that the King chiefly desiring to sustaine the people in tranquillitie and peace and to governe according to the lawes usages and franchises of his land by the assent and expresse will and accord of the Dukes Earles Barons and the Commons of his Realme and of all other whome these things touched ordained that all they c. By which desire of the King and words of the Act wee learne that our soveraigne Lord King Iames may sustaine his people The king with the assent of the nobles and commous may repeale statutes without consent of prelates 25 Ed 3. in tranquillitie and peace and governe according to the lawes usages and franchises of his kingdome though the assent and accord of Prelates bee never required to the enacting of any statute in Parliament Nay such hath beene and yet is the power of the King that with the assent and accord of the Nobles and Commons he hath authoritie to adnull and make voide even those Acts which in favour of Prelacie and assent of Prelates have beene enacted in Parliament As by an Act made in the time of King Edward the third is plainly to be seene For whereas the King by assent of the Prelates Earles c had willed and granted for him and for his heires certaine articles firmly to be kept and holden for ever namely that the Ministers of holy Church for money taken for redemption of corporall penance nor for proofe and accompt of Testaments nor for solemnitie of Mariage c. should not be impeached c. before the Kings Justices neverthelesse the same king in the same yeare with assent of the Earls Barons and other wise men of the Realme and without assent of Prelates revoked and adnulied the same articles againe Again king Richard the second hearing the complaints of his faithfull leige people and by their clamour in divers parliaments of divers abuses crept in against the solemne and devout ordinations of Churches c at the request and complaint of the commons by the advice 3 R. 2 c. 3. 7 R. 2 c. 12. and commonassent of the Lords temporall without mention of any Lords spiritual is said to have ordained That none of the kings liege people c. should take or receive within the Realm of England any procuracie c. And in the eleventh yeare of the same kings raign it is especially provided that the appeals pursuits c. made and given in the same parliament be approved affirmed and established as a thing Act. Mo. R. 2. duely made for the weale and profit of the king and of all the realm notwithstanding that the Lords spirituall and their procurators did by protestation absent them out of the Parliament at the time of the said judgement given And the like protestation being made by the Prelates and Clergie at a Parliament holden the third yeare of the same king it was replyed for the king that neither for their said protesttation The king bound by his oath to do his laws to be made though prelates protest against him or other words in that behalfe the king would not stay to grant to his Justices in that case and all other cases as was used to be done in times past and as he was bound by vertue of his oath at his coronation By all which premises it is as cleare as the Sun shining at noon day that the Lords spirituall be so farre from making any one of the three Estates as that if it please the king they may not bee so much as any member or part of any of the three Estates at all If in the time of king Henry the eight the Lords spirituall being then more in number than the Lords temporall had beene but such principall members of the high estate of Parliament as without whom neither law could The Lords spiritual no principall members of the parliaâ—ent otherwise than as the King pleaseth have beene made Monasterie nor Priorie might have beene dissolved what could the king have done as head and the Commons have done as feet and the Nobles have done as the heart the Liver and the Longs to the dislording and discloystering of the Abbots and Priors the Monkes and the Friers of those dayes In case the Prelates with their armes and with their shoulders with their hands and with their hornes had heaved and shoved and pushed and thrusted to the contrary But to come nearer unto our owne times and remembrances if it cannot be proved that above one Lord spirituall was present in parliament and gave any assent to the enacting of statutes made in the first yeare of the Queenes Majesties raigne deceased but that it bee a No Lords spirituall present in parliament 1 Eâ— cleare case that the ancient jurisdiction preeminences rights and priviledges of the kings Crowne were restored that poperie and superstition was banished and the doctrine of the holy Gospell harboured only by the Queene the Lords temporall and commons what more plaine evidence or better prooâ—e can there be that the Lords spirituall by any necessitie be neither principalls nor accessaries neither branches nor buds nor any essentiall member of the house of Parliament And of this opinion are the soundest Historians and sincerest Divines of our age In the fifteenth yeare of King Edward the third saith Master Fox divers petitions being put up in Parliament against provisions comming Act. Mâ— fol. 320. from Rome the Kings answer and agreement was made in form following viz. It is agreed by the Kings Earles Barons Justices and other wise men of the Realme That the petitions aforesaid bee made in sufficient forme of law Where it is to be noted saith hee that at the grant hereof the consent of the Bishops is neither named nor expressed with the Lords of Parliament and yet the Parliament standeth in his full force notwithstanding At an other Parliament Act. Mo. 525. saith he William Wicham Bishop of Winchester for a slanderous report savouring of a contumelious lye and proceeding of a subtile zeale meaning falshood was so by the Duke of Lancaster pursued that by act of Parliament he was condemned and deprived of all his temporall goods And this seemeth to have beene done saith Master Fox without assent and against the wills of the Lords spirituall for afterward at an other Parliament great suite was made by the Clergie for deliverance of the said Bishop and being asked a subsidie in the Kings behalfe with great lamentation they complained for lacke of their fellow and brother of Winchester and denyed to joyne themselves in any tractation of any such matter And in another Parliament holden at Yorke in the sixth yeare of King Edward the third all such Act. Mo. 519. lawes as then passed and were concluded by the King Barons and Commons were good notwithstanding the absence or malice of the Lords Spirituall For it is recorded saith he that onely the Archbishop of Yorke the Bishop of Lincolne and the Abbots
Scripture to be given them by God and therefore the King and Parliament may be pleased to abolish both them and their power as King Hen. 8. did abolish Monkes and Friars 26. 40. and 28 The challeng for Lordly primacy out of the great charter answered 28 The study of the civill Law and the professors of it may florish more than now they doe 28 Fees for probate of testaments let to farme 29 Fees dew for execution of functions of the Canon Law disproportionable for a Dâ—ctor of the Civill Law 30 An Act of Parliament for the advancement of the Civill Law is set downe and a forme laid for all proceedings in the Courts in which the Civill Lawyers should be Iudges 32 33 It will advance the honour of the King and the good of his subjects to have matters of tithes and testaments and matrimony reduced by act of Parliament to bee tried by the Iudges of the Common Law 37 Matters of tithes and other causes of light nature pertaine to civill justice 37 The temporall law may easily bee applyed to causes now reputed Ecclesiasticall 39 How legacies may be recovered at the Common Law 42 Matters of marriages more fit to bee decided by the Kings officers than by the Bishops 43 Much adâ—e in the Bishops Courts about Accipio and Accipiam 44 The common Law preferred by the Bishops above the Law of God and the civill Law 45 Causes of Adulteries Slander Heresie which by sufferance only have bin exempted from the Cognizance of the King may be arbitrated by the Iudges of the common Law 47 Hierarchy may be judged felony if it please the King 49 The cognizance of all crimes as well as of some by the Law of God belong to the King 50 No impeachment and impropriations in lay mens hands the stat of 15. Rich. 2. and the 4. Hen. 4. being observed for a Vicar endowes yet if it please the King Parliament a law may be made for reducing of impropriations which may bee done First by restitution Secondly by commutation Thirdly by redemption Fourthly by contribution 52 Parochiall Churches to what use they were founded 56 First restitution of many may and ought to be which are now accounted the temporall revenues of Archbishops and Bishops which were given to severall Churches are now spoyled of them by Archbishops and Bishops 55 56 57 58. Secondly commutations may be made of many of the Bishops lands given to superstitious uses for many impropriations in the Kings hand and the hands of many of the Nobility 56 58 59 Thirdly there may bee a redemption made of the same land or buying in of many impropriations by a common purse or treasury which will increase 1. When the people shall be discharged of the burden of Ecclesiasticall Courts 2. The treasure will increase by the dissolution of Chapels of ease and uniting two Parishes into one and especially in great Cities and Towns where often are but small Livings 61 Dissolution of Chapels no new thing Ibid. Chapels the Seminaries of hirelings 62 3. By sequestration of the Livings of non residents 4. By the forfeiture of penall Lawes due to the King 60 61 62 63 Sequestration of the Churches of pluralists may further the treasure for redemption of impropriations 63 By what contributions Impropriations may bee brought to the use of the ministery 63 Fourthly the fourth meanes viz by contribution wherby Impropriations may be reduced to the ministery 63 64 65 How and by what means impropriations may be reduced into the ministery 65 66 None of the three estates in Parliament is lost by removall of the Hierarchy as appeares by severall statutes viz. 25. E. 3. c. 24. 31. Ed. 3. Stat. of Herrings 3. R. 2. c. 3. 7. R. 2. c. 12. 1. E. c. 2. 68 69 70 71 72 73 The state of Prelacy founded by the Grandfather of K. E. 3. 69 The K. having the assent of the Nobles and Commons may repeale statutes without the assent of the Prelates 70 The argument answered in which it is said that it hath been alwayes dangerous to pick quarrels against laws setled 74 75 Lesse danger to reforme the Church by new lawes than to continue corruption by old lawes 74 That argument answered in which it is said that there must of necessity be in every Parish one Pastor a company of Seniors and Deacon or two at the least and all those to be found of the Parish 75 76 77 78 What kind of men ought to be chosen Seniors and Deacons 76 The judgment of the Commissioners of Ed. 6. touching Elders and Deacons 77 The election of Pastors by the people stands upon the ground of reason and nature rules of Christian equity and the law of God therefore by no Law or custome can justly be taken away though actually it was by the Pope 79 to 87 Dangerous to innovate unlesse there be evident utility in innovation 80 The common manner of election in the old Churches was by the people 81 The King without the people hath power to nominate the Kingly Bishop 82 M. Bilson confirmes the peoples election of their Pastor 83 A great difference betwixt the choice of Bishops in England and Pastors 86 No Schisme hapned by choice of Pastors by the people ancient schimes were ever from the election of Bishops 87 88 therefore a Stat. is desired for the giving of election of their Pastors 86 Election of publike officers in Cities and Boroughs is by the principall men of these places 90 91. therefore Ministers may bee elected the officers of Cities and Townes Corporate chosen without contention therefore Pastors may be also chosen 90 The people would be more carefull of their Election than Bishops have been the people could make no choice of insufficient Ministers unles the Bishops did make insufficient Ministers 93 94 The common people accused of backwardnesse in Religion the reason of that must needs be from their ill guides 95 Men of excellent gifts and men of no gifts are unequally matched in the ministery of the Gospell 96 The people may know a man to be a fit Minister though he be not brought up among them 98 What knowledge of a Minister is required in the people before they choose him No partiall suits can follow the election of Ministers by the people 100 The means to take away all symony for places in the Ministry 100 The inconveniences of Bishops ordination set downe 102 As many suits betweene the Bish and the Clerke 2. suits between the Clerke and the Archdeacon 3. suits betweene the B. and the Archdeacon 4. Riots and breaches of the Kings peace 5. unlawfull Fees for Letters of institution 6. unlawfull Fees for letters of sequestration 105. 7. Perjury by the Clerk and robbery by the Patron 8. Chopping of benefices and dispensations 106. A supplication to the Parliament to consider these inconveniences and likewise a briefe way is set downe of the redresse of them 107 Diverse things set down concerning ordination of Ministers
