so to of the Church by Prelacie to be Monarchicall because the Queene was a Monarch and that the reverend Bishop governed vnder a Monarch then what did hee els but put a weapon into the handes of Pastors and Elders to prove their governement also to be Princelie and Monarchicall Because Pastors Elders desire not to haue that maner of governement to bee brought into the Church otherwise then by the Royall assent Souveraigne authoritie and expresse commandement of our most gratious King and Monarch Besids if any governement may be therefore saide to be a Monarchie because the same is derived from an earthly Monarch howe much more then may the governement of the Churches by Pastors and Elders be adiudged Monarchical by reason the same is deduced from our heavenly and everlasting Monarch For the reverend Bb. by their publike preachings apologeticall Ma. Horne Bishoppe of Winch. Ma. Iewell Bishop of Sali Mai. Bilson Bishoppe of Winch. writings testifie that power authoritie to ordeine and depose Ministers to excommunicate and to absolue to devise and to establishe rites and ceremonies in the church to define what is trueth to pronounce what is falsehood to determine what is schisme and to cōdemne what is heresie our reverend Bb. I say confesse this power to bee originallie decided vnto the true Bishoppes and Pastours of the Church from the Kinglie and Soveraine power of our Saviour Christ By what name therefore soever the gouvernment of Pastours and Elders in the Churches be called there is no manner of cause to dislike of the planting of that government in a Monarchie because the same is instituted by the Monarch of Monarches who is able and readie to vphold the state of al Monarchies in common weales togither with the state of Aristocracie in his No cause for a Monarch to feare that his Christian subiectes should haue the sence of Aristocracie in Church goverment Church Neither is there any cause for anie Monarch in the world to feare the making of christian commō people by familiar experience to haue the sence feeling of the principles and reasons of Aristocracie For if a people haue once submitted their necks to the yoke of Christ they can liue a peaceable godly life vnder all kinds of powers because they knowe all kind of powers to be the ordenance of God But especially there is not neyther euer was neyther euer can there be any cause for any King or Monarch of England greatly as the Admonitor insinuateth to feare that the common people will very easely transferre the principles and reasons of Aristocracie to the gouerment of the common weale and therevpon bee induced to thinke that they haue iniurie if they haue not as much to doe in civill matters as they haue in matters of the Church seeing they also touch their commoditie and benefit temporallie as the other doeth spirituallie And certes it seemeth that the Admonitor was drawen very drie of reason whē he was fayne to plucke this stake from the hedge to make a fire and to kindle the wrath of the Magistrate against the forme of discipline by Pastors and Elders For whether hee intendeth that the Pastors and Elders will thinke them selues to haue iniurie if they deale not in all causes of the commō weale as well as in all causes of their churches or whether he ment that the common people will easely transferre the government of the common weale from a Kingly Monarchie to a noble Aristocracie there is neither soothnes nor soundnes in his meaning For sithence Pastors disclaime to deale in civil matters the learned Ministers against the reuerend Bishopps by the holy rules of our faith mainteyne that it is not lawful for a Minister of the Gospell to exercise civill magistracy and that it is not lawfull for the man of God to bee intangled with the affaires of this life how is it probable that those Ministers will easely oppugne their owne knowledge by their owne cōtrary practise Or how is it probable that they would over-loade them selues with that burthen to ease the Church wherof they haue contentedly exposed thē selues into a number of reproches contempts bytings persecutions As for that other intendement of the Admonitors that it is greatlie to be feared that the commō people will easely transferre Monarchie vnto Democracie or Aristocracie if the principles and reason thereof by experience were made familiar in their minds this reason I say might seeme to carrie some shewe of affrighting a Monarch if the same were insinuated vnto a king whose people were neuer acquainted with the principles reasons of Democracie or Aristocracie but this feare being insinuated vnto our late Souveraigne Ladie the Queene whose people euer since the time they first begā to be a people haue had their witts long exercised with the The people of England haue their wits exercised with the sence of Democracie Aristocrarie sence and feeling of the reasons principles aswell of Democracie as also of Aristocracie what sence had the Admonitor to vrge this feare That in the Kingdome of Englande the common people haue alreadie the sence and feeling of the reasons principles of Democracie cannot be denied For in euerie cause almost aswell of criminall as ciuill iustice some few only excepted to be executed in the common weale by the common lawes of the Realm haue they not some hand and dealing in the same by one meanes or other Nay which is more haue they not the sence and feeling of the making and vnmaking their owne lawes in Parleament And is not their consultation in Parleament a mere Democraticall consultation As much also there is to bee avowed for the sence and feeling of the reasons and principles of Aristocracie to be alreadie in the minds of the Peres the Nobles the Iudges and other great men of the Realme For are not the Wisest the Noblest the Chiefest taken out of these by the King to bee of his Counsell and to be Iudges and Iusticers in his Courts Yea and is not their assembly also in Parleament a mere Aristocraticall assembly And what translation then is there greatly to be feared out of the Church to bee made into the common weale when the minds of all sorts of our common wealthes-men be already seasoned with the things which hee feareth And when the common weale is alreadie seysed of the principles and reasons which he would not haue familiarly known vnto it Wherefore that the King the Nobles and cōmons may no more be scarred with the strangenes of these vncouth and vnknowne greeke names of Democracie and Aristocracie writtē in his booke with great and capitall letters I haue thought it my duty by these presents to informe them that the govermēt of the church by Pastors and Elders nowe wanting amongst vs and desired to bee brought into the Church by the Souveraine authority of our King Nobles and commons in Parleament for the outward form
externall gouermeÌ„t other outward orders to choose such as they thinke in wisedom godlinesse to bee most convenient for the state of their countrie and disposition Admonitorie Protestants by their owne doctrine ought not to bind the Church to a perpetuall goverment of prelacie of the people and hauing the consent of their godly Magistrates to that out ward forme of iurisdiction and deciding of Ecclesiasticall causes these kind of protestants I say alwayes blowing out the trumpet of obedience and crying an alarum of loyaltie to euery ordinance of man and grauelie wiselie and stoutlie demeaning them selues against all the giddy heads and fanaticall scismatikes and wrangling spirits of our age dare not I trow slip the collar nor cast of the yoke dare not push with the horne nor wince with the heele against the Gospel If so bee by the authoritie of our Christian King with the consent of his ParleameÌ„t the platforme of gouerment as hee saith deuised by some of our neighbour Churches but as we they theÌ„ selues confesse practised by the Apostles and primitiue Church might bee receiued and established to bee the best and fittest order of gouerment for the Church of Englande as well as it hath bene a long time and yet is of Scotland of most of all other Christian Churches For if it be to great a bridle of christian libertie as they say in thinges externall to cast vpon the Church of Christ a perpetuall commandement if the church haue free libertie to make choise of what gouerment soeuer shee thinketh convenient then is she neither restrained at her pleasure to forsake that which by long experience she hath found to be inconvenient neither is she tied still to retaine Archiepiscopall Episcopall and Archidiaconall gouerment though for a long season the same haue bene vsed For that in deed might well and iustlie be said to be too great a bridle of christian libertie when by necessitie there is cast vpon the Church such a perpetuall regiment of prelacie as may not be remooued Wherefore if our continued prelaticall discipline whereby the libertie of the church is taken away by publike authoritie of the King and States might be discontinued and libertie graunted to the Church to vse the Apostolical discipline either our Admonitorie Protestantes must yeelde stoup and obey or else be found to be a wayward a contentious and a fromâ—ple generation And if these two former kinds of our people which the land beeing deuided into fiue partes make three at the least shall euery way be supporters of vnitie and conformitie to the Gospell and no way disturbers of the peace libertie and tranquilitie of the Church what ouerthrow or what damage may the Gospell sustaine by the other parts Yea though they should vnite linke and confederate themselues in one For are they not weaker in power poorer in purse of farre lesse reputation then the former And yet neuertheles these partes are at such deadlie feude one against the other and at such an irreconciliable enimitie betweene them selues that the case standeth now betweene them as sometimes it stood betwene Caesar and Pompey not whether of them should reigne but whether of them should liue And how then can these parts thus diuided possiblie agree together against the other partes so surelie combined Besides the first sort of these two sorts Puritane Protestants can neuer othrowe the Gospell whom it pleaseth our Protestantes the Admonishers for difference sake to dubb with the Knights Hood of Precisians or precise and puritane Protestants Why They are the onelie and principall spokes-men and petitioners for the Apostolicall Discipline required to bee planted Nay these men out of the holy Scriptures so resolutelie are perswaded of the trueth of God conteyned therein as without which they know perfectlie that the doctrine of the Gospel can neuer powerfullie florish or be enterteyned with so high a maiestie in the hearts of men as it ought to be And as The Gospel hath ouerthrown the papist therfore he can neuer ouerthrowe the Gospell for the other sort the Papistes I meane alas that poore ratt what ouerthrow can he worke to the