh and Bysh from necessity of personall visitation and licensing them to visite by others in as much as the sayde Canon being contrariant or repugnant to the Lawes Statutes and Customes of the Realme or derogatory to her highnesse prerogatiue royall is not therefore authorized but rather abrogated by act of Parliament I answere that the sayde priuiledge is nowe a voyde priuiledge hauing no lawe cannon constitution or sinodall prouinciall to iustify the same For whether a bull briefe or any faculty graunted vnto any subiect of this realm from the sea of Rome in the time of Queene Mary or else when for the enioying many benefices or being nonsident and such like be pleydable in any her highnesse courtes or allowable within any her dominions the case argued not long since at the barr of common pleas betweene M. Sergeant Fleetewood and M. Sergeant Wameslowe and passed by the iudgement of the whole Court against Wameslow arguing for the validity of a Bull from Rome doth prooue the contrary Wherefore vnlesse our Prelates will rashly incurre the penaltie of her highnesse Laws inacted against abetters of forraigne iurisdiction they are well and warely to be aduised not to sticke vnto any priuiledge heretofore graunted by any Cannon from any Pope for the exaction of procurations due vnto their substitutes the same Cannon as preiudiciall to the Queenes prerogatiue royall being abrogated yea they are soberly and in good discretion to vse the benefite of common right alone and onlie to practise such canons as are in force by the former act of Parliamēt namely personally to visit in māner form before described For if they shall hereafter vpon the knowledge of these things vnaduisedlie attempt any thing vnto the contrarie her maiestie may be rightly mooued to exasperate the matter and to haue her sworde whetted against such contempts For though by such kind of visitation as is prescribed by commō right some pore Archd. perhaps hauing their subsidies tenthes valued according to the rate of their procurations might not be able to satisfie her maiesties said tenths subsidies yet not onlie the reuenues of fat Archb. B. Archdeconries could be no impediment hereunto For that they haue either lands personages prebendes to supply all such wants but also her maiesty by seasing some yearly portion of the said procurations into her own handes might for the maintainaunce of her royall state both haue the reuenues of her treasury greatly increased also the whole ministery from vnlawful exactions lawfully released Euery minister woulde more freely no doubt in confideration of the singuler peace hee enioyeth vnder her Maiesty yeelde vnto her maiesty a voluntary contribution of the one halfe of such procurations as nowe are yearely payable vnto a Byshop or Archdeacon rather then to pay the whole procurations vnto the sayde B. or Archdeacon vnder whome and by whom and with whome he is at continuall Warre And so where her maiesty receiueth nowe yearely for an Archdeaconrye valued at 40. pounds but 4. pound by yere for tenths her maiesty may wel receiue 20. poūd euē four times so much as at this present is due yea where her maiesty receiueth the first fruites of an Archdeacōry but once in the time of a mans life the ministery no doubt to be disburdened of Bysh and Archdeacons vntollerable visitations will in steed therof cheerfully at the end of euery ten yeares yeeld vnto her Maiesty in steede of the sayd first fruites the whole procurations now due vnto the sayde Bysh and Archdeacons the one may hereafter lawfully be yeelded the other hath beene heretofore vnlawfullye exacted as appeareth by the Conons following Extra de censib c cū venerabili Li◠6. de censib c. 1. §. procurationes Lib 6. de censib c. exigit We decree that the Byshop when hee shal come to any church for cause of reformation take of the same Church a moderate procuration And let him receiue such a prouision as is appointed in the Canons But neither he him selfe nor any of his family by meanes of any office or custome or by any other meanes whatsoeuer may receiue any mony in the name of any procuration and prouision onely let them receiue moderate expenses in victualles c. that he may not seem to seeke his owne but those thinges which are Iesus Christes And if any thing repugnant vnto this decree shall be attempted let him that receiueth it be holden accursed from the which let him not at any time be absolued vnlesse he restore the double Lib. 6. censi c. faelicis But because experience teacheth vs that by this means many inconuenience happen as well vnto the persons visiting as vnto the places and Churches visited we graunt that patriarks Archb. B. other vnto whom the office to visit belongeth may of such gouernoures or persons of places visited as are willing to disburce mony lawfully receiue the same for their moderate charges of victuall to be spent in those dayes wherein they shall personally visite Adding moreouer that the visitor whether hee shal visit one place alone or many places shal not lawfully receiue any more then one procuration for one day although euery place visited by him were able to pay one whol procuration in as much as it ought to suffice him to receiue temporall things of the places personally visited for those days wherin he ministreth vnto them spiriiual things For many procurations may not sayth Pope Clement Clement de censib c. ad nostrum be receiued for one day the office of visiting not perfourmed Lib 6. de offic ord c. si episcopus Neither may or ought a Byshop that doth not personally visit exact by his substitute or deputy any thing at all of those whom he by his substitute or deputy shall so visite Lib. 6. decens c. 1. §. 1. §. deinde If commodiously or without difficulty hee cannot come vnto euery church let him call the cleargy layty from many places vnto one cōuenient place then let him freely visiting the clergy and people onely receiue procuration of the places visited Lind. de cēsib c. 1. in fin Moreouer we straightly inhibite the Archd. that they receiue by no means procurations without a reasonable cause only for that day wherein they personally visit a Church able to prouide for them neither let them presume to extort any thing for the redemption of their visitation for every ordinarye saith the glosse vppon the word Personaliter that