the Bishops and Archdeacons their Courts Wee will examine what fees Doctors of the civill law being Chancellors Commissaries or Officials have usually and ordinarily allowed unto them by their Lords and Masters Fees for probat of Testaments granting Fees for probat of testaments let to farm of administrations with their appendances of late years in some places whether in all or how many I know not have beene demised unto farm for an annuall rent out of which either a small or no portion at all have beene allowed unto the Chancellor or Officiall for his service in this behalf Whereupon as I conjecture it hath fallen out rather than that those Officers would worke keepe Courts and travaile for little or nought ther have been exacted greater fees for the dispatch of these things than by law ought to have bin paid Perquisits of courts arising upon suites commenced betweene partie and partie it must be a plentifull harvest and there must be multi amici curiae in a Bishops consistorie if ordinarily communibus annis they amount in the whole to twenty pounds by the yeare and yet these perquisits belong not wholly to the Chancellor but are to be devided between him and the Register And touching fees for excommunication and absolution fees for institution and induction licences to preach licences for Curats and Readers For testimoniall of subscription or licences to marry without banes fees for commutation of penance and fees for relaxation of sequestrations touching these manner of Fees if the same be fees no Fees due for the execution of the functions of the canon law dishonourable for a Doctor of the civill Law way warrantable how are not then such fees every way dishonourable for a Doctor of the Civill law to take either of Ministers or people There must be therefore some other hope of better reward and maintenance to incite and incourage schollars to the studie of the civill law than are these beggerly and unlawfull fees depending upon the functions and exacted by the Officers of the Canon law or els the use of the civill law as the Admonitor saith must necessarily in short time be overthrown For if Fees for probat of Testaments and granting of administrations with their appendices shall still be let to farme and if also many unlawfull fees were quite inhibited there would remaine I trow but a very poore pittance for Civilians out of the functions of the Canon law to maintain their Doctoralities withall But what better reward can there bee for Civilians than hath already beene mentioned If the Admonitor had not willingly put a hood Civilians in England live not only by the functions of Canon law wincke before his eyes he might have seene that the Civilians live not wholly and altogether by the practice of the Canon Law but partly also and that most honourably by the use of the Civill law If a Doctor of the Civill Law be judge or Advocate in the Court of Admiraltie if he be Judge or Advocate in the Prerogative Court so farre as the same Court handleth only matters of Legacies Testaments and Codicills to what use can the Canon Law serve him or what advantage can the same Law bring him in Beside to what use serveth the Canon Law unto a Doctor of the Civill Law if he shall finde favour in the Kings sight and if it please the King to make him one of the Masters of his Requests or one of the twelve Masters of his high Court of Chancery or to be the Master of his Rolls or to be his Highnesse Embassador unto forraigne Nations or to be one of his Highnes most honourable privie Councel or to be one of his principall Secretaries It followeth not therefore as the Admonitor pretendeth that either the Civilians in this Realme live not by the use of the civill law but by the offices and functions of the Canon law and such things as are within the compasse thereof or that the hope of reward and by that means the whole studie of the Civill Law must be taken away if once the Canon Law should be abolished Neither would it bee any hard matter for the King if the Civilians might find grace in his sight to appoint Courts Offices and all manner of processe and proceedings in judgement for Doctors of the Civill Law to heare and determine in the Kings name all causes being now within the compasse of any Civill or Ecclesiasticall Law within this Realme And although a little candle can give but a little light and a small Spring can send forth but a small streame yet because great fires are kindled sometimes by little sparkles and small streames meeting together may in time grow into great riveâ—s I shall desire the great Civilians with their floods and lamps of learning to help forward such a law as whereby the study of the Civill Law may be upholden the reward and maintenance of Civilians without any function from the Canon Law may be enlarged many controversies and disorders in the Church may be pacified and the Kings Prerogative Royall bee duely advanced Which things if it might please them rightly to consider then let them humbly and seriously beseech our Soveraigne Lord the King and States in Parliament to give their consents to such a Law as the project ensuing may warrant them the same not to bee dangerous to the overthrow of their civill studies The Project of an Act for the explanation and amplyfying of one branch of a Statute made in the first year of the raign of Queen ELIZABETH entituled An Act restoring to the Crowne the ancient jurisdiction over the state Ecclesiasticall and also for the declaring and reviving of a Statute made in the first year of King EDWARD the sixth entiled An Act what seales and stiles Bishops and other spirituall persons exercising jurisdiction Ecclesiasticall shall use FOrasmuch as by one branch of an Act made in the first yeare of our late Soveraign Ladie of blessed memorie Queen Elizabeth entituled an Act restoring to the Crowne the ancient jurisdiction over the state Ecclesiasticall and Spirituall and abolishing all forraign power repugnant to the same it was established and enacted That such jurisdictions priviledges superiorities and preeminences Spirituall and Ecclesiasticall as by any spirituall or Ecclesiasticall power or authority hath heretofore beene or may lawfully be exercised or used for the visitation of the Ecclesiasticall state and persons and for reformation order and correction of the same and of all manner errors heresies schismes abuses offences contempts and enormities should for ever by authoritie of that present Parliament be united and annexed to the imperiall Crown of this Realm by means whereof it may now be made a question whether any Archbishops or other Ecclesiasticall persons having since that time used or exercised any such spirituall or Ecclesiasticall jurisdiction in their owne right or names might lawfully have done or hereafter may lawfully do the same without speciall warrant and authoritie derived
of the Common Law before the Kings Judges and Justices of the Kings bench and Common pleas By a Statute of 32. H. 8. c 7. it is cleare that all tyths oblations c. and other Ecclesiasticall or Spirituall profits by the lawes and statutes of the Realme may be made temporall as being admitted to be abide and goe to and in temporall hands lay-uses and profits From the reason of which statute it is cleare that those lawes likewise may be reckoned amongst us for temporall lawes which by the lawes and statutes of the Realme may be executed by temporall and lay persons and which are conversant about temporal and lay causes If then the execution of the Lawes touching these matters may lawfully remaine and abide in the hands of Doctors of the Civill Law being temporall and lay persons as alreadie under the Bishops they doe it cannot be denied but that the Kings Judges and Justices of both benches may bee as competible Judges to put in execution the lawes concerning these matters as Doctors of the Civill Law or other lay men be But the causes are not reputed and called temporall and lay causes amongst us What for that if in their owne nature simply considered these causes be merely lay and temporall causes such causes I meane as whereof the King a lay civill and temporall Magistrate by his lay civill and temporall Magistracie derived unto him immediately from the holy law of God may and ought to take cognizance and thereupon either in his owne Royall person or by the person of any of his inferiour Officers may give absolute and peremptorie judgement If I say these things be so what booteth it or what wisedome is it to contend that these causes and matters have been and are still adjudged to be therefore Ecclesiasticall and no temporall causes because through an abusive speech or through a vaine and evill custome they have beene so led and accompted in times past And what if it hath pleased the Kings Progenitors by sufferance to tolerate the executions of such Lawes as concerne these things to bee in the hands and power of Ecclesiasticall persons yet hereupon it followeth not that in very deede and truth the Magistracie of the said Ecclesiasticall persons was an Ecclesiasticall Magistracie or that they were Ecclesiasticall Magistrates but their Magistracie was and remained still a temporall magistracie and they were and abode temporall Magistrates For not more can the qualitie of the person alter the nature of the cause than can the qualitie of the cause alter the nature of the person And if it be true that matters determinable in times past by a Magistracie abusively called Ecclesiasticall be notwithstanding properly temporall matters and that the same Magistracie also be a temporall and no spirituall Magistracie what a childish and poore conceit is it to challenge and threp upon the temporall Magistrate that he hath none or very few temporall lawes touching those matters and that therefore the people should not solicit an alteration of abuses in Church government left for want of temporall lawes the people should bee without Ecclesiasticall discipline It will be no small matter saith he to apply these things to the temporall law yea and so say I to But what of that The question is not how hardly these things may be applyed to the temporall law but how small a matter it were to apply the temporall law unto these things For it is not said in any law that casus ex juribus but it is said in all lawes that ex casibus jura nascuntur The temporall law may easily be applyed to causes now reputed Ecclesiasticall And indeed the Phisition applyeth not the disease to his Phisick but he prepareth his phificke for the disease The husband-man he measureth not his ground by the seed but his seed by the ground The Draper he meateth not his yard by the cloth but his cloth by the yard If in like manner the temporall lawes and the grounds and rules thereof were applyed to these matters of tythes marriages c. whereof he speaketh what more alteration could there bee of the temporall law by such an application then there is an alteration of the plummet by laying it to the stone or than there is an alteration of the rule or yard by laying them to the timber and cloth Besides he that rightly and after an exact and equall proportion can apply one rule or maxime of the temporall law to many more cases than whereupon it hath beene usually in former times applyed hee may rather bee reputed an additioner than an alterer of the Law But how may the temporall Law be applyed to those matters how even so and so as followeth By the statute of 32. H. 8. c. 7. it is declared that tythes oblations how tythes may bee recovered in the Kings temporall Courts c. and other Ecclesiasticall or spirituall profits c. being lay mens hands to lay uses be no more Ecclesiasticall but temporall goods and profits and that if any person were diseased deforced wronged or otherwise kept or put from his lawfull inheritance estate seisin c. of in or to the same by any person claiming or pretending to have interest or title in or to the same that then in all and every such case the person so disseised deforced or wrongfully kept from his right or possession shall and may have his remedie in the Kings tempoâ—al Courts as the case shall require for the recoverie of such inheritance by writ originall c. to be devised and granted out of the Kings Court of Chancery in like maner c. It is there likewise provided that that Act shall not extend nor be expounded to give any remedie cause of action or suite in the Courts temporall against any person which shall refuse to set out his tythes or which shall detaine c. his tythes and offerings But that in all such cases the partie c. having cause to demand or have the same tythes shall have his action for the same in the Ecclesiasticall Courts according to the ordinance in the first part of that act mentioned and none otherwise Now then sithence every person whether he be lay or Ecclesiasticall having right to demand tythes and offerings hath the partie from whom those tythes be due bound and obliged unto him and sithence also the partie not dividing yeelding or paying his tythes doth actually and really detaine the same and thereby doth unjustly wrong the partie to whom they be due contrary to justice and the Kings lawes sithence I say these things be so what alteration or disadvantage could befall or ensue to the Common Law or the Professors thereof if so be it might please the King with his Parliament to have the last part of this Act so to be explained extended and enlarged as that the same might give remedy in the Kings temporall Courts by writ originall to be devised and granted out of the Chancerie against