Gospel whose bane the Gospell hath wrought so long since Alas this faynt goast is so farre spent his disease growne so desperate his sickenesse now at such an hay-now-hay as al the phisicke of all the Phisitions in the world caÌ„ not recouer his health or once take away his hed-ach This silly snake then hauing hissed out all his sting spit out all his venime vngorged him self of all his poyson how can his skin or how should his tayle anoy the Gospel If therefore it might please the Admonishers vpon a reuew of our State our countrey and our people to cast such men as be open enemies to the Gospell into squadrons causing them to march rancke by rancke troupe by troupe and deliuering vnto the King a muster roule of all the names qualities conditions of the principal popish recusants within the Realme for none but such onely can be suspected openly to bande them selues against the Gospell it is not to be doubted but the least part of all the other foure partes would bee as great in number as these And what theÌ„ should the King and state feare the multitudes of recusantes when one standing on the Kings side should be able to withstand tenne and tenne an hundreth and an huÌ„dreth a thousand and a thousand tenne thousand papistes King Asa crying vnto the Lord his God that it was nothing with him to helpe with many or with no power and resting vpon the 2 Cron. 14. Lord ouercame tenne hundreth thousand and three huÌ„dreth chariots of the Ethiopians and Labimes For the eyes of the Lord behold all the earth to shew him selfe strong with them that are of a perfect heart toward him And when King Ioash remembred not the kindnes which Iehoiada the Priest had done vnto 2 Chro 24. him but slew Zechariah his sonne the Lord deliuered the King a verie great armie into the hands of a small companie of the host of the King of Aram who gaue senteÌ„ce against the King slew all the Princes of Iudah froÌ„ among the people and caried the spoyle of them vnto Damascus And thus much concerning the Admonitors proposition viz Whatsoeuer will draw with it many and great alterations of the state of gouernment and of the lawes the same may bring rather the ouerthrow of the Gospell then the end that is desired All which speach of his I affirme to be but a vaine and trifling ridle as the vvhole strenght whereof resteth onely vppon a may bee Wherevnto if I should onelie haue spokeÌ„ thus and no more viz that manie and great alterations c. might rather not bring an ouerthrow of the Gospell c. I suppose and that vpon good ground that such may might not be might euerie way be as forcible to disproue the one as his may be
that the Author ought to haue proved them not to haue ben repugnant to the customes of the Realme but to haue bin in vse and practise before the making of that acte of submission For hee must proue sayth the Answerer that they are not repugnant to the customes of this Realme and shew vs how they haue bin vsed and executed heere before the making of the statute yea he can say that they are by lawe established among vs. Which points saith he because we learn by law quod facta noÌ„ presumantur matters in fact are not intended to be done vntill they bee proued so we must still put him to his proofes in the meane time say that hee 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 be a good avermeÌ„t to barre the Author from having proved a learned ministerie to be commanded by the lawe dispensations for many benefices to bee vnlawfull excommunication by one alone to bee forbidden and civill gouverment to be vnlawfull in ecclesiastical persons then much more forcibly may this argument be retorted vpon all such as clayme alleage put in vre any portion of the forraigne canon law For sithence it hath never yet bene proved that the forraigne canon lawe vsed and executed at this day was accustomed vsed 25. H. 8. then because wee learne by law as he saith quod facta non presumantur wee must still put him his clients to their proofe and in the meane while tell them that their Advocat hath twisted for them but a bad threed when by his reason he hath vntwined all their lawes and broken a sunder the bands of their gouverment 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 prerogatiues of the regall Crown nay because the contradictorie hereof is affirmed and this denied and because we learne by law as he saith that matters in fact are not intented to be done â—ill they be proved so wee must still put the vpholders and executioners of this law to their proofe and in the meane while tell them that the forraign papall law is but a pretended necessary 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 hedlesse a fetherlesse and a nocklesse arrow which is not fit to be drawn or shot against any subiect of the King And from this voydance abolition 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 Priestes papall Deacons papall Subdeacons papall Chancelors papall Vicars generall papall Commissaries and papall Officials meerely depending vpon the authoritie and drawen from the rules and grounds of that lawe are likewise adnihilated and of no value Howbeit forso By the opinion of the CiviliaÌ„s the papal canon law seemeth to bee in force much as by the opinioÌ„ of some learned Civilians there seemeth vnto them a necessarie coÌ„tinuance of the same forraign and papall law by reason that Archbb. and Bishops doe now lawfully Apologie of certain proceedings in courts Ecclesiasticall as they say vse ordinarie Archiepiscopall and Episcopall iurisdiction which they could not as they thinke doe if the same common lawe were vrterly abolished and for so much also as some learned in the canon lawes do mainteyne that since the statut of 1. Eliz. c. 1. the Archbb. and Bb. cannot lawfullie clayme anie ordinarie spirituall iurisdiction at all but that the spirituall iurisdiction to be exercised by them ought to be delegated vnto them froÌ„ the King by a commission vnder the great Seale Forasmuch I say as there are these differences of opinions it seemeth expedient to be considered by what law by what authoritie Archbb. and Bb. exercise Archiepiscopal Episcopall power in the church And to the end this question may fully be knowen and no scruple nor ambiguitie be left what power spirituall may be intended to be exercised by them We distinguish spirituall power into a power properly called spirituall and into a power improperlie Power properly and improperly called spirituall or abusivelie called spirituall The power properly called spirituall is that spirituall power which consisteth and is conversant in preaching the Woord administring the Sacraments ordeyning and deposing Ministers excommunicating or absolving and if there be anie other spirituall power of the like propertie and nature Now that this power properly called spirituall could haue bin drawen from the person of our late Soveraigne Ladie the Queene vnto Power properly called spirituall was neuer in the Queens person Archbb. and Bishops we denie For the Queenes Royall person being never capable of any parte of this spirituall power how could the same be derived from her person vnto them Nemo potest plus iuris in alium transforre quam ipse habet Archiepiscopall and Episcopall power therefore exercised in and about these mysteries of our holie Religion ordinarily necessarilie must belong vnto the Archbb. and Bb. by the canon of the holy Scriptures otherwise they haue no power properly called spirituall touching these things at all The power which improperlie is called spirituall Power improperly called spiritual is indeed but a temporall power is such a power as respecteth noâ— the exercise of any pastorall or ministeriall church to the internall begetting of faith or reforming of maners in the soule of man but is such a power as whereby publike peace equitie and iustice is preserved and mainteigned in externall things peculiarly appropried and apperteyning vnto the persons or affaires of the church which power indeede is properlie a temporall or civill power and is to be exercised onelie 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 kind of power in the church I answer that they cannot haue the same from any forraign canon lawe because the same law with all the powers dependaÌ„ces thereof is adnulled And therefore that this their power must ought to be derived vnto theÌ„ from Bb. where From whence then is their power derived Herevnto we answere that before the making of that act spirituall iurisdiction did apperteyne vnto Bishops and that Bishops were ordinaries aswell by custome of the Realme canons constitutions and ordinances provinciall synodall as by forraign canon law And Bishops remaine ordinaries by custome provincial caÌ„oÌ„s and statute law though papal canon law be abolished that therefore these canons constitutions
ordinances provinciall or synodall according to the true intent of that act could not still haue bene vsed and executed as they were before if the Bishops had not still remained ordinaries Moreover it is cleare by two statutes that the Archbishops Bishops ought 25. H. 8. c. 20. 25. H. 8. c 16. to be obeyed in all maner of things according to the name title degree and dignitie that they shall bee chosen or presented vnto and that they may doe and execute minister vse and exercise all and euerie thing and thinges touching or perteyning to the office or order of an Archbishop or Bishop with all ensignes tokens and ceremonies therevnto lawfullie belonging as any Archbishop or Bishop might at any time heretofore doe without offending of the prorogatiue Royall of the Crown and the lawes and customes of this Realme Let it be then that by custome canons provintiall and statute law Bishops bee and doe remaine ordinaries yet aswell vppon those words of the statute 25. H. 8. without offending of the prerogatiue Royal as vpon the statute of 1. Eliz. c. 1. there remaineth a scruple and ambiguitie whether it be not hurtfull or derogatorie vnto the Kinges prerogatiue Royall that Ordinaries should vse and exercise their ordinarie power improperly called spirituall without a commission vnder the great Seale or that such their power should be as immoderate and excessiue now as in times past it was by the papall canon law Concerning the first by the statut of 1. Eliz. c. 1. and by the statute of 8. Eliz. c. 1. the Queene was recognized to be in effect the Ordinarie The Queen was supreme ordinarie of ordinaries of Ordinaries that is the chief supream and Souveraigne ordinarie over all persons in all causes aswell ecclesiasticall as temporall Where it seemeth to followe that all the branches streames aswell of that power which improperlie is called spirituall as of that power which properly is called temporal should haue bene derived originally vnto the Bishop from her Highnes person as from the onlie head fountaine of all the same spiritual power within her Kingdomes in such maner and from and by such commission vnder the great Seale as her H. temporal Officers Iusticers Iudges had their authorities committed vnto them And to this opinion Maister D. Bilson seemeth to accord For all power Pag. 348 saith he is not onely committed to the sword which God hath authorised but is wholie closed in the sword Against the head that it shall not be head to rule and guide the feete can be no prescription by reason Gods ordinance for the head to governe the bodie is a perpetual and eternall law and the vsurpation of the members against it is no prescription but a confusion and the subuersion of that order which the God of heaven hath immutably decreed and setled Besides there resteth saith the Remonstrance Pag. 114. 