written of the common law is reported hath beene in times passed presented and punished in leets and law-dayes in divers parts of the Realme by the name of Letherwhyte which is as the booke saith an ancient Saxon terme And the Lord of the Leet where it hath beene presented hath ever had a fine for the same offence By the statute of those that be borne beyond the seas it appeareth that the King hath cognizance 25. Ed 3. of some bastardy And now in most cases of bastardie if not in all by the statute of Eliz. the reputed father of a bastard borne is lyable to be punished at the discretion of the justices of peace Touching perjurie if a man lose his action by a false verdict in plea Perjurie if punishable temporally in some cases why not in all of land he shall have an attaint in the Kings Court to punish the perjurie and to reforme the falsitie And by divers statutes it appeareth that the Kings temporall Officers may punish perjurie committed in the Kings temporall Courts And though it be true that such perjury as hath risen upon causes reputed spirituall have beene in times past punished only by Ecclesiastical power and censures of the Church yet hereupon it followeth not that the perjurie it selfe is a meere spirituall and not a temporall crime or matter or that the same might not to be civily punished By a statute of Westminster 25. Edw. 3. it was accorded that the Vsurie King and his heires shall have the cognizance of the usurers dead and that the Ordinaries have cognizance of usurers on life to make compulsion by censures of the Church for sinne and to make restitution of the usuries taken against the lawes of holy Church And by another statute it is provided that usuries shall not turne against any being â—0 h. 3. â— 5. within age after the time of the death of his Ancestor untill his full age But the usurie with the principall debt which was before the death of his ancestor did remaine and turne against the heire And because all usurie being forbidden by the law of God is sinne and detestable it was enacted that all usurie lone and forbearing of money c. giving dayes c. shall be punished according to the forme of that Act. And that every such offender shall also bee punished and corrected according to the Ecclesiasticall lawes before that time made against usurie By all which statutes it seemeth that the cognizance and reformation of usurie by the lawes of the Realme pertaineth onely to the King unlesse the King by his Law permit the Church to correct the same by the censures of the Church as a sin committed against the holy law of God Touching heresies and schismes albeit the Bishops by their Episcopall and ordinarie spirituall power grounded upon Canon law or an evill custome have used by definitive sentence pronounced in their Consistories to condemn men for heretikes and schismatikes and heresies schismes are punishable by the kings laws afterward being condemned to deliver them to the secular power to suffer the paines of death as though the king being custos utriusque tabulae had not power by his kingly office to inquire of heresie to condemn an heretike and to put him to death unlesse he were first condemned and delivered into his hands by their spirituall power although this hath been I say the use in England yet by the statutes of Richard the second and Henry the fifth it was lawfull for the Kings Judges and Justices to enquire of heresies and Lollards in Leets Sheriffs 25. h. 5. c. 14. turnes and in Law dayes and also in Sessions of the peace Yea the King by the common law of the Realme revived by an act of Parliament which before the Statute of Henry the fourth was altered may pardon a man condemned for heresie yea and if it should come to passe that any heresies or schismes should arise in the Church of England the king by the Lawes of the Realme and by his Supreme and 1 Eliz c. 1. Soveraigne power with his parliament may correct redresse and reforme all such defaults and enormities Yea further the king and his 1 Eliz. c. 1. parliament with consent of the Clergie in their Convocation hath power to determine what is heresie and what is not heresie If then it might please the king to have it enacted by parliament that they which opiniatively and obstinately hold defend and publish any opinions which according to an Act of Parliament already made have beene or may be ordered or adjudged to bee heresies should bee heretikes If it please the King heretikes may be adjudged felons and heresies felonies and felons and their heresies to be felonies and that the same heretiks and felons for the same their heresies and felonies being arraigned convicted and adjudged by the course of the common law as other felons are should for the same their heresies and felonies suffer the paines of death there is no doubt but the King by vertue of his Soveraigne and Regall Lawes might powerfully enough reforme heresies without any such ceremoniall forme papall observance or superstitious solemnitie as by the order of the Canon Law pretended to bee still in force have beene accustomed And as these offences before mentioned bee punishable partly by temporall and partly by Ecclesiasticall authoritie so drunkennesse absence from divine service and prayer fighting quarrelling and brawling in Church and Churchyard defamatorie words and libels violent laying on oâ— hands upon a Clarke c. may not onely bee handled and punished in a court ecclesiasticall but they may also be handled and punished by the King in his temporall courts By all which it is evident that the Clergie hath had the correction of these crimes rather by a The cognizance of all crimes as well as of some crimes â—â— the law of God belong to the King custome and by sufferance of Princes than for that they be meere spirituall or that they had authoritie by the immediate law of God And if all these as well as some of these crimes by sufferance of Princes and by a custome may be handled and punished spiritually then also if it please the King may all these as well as some of these crimes without a custome be handled and punished temporally For by custome and sufferance only some of these crimes be exempted from the cognizance of the King and therefore by the immediate law of God the cognizance as well of all as of some oâ— these crimes properly appertaineth unto the King And then the judgement of those men who defend judgements of adulterie slander c. to be more temporall and by the temporall Magistrate only to be dealt in seemeth every way to be a sincere and sound judgment Howbeit they doe not hereby intend that the party offending in any of these things and by the Kings law punishable should therefore wholly bee exempted and freed
and No Constitutions or Ordinances provinciall or other canons to bee alledged therefore once they were all abolished adnulled shall be abolite and of no value and such other of the same Constitutions and Canons as by the said 32. persons c. shall be approved to stand with the Lawes of God and consonant to the Lawes of this Realme shall stand in their full strength and power c. These are the words of the petition and submission c. the letter of the body of the Statute in effect is this Be it therefore enacted c. That they nor any of them from henceforth shall presume to attempt alledge claime or put in ure any Constitutions or Ordinances The King and thirty two persons have no power to examine papall canons therfore papall canons intended to bee wholly abolished Provinciall or Synodall or any other Canons And forasmuch as such Canons Constitutions c. as heretofore have beene made by the Clergie or this Realme can not c by reason of the shortnesse c. be it therefore enacted c. that the Kings Highnesse c. shall have power c. and that the said 32. persons c. shall have power and authoritie to uiew search and examine the said canons constitutions c. Provinciall and Synodal heretofore made and such of them as the Kings Highnes c. shall deeme and adjudg worthy to be continued and kept shall be from henceforth kept c. and the residue of the said Canons constitutions and ordinances provincial which the K. Highnes c. shall never be put in execution within this Realme These are the words of the body of the Law the words of the Proviso are these Provided Canons provinciall already made only on authorised by the proviso therefore no papall Canons in force that such Canons Constitutions Ordinances and Synodals Provinciall being already made which be not contrariant c. shall now still be used and executed as they were before the making of this Act till such time as they be viewed searched c. by which words of the petition body of the statute and proviso three things seeme principally to be meant and intended First an utter and absolute abolition of all Canons Constitutions Ordinances and Synodals before that time made by the Clergie within the Realme or by any forraigne power within the Realme whatsoever Secondly a view search and examination of all Canons Constitutions and Ordinances Provinciall or Synodall before that time made by the Clergy within the Realm And lastly because the Church should not utterly bee destitute of all Canons c. Provinciall or Synodall a reestablishment or reauthorisement of all such of the said Canons Provinciall or Synodall as were not onerous to the people contrariant or repugnant to the Lawes Statutes or customes of the Realme nor prejudiciall to the Kings prerogative Royall was agreed upon till the said Provinciall Canons c. were viewed searched and examined All Papall and forraigne Canon Law then before that time made without the Realme being once inhibited to be attempted alledged claymed or put in ure and by consequence adnihilated abolished and made voide unlesse the same be againe revived and reestablished remaine frustrate and adnulled still and therefore ought not to be attempted alleaged claimed or put in ure Besides it is plaine that forraign and Papall Canon Law was never intended to be reauthorised because the same Law was never committed to the view search and examination of the King and 32. persons The King therefore and 32 persons by vertue of this act not having any authoritie to view search and examine any forraign Canon Law though he and they had deemed and adjudged any part of the same Law worthy to have beene continued kept and obeyed yet neverthelesse had not the same beene of any force or validitie For only such Canons Constitutions and Ordinances Provinciall or Synodall being not contrariant onerous or prejudiciall to the King to the Lawes or to the people were reestablished as were committed Besides whereas about twenty yeares passed divers Canons Constitutions and Ordinances as well Papall as Provinciall were alleaged by him that collected an Abstract against an unlearned ministery against Dispensations for many benefices against excommunication and against Civill jurisdiction in Ecclesiasticall persons the answerer in the behalfe and maintenance of those abuses challenged the author for not having proved his intent by law in force affirming that Tit. pag. 1. 2. The answerer unto the Abstract proveth by his reasons the Papall Canon law now used to bee abolished the Canons and Lawes by him alleaged were but pretended necessary and disused lawes that they were not inspired with the life of lawes that such were fathered for lawes as bee not Lawes and that it remained by him to be discussed how many of them were to be called in truth her Majesties lawes The reason of all which his exceptions he yeeldeth to be this namely that the Author ought to have proved them not to have beene repugnant to the customes of the Realme but to have beene in use and practice before the making of the act of submission For he must prove saith the Answerer that they are not repugnant to the customes of this Realme and shew us how they have beene used and executed here before the making of the statute yea he can say that they are by law established among us Which points saith he because we learne by law quod facta non praesumantur matters in fact are not intended to be done untill they be proved so wee must still put him to his proofes and in the meane time say that he hath gaped wide to say nothing to the purpose and that in his whole booke he hath talked but not reasoned All which asseveration of this Answerer if the same be true and if this plea bee a good averment to bar the Author from having proved a learned ministerie to be commanded by the law dispensations for many benefices to be unlawfull excommunication by one alone to be forbidden and civill government to bee unlawfull in Ecclesiasticall persons then much more forcibly may this argument be retorted upon all such as claime alleage and put in ure any portion of the forraigne Canon Law For sithence it hath never yet beene proved that the forraign Canon Law used and executed at this day was accustomed and used 25. H. 8. then because wee learne by law as he saith quod facta non prae sumantur wee must still put him and his clients to their proofe and in the meane while tell them that their Advocate hath twisted for them but a bad thread when by his reason he hath untwined all their lawes and broken a sunder the bands of their government Moreover because it is not yet proved that the forraigne and Papall Canon Law is not contrariant nor repugnant to the Lawes statutes or customes of the Realme nor derogatorie to the prerogatives of the
regall Crown nay because the contradictorie hereof is affirmed and this denyed and because we learn by law as he saith that matters in fact are not intended to be done till they be proved so we must still put the upholders and executioners of this law to their proofe and in the meane while tell them that the forraigne and Papall Law is but a pretended necessary and disused law that it is not inspired with the life of Law and that it is fathered by them to be such a Law as is an headlesse a fetherlesse and a nocklesse arrow which is not fit to be drawne or shot against any subject of the King And from this voidance abolition and nullitie of forraigne and papall Canon Law because sublato principali tolluntur accessoria it followeth that all offices and functions of papall Archbishops papall Bishops papall Suffraganes papall Archdeacons papall Deanes and Chapters papall Priests papall Deacons papall Subdeacons papall Chancellors papall Vicars generall papall Commissaries and papall Officials meerely depending upon the authoritie and drawne from the rules and grounds of that Law are likewise adnihilated and of no value Howbeit for so much as by the opinion of some learned Civilians By the opinion of the Civilians the papall Canon law seemeth to be in force there seemeth unto them a necessary continuance of the same forraigne and papall Law by reason that Archbishops and Bishops doe now lawfully as they say use ordinarie Archiepiscopall and Episcopall jurisdiction which they could not as they thinke doe if the same common law were utterly abolished and for so much also as some learned in the Canon lawes do maintaine that since the statute Apology of certain proceedings in Courts Ecclesiastical of 1 Eliz. c. 1. the Archbishop and Bishop cannot lawfully claim any ordinarie spirituall jurisdiction at all but that the spirituall jurisdiction to be exercised by them ought to bee delegated unto them from the King by a Commission under the great Seale Forasmuch I say as there are these differences of opinions it seemeth expedient to be considered by what law and by what authoritie Archbishops and Bishops exercise Archiepiscopall and Episcopall power in the Church And to the end this question may fully bee knowne and no scruple nor ambiguitie be left what power spirituall may be intended Power properly and improperly called spirituall Queens Injunct and execut of justice to be exercised by them We distinguish spirituall power into a power properly called spirituall and into a power improperly or abusively called spirituall Ther power properly called spirituall is that spirituall power which consisteth and is conversant in preaching the Word administring the Sacraments ordaining and deposing Ministers excommunicating or absolving and if there bee any other spirituall power of the like property and nature Now that this power properly called Power properly called spirituall was never in the Queenes person spirituall could have beene drawne from the person of our late Soveraigne Lady the Queene unto Archbishops and Bishops we deny For the Queenes Royall person being never capable of any part of this spirituall power how could the same bee derived from her person unto them Nemo potest plus juris in alium transferre quam ipse habet Archiepiscopall and Episcopall power therefore exercised in and about these mysteries of our holy Religion ordinarily and necessarily must belong unto the Archbishop and Bishop by the canon of the holy Scriptures otherwise they have no power properly called Power improperly called spirituall is indeed but a temporall power spirituall touching these things at all The power which improperly is called spirituall is such a power as respecteth not the exercise of any pastorall or ministeriall Church to the internall begetting of faith or reforming of manners in the soule of man but is such a power as wherby publike peace equitie and justice is preserved and maintained in externall things peculiarly appropried and appertaining unto the persons or affaires of the Church which power indeed is properly a temporall or civill power and is to bee exercised onely by the authoritie of Temporall and Civill Magistrates Now then to returne to the state of the point in Question touching this later power improperly called spirituall by what law or by what authoritie the Archbishops and Bishops doe exercise this kinde of power in the Church I answer that they cannot have the same from any forraigne Canon Law because the same Law with all the powers and dependences thereof is adnulled And therefore that this their power must and ought to be derived unto them from Bb. where From whence then is their power derived Hereunto we answer that before the making of that act spirituall jurisdiction did appertaine unto Bishops and that Bishops were ordinaries aswell by custome of the Realme canons constitutions and ordinances provincial and synodall as by forraigne canon law And that therefore these canons constitutions and ordinances provinciall or synodall according to Bishops remaine ordinaries by custome provinciall Canons statute law though papall Canon law be abolished 25. h. 8. c 20. 25. h 8. c â—6 the true intent of that act could not still have been used and executed as they were before if the Bishops had not still remained ordinaries Moreover it is cleare by two statutes that the Archbishops and Bishops ought to be obeyed in all manner of things according to the name title degree and dignitie that they shall be chosen or presented unto and that they may doe and execute minister use and exercise all and every thing and things touching or pertaining to the office or order of an Archbishop or Bishop with all ensignes tokens and ceremonies thereunto lawfully belonging as any Archbishop or Bishop might at any time heretofore do without offending of the prerogative royall of the Crown and the laws and customes of this Realm Let it be then that by custome canons provinciall and statute law Bishops be and do remaine ordinaries yet aswell upon those words of the statute 25. H 8. without offending of the prerogative Royall as upon the statute of 1. Eliz. cap. 1 there remaineth a scruple and ambiguitie whether it be not hurtfull or derogatorie unto the Kings Prerogative Royall that Ordinaries should use and exercise their ordinarie power improperly called spirituall without a commission under the great Seale or that such their power should be as immoderate and excessive now as in times past it was by the Papall Canon law Concerning the first by the Statute of 1 Eliz. c. 1. and by the Statute of 8 Eliz. c. 1. the Queene was recognized to be in effect the Ordinarie of Ordinaries The Queen was supreme ordinary of ordination that is the chief supreme and soveraign Ordinary over all persons in all causes aswell Ecclesiasticall as Temporall Where it seemeth to follow that all the branches and streams aswell of that power which improperly is called spiritual as of that power which properly is called
immediately from your highnesse by and under your Highnesse letters patents And whereas also by a statute made in the first yeare of King Edward the sixth entituled an Act what seales and stile Bishops or other spirituall persons shall use it was ordained that all and singular Archbishops and Bishops and others exercising Ecclesiasticall jurisdiction should in their processe use the Kings name and stile and not their owne and also that their Seales should be graved with the Kings arms And forasmuch also as it must be highly derogatorie to the imperiall Crowne of this your Highnesse Realme that any cause whatsoever Ecclesiasticall or temporall within these your Highnesse Dominions should bee heard or adjudged without warrant or commission from your Highnesse your heires and successors or not in the name stile and dignity of your Highnesse your heires and successors or that any seals should be annexed to any promise but onely your Kingly seale and armes May it therefore please the King at the humble supplication of his Commons to have it enacted That the foresaid branch of the foresaid Act made in the first yeare of Queene Elizabeth her raigne and every part thereof may still remaine and for ever bee in force And to theend the true intent and meaning of the said statute made in the first year of K. Edw. the sixth may be declared and revived that likewise by the authoritie aforesaid it may be ordained and enacted that all and singular Ecclesiasticall Courts and Consistories belonging to any Archbishops Bishops Suffraganes College Deane and Chapter Prebendarie or to any Ecclesiasticall person or persons whatsoever and which have heretofore beene commonly called reputed taken or knowne to be Courts or Consistories for causes of instance or wherein any suite complaint or action betweene partie and partie for any matter or cause wherein judgement of law civill or Canon hath beene or is required shall and may for ever hereafter be reputed taken and adjudged to be Courts and judgement seates meerely Civill secular and temporall and not henceforth Ecclesiasticall or Spirituall and as of right belonging and appertaining to the Royall Crowne and dignitie of our Soveraigne Lord King James that now is his heires and successors for ever And that all causes of instance and controversies betweene partie and partie at this day determinable in any of the said Courts heretofore taken and reputed Ecclesiasticall shall for ever hereafter bee taken reputed and adjudged to be causes meerly Civill secular and temporall as in truth they ought to bee and of right are belonging and appertaining to the jurisdiction of the Imperiall crown of this Realme And further that your Highnesse Leige people may bee the better kept in awe by some authorized to bee your Highnesse Officers and Ministers to execute justice in your Highnes name and under your Highnesse stile and title of King of England Scotland France and Ireland defender of the Faith c. in the said Courts and Consistories and in the said causes and controversies Be it therefore enacted by the authorities aforesaid That all the right title and interest of in and to the said Courts and Consistories and in and to the causes and controversies aforesaid by any power jurisdiction or authoritie heretofore reputed Ecclesiasticall but by this Act adjudged civill secular and temporall shall for ever hereafter actually and really be invested and appropried in and to the Royall person of our Soveraigne Lord the King that now is his heires and successors Kings and Queenes of this Realme And that it shall and may be lawfull to and for our said Soveraigne Lord and King his heires and successors in all and every Shire and Shires Diocesse and Diocesses within his Highnesse Dominions and Countries by his and their letters patents under the great Seale of England from time to time and at all times to nominate and appoint one or moe able and sufficient Doctor or Doctors learned in the Civill Law to bee his and their civill secular and temporall Officer and Officers Minister and Ministers of justice in the same civill secular and temporall Courts and Consistories which in and over his and their royall name stile and dignitie shall as Judge and Judges doe performe and execute all and every such act and acts thing and things whatsoever in and about the execution of justice and equitie in those Courts according to the course and order of the civill Law or the Ecclesiasticall canons and constitutions of the Realme as heretofore hath beene used and accustomed to bee done by for or in the name of any Archbishops Bishops Colledge Cathedrall Church Deane Archdeacon Prebendary or any other Ecclesiasticall person or persons whatsoever And that all and every such civill secular and temporall Officer and Officers Minister and Ministers Judge and Judges in his and their processe shall use one manner of Seal only and none other having graved decently therin your Kingly armes with certaine characters for the knowledge of the Diocesse or Shire And further be it enacted c. That it shall and may be lawfull by the authoritie aforesaid for our said Soveraigne Lord the King his heires and successors from time to time and at all times to nominate and appoint by his and their Highnesse Letters Patents under the great Seale of England for every Shire and Shires Diocesse and Diocesses within his or their highnesse Dominions one or more able and sufficient persons learned in the Civill Law to be his and their Notarie and Notaries Register and Registers by him and themselves or by his or their lawfull Deputie or Deputies to doe performe and execute all and every such act and acts thing and things as heretofore â—â— the Courts and Consistories Ecclesiasticall aforesaid hath beene and â—ow are incident and appertaining to the office of any Register or Notarie And further at the humble suit of the Commons c. it may please the King to have it enacted that all and singular matters of Wills and Testaments with all and every their appendices that all and singular matters of Spousals and Marriages with their accessories that all and singular matters of defamation heretofore determinable in the Ecclesiasticall Courts and if there bee any other causes of the like meere civill nature shall bee heard examined and determined by the said civill and secular Officers and Iudges in the said civill and secular Courts according to the due course of the civill Law or statutes of the Realme in that behalfe provided And that all matters of Tythes Dilapidations repayre of Churches and if there bee any other of like nature with their accessories and appendices shall be heard examined and determined by the said civill and secular Officers and Judges in the said Civill and Secular Courts according to the Kings Ecclesiasticall Lawes Statutes and customes of the Realme in that behalfe heretofore used or hereafter by the King and Parliament to be established And at the humble suite of the Commons may it please the King to