130. vnto the Bishops of this Realm none other but subordinate delegate authoritie and that the matter heads wherein their iurisdiction is occupied are by and from the Christian Magistrats authoritie In whom as supream Governour all iurisdiction within her dominions aswell ecclesiastical as civill by Gods and mans law is invested and their authoritie ecclesiastical is but subordinat vnder God the Prince derived for the most part from the Prince From which two statutes iudgements of the 1. Eliza. c. 1 8. Eliz. c. 1 Governours of the Church conteined in these two bookes for these two bookes were seene allowed by the Governors of the church I leaue it to be coÌ„sidered if the Bishop did exercise the same improper and abusive spirituall power and iurisdiction ecclesiasticall onelie and alonelie in their owne names stiles and dignities and vnder their owne seales of office that also by authoritie of forraigne and papall lawes if I say the Bishop did these things after this this manner I leaue it then to be considered whether their exercise of such power were derogatorie and preiudiciall in a very high degree to the prerogatiues of the Royall Crown or not For my part because I find by the forraigne canon lawe that papall Bishops be the Popes sonnes and are privileged to carry the the print image of the Pope their father namely that they haue plenitudinen potestatis within their diocesses as the Ex de Maior oâ—â— Pope pretendeth to have power over the whole worlde For quilibet ordinarius saith the same law in sua diocaesi est maior quolibet principe and because also not withstanding what socuer the Bb. haue written that they were the Queenes Bb. and had their authoritie derived vnto M. Bilson pag. 330. them from the Queene they did in her life time put the same papall law in execution by the same law did take vpon them plenitudinem potestatis within their Diocesses I for my part I say can not as yet otherwise conceyue but that exceedinglie they did intrude them selues into the Royall preheminences priviledges prerogatiues of the Queene For by what other authoritie then by a certain plenarie power did they in their owne names for the gouernment of the The Bb. by a plenarie power devised promulged new canons with out the Queens assent seuerall Churches within their seuerall Diocesses from time to time make promulge and by vertue of mens corporall oathes put in execution what new Canons Iniunctions and articles soever seemed good vnto them without any licence or coÌ„firmation from the Queene first had and obteyned therevnto By which pretensed plenarie power it seemeth that the statute made to bring the Cleargie in submission to the King was covertlie deluded and our late Soveraigne Ladie the Queene cunningly bereaved of that regall authoritie over euerie partieular Diocesan or Ordinarie which notwithstanding by the Parleament was giuen vnto her Highnes over the whole body and state of the Clergie For if once there be no necessitie of the Kings licence assent or confirmation to such articles canons or iniunctions as euerie ordinarie shall make within his iurisdiction then must it bee intended that the statute of submission hath covertlie permitred severall members severally to doe to execute those things which apparantly in expresse termes the whole convocation was commaunded and with the same in verbo sacerdotij had promised not to doe then the which what can seeme more vnreasonable and absurd For then might all the Ordinaries ioyne hand in hand and agree all togither in one never in anie of their convocations assembled by the Kinges writt to devise make or promulge any canons Ecclesiasticall at all And what assent licence or confirmation from the King could then bee needfull Or how then was the Cleargie brought in submission to the King For then should it not be with them as it is in the proverbe A threefold coard is not easilie brokeÌ„ but then should it be with them contrarie to the proverbe for
the authoritie aforesaide for our said Soveraigne L. the King his heyres and succerssors from tyme to tyme and at all tymes to nominat and appoint by his and their Highnes letters patents vndee the great Seale of England for euerie Shire and Shires Diocesse and Diocesses within his or their H. Dominions one or moe able sufficient persons learned in the civill lawe to be his and their Notarie and Notaries Register and Registers by him them selues or by his or their lawfull Deputie or Deputies to doe performe and execute all and euery such act acts thing and things as heretofore in the Courts and Consistories Ecclesiasticall aforesaid hath bin and now are incident and apperteyning to the office of any Register or Notarie And further at the humble suite of the Commons c. it may please the King to haue it enacted That all singular matters of Wills Testaments with all and everie their appendices that all and singular matters of Spousalls Mariages with their accessories that all and singular matters of diffamation heereto fore determinable in the ecclesiasticall Courtes and if there be anie other causes of the like meere civill nature shall be heard examined and determined by the said civill and secular Officers and Iudges in the said civil and secular Courtes according to the due course of the civil law or statutes of the Realme in that behalfe provided And that all matters of Tythes Dilapidations repayre of churches and if there be anie other of like nature with their accessories and appendices shal be heard examined and determined by the saido civill and secular Officers and Iudges in the said civil and secular Courtes according to the Kings ecclesiasticall lawes statutes and customes of the Realme in that behalfe heeretofore vsed or heereafter by the King and Parleament to be established And at the humble suite of the Commons may it please the King to haue it further enacted That all maner of fees heeretofore lawfull or heereafter by the King and Parleament to bee made lawfull for or concerning the probat of Willes administration of the goods of the intestat letters of tuition receyving or making of accompts inductions to Archbishoprickes Bishoprickes Dearries Parochiall-churches or other spirituall promotions and all other feees what soeuer heretofore lawfull or hereafter to be made lawful for anie travaile or paine to be taken in or about the expedition and execution of any of these causes shall for ever hereafter be fees allowances appropriated to the Iudges and principall Registers of the sayde Courtes equally to be devided betwene them as heeretofore hath bin accustomed and that the said Iudges and Ministers within their severall charges shal be Collectors of the Kings tenthes and subsidies graunted and due by the Clergie taking for their travayle and payne in and about the same collection such fees as heretofore haue bin accustomed Provided alwayes that none of the saide 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 authoritie of this present Act proceed against everie offendor and offendors by such ordinarie processe out of the said Register or Notaries office as is vsed vpon a sub-pae-na out of the high Court of Chancerie and there vpon default or contempt to proceed to attachment proclamatiō of rebellion and in prisonment of the partie offending as in the said high Court of Chācerie is vsed Provided also that all appeales hereafter to be made from all and every Court and Courts in the Shyres and Diocesses of the Countrey shal be made to the higher Courtes as heretofore hath bin accustomed onely with an alteration and addition of the names stiles and dignities of Archb. Bb. and other Ordinaries vnto the name stile and dignitie of our Soveraign Lord the King his heyres and successors And that vpon the appeales so to be made it shall and may be lawfull for the Iudges Ministers of Iustice of and in the said higher Courts to make out all maner of processe and processes and to doe execute all and every act and acts thing things for the furtherance of Iustice in the causes afore said as to them shall by the law seeme equall right meete convenient any law statute privilege dispensation prescriptiō vse or customs heretofore to the contrarie in any wise notwithstanding Provided also that all and every such Iudge and Minister that shall execute any thing by vertue of this act shal from time to time obey the Kings write writs of prohibition of attachment vpon prohibition and indicavit and not to proceede contrarie to the tenour of such write or writes in such and the same maner and forme and condition as they have or ought to haue done before the making of this act any thing in this act to the contrary notwithstanding Provided also that this acte or any thing therein conteigned shal not extend or be interpreted to give any authoritie to the said Iudges Ossicers or any of them to put in execution any civill or Ecclesiasticall lawe repugnant or contrariant to the lawes statutes or customes of the Realm or hurtfull to the Kings prerogatiue Royall And thus it may seeme to bee but a small labour a litle cost and an easie matter for the Kinge his Nobles and Wise men of the Realm to devise formes of iudgement and maner of processe proceedings without any offices or functions of the canon law wherby the vse and studie of the civill lawe and the rewarde and maintenance for Civilians might be furthered and increased and not vtterly overthrowne taken away as the Admonitor vncivily beareth vs in hand As for the alteration of the censure of excommunication for contumacie mētioned in this proiect we haue the consent of the reverende Bishops in Pag. 138. this admonition that the same may bee altered For the Admonitor their Prolocutor speaketh on this wise Viz. As for Excommunication for contumacie by the Admonitors iudgement may be takē away without offence and with the good liking of the Bishops the excommunication practised in our ecclesiasticall Courts for contumacie in not appearing or not satisfying the iudgement of the Courte 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 Clergie of the Realme would haue bin very well contented therewith And speakinge of a certaine maner of civill discomoning vsed in the Church of Tigure he further addeth viz. Which or the like good order devised by some godlie persons if it might be by authoritie placed in this Church c I think it would be gladlie receaved to shun the offence that is taken at the other Admonition And matters