have it further enacted That all manner of fees heretofore lawfull or hereafter by the King and Parliament to be made lawfull for or concerning the probat of Wills administration of the goods of the intestat letters of tuition receiving or making of accompts inductions to Archbishoprickes Bishoprickes Deanries Parochiall-Churches or other spirituall promotions and all other fees whatsoever heretofore lawfull or hereafter to be made lawfull for any travaile or paine to bee taken in or about the expedition or execution of any of these causes shall for ever hereafter be fees and allowances appropriated to the Judges and principall Registers of the said Courts equally to bee devided betweene them as heretofore hath beene accustomed and that the said Judges and Ministers within their severall charges shall be Collectors of the Kings tenths and subsidies granted and due by the Clergie taking for their travaile and paine in and about the same collection such fees as heretofore have beene accustomed Provided alwayes that none of the said civill and temporall Officers and Ministers nor any of them for any offence contempt or abuse to be committed by any person or persons in any wise incident to any of the said Courts and Consistories suspend excommunicate or interdict any person or persons but shall and lawfully may by authority of this present Act proceed against every offender and offenders by such ordinarie processe out of the said Register or Notaries office as is used upon a sub-paena out of the high Court of Chancerie and there upon default or contempt to proceed to attachment proclamation of rebellion and imprisonment of the partie offending as in the said high Court of Chancery is used Provided also that all appeales hereafter to bee made from all and every Court and Courts in the Shires and Diocesses of the Countrey shall bee made to the higher Courts as heretofore hath beene accustomed only with an alteration and addition of the names stiles and dignities of Archbishops Bishops and other Ordinaries unto the name stile and dignitie of our Soveraigne Lord the King his heires and successors And that upon the appeales so to be made it shall and may be lawfull for the Judges and Ministers of Justice of and in the said higher Courts to make out all manner of processe and processes and to do and execute all and every act and acts thing and things for the furtherance of Justice in the causes aforesaid as to them shalby the law seem equal right meet and convenient any law statute priviledg dispensation prescription use or custom heretofore to the contrarie in any wise notwithstanding Provided also that all and everie such Judge and Minister that shall execute any thing by vertue of this act shall from time to time obey the Kings writ and writs of prohibition of attachment upon prohibition and indicavit and not to proceed contrary to the tenour of such writ or writs in such and the same manner and form and condition as they have or ought to have done be ore the making of this act any thing in this act to the contrary notwithstanding Provided also that this act or any thing therein contained shall not extend or be interpreted to give any authoritie to the said Judges and Officers or any of them to put in execution any civill or Ecclesiasticall law repugnant or contrariant to the lawes statutes or customes of the Realme or hurtfull to the Kings Prerogative Royall And thus it may seeme to be but a small labour a little cost and an easie matter for the King his Nobles and Wisemen of the Realme to devise formes of judgement and manner of processe and proceedings without any offices or functions of the Canon law whereby the use and studie of the Civill Law and the reward and maintenance for Civilians might be furthered and increased and not utterly overthrown and taken away as the Admonitor uncivily beareth us in hand As for the alteration of the censure of excommunication for contumacy mentioned in this project we have the consent of the reverend Bishops in this admonition that the same may be altered For the Admonitor their Prolocutor speaketh on this wise viz. As for the excommunication Pag. 138. Excommunication for contumacie by the Admonitors judgement may be taken away without offence and with the good liking of the Bishops practised in our Ecclesiasticall Courts for contumacie in not appearing or not satisfying the judgement of the Court if it had pleased the Prince c. to have altered the same at the beginning and set some other order of processe in place thereof I am perswaded saith he that the Bishops and Clergie of the Realme would have beene very well contented therewith And speaking of a certain manner of civill discomoning used in the Church of Tigure he further addeth viz. Which or the like good order devised by some godly persons if it might be by authoritie placed in this Church c. I think it would be gladly received to shun the offence that is taken at the other ADMONITION And matters of Tythes Testaments and Matrimonie matters also of adulterie slander c. are in these mens judgements meere temporall c. therfore to be dealt in by the temporall Magistrate only which as yet have either none at all or very few laws touching those things therefore the common law of the Realme must by that occasion receive also a very great alteration For it will be no small matter to apply these things to the temporall law and to appoint Courts Officers and manner of processe and proceedings in judgement for the same ASSERTION Indeed we hold that all these matters wherof mention is here made Matters of tythes and other causes of like nature pertain to civill justice and all others of the like nature are merely civill and temporall and by the temporall Magistrate alone to be dealt in and to bee discussed if we consider the administration of externall and civil justice And this we thinke will be granted of all and not to be denyed of any unlesse they be too too popishly addicted In regard whereof we have drawn as before is mentioned a project how Courts and manner of processe and proceedings in judgement by Doctors of the Civill Law may be appointed by the King and his high Court of Parliament without that that the common Law of the Realme by the occasion of any such courts offices or manner of processe and proceedings must receive any alteration at all much lesse a very great alteration Howbeit if it should not please the King and that the Civilians could not finde favour in his sight by courts offices and manner of processe and proceedings in judgement before specified or by the like to have the studie of the civill Law advanced yet we thinke it convenient once again How matters of tyths c. may be dealt in by â—he Kings Iudges to be examined how these matters may be dealt in according to the rules and grounds
circumstances to be opened and made of the Testators memorie by lively testimonies either the Admonitor must condemne the kings learned and discreet Justices to bee malae mentis insanae memoriae or els it must be confessed that they be as well able to judge of the distraction of wits and unsoundnesse of memorie in a person deceased as they be to determine the question of Lunacie madnesse or idiocie in a man living If any question should arise upon the revocation of a former will of the ademption of a legacie or of a legacie given upon condition or in diem it would be no hard matter for the learned Judges upon sight of the will and proofes to be made to define which is the first and which is the last wil whether the legacie remaine or whether it be revoked whether it be legatum per rerum or in diem whether conditional or without condition And if it bee conditionall whether the same be possible or impossible honest or dishonest and if it bee in diem whether the day be past or to come But there lyeth no action at the common law for a legatorie against the executor to recover his legacie I grant But a creditor to recover his debt due by the testator upon specialtie may bring an action at the common law against the executor And then what is the cause that a creditor way recover his debt and that a legator cannot recover his legacie in the kings Court but only for that remedie could not bee given unto legatories complaynants by any writ out of the Chancery And therefore that 21 Ed. 1. statute upon the writ of consultation such plaintiffes might not be deferred of their right and remedie in such cases to their great dammage it hath pleased the kings by sufferance to tolerate the Church Officers to determine these cases Wherfore if it might please the king to cause writs to be made out of his Court of Chancerie for the recovery of Legacies it were cleare by the Common Law of the Realme as from the statute may bee gathered that the cognizance of these Cases did not appertaine any more to the Spirituall Court. For then might the legatorie by that writ bring an action against the Executor to obtaine his Legacie But how should that action bee tryed How even as other actions of debt detinue or trover bee tryed namely as the case should require either by the countrey or by the Judges upon a moratur in lege As Testaments with their adherences so likewise matters of Spousals Mariages divorces c. together with their accessories by common Matters of marriages more meete to bee decided by the Kings than by the Bishops officers right of the Imperiall Crowne did in ancient times properly appertaine to the examinations and sentences of the Emperours themselves and to their Provostes Deputies and Presidents of Cities and Provinces as by their severall titles de Testamentis Legatis Fidei commissis Nuptiis repudiis divortio dote c. in the bookes of the civill law appeareth By the Law of England also the king hath the mariage of an heire being within age and in his ward Widowes also that hold of the King in chiefe must not marie themselves without the Kings licence And by an Act made 4. and 5. Phil. and Mary there is a streight punishment provided against all such as shall take away Maidens that be inheritors being within the age of sixteen years or marry them without consent of their parents and what reason letteth them that the King might not as well have the care and cognizance of all the contracts of mariage especially of the mariage of all children and widowes in his temporall Courts as he hath of some parties to be contracted of the Dower of the joynture of the disparagment of the age of the taking away of the deflouring and of mariage without parents consent in some cases or what a very great alteration of the common law could ensue in case the Kings temporall Justices did examine and determine whether the contract were a perfect and simple or conditionall contract yea or no For if upon the statute made by Philip and Mary that maidens and women children of Noble men and Gentlemen c. being heires apparent c. and being left within age of sixteene yeares should not marry against the will or unknowing of or to the father or against c. If I say upon the publishing of this act there hath no alteration of the common law hitherto followed it is but a meere superstitious errour to feigne that a change of the Common law must follow if so be this statute were extended to all children both Sonnes and Daughters of what parentage sexe estate or age soever For if the King in his temporall Courts had the definition of all as well as of some contracts made by children without consent of parents then should a multitude of lewd and ungodly contracts made by flatterie trifling gifts faire and goodly promises of many unthrifty and light personages thereunto wonne by intreaty of persons of lewd demeanour be pronounced voide and of no efficacie yea and on the other side a number of honest lawfull and godly contracts should be confirmed and Much a doe in the Ecclesiasticall Courts about accipio accipiâ—m remaine in their full strength and force which now upon certaine frivolous and trifling quiddities and nicities of words and sillables are pronounced in the Ecclesiasticall Courts to bee no contracts And in good earnest is there now a dayes any soundnesse of reason at all to be heard amongst the Doctors and Proctors of those Courts where they informe out of the Canon law in these cases For doth not their whole dispute and information rest principally whether the contract be made by words of the present or of the future tence whether it be made with an oath or without an oath yea and do they not exceedingly besweat and besmyre themselves by turning and returning by folding and unfolding their great and hydeous volumes for proofe and reproof of accipio accipiam yea and sometimes of letters and accents If the young man and maide having both of them their parents consent shall answer only in the future tence I will have thee or I will take thee or I am content to take thee or I will have none other but thee or if ever I marry I will marry thee and do not answer directly I do take thee to mine husband or I do take thee to my wife oh it is a world to see and a wonderment to behold what canvasing heaving and shoving what a stirre quoyle and garboile the Canonists make about the lifting and removing of these fethers And whatsoever the holy Scriptures have determined of the necessitie of parents consent or of what necessitie likewise soever the “ Institu de nup. S. 1. civill law hold the consent of parents to bee yet in the Ecclesiasticall courts
the house 2 Chr. 24. of the Lord upon Balaam King Ioash commanded the Priests and Levites to go unto the Cities of Judah to gather of all Jsrael money to repaire the house of God from yeare to yeare and they made a chest and made Proclamation to bring the tax of Moses and the Princes rejoyced and brought in and cast into the chest And when there was much silver they emptied the chest and carried it to his place againe and thus day by day they gather silver in abundance If then towards the building of an earthly house the Princes and people of Judah and Israel willingly with joy of their hearts from yeare to year and from day to day threw silver in abundance into the chest how much more were it praise worthy if Christian people did encourage themselves to pay a smal tribute towards the provision of a competent maintenance for their spirituall pastours by whose labours as lively stones they might be builded up into a spirituall temple in the Lord That many and great taxes and tributes of late yeares have beene made for many uses and to many purposes there is no man ignorant thereof And therefore though there be little reason that the people standing already burdned with great charge should be againe recharged especially when without any extraordinarie burthen there is an ordinarie meanes if the same were accordingly bestowed by the people yeelded to relieve the Ministers in all places with a decent and comely portion yet notwithstanding to be eased from those publike payments and annuall grievances imposed by the Ecclesiasticall Courts upon the people is not to be doubted but the parishioners in all places would willingly pay any reasonable tax or tribute to be demanded of them for this purpose An other meanes to raise this publike treasure may be a dissolution The dissolution of Chappels may bee a good mean to raise a tribute of all free Chappels and Chappels of ease in the Countrey together with an union of two or moe Churches into one especially in Cities and great townes For as in these Cities and Townes the poorest and meanest livings bee provided so generally for the most part are they fitted with the poorest and meanest Curates as by most lamentable experience is to be seene in all the Episcopall Cities of the Realme excepting London Nay the chiefe and Metropolitane Citie of Canterbury is not to be excepted For in that Citie there being about 12 or 13 Parish Churches there hath not beene ordinarilie of late yeares above 3. or 4. able Preachers placed in the same Churches The Chappels to be dissolved and the Churches to be consolidated by two and two into one and one can be no fewer in number than one thousand at the least All which if they might be sold the money to be raised upon their sale could bee no lesse than twentie thousand pounds if they were sold only for twentie pounds a peece But if they be well worth double or treble so much then would the treasure also be double or treble This dissolution of Chappels and union of Churches is no new device nor strange innovation but hath beene heretofore thought upon and in some part confirmed alreadie by our Kings in their Parliaments Touching the dissolution of Dissolution of Chappels no new device Chappels the most reverend Father Thomas Cranmer Archbishop of Canterburie with the residue of the Kings Commissioners appointed for the reformation of Ecclesiasticall lawes alloweth of the same And Titu de eccles gard fol. 54. for the union of Churches there was an act made 27. H. 8. so they exceeded not the value o six pounds And by a statute 1 Ed. 6. it was lawfull for the Mayor and Recorder of the Citie of Yorke and the Ordinarie or his Deputie and six Justices of the peace in the same Citie to unite and knit together so many of the poor parishes of the same Cities and suburbes of the same as to them should be thought convenient to be a living for one honest incumbent And it was lawfull for the Lawfull for the Major of Yorke c. to unite Churches in the Citie of Yorke said Major Recorder and Aldermen to pull downe the Churches which they should think superfluous in the said citie and suburbes of the same and to bestow the same towards the reparation and enlargment of other Churches of the Bridges in the Citie and to the relief of the poor people The considerations which moved the King and Parliament to ordaine this act were these viz. The former incompetency of honest livings the former necessitie of taking very unlearned and ignorant Curates not able to doe any part of their duties the former replenishing of the Citie with blinde guides and Pastors the former What reasons moved K Ed. 6. to unite Churches in York may move king Iames to unite Churches in Canterbury c. keeping of the people aswell in ignorance of their duties to God as also towards the King and Common weal and lastly the former danger of the soules of the Citizens If then in these dayes it might please the King to apply like plaisters to the like sores to provide remedies for the like mischiefs and for the like diseases to minister like medicines it would come to passe no doubt in few years that the lame and the blind and the broken with a number oâ— unhallowed and unclean beasts should be swept and cast forth of all the Parochiall Churches within Canterburie Winchester Chichester Lichfield Oxford and other great Cities of the Realme For these Chappels and smaller Churches being the very Seminaries of all hirelings and idle Shepheards a Benefice can no sooner become void but the poore and hungry Chaplaines wâ—arie Chappeâ—s the seâ—inaries of hirelâ—ngs of their thin dyet and long leaping after a beane presently trudge to the Patron offering or accepting any conditions to bee presented by him And not only should the Church by this meanes bee rid of these vermine but also the learned and Preaching Minister without further aide or contribution in those places might have more liberall maintenance than erst they have had For then should they be no more constrained to deduct out of their livings by reason o Chappels yet standing and as it were annexed to their parish Churches some 10 pound some 20. pound some 30. pound by the yeare for the wages o these hirelings besides this a singular and apparant benefit could not but redound to the Common weale by the dissolution By the dissolution of Chappels many suits in law should be avoided of these Chappels when as many long tedious and changeable and uncharitable suites heretofore had and commenced should hereafter be extinguished betweene the parochians of the mother Churches and the inhabitants of Hamblets for and concerning the repaire and reedifying of the said Churches and Chappels and for other rights and duties challenged to belong from one unto the other A third meanes to
the bishops And therefore in the finding and having of one pastour in every parish they and wee differ not But that men of occupations only should be chosen Seniors and Deacons in every parish or if Seniours and Deacons were men of occupations in any parish that they should be all found of the parish we utterly disclaime as an absurditie of absurdities And yet wee deny not but in Cities and great townes wherein for the most part men of trade doe inhabit that Seniours and Deacons must of necessitie be men of occupations Vnlesse then an occupation must of necessitie hinder men from being faithfull religious and godly men there is no reason to inforce that men of occupations in cities and What kind of men ought to be chosen seniours and Deacons great towns should not be chosen Seniours and Deacons And as for Countrey parishes wherein very few or no men of occupations doe reside this objection is altogether idle In which parishes also we affirm that men of greatest gravitie integrity wisedome faith and godlinesse ought to be chosen Seniours and Deacons And wee doubt not but all such men as whom we intend ought to bee chosen Seniours and Deacons whether dwelling in Cities and Townes or in the Countrey would be as ready as willing and as watchfull prudently to imploy themselves hereafter in matters of the Church as now either themselves or their equals are busied in matters of their corporations or common weal without any manner of contribution to be yeelded towards their finding When the people of Israel were commanded to pay their tythes first fruites and other oblations unto the Priests and Levites for their attendance and service in the Sanctuary we do not read in the whole book of God that they were injoyned to be helpers and contributers to the reliefe and sustentation of the Captaines over thousands of the Captaines over hundreds nor of the Elders and governours placed citie by citie for the affaires of the King And therefore sithence wee have neither precept nor president that all the officers of the Church should be found at the costs of the Church and sithence also as well in Countrey parishes as in Cities and townes to the praise and glory of God be it spoken wee have many able wealthy and substantiall persons who have given their names unto Christ what necessitie is there that any such Seniours and Deacons should bee elected as have need to be relieved and supported by a common purse And Church-wardens and sidemen are not found at the charges of the parishes had the Admonitor well and advisedly pondered that our Church-wardens and Sidemen who carry a semblance of governing Seniours that our Collectors also for the poore who justle out the Deacons being all of them men of occupations poore husbandmen or day labourers and being not â—ound of the parish are notwithstanding ofâ—entimes in the yeare troubled and turmoyled from one end of the Diocesse unto the other and that which is more from attendance upon their day labour husbandry and occupations to wait and to attend not upon matters of the Church but upon money matters pertaining to the officers of the Bishops consistorie Had he I say wisely and sincerely considered these things he would certainly not once have mentioned this so silly and simple a suggestion But quite and cleane to cut off at one blow all the skirts of the coate of this silly bulbegger that the very buttocks of it may be bare and that the Church may see there is no such burthensome Charge to be laid upon her as is fained the grave and godly judgement and policie of King Edward The judgment of K. Ed. 6. commissioners touching Elders and Deacons the sixth his Commissioners authorized to compile a booke for the reformation of lawes Ecclesiasticall according to an act of Parliament in that behalfe provided shall rise up for us and plead the truth and equitie of this our sayings The commissioners names were these viz. The most reverend Father Thomas Cranmer Archbishop of Canterbury Thomas Bishop of Ely Richard Cox the Kings Almoner Peter Martyr professor of Divinitie William May Rowland Taylor Doctor of the Law Sir Iohn Cheeke Iohn Lucas Richard Godericke M. Hadon and others All which reverend learned Titul de divinis officiis c. 10. f. 45. and religious men as with one voice and accord speake one thing so thus and thus they speake Evening prayer being finished wherunto all shall be attendant after sermon in their owne Chuâ—ches the chiefe Minister whom they call parochies and the Deacon if happily they shall be present or they being absent let the Ministers Vicars and Elders so the Archbishop of Canterbury afterwards a godly Martyr and Bishops can skil of the name of Deacon and Elders with the people confer about the money put apart to godly uses how the same may be best imployed And let the Dâ—scipline lo these sage Counsellers were all Disciplinarians be reserved untill that time For they whose frowardnes hath been publike and tending to the common offence of the Church let such be recalled to the acknowledgement of their faults and let them publikely for the same bee censured that the Church by their wholesom coertion may be brought in good frame Afterward let the Minister going a part with some of the Elders take counsell how the others whose manners are said to be lewd and whose life is said to be full of mischiese may first according to the commandement of Christ in the Gospell come together and be communed with by sober and discreet men and with a certaine kinde of brotherly love By whose admonition if they shall reforme themselves thankes are diligently to bee given unto God But if they shall proceed forth in their wickednesse they are to bee bound with that sharpe paine which by the Gospell wee know to bee prepared for contumacie And when the force and vehemency of excommunication shall bee shaken first let the Bishop be sought unto who if hee shall consent and oppose his authoritie let the forme of excommunication bee dispatched before the whole Church that we may bring in as much as may be the ancient Discipline Thus much have these most Christian Disciplinarians and renewers of the ancient Discipline by Pastours Elders and Deacons both written and spoken And yet have they founded never a word to the finding of Elders and Deacons by the Parish nor by having men of occupations to leave their businesse to attend upon matters of the Church For men thus meeting together once only in the week and that upon the Lords day and that only within their own parishes and without payment of any fees may very wel notwithstanding these attendances give themselves wholly all the weeke following to their ordinary vocations And therefore against his not able to finde one tolerable Minister much lesse to finde a Companie c. I conclude thus No Parish in England shall be burdened to find so much as one