deforced wronged or otherwise kept or put from his lawfull inheritaÌ„ce estate seysin c. of in or to the same by anie person clayming or pretending to haue interest or title in or to the same that then in all and euerie such case the person so disseysed deforced or wrongfullie kept from his right or possession shall and may haue his remedie in the Kings temporal Courtes as the case shal require for the recouvery of such inheritance by writt originall c. to be devised and graunted out of the Kinges Court of Chancerie in like maner c. It is there likewise provided that that Act shal not extend nor be expounded to giue anie remedie cause of action or suite in the Courtes temporall against any person which shall refuse to set out his Tythes or which shall deteigne c. his Tythes and offerings But that in all such cases the partie c. having cause to demand or haue the same tythes shal haue his action for the same in the Ecclesiasticall Courtes accordinge to the ordenance in the first part of that act mentioned and none otherwise Now then sit hence euery person whether he be laie or Ecclesiasticall having â—â—ght to demand tythes and offeringes hath the partie from whom those tythes 〈◊〉 due bound obliged vnto him and thence also the partie not dividinge yeelding or paying his tythes doth actuallie and reallie deteigne the same and thereby doth vniustlie wrong the partie to whom they be due contrarie to iustice the Kings lawes sithence I say these things be so what alteratioÌ„ or disadvantage could befall or ensue to the common law or the Professors thereof if so bee it might please the King with his Parleament to haue the last part of this Act so to be explaned extended and enlarged as that the same might giue remedie in the Kings temporall Courts by writt original to be devised granted out of the ChaÌ„cerie against any person deteigning his tythes and offeringsâ— the Hospitall of St Leonards in Yorke of the Kings foundatioÌ„ and Patronage Hospitall of S. Leonard 1. 2. H. 6. c 2 endowed of a thrave of corne to be taken yerely of euery plouÌ„gh earing with in the Counties of Yorke Comberlande Westmerland and Lancaster hauing no sufficient or covenable remedie at the common law against such as withheld the same thraves it was ordeigned by the King in Parleament that the Maister of the said Hospitall and his successors might haue actions by writt or plaintes of debt or detinue at their pleasure against all and every of them that deteyned the same thraves for to recover the same thraves with their damages And by a statute 32. H. 8. c. 44. it is enacted That the Parsons and Curates of five parish churches whereinto the Towne of Roysen did extend it selfe and everie of them the successors of every of them shall haue their remedie by authoritie of that Act to sue demaund aske recover in the Kings Court of Chancerie the Tythes of corne hay wooll lambe and calfe subtracted or denyed to bee paide by any person or persons Againe Vicars Parsons or Improprietaries do implead any man in the ecclesiasticall Court for tythes of wood beeing of the age of 20. yeeres or aboue for tyth-hay out of a medow for the which tyme out of mind memorie of man there hath onely some Meade-silver bin paied or if a debate hang in a spirituall Court for the right of tythes having his originall from the right of Patronage the â—uaÌ„tite of the same tythes do passe the â—urth part of the value of the benefice prohibition in all these and sundrie other cases doth lie and the matters are to be tried and examined in the Kinges Courts according to the course of the common lawe vnlesse vpon iust cause there be graunted a consultation And if in these cases in maintenance of the common law the defendants haue relief in the Kinges Courts I thinke it more meete to leave it to the consideration rather of coÌ„mon then to the iudgemeÌ„t of canon Lawiers to determine what alteration the common law could sustayne in case all Plaintiffes aswell as some defendants might pray the Kings ayd for the recovery of tythes especially seeing at this day the maner of paying tythes in England for the most part is now limited by the coÌ„mon and statute lawes of the Realm and not by any forraigne canon law Obiect But there is some fact happely so difficile so secreat and so mystical in these causes of tythes as the same cannot without a very great alteration of the common law be so much as opened before a lay Iudge or of the hidden knowledge wherof the Kings temporall Iudges are not capable Answere Why then let vs see of what nature that inextricable fact may bee I haue perused many libels made and exhibited before the ecclesiasticall What facts touching the witholding of tythes are examinable in the ecclesiasticall Courts Iudges yea and I haue read them over and over and yet for grounde of complaint did I never perceave any other materiall and principall kinde of facte ' examinable in those Courts but onely such as follow First that the partie agent is eyther Rector Vicar Proprieiarie or Possessor of such a Parish-Church and of the Rectorie Vicarage farm possession or dominion of the same and by vertue thereof hath right vnto all Tythes oblations c. apparteyning to the same Church and growing with on the same Parish bounds limitts or places tythable of the same Secondly that his predecessors Rectors Vicars c. tyme out of minde and memorie of man haue quietly and peaceably receaued and had all and singular Tythes oblations c increasing growing and renuing within the Parish c. and that they and he haue bin and are in peaceable possession of hauing and receaving Tythes oblations c. Thirdly that the partie defendant hath had and received in such a yere c. of so many sheepe feeding and couching within the said Parish c. so many fleeces of woll and of so many ewes so many lambes c. Fourthly that the defendant hath not set out yealded or paid the Tyth of the wooll and lambe and that every Tyth fleece of the said wooll by common estimation is worth so much and that every Tyth lamb by coÌ„mon estimation is likewise worth so much c. Fiftly that the defendant is subiect to the iurisdiction of that Court wherevnto hee is sommoned Lastly that the defendant doth hetherto deny or delay to pay his Tythes notwithstanding hee hath bin requested there vnto These and such like are the chief matters The Kinges Iustices are as able to iudge of exceptions against tithes as the ecclesiastical Iudges of fact wherevpon in the ecclesiasticall Courts proofes by witnesses or recordes rest to be made for the recoverie of tythes And who knoweth not but that these facts vpon proofes made before the Kinges Iustices may aswell bee decided by
money to bee paid and distributed yerelie of the fruites and profits of the same churches by those that shall haue the same churches in proper vse by their successors to the poore parochiaÌ„s of the same churches in aide of their living sustentation for ever and also that the Vicar be well and sufficientlie endowed By which statute it appeareth that every impropriatioÌ„ ought to be made by liceÌ„ce out of the Chancerie that it ought to be made to the vse of ecclesiasticall persons onlie not to the vse of temporall persons or patrones Now then all such parish churches as without licence of the King in his Chancerie haue bin appropried to any ecclesiasticall person and againe all such parish churches as by licence of the King in his Chancerie haue bene appropried to the vse of laye persons they are not to be accompted mens lawfull possessions heritages Besides this as many impropriations as wherevpon the Diocesan of the place hath not ordeined according to the value of such churches a convenient summe of money to be paid distributed yearlie of the frutes of the same churches c. to the poore Parochians of the same churches in aide of their living and sustentation for euer yea every church also appropried as wherevnto a perpetuall Vicare is not ordeined canonically to be instituted inducted in the same and which is not convenably endowed to doe divine service and to enforme the people and to keepe hospitalitie there all and everie such church churches I say otherwise then thus appropried by the law of the Realme as it seemeth are not mens lawfull possessions and inheritances For by a statute of Kinge Henry the fourth everie church after the 15. year of King Richard the second 4 H. 4. c. 12 appropried by licence of the King against the form of the said statute of R. 2. if the same were not dulie reformed after the effect of the same statute within a certeyne time appointed then the same appropriation and licence thereof made presentlie the parish Church of Hadenham onlie excepted was adiudged to be voyd and vtterly repealed and adnulled for euer And therefore I leaue it to the inquisition of our Soveraigne Lord the King whether the impropriatioÌ„ of the parish church of Bâ—lgraue in the Countie of Leycester wherevnto two Chapples are annexed and other Churches appropried to the Bishop of Leycester since the statutes of Richard the seconde and Henry the fourth bee the lawfull or vnlawfull possession and heritage of the same Bishop yea or no. And if it be lawfullie appropried and so a lawfull possession and heritage then I leaue it againe to the inquisition of the King what summe of money out of the fontes of the same church ought yearlie to be distributed to the poore ParochiaÌ„s what the endowment of a Vicare canonicallie to be instituted and inducted in the same church should be what house is appointed for the same Vicar to keepe his hospitalitie in and whether any Vicare for the space of these many yeres passed hath bin Canonicallie instituted and inducted in the same church to possesse that endowment to inhabite that same house and enforme that people For if by the appropriation it selfe or by the abuse thereof the poore Parochians haue bin defrauded of their yearelie distribution or if no Vicares haue bene Canonicallie instituted and inducted in the same or if being inducted they haue their indowments so small or so covetouslie kept backe from them as that they can not sufficientlie mainteine theÌ„ selues much lesse keepe hospitalitie theÌ„ as the Admonitor coÌ„fesseth there must needes be a lamentable abuse of impropriations and that therefore it is greatlie to be wished that by some good statute it might be remedied And as those churches which are vnlawfully appropried are not the lawfull possession and heritage of the proprietaries so on the other side we aâ—â—irme that those impropriations which were made reformed according to the statutes of Ri. 2. He. 4. may well stand as mens lawfull possessions and heritages even with