was common and did continue in the old Churches Besides this inconvenience saith he caused Princes and Bishops so much to intermeddle in this matter Frow whence it necessarily againe followeth that by the holy Scriptures and law of God Princes and Bishops did not entermeddle with that matter atal For had it been simply lawfull for them to have dealt in those causes by the word of God then aswell before schisme discord and dissention as afterward yea rather much more before than afterward For then by their owne right might Princes and Bishops have prevented Bishops nâ—eddle not with election of Pastors by the holy Scriptures all occasion of schism and contention and have so preserved the Church that no tumult or disorder should once have beene raised or begun therein Againe if by the law of God Princes and Bishops had medled in these matters and had not intermedled by humane device then lawfully by their authoritie alone might they have chosen Pastors Elders and Deacons in the old Churches which thing in this place by necessary inference he denieth For schisme saith he caused them to intermeddle So as by his confession they were but intermedlers and entercommoners by reason of schisme and not commoners and medlers by vertue of Gods word And yet now a dayes our reverend Bishops in this case are no more intercommoners with Princes and with the people they ate no more entermedlers as in old times they were but they have now so far incroached upon the prerogatives of the prince and privileges of the people that neither prince nor people have any commons in the election of Pastors Elders and Deacons with them at all Besides if schism and contention among the people Bishops â—n croach upon the â—ighâ— oâ— pâ—â—â—ce and people were the reason why Bishops first entermedled in the choice of Pastours we now having no schisme nor contention about the choice of Pastours by the people and so the cause of ceasing why should not the effect likewise cease But this effect is therefore still to bee continued because otherwise the cause would a new sprout out and spring up againe Nay rather inasmuch as for these many yeares we have had schism discord and dissention because the bishops wholly and altogether have medled in the choise of pastours and have thrust upon the people whatsoever pastours please not the people but pleased themselves and have not suffered the people to meddle no not so much as once to intermeddle in these matters in as much I say as these things be so it seemeth most expedient requisite and necessary for the appeasing and pacifying of this discord and the taking away of this schism to have the manner of election which was in the old Churches restored to the people and this wherein the bishops have intermedled without authoritie from the word to be abolished that so againe the cause of scbism and strife which is now among us ceasing the effect might likewise cease After I had ended this tract in this manner touching this point there came into mine hands a booke intituled The perpetuall government of Christs Church written by Thomas Bilson Warden of Winchester Colledge in the fifteenth chapter of which booke is handled this question viz. to whom the election of Bishops and Presbyters doth rightly belong and whetherby Gods law the people must elect their pastours or no. In which chapter also the matter of schism strife and contention is handled The finall scope and conclusion whereof is as the proposition importeth twofold First concerning Bishops then concerning Pastours The quarrell taken against Bishops doth not so much touch saith hee the office and functions of Bishops as it doth the Princes prerogative When you rather thinke the Prince may not name her Bishops without the consent and election of the people you impugne not us but directly call the Princes fact and her lawes in question As touching this point of the proposition because the people by any law or custome never challenged any right or interest in the choise of the Kings bishops wee have nothing The King only hath power without the people to nominate his Kingly Bb. to meddle or to make about the choise of any of the Kings Bishops Nay we confesse as his highnesse progenitors Kings of England have beene the Soveraigne Donours Founders Lords and Avowes of all the Bishopricks in England without aid of the people that so likewise it is a right and interest invested into his Imperiall crowne that he only his heires and successors without consent of the people ought to have the free nomination appointment collation investiture confirmation of all the Bishops from time to time to be planted in any of those Bishoprickes yea and wee say further that the King alone hath not power onely to nominate collate and confirm but also to translate yea and if it please him to depose all his Kingly Bishops without any consent of his people at all For say we ejus est destruere cujus est construere ejus est tollere cujus est condere Neither will we dislike but rather content our selves that our late Queens Bishops if they shall finde favour in the Kings eyes should be also the Kings Bishops conditionally they submit themselves to the lawes and prerogatives of the Kings Crowne content themselves with the only name of Kingly and Princely Bishops and not challenge any more unto themselves the sole titles of Godly and Christian Bishops as though without injurie to the law of â—od and Gospell of our Saviour Christ they could not bee dispossessed of their Lordly Bishopricks And therefore our most humble prayer to the King is that his Majestie would bee pleased that such his Kingly Bishops may not henceforth over crow and justle out Gods Bishops nor have any primacie over Gods Bishops And withall that the King himselfe would vouchsafe to hearken to the doctrine of such as are indeed Gods Bishops rather than to the Counsell of those who lately were the Queenes bishops As touching the second part viz. whether the people by Gods M. Bilson confirmeth the peoples election of their pastor p. 339. law must elect their Pastours or no Master Bilson by reasons and proofes brought for the first use of it rather confirmeth than impugneth the same For saith hee Well may the peoples interest stand upon the grounds of reason and nature and bee derived from the rules of Christian equitie and societie That each Church and people stand free by Gods law to admit maintaine or obey no maâ— as their Pastour without their liking unlesse by law custome or consent they have restrained themselves Then the people had as much right to choose their 360 Pastour as the Clergie that had more skill to judge that the Apostles left elections indifferent to the people and Clergie at Jerusalem That the Apostles in the Acts when they willed the Church at Jerusalem to choose the seven did not make any remembrance or
trouble and expence yea and with greater priviledge than he did before Thus therefore touching the office and person of the King the duetie of the Presbyterie and people the right of the Patron and the person of the Minister to be ordained thus and thus we say and thus and thus as we think may our sayings well stand with lawes setled By an act primo Eliz. c. 1. the King hath full power and authoritie by Letters Patents under the Great Seale of England when and as often as need shall require as he shall thinke meete and convenient and for such and so long time as shall please his Highnesse to assigne name and authorize such person or persons being naturall borne subjects as his Majestie shall thinke meet to exercise use occupie and execute under his Highnesse all manner of jurisdictions priviledges and preheminences in any wise touching or concerning any Spirituall or Ecclesiasticall jurisdiction within this Realme of England Againe by the booke of ordeyning Bishops Priests and Deacons it is prescribed that the Bishops with their The Bb. and Priests must lay on their hands Priests shall lay their hands severally upon the heads of every one that receiveth Orders that every one to be made a Minister must be of vertuous conversation and without crime sufficiently instructed in the holy Scriptures a man meet to exercise his ministerie duely that he must be called tried and examined that he must be presented by the Archdeacon and be made openly in the face of the Church with prayer to God and exhortation to the people And in a statute made 21. of King Hen. 8. it is affirmed That a Bishop The Bishops must use six Chapleins at giving of orders must have sixe Chaplaines at giving of orders Besides by an ancient and lowable custome the Parishes and Parish Churches within every Archdeaconrie remaine unto this day distributed into certaine Deanries the Parson or Vicar of the auncientest Church commonly called the Mother Church of the Deanrie unlesse by Every Archdeacon divided into Deanries consent some other be chosen by the Ministers themselves hath the first place and is the chiefe director and moderator of whatsoever things are propounded in their Synodall meeting which Minister also is called Archipresbyter or Decanus curalis according to the appellation of the chief Minister of the mother or chief Church of that Diocesse who is called Archipresbiter or Decanus cathedralis so that unto this day these Ministers meeting at the Archdeacons visitations once in a yeere at the least there remaineth in the in the Church of England a certaine image or shadow of the true ancient and Apostolicall conference and meetings Wherefore from these lawes and from this ancient manner of the meetings of Ministers and of having one principal and chief Moderator amongst them according to the Apostolicall practice and usage of the primitive Church thus already setled in the Church of England wee humbly leave it to be considered by the Kings Majestie First whether it were not meet and convenient for his Highnes by his letters patentes under the great Seale of England to assigne A Minister to be ordained by the Bishops and a â—ompany of Ministeâ—s at the Kings commandement name and authorize the Bishops and six or moe Ministers within every Deanerie continually resiant upon their benefices and diligently teaching in their charge to use and execute all manner of jurisdiction priviledge and preheminence concerning any spirituall ordination election or institution of Ministers to be placed in the Parochiall Churches or other places with cure of soules within Secondly when any Parish Church or other place with cure of soules shall be voide whether it were not meet and convenient that the auncients and chiefe Fathers of that place within a time to be limited for that purpose should intimate the same vacancie unto Vacancie of a benefice to be intimated tâ— the Kingâ— office the office of the Kings civill Officer appointed for that Shire or Diocesse to the end the same Officer by authoritie from the King might command in the Kings name the Bishop and other Ministers to elect and ordaine and the people of the same place to approve and allow of some able and godly person to succeede in the Church Thirdly the Patrone if the same be a common and lay person A Lay patrone insteed of varying his Clerk may present two Clerks at one time having now libertie to vary his Clerk if he be â—ound unable whether it were not meet and convenient to avoide all manner of varying that within the time perâ—â—xed hee should nominate at one time two Clerks to bee taken out of the Uniâ—ersities or other Schooles and Nurseries of the Prophets and that the same nomination be made unto the Bishop and the said sixe Ministers to the end that both the Clerkes being tried and examined by them the abler of the two might be preferred to that charge And of this manner of presenting two Clerkes by the Patrone we have a president not much unlike in the statute for nomination of Suffraganes By which act every Archbishop and Bishop desiring to have a Suffragane hath libertie to name and present unto the King two honest and discreet Spirituall Persons c. that the King may give to one such of the said two Spirituall Persons as shall please his Majestie the title name stile and dignitie of a Suffragane Fourthly the Bishops and Presbyters having thus upon triall and A Minister found able for gifâ—s is to be sent to the parish that his life may be examined and to have the consent of the people examination found one of the Patrones Clerks to be a fit and able man to take upon him the executioÌ„ of the Ministery in that Church whether it were not then meet and convenient that by them he should forthwith be sent to the same Church as well to acquaint the people with their judgement and approbation of his gifts and abilitie to teach as also that for a time he should converse and abide amongst them to the end his life manners and behaviour might be seen into and enquired after by their carefull endeavours Fiftly the people within a time to be perfixed not making and proving before the Magistrate any just exception against his life A man allowed for gifts and Conversation is to be ordained with prayer fasting and laying on of hands A Minister to be inducted into thâ— Church bâ— the Kinâ—â— Writ manners and conversations whether it were not then meete and convenient that the Bishop with sixe â—ther Ministers or moe of the same Deanrie authorized by the King as aforesaid under some paine and within a certaine time should be bound in the presence of the Elders and people and in the same Church with fasting prayer and laying on of hands to ordaine and dedicate him to the Ministerie and Pastorall charge of that Church Lastly these things being thus finished whether it were not