those things which are required to be planted brought into the Church whatsoever the Admonitor hath written to the contrarie For wee doe not holde that maintenance must onlie and necessarilie be provided for everie Minister by the payment of tythes oblations and other ecclesiasticall profites belonging to churches appropried or disappropried For there being no direct proofe to be made out of the law of God that Ministers of the Gospell must onelie liue vpon tythes the King and Parleament may well and competentlie inough appoint covenable endowments for everie Minister without disapproprying of any church appropried And therefore litle cause had the Admonitor to insinuate the ruine of impropriations vpon the bringing in the discipline of our Savior Christ because the same may bee well planted and yet to other not vnplanted But what neede we to argue against his insinuation considering he him selfe before he came to the end of this page by his owne disclayme contradicted his insinuation For if the forme of finding Ministers by tythes must with the canon law as he saith be abolished and if there must be some other order for this devised because this may seeme papisticall and Antichristian what should anie man feare the taking away of those lawes whereby impropriations do stand For if such as heretofore haue spoken or written against them because as he insinuateth the forme of finding Ministers by tythes seemed to be vnlawfullie taken away and as he would also insinuate by their iudgement ought againe to be restored and not to stande any longer as mens lawfull possessions and heritages How I saye doth it followe that they which desire impropriations to bee restored to their pristinate state should withall require to haue the findinge of Ministers by tythes to bee abolished It seemeth therefore that the Admonitor so he might be talking passed but a â—itle what he talked For what a double talke is heere or to what purpose was this talke Was it because some men do thinke that the Ministers ought not to receyue tythes for their reliefe paynes in the Ministerie Why then let all men knowe that we disclayme such some mens opinions For wee accompt all things perteyning to this lyfe directlie or by consequence not commaunded nor prohibited by the holy and sacred Scriptures to be things indifferent and that therefore we may vse them or not vse them as the commoditie or incommoditie of the Church shall require And therfore as we doe not affirme that the maintenance of the Ministers must onelie and necessarilie bee levied out of tythes oblations and such like so also we do not denie but that the tenth part of the increase of all our goodes by the authoritie of the King his lawes may be allotted for their possession and hâ—ritage especiallie in our couÌ„trey the same manner of payment beeing so auncient and so agreeable to the maners vsages and disposition of our
to teach and to guide others we rest perswaded in our hearts that the King for his part treading in the steppes of the godlie Kings Princes Governours of Iudah will goe in and out before his people as they did before theirs And that he will rather not eate of the bread nor drinke of the wine of the governoures Nehe. 5. that were before him then that he will not remitt the provisions the seasements the fynes the impositions the amerciamentes that have bene exacted Yea also that he will feede from his owne table an hundred and fiftie Prophetes prepare for them oxen and sheepe and birdes and wine in all abundance because they are come vnto him from amoÌ„g the prelatistes that were about theÌ„ because their bondage hath bene grievous vnto them Yea further also we are 2 Chro. 11. perswaded that he will shake out of his Lapp everie servaÌ„t of his that shall beare rule over his people And thus much of the meanes whereby some impropriations may wholie be reduced to the vse of the Ministerie It followeth to shewe by what meanes other some impropriations may be converted in part to the maintenance of Ministers to be planted in Parochiall Churches now destitute of able Pastoures in case the sayde impropriations by none of the former meanes can be reduced whollie to their first and auncient institution Wherein these two things come principally to be considered First whether it were not convenient How impropriatioÌ„ may be in parte reduced to the Ministery by some wholesome lawe to haue it ordeyned that the Heades Governours Rulers and Maisters of the Vniversities Colledges Cities Townes Hospitalls free Scholes and other bodies politicke and Corporate should not from henceforth demise or sett to farme their or anie of their impropriations or anie of the glebe Lande tythes or other fruites belonging to the same vntill such time as all leases heretofore made bee fullie ended or otherwise determined Secondlie whether it were not convenient to have it enacted by the same lawe that all and everie impropried Church Churches with their glebes tythes and other fruites after the determination of the Leases now in being should be demised and sett to farme onlie to the incoÌ„bent Ministers of the same Churches for terme of their naturall lyves if so long they did continue reseant and faithfullie preach in the same Churches the doctrine of the Gospell according to the articles of Religion concerning Faith and Sacramentes by publick authoritie now established in the Church of England And because by likelihood the Vicares will not bee able to pay fynes or incomes vnto the Colledges Hospitalls and other places and because also it seemeth reasonable that the Colledges Hospitalles other places by some other meanes should be recompenced we leave it agayne to bee considered whether it were not convenient that the Vicars in consideration of non payment of fynes should yeelde in money corne or other provision to the double or treble value of the anicient and vnimproved rentes For mâ—n experienced in these affaires of this life know that the profites arising out of churches appropried vnto the farmours thereof are commonlie sixe eight or tenne tymes more worth by iust estimation theÌ„ are the old rentes payable vnto Colledges Hospitalles other like places And thus we see howe together with the bringing in of these thinges which are required to be planted in the Church impâ—opriations may stande as mens lawfull possessions and heritages or otherwise how without damage or hurt to the King or Realme they may be converted to the vse and provision of the Ministers what soever hath bene insinuated by the Admonitor to the contrarie And yet do I not in anie of these things or of any other thing first or last spoken or to bee spoken desire mine owne advyse and iudgement so to be respected as though I should arrogate vnto my selfe more knowledge then all others which labour in the cause of reformation but onelie I submitte these my private meditations with their reasons to the censures of all wise godlie and learned men HuÌ„blie praying them so to bestir their own wits and so to bestowe their own cunning and learning that a better more easier way by their ingenuousnes may be found out procured to take place And in the meane season that these motions tendered to their vewes may not altogether bee neglected but duly weyed and considered Especiallie for that I haue not tendered any other thing to be performed by any of these meanes vnto any other then such as whervnto I my self to my power yea and beyond my power as far as in me lyeth shall bee readie to yeelde And howsoever the Bishoppes other great Clergie Maisters with their statelie favourites may preteÌ„d some part of this devyse to be an hinderance of learning and other some parte not to be for the Kings profite yet to the first we answere brieflie that learninge is not so much furthered by a few great rewardes provided for a few great learned men as it is by many good rewardes appointed for many good learned men as hereafter more at large in a more convenient place is declared Touching the Kinges profite we affirme that it is not onelie most profitable but also most honorable for the King to haue a multitude of loyall vertuous and godlie subiectes And that such manner of subiectes can by no meanes better be procured then by a continuall preaching Ministerie of the worde to bee planted in everie parish of the Kings Realmes And because no man better knoweth the reciprocall dueties betweene a Christian King and christian Counsellers we leave the discerning of the spirites of these profite preachers to the triall and iudgement of our most Christian King whom if he shall finde either by flatterie to fawne vpon the Kings profite or by labouring to keepe the King in a good opinion of thinges amisse we most huÌ„blie beseech the King to accept them and rewarde them for such as could wishe in their heartes the King should rather be impoverished by having many bad vnprofitable subiectes then that them selues would not be enriched by enioying manie good and profitable impropriaons As for the Lawes whereby Patronages do stande as mens lawfull possessions and inheritances which as the Admonitor saith must also be taken away how the same lawes may still endure or by consent of Patrones be altered without their damage if God permit when we come to speake of the election of Ministers wherein the reformers are charged with the hurling and thrusting out of patrones shal be declared Admonition The lawes of England to this day haue stood by the authoritie of the Pag. 78. three estates which to alter now by leauing out the one may happely seeme a matter of more weight then all men doe iudge it Assertion Not to stand vpon termes with the Admonitor that the lawes vsually called the common lawes of the lande being meere customary lawes
the Lordes temporall whether the Lordes spirituall would or no. And that contrary to the expresse decrees canons of the church of Rome And thus much the most reverend and godly Father Maister Iewell Bishop of Salisbury wherefore to conclude this point against the Admonitors position I dispute thus All those persons who by any necessity are none of the three estates and by whose authorities the statutes of England to this day haue not stood to leaue out the same persons may happely seeme a matter of lesse weyght then all men doe iudge it But the Archb and Bb. are such persons as by necessitie are none of the three estates and by whose consents the statutes of Englande to this day haue not stood Therefore to leaue out the Archb and Bb. may happely seeme a matter of lesse weight then all men doe iudge it If our Evangelicall Bishops be of that opinion of which the Popish Bishops were viz that the house of Parleament is an vnfit an vnmeete place to haue the holie cause of the religion of God debated and concluded vpon and that the Layitie without the Clergie ought not to conclude any thinge in religion that in respect hereof their presences their voyces and their assents are necessarie in the Parleament If our Evangelicall Prelates I say make this obiection then besides that hereby they vnseemely vnmannerly vnchristianly accuse the whole land of ignorance and blindnes in religion supposing neither King nor Nobles nor Commons to be able to discerne betwene night and day besides this I say so shamefull an abuse of a whole Christian nation I would pray them to remember what the most reuerend Fathers Maister Pilkington Maister Iewell haue aunswered to such cavillous slaunders For what els intended they by many examples proofes brought for the Parleamentes of England consisting of the King the Nobles and the Commons to be lawfull Parleaments and to haue right to establish religion but to iustifie against Popish scoffers that religion might be receyued established in Parleament notwithstandinge the absence or exclusion of the Clergie Besides since our lawes do vphold the state authoritie of the Convocation Matters of religion not concluded in Parleament before the same bee consulted of in conuocation house for the examination of all causes of Religion surely it can not be truely averred that it is necessarie for Evangelicall Bishops to be members of the Parleament house least controversie of religion should be handled and discussed without them For how should any matter of religion bee concluded without them in Parleament when first of all the same is to be argued among them selves in convocation or let them hardely if they can shew any one instance of any change or alteratiō either from religion to superstition or from superstitiō to religion to haue bin made in Parleament vnlesse the same freely at large haue bene first agreed vppon in their Synodes and Convocations And what booteth it then to haue a double or treble consultation and consent of Archbishops Bishops in Parleament Is the holy cause of God any whit bettered by their Bishops riding from Paules to Westminster Or can it receiue any more strength by their walking from Westminster Church to Westminster Pallace Nay it hath bene oftentimes so farr from being promoted by their Bishops as not onelie in their convocations but also in the Queenes Parleaments the same hath ben shamefully intreated and taken the foile as may witnesse the bill for the better observation of the Sabboth 27. Eliz. which beeing passed by both houses of Parleament was notwithstanding gainesaid withstood by none so much as by certayne Evangelicall Bishops which as there all men generallie conceaved was onlie stayed from being made a law by the Queene vpon their counsell and perswasion Admonition It hath bene alwayes dangerous to pick quarels against lawes setled Pag. 78. Assertion And is it not morbus hereditarius in Steuen Gardeners argument and the Admonitors argumēt in effect one Prelates to picke quarrels against reformation of errours For even this did Steven Gardener reason against the Lord Protector That in no case sayth Steuen Gardener is to bee attempted of the Lord Protector which may bring both danger to him and trouble to the whole Realme But innovation of Religion from that state wherein King Henry left it may bee and is like to bee dangerous to the Lord protector to breed troubles to the whole Realme Therefore innouation of Religion from the state that King Henry left it is in no wise to be attempted And even of this stāpe of this streyne is the argument of picking quarrelles against lawes settled for thus in effect he argueth That Discipline in no case is to bee brought into the Church by the Kinge Parleament which may be dangerous to lawes setled But to bring into the Church the Apostolicall discipline may bee dangerous to lawes setled Therefore the Apostolicall Discipline in no case is to bee brought into the Church by the King Parleament But forasmuch as that noble and religious Lord Protector notwithstanding Steven Gardiners sophistrie continued constant and couragious in the abolishment of Poperie and superstition which King Henrie left did without dangerous alterations of lawes then settled innovate religion How much more now may the Kings Maiestie the Lesse dāger to reforme the Church by newe lawes then to continue corruptiō by old lawes Lords and Commons in Parleament attempt with effect an innovation of that state of Ecclesiasticall goverment wherin the Queene left the Church And if it can not be denied but it had bene farre more daungerous for the Realme and for the Lord protector not to haue setled the holy doctrine of the everlasting Gospel by new lawes then to haue mainteyned and continued antichristianitie by old lawes how should it bee lesse danger for the King in these dayes to continue corruptions in the Church by tolleration of old lawes then to haue the same corruptions reformed by establishment of new lawes But vnto whō or vnto what hath it bene daungerous to picke quarrelles against lawes setled What Hath it bene dangerous to lawes setled No. For how should lawes setled be indangered by quarelers sithence quarellers are euermore in daunger of lawes settled Or hath it bene alwayes dangerous for a King for a State for a people or for a Countrey to picke quarelles against lawes setled No. For what man is he or what face carieth he that dare vpbrayde a Countrey a people a State or a King minding to vnsetle evil lawes euill customes to be quarelers against lawes setled Let it then onlie be daungerous for private persons vpon private malecontentment to picke quarelles against good lawes wel rightly setled and let it not be hurtfull or dangerous for supreame Kings powers and Principalities by publicke edicts to alter evill lawes evilly setled For to what other end should evill lawes evilly setled
subversion vpō any nation that purely and soundly in place therof hath embraced the holy Sacrament of the Lords Supper It seemeth also to be equal for many ages past that the Bishop of Rome might haue supreame and absolute power over all persons states and causes not only in Rome Italy Spaigne Germany other forraigne Kingdoms but also in England and Scotland But as yet to the view of al the world it hath not proved perilous for the King Queen of England and Scotland to establish new lawes for the alteration of that ancient abuse And why hath it not bene dangerous so to do Why forsooth because there was evident vtilitie in doing of it But how could an evident vtilitie appeare before it was done How Forsooth because the holy law of God had warranted an alteration For faith having eyes to see the wisedom the power and the trueth of God in his word discerned a far of that the institution of the Lords Supper was long before the sacrifice of the masse And therefore our Kings by abandoning popery out of the Realme did not institute any new religion but onely they restored the old Now then if the same holy lawe of God doe condemne the choyce and thrusting of a Pastour vpon the people by one man alone and againe if the same lawe doe impugne the primacie of one Pastour over all Pastours as wel in a Diocesse or Province as in the whole West part of Christendome what daunger can it be not to disfrāchise the one sithence without any maner of danger we haue abolished the other or what perill can it be not to countenance the sonnes sithence without peril we haue discountenanced the father Especially seeing in this place of the admonition we haue a playne cōfession that the common maner of election of Pastors Elders and Deacons in the old Churches was made by the people For if the examples of schisme discord Common manner of elections in the olde churches was by the people contention did commonly appeare in the olde churches while that maner of election did continue then by his owne mouth that maner of election was common and did continue in the olde churches Besides this inconvenience saith he caused Princes Bishops so much to entermedle in this matter From whence it necessarily againe followeth that by the holy Scriptures and law of God Princes and Bishops did not entermedle with that matter at all For had it bin simply lawful for thē to haue Bb. medle not with election of Pastours by the holie Scriptures dealt in those causes by the worde of God thē as well before schisme discord and dissention as afterward yea rather much more before then afterward For then by their own right might Princes and Bishops haue prevented all occasion of schisme and contention and haue so preserved the Church that no tumult or disorder should once haue bin raysed or begun therein Againe if by the lawe of God Princes Bishops had medled in these matters and had not entermedled by humane devise then lawfully by their authoritie alone might they haue chosen Pastours Elders and Deacons in the olde Churches which thing in this place by necessarie inference he denieth For schisme saith he caused thē to entermedle So as by his confession they were but entermedlers and entercommoners by reason of schisme not cōmoners and medlers by vertue of Gods word And yet now a dayes our reverend Bishops in this case are no more entercommoners with Princes and with the people they are no more entermedlers as in olde times they were but they haue now so farre encroched vpon the prerogatiues of the Prince and privileges of the people that neither Prince Bishops encroch vpon the right of prince and people nor people haue any commons in the election of Pastours Elders Deacons with them at all Besides if schisme and contention among the people were the reason why Bishops first entermedled in the choise of Pastours we now having no schisme nor contention about the choise of Pastours by the people and so the cause ceasing why should not the effect likewise cease But this effect is therefore still to be continued because otherwise the cause would a new sprout out and spring vp againe Nay rather inasmuch as for these many yeares we haue had schisme discord dissention because the Bishops wholy and altogether haue medled in the choise of Pastours and haue thrust vpon the people whatsoever Pastours please not the people but pleased themselves haue not suffered the people to medle no not so much as once to entermedle in these matters in as much I say as these things be so it seemeth most expediēt requisite necessarie for the appeasing pacifying of this discord the taking away of this schisme to haue that maner of election which was in the old Churches restored to the people and this wherein the Bishops haue entermedled without authoritie from the worde to be abolished that so againe the cause of schisme and strife which is now among vs ceasing the effect might likewise cease After I had ended this tract in this maner touching this poynt there came into mine handes a booke intituled The perpetuall gouernment of Christes 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 Bishoppes and Presbiters doth rightlie belong and whether by Gods lawe the people must elect their Pastours or no. In whiche Chapter also the matter of schisme strife and contention is handled The finall scope and conclusion whereof is as the proposition importeth two fold First cōcerning Bishops then concerning Pastours The quarell taken against Bishoppes doth not so much touch sayth he the office and functions of Bishoppes as it doth the Princes prerogatiue When you rather thinke the Prince may not name her Bishoppes without the consent and election of the people you impugne nor vs but directlie call the Princes fact and her lawes in question As touching this poynt of the proposition because the people by any lawe or custome never chalenged anie right or interest in the choyse of the Kings Bishoppes we haue nothing to medle or to make about the choyse of any of his Kinglie Bishoppes The Kinge only hath power without the people to nominate his Kingly Bb. Nay we confesse as his Highnes progenitours Kings of England haue bin the Soveraigne Donours Founders Lords and Avowes of all the Bishoprickes in England without ayd of the people that so likewise it is a right and interest invested into his Imperiall Crowne that he onely his heyres successours without cōsent of the people ought to haue the free nomination appointment collation investiture and confirmation of all Bishoppes frō time to time to be placed in anie of those Bishoprickes yea we say further that the King alone hath not power onely to nominate collate confirme but also to