Lawes by punishment of body and losse of goods than excommunication and that they will more feare that manner of punishment I hold and affirme therein as he holdeth and affirmeth and yet I say that to the matter in question hee hath fitted no other answer than as if hee had answered a poke full of plummes or a Buchet full of Peares for the controversie is not concerning those that are without but concerning those that are within not touching those that are not of the house-hold but touching them that are of the house-hold of faith and of God As for the first sort of which people the Reverend Bishops with good leave may procure what sharp punishment they can devise for by the Church excommunicated they should never bee For how should any be thrust from the communion of the Church who never were in the communion with the Church But it is to bee feared that this sharpnesse of punishment is not urged so much to be inflicted upon them that are without as upon them that are within the bosome of the Church For though such as bee without did a long time scorne and set naught by the sword of excommunication which was not onely drawne out by the Chancelours Commissaries and Officials for every crust of bread and for every piece of Bacon but also which was againe put up for every cracked grote and for every IRISH harper the Reverend Bishops whose freehold by such contempt was not touched were pacified and contented themselves well enough by inflcting and releasing that manner of punishment but now for so much as they perceive the Children within the Church to begin seriously and religiously to stand against the use of Lordly and humane censures for the Crown and Scepter of our Saviour Christ and that the statelinesse of Prelacy must be taken one hole lower if the simplicity of the holy ministery bee exalted a degree higher they pretend Discipline by excommunication which is the sword of the Son and heire of God to be too bluntly pointed and too badly edged to foyne or to strike withall Touching that very good manner of Discipline by the Ecclesiasticall commission which hee saith hath done and doth daily much good and would doe more if it were more common the people whom hee admonisheth have just cause of being desirous to understand what manner of Discipline it is which is so highly commended Not one manner of Discipline used by the Ecclesiasticall Commissioners For all men know that the Ecclesiasticall Commissioners use not in all places and at all times one and the selfe same manner of Discipline For the same Commissioners for the same kind of offences sometimes suspend sometimes deprive sometimes degrade sometimes excommunicate sometimes fine sometimes imprâ—son sometimes command this penance and sometimes that Nay sometimes having convented before them grave Learned and godly Ministers for crimes supposed to be Ecclesiasticall and for the same pretensed Ecclesiasticall offences having detained them some yeares in durance This Discipline was practised against Master Cart-Wright Fenner Whight L. Snape and others for refusall of the oath ex officio in the end not having any other supposed just cause of inflicting any punishment upon them by Ecclesiasticall authority have been forced for a shew to maintaine their own credits to cause accusations to be framed against them by the Queenes Atturney in the High Court of Star Chamber as against violators of the dignities of the Royall Crowne whose innocencies by the very witnesses produced by their meanes on the behalfe of the Queene have notwithstanding beene fully cleared from the faults objected and the Ministers discharged without any ordinary Ecclesiasticall Discipline used by the high Commissioners against M. Vdall punishment usually inflicted by that Court upon malefactors Nay further when the Ecclesiasticall Commissioners had committed Master Vdall to prison where he remained halfe a yeare for refusall of the oath ex officio touching his knowledge of the Author of a Book entituled The Demonstration in the end he was delivered over as a fel on for making of the same booke and for the which he was arraigned and convicted and so died in prison notwithstanding our Soveraigne Lord King Iames then King of Scotland had Gratiously written for his deliverance And how then would the Admonitor have the people contented with such a moderation of Ecclesiasticall discipline as the Ecclesiasticall Commissioners maâ—y times use For did he thinke that every manner of discipline used by the High Commissioners can not bee but a very good An oath tendered by the Ecclesiasticall Commission unto M. V. dall in case of Fellony moderatâ—on Why then let some of the Commissioners tell the people whether the Ecclesiasticall Commissioners used a very good moderation and manner of Discipline Ecclesiasticall against the same Master Vdall when they tendered unto him a corporall oath to have appeached himselfe upon a matter which was adjudged to be Felony or let them declare what a very good manner of discipline Ecclesiasticall certaine Ecclesiasticall Commissioners used when having a Gentleman before them wearing long haire they constrained the same Gentleman by force and strong hand to have his head notted in their presence The wearing of long haire by our Lawes being not reputed an Ecclesiasticall crime no although the same be worne by attendants upon the Reverend Bishops waiting on their Trenchers Or let them signifie unto us what a good manner of discipline and moderation it was for a Bishop and his associates to make an act in the High Commission Court repugnant to the Institution of our Saviour Christ and contrary to the order The Minister authorized to put sacramental bread into the mouth of a Communicant appointed by the Book of Common Prayer that the Minister should put the Sacramentall bread inro the mouth of a superstitious communicant and not deliver it into his haâ—ds After our hearty commendations saith the Bishop and his associates whereas I. V. one of your charge hath beene often convented before us Her Majesties Commissioners in causes Ecclesiasticall for not receiving the holy Communion it seemeth unto us that he hath not of any contemptuous minde refrained fâ—om the same but is willing to receive it and so hath bound himselfe saving that hee hath a scruple in his minde by reason of a fond vow or promise hee made long agoe whereof he is sorry never to receive the Sacrament into his hand but to put it into his mouth by the Minister And therefore wee pray you to beare a time with his weakenesse and permit him to receive it in that sort untill by your good counsell and perswasion he may be reduced from that fond scruple And so we bid you heartily farewell Your loving friends c. And seeing the Admonitor hath opposed a very good manner of Discipline by the Ecclesiasticall commission against excommunication it seemeth that excommunication in his judgement is no Master Excommunicated by the High Commissioners most
his confident asseveration that William Sommers with divers others in Lancashire were possessed and that Master Dorrell was not an impostor The occasion of the Admonitors great commendation of a very good manner of ecclesiasticall discipline used by the high Commissioners hath necessarily drawn me to shew the differences of the disciplines used by the same To the intent the Kings Highnesse might be pleased with the advice of his Parliament to consult whether it were not more agreeable to the good lawes statutes and customes of the Realme and more convenient for the good government of the Church to have one certaine forme and rule of Ecclesiasticall discipline to be established and to be used by the high Commissioners rather than thus at randome to suffer their onely discretion to be the Mistresse of all Ecclesiasticall discipline especially sithence without any manner of appeale or supplication to be made from them unto the King they use what manner of discipline soever seemeth good in their owne eyes whether moderate or immoderate Civill or Ecclesiasticall without check or controlement Than the which there cannot seeme any thing more prejudicâ—all and burthensome unto the people ADMONITION Page 8â— Further more theâ—r whole drift as it may seeme is to bring the government of the Church to a Democracie or Aristocracie the principles and reasons whereof if they be made once by experience familiar in the minds of the common people and that they have the sense and feeling of them it is greatly to be feared that they will very easily transferre the same to the government of the common weale For by the same reasons they shall be induced to thinke that they have injurie if they have not as much to doe in civill matters as they have in matters of the Church seeing they also touch their commoditie and benefit temporally as the other doth spiritually and what hereof may follow I leave to the judgement of other ASSERTION Let it be granted that their whole drift is to bring the government Book of common prayer title communation and confirmed by 5 and 6 Ed. 6. c 1. prim Eliz. c. 2 8 Eliz c 1 Aristocracie in the Church not hurtfull to the coÌ„mon wealth of the Church to that manner of government which the learned call Aristocracie what incommoditie should the Church or common weale receive by such a government when as the same government is not only authorised by the holy law of God but also commended unto us by the desires and wishes of sundry acts of Parliaments For saith the booke of Common prayer the Discipline of the Primitive Church is greatly to bee wished Aristocracie therefore and the discipline of the Primitive Church differing but in name and not in nature it cannot be hurtfull to the common weale that the principles and reasons thereof should by experience be made familiar in the minds of the common people nay it cannot but bee beneficiall unto the common weale when the same shall understand that the best observers of the law of God and the best friends unto God and his people are to be the Officers in the house of God Neither is their whole drift to be disliked but to bee commended that labour to bring the government of the Church from a Papall Prelacie to a Christian Aristocracie the one viz. Aristocracie according to the interpritation of the name Aristocracie in the Church optimatum Praelacia pessimatum potestas thereof being optimatum potestas a power of the best observers of the law the other viz. Prelacie according to their practice being pessimatum potestas a power of the worst observers of the law the first derived from the law of God and practice of Gods people the other reduced from the lawes and customes of the Gentiles and idolatrous Priests And this of necessitie in defence of the truth the Admonitors argument forceth me to speake for by an implication of the dislike of bringing the government of the Churches by Pastours and Elders to a Democracie or Aristocracy he hath by consequence disclaimed and disavowed the government of the Church by Prelacie to be any of those two And what other government then should we thinke Prelacie to be but either Oligarchie or Tyrannie For neither Monarchie may it be neither Prelacie either Oligarchie or tyrannie Policie or politicall estate can it be and other kinde of government besides these there is not any For my part I more charitably judge of the government of the Church by prelacie than to match it with Tyrannie And although the Admonitor and the perusers and allowers of his booke were men in their generation wise yet had they well weighed the nature of the government of Oligarchie they would rather in this argument have beene silent than upon disclaime of Democracie and Aristocracie governments both of them commendable in their kind have cast the commendation of their owne government of the Church by Prelacie to so desperate an estate as is the estate of Oligarchie Wherein if any doe glory because not many of the best but some few of the wealthiest and richest sort doe governe then let him hearken and consider what long since was preached before Pope Vrban the fifth by one Nicholas Orem a man singularly commended for learning in his time Amongst all the regiments of the Gentiles Act. Mo. Nich. Orem his opinion of Oligarchie none saith he is more to be found wherein is to be seene so great and exceeding ods than in the policie of Priests Amongst whom one is drunken another is sterved amongst whom some bee so high that they exceed all Nobles and Princes of the earth some againe be so abased that they are under all rascals and such a common wealth saith he may well be called Oligarchie But Thomas Aquinas hee seemeth to set the diâ—commodities of Oligarchie a pinne higher for saith he as a Kingdome hath in it the commodities Tho. Aquin. what hee thinketh of Oligarchie Aristocracie a good regiment of all other good regiments of Aristocracie that the Noblest and chiâ—fest persons among the people be taken to Councell of policie or politicall estate where an assemblie of all estates is had and when the very best of all sorts are chosen to consult and deliberate of the publike wealâ— so doth Tyrannie containe and hath in it all incommodities and vices of all naughâ—inesse and corrupt regiments of Oligarchie it borroweth that the most wicked and corruptest men be Counsellours and that as it were a rout of Tyrants doe governe The reasons and pillars of which Oligarchie are immoderatenesse Oligarchie a corrupt regiment excessivenesse disparitie and inequalitie passing and beyond all meane and measure Now if our reverend Bishops shall shew themselvea to be male contented with mee as though out of the opinions of these learned men I woud gather that the government of the Church by Prelacie is one of he corruptest governments I am to desire them to have patience