manner thereof is none other manner of gouerment nor forme of The maner of policie by Pastors and Elders in the Church is agreeable to the government in the cōmō weale pollicie thē such as they and their progenitors and Ancestors for many hundred yeares togither without interruption haue vsed and enioyed in the common weale And that therefore it will be a very easy matter to transferre the same to the gouerment of the Church For by the reasons and principles of their own gouerment in the common weale and by the sence feeling thereof they may wel be induced to thinke that they haue iniurie if they haue not as much to doe in matters of the Church as they haue to doe in matters of the common weale seeing they touch their commoditie and benefitt spiritually as the other doeth temporally And withall on the other side I shall doe my best indeavour to aduertise them that the gouernement of the Church by Prelacie is such a maner of gouernment as was neuer yet The government of the Church by Prelacie disagreeable to the government vsed in the common weale in the administration of iustice by any subiect no not touching the outward forme thereof once admitted into any part of common weale and that therefore the same if it may please the King will very easely bee sent and transmarined vnto Rome frō whence it first came where it had it originall and birth-right And to the end that we may clearelie discerne whether the nature of the gouerment of the Church by Prelacie or the nature of the gouerment desired to be planted by Pastors and Elders be more agreable to the nature of the pollicie receaued and vsed both by the Nobles and common people in the common weale it is necessarie that the manners and formes both of Prelaticall Pastorall gouernment be made familiar vnto the minde of the Reader And because wee haue alreadie declared the manner of the election and confirmation both of a Bishopp into his Episcopall Sea of a Minister into his Pastorall charge what the one is by the lawe alreadie established and what the other by a law desired to be established ought to be wee will not any more speake of their entrāce into eyther of their places vnles only a litle to recreate the Reader we merely note what answere some Bb. haue made when as long chasing after Bishopricks they haue chafed in their minds for feare of loosing their pray as was the answere of that Italian Bishopp The answer of an Italian Bishop loth to loose his Bishopricke who beeing thrise demaunded of the Archb. as the manner is vis Episcopari vis Episcopari vis Episcopari and being willed by one standing by thrise againe to aunswere as the maner is nolo nolo nolo He making no bones at the matter aunswered aloude with an oath Proh Deum dedine ego tot milia Florenorum pro volo Episcopari iam debeo dicere nolo or as was the answere of that English Bishop who having promised a Courtier one annuitie of xx pound during The answer of an English Bishop having obteyned his congedelier his life out of his Bishopricke if he could procure the speedie sealing of his congedelier within a while after whē it was sealed he rapt out an oath sware by Iesus God that the same Gentleman had done more for him then an other great Courtier who before hande for that purpose had receyued frō him one thousand markes But whether all Bishoppes buye their congedeliers dearer or better cheape is not a matter incident to this treatise onlie if they buie deare they may happelie think with them selues that they may sell deere vendere iure potest emerat ille prius setteth not anie price vpon any wares in the Royall exchange But to returne to our purpose whence by occasion of those Bishoplie oathes and answeres wee haue a little digressed let vs see what is the maner The maner of the administration of spiritual iustice in the Church by Prelacie and forme of the administration of spirituall iustice in the gouernment of the Church by Prelacie as the same is ordinarilie administred in all places throughout the Church of Englande Wherein that we be not mistaken it is to be vnderstood that the maner of administratiō of iustice wherof we speak is that administration of iustice onlie whiche respecteth the punishment of crimes eccllesiasticall to be inflicted by spirituall censures In all which cases penances suspension and excommunications in the Bishops consistorie proceed from the iudgement and authoritie of the Bishoppe alone if he bee present or from the sentence and power of his Vicar generall or Cōmissarie alone if he be absent Nay doth not everi such censure likewise in the Archdeacons consistorie proceede from the sole authoritie of the Archdeacon or if he bee absent from the sole authoritie of his officiall But if the like course of the execution of Iustice as this is can not be found to be an ordinarie course of Iustice in the common weale where Iustice is administred in criminall causes by the ministerie of a subiect I would faine learne what preiudice may be feared to redound vnto the cōmon weale if the administration of spirituall Iustice after a sort were established to be after the same manner in the Church after which civill Iustice is alreadie practised in the common weale I said after a sort to this end least I should bee mistaken For the meaning is not that spirituall Iustice should bee ministred exactly in No one subiect in the cōmon weale can alone exercise civill iustice in causes criminall every respect after the maner of civill Iustice but the comparison standeth onlie in this that as not any one temporall subiect alone hath authoritie to heare to examine and to iudge any one criminall cause in any Court of civill iustice in the common weale so likewise that not any one spirituall person alone should haue authoritie to be examiner and iudge of any one criminall cause in any Court of spirituall Iustice in the Church For if certain principall The administration of spiritual Iustice by Pastors Elders agreeable to the execution of civill iustice in the common weale godly persons associated vnto a learned and zealous Pastor in the presence and with the consent and authoritie of the people of every Parish did enioyne penance suspend or excommunicate a spirituall offendor were not this forme of administration of spirituall iustice more consonant agreeable and conformable to the daily executiō of civill Iustice in the Courts of the cōmon weale then is the administration of spirituall Iustice by the Bishopp alone or by his Vicar general alone in his Consistorie and to make this matter more familiar in the mind of the Reader for an instāce or two let vs suppose that Mai. Doctor Bancroft were still Parson of S. Andros Maister D. Bancroft with his assistāts letter able to
and followes and vnto such like Officers fellowes The Cathedral The goverment in Cathedral churches not by one alone churches their livings and their landes their revenues their dividents their chapiters and their conferencies depend vpon the will and disposition of the Deane and Chapiter and not of the Bishop alone Neither can the Bishoppe Ex. de exces Prela c. 〈◊〉 Exc. de 〈◊〉 quaes cons cap c. novit alone by any ancient canon lawe pretended to be in force place or displace excommunicate or absolue any ecclesiasticall person without the iudgment of the Chapiter And aswell by a statute 21. H. 8. c. 13. as also by the booke of consecrating Archbishops c. the presence of divers Ministers and the people is required at the ordination of every Minister As for the deposition or degradation of Ministers vnder the correctiō whether the degradation of a Minist be warantable of the reverend Bb. be it spoken I thinke they haue not so much as any colour of any law for it The forme of the degradation of a Popish and sacrificing Priest by the canon law can bee no pretexte to degrade a Minister of the Monsieur de Plesis 164. in the seconde book of the Masse Gospel because a Minister of the Gospel is not set into his charge per calicem patinam with a cup full of wine dish full of hostes Neither receaveth he any charecter at al of a shaveling Priest And because a Minister of the Gospell is ordeyned onely after that manner which the statute lawe hath appointed howe should the ordination made by so high an authoritie bee vndone by any other power vnto the former maners of the administration of the causes of the Vniversities Colledges and Cathedrall churches may bee added the execution of ecclesiasticall iurisdiction committed heretofore by the Queene vnto the ecclesiasticall Commissioners For althoug by the words of the statute her Highnes had full power and authoritie The ecclesiastical commissiō exercised by manie commissioners and not by one by her letter patents to assigne name and authorize any one person a naturall borne subiect to execute spirituall iurisdiction yet neverthelesse according to the laudable vsages and customes of her kingdome and Courts temporal shee evermore authorised not one alone but diuers sundrie aswell temporall as ecclesiasticall persons for the execution thereof Which manner of commissiō because the reverend Bb. commend the same and avowe that it would doe more good if it were more common it cannot but seeme to bee a most gratefull thing vnto all good men especiallie vnto those reuerend Fathers if humbly wee beseech the Kinge that his Highnes would be pleased to make it more common And therefore in the The ecclesiastical commission commanded by the Bb. if it please the king may be enlarged vnto all Parishes wherein are godlie preaching Ministers behalfe aswell of the reverend Bb. as of all the learned and graue Doctors and Pastors of every church we most instātly intreat our most gracious Souverayne Lord the King that where in any Parish there shal be found a learned preaching Minister resident vpō his benefice that there he would be pleased by his authoritie Royal vnder the broad Seale to enable him and some other godly and faithfull Knights Esquires Gentlemen Citizens Borough-Maisters or other chief men of the same Parish to execute spirituall Iustice against drūkards adulterers swearers raylers and such like ecclesiasticall offendours inhabitants only within the same Parish For in this case we say as the reuerend Bb. say bonum quò communius eò melius If any No exceptiō to be taken against lay Elders to be authorized by the king in every Parish sithence the king authorizeth laie Elders in everie ecclesiasticall cōmission exception should be taken or challenge made scoffinglie and with scornefull termes against these lay parochians as heretofore hath bin vsed against laie elders or lay Aldermen as they call thē let him that taketh such exception advise him selfe wel and remember before he speake that in speaking he controle not the policie the practise the wisdom the authoritie both of our late Queen deceased and of our Souverayne Lord the King now raigning who authorized and doth authorize lay-men to bee ecclesiasticall commissioners Which kind of lay men or lay Elders as they call them that they haue ioyned in the exercise of the chiefest censure of the Church viz. excommunication with ecclesiasticall persons hath bin already proved by the sentence of excommunicatiō pronounced against E. by Maister W. and his associates whereof diuers were laie-men Againe if one laie Elder dwelling at Winchester may call and ssociate vnto him self one ecclesiasticall Elder dwellinge at S. Georges in Southwarke to excōmunicate any Parochian or Minister subiect vnto the iurisdiction of the Archdeacō of Surrey in what Parish soeuer of the same iurisdiction the partie shall dwell if it be lawfull I say Discipline of excommunication exercised by one laie Elder and one ecclesiastiall Elder for euerie ordinarie to ioyne one laie Elder one ecclesiasticall Elder together in cōmission the one to pronounce sentence of contumacie the other to denounce sentence of excōmunication for everie spirituall contumacie committed within his iurisdiction what reason can any man pretend why it should not be much more lawfull for the King by his Royall authoritie to apoint a learned preaching Pastor with the assistance of some cōpanie of faithfull inhabitants of the same Parish to exercise all maner of spiritual iustice within their own parish If the King shall stand in doubt whether any Discipline by excommunicatiō be exercised after this and this maner in the church of Englande then to put his Highnes out of all doubt hereof may it please the King to consider the precept of the reverend Bishoppes made in their convocation togither with the practise of the venerable Archdeacon of Surr. following The precept is this Vnusquisque Articlo pro clero c. de quibusdam circa excom excessib coercend 1584. Vicarius generalis officialis seu Commissarius qui ordines ecclesiastico non susceperit eruditum aliquem presbyterum sibi accerset associabit qui sufficienti authoritate vel ab ipso Episcopo in iurisdictione sua vel ab Archidiacono presbytero existente in iurisdictione sua munitus idque ex praescripto iudicis tunc praesentis excommunicationis sententiam pro contumacia denunciabit Everie Vicar generall Officiall or Commissarie which hath not taken vpon him ecclesiasticall orders shall call and associate vnto him some learned Presbyter who being armed with sufficient authoritie from the Bishopp in his iurisdiction or from the Archdeacon beeing a Presbyter in his iurisdiction shall denounce that by the prescript of the Iudge present the sentence of excommunication for contumacie Now the maner of the D. Hones practise of the Bishopps article practise of this precept ensueth in these wordes Iohannes Hone legum Doctor Officialis
venerabilis viri domini Archidiaconi Surr. omnibus singulis rectoribus c. salutem Cùm nos rite legitime procedentes omnes singulos quorum nomina c. in noÌ„ comparendo coram nobis c. seu saltem in non satisfaciendo mandatis nostris c. pronunciaverimus contumaces ipsosque c. excommunicandos fore decreverimus Cumque discretus vir magister Roul Allen presbyter eosdeÌ„ omnes singulos subscriptos ex officio nostro excommunicaverit in scriptis iusticia id exigente vobis igitur committimus c. quatenus eos omnes c. sicut prefertur ex officio nostro mero excoÌ„municatos fuisse esse c. palam denuncietis c. Datum sub sigillo officialitatis nostrae 19. die Decembris Anno Domini 1587. John Hone Doctor of the Lawes Officiall of the venerable man the Archdeacon of Surr. to all and singular persons c. greeting Whereas we otherwise rightlie and lawfully proceeding all and singular whose naâ—â—s are vnderwritten in not appearing before vs or at least-wise in not satisfying our mandates haue pronounced contumacious and decreed them to be excoÌ„municated And whereas also the discrete man M. Rouland Allen presbyter out of our office hath excoÌ„municated all and singuler vnder written iustice so requiringe wherefore wee charge you that openlie you denounce and declare them everie of them so as aforesayd out of our office to be excoÌ„municated Giuen vnder the seale of our officialitie The 19. day of December 1587. By this practise it doth appeare that Doctor Hone and Rouland Allen canvased manie poore men verie piteouslie And that this poore curate Rouland Allen had a warme seruice to attend vpon Doctor Hone and to ierk those whose points soeuer hee should vntie But because this precept was an article concluded vpon by the reuerend Bishopps in their convocation and confirmed as I suppose by the Royall authoritie of our late Queene wee will forbeare to speake what we thinke might iustlie be spoken against the incoÌ„gruitie therof Onely this without offence to the reuerend Bishoppes wee may safely demaund sithence everie ordinarie whether he be a Bishopp or a presbyter by this article of their owne devise hath such an absolute power resiant in his person as that thereby thoroughout his whole iurisdiction he may thus coÌ„mit the execution of discipline by excommunication partlie to one laie person and partlie to one ecclesiastical person partly to a supposed spiritual Elder and partlie to a lay Elder sithence I say this is so we may safelie demande what reason they can produce to hinder the King from having authoritie to coÌ„mande three or foâ—re or if occasion The Kinge hathas good right to coÌ„mand excoÌ„munication to bee exercised by a Pastor and Elders as the Bb. haue to commit the same to a Curate and one lay Elder serue fiue or six lay Elders as they call them and one spirituall Pastor being a true spirituall Elder in deede all lawfullie chosen ecclesiasticall Officers in the house of God that they ioyntly should not execute the discipline of Christ viz. excommunication and other censures of the church in every Parish within his Kingdome If it bee aunswered that in this case the Presbyter alone doth excoÌ„municate is it not as if one should say that the executioner doth giue iudgmeÌ„t when at the coÌ„mandment of the Iudge he smiteth of the head or casteth downe the ladder or may not as much be said for the excommunication whereof wee speake that the Pastor onlie should excommunicate when by vertue of his office with the consent and not by the prescript of the Elders associated vnto him he should declare and pronounce the partie to be excommunicated But let it bee graunted that Rouland Allen denounceth the lesson which is writteÌ„ in the paper for him to read yet is it cleare by the precept that the same must bee done by the prescript of Doctor Hone. Besides Doctor Hone he citeth he precognizateth the parties and they being absent he pronounceth them contumaciter absentes and in paenam contumaciarum suarum huiusmodi decreeth them to be excoÌ„municate and are not al these necessarie partes incident to the execution of discipline by excommunication And how then can the Minister be saide to excommunicate alone when Doctor Hone of necessitie must play three parts of the foure without all or without any one of which parts the excommunication by reason of a nullitie is merelie voide Againe the acte being done as it were vno puncto at vno halitu and Rouland Allen and Doctor Hone having their commission from the Archdeacon in solidum how can their iudgement be devided Furthermore to say that Rouland Allen doth excommunicate by the authoritie of Doct. Hone were to overthrowe the intendement of the article Because by the scope of the article it is plaine that the Presbyter to be associated to the officiall must onlie derive his authoritie from one who hath taken ecclesiasticall orders But those orders Doctour Hone never tooke otherwise Rouland Allens presence had bene vnnecessarie and superfluous And therefore if the excommunication be of any validitie theÌ„ is discipline by excommunication in the Church of England exercised partlie by one laie Elder as they call him and partly by one Ecclesiasticall Elder wherein againe it is worthy the observation for the matter we haue in hand that Doctor Hone a mere laie temporall man hath authoritie from the Archdeacon to call and associate vnto him to prescribe Roul Allen a Presbiter an other mans hireling Curate in Southwark to excoÌ„municate not only the Parochians of an other Pastors charge but also any other Pastor whatsoever subiect to the Archdeacons iurisdiction And hath not the Kings Highnesse then as good right as great a priviledge and as high a prerogative to command Maister Doctor Andros or Maister Doctor King and lay Elders by a lawfull election to be associated vnto either of them to excommunicate either of their owne Parishioners for publike drunkennes or other notorious sinnes committed in their owne Parish For if it bee lawfull at the voice of a lay stranger that an hireling and stipendary Curate should chase an other mans sheepe out of his owne folde how much more is it lawful that a true sheepherde should disciplinate his own sheepe feeding and couchant within his owne pasture and within his owne fold Furthermore touching the admittance of governing Elders or lay Elders as they call them vnto the Minister of everie congregation according to the former patterne of one lay Elder that the same is not a matter so strange for lay men to bee ioyned in this charge of ecclesiasticall government as the opposites Lay men appointed by the Queenes iniuuctions to execute some part of discipline beare vs in hande to be it shall not be amisse to cal vnto their remeÌ„brances one of our late Soveraigne the Queenes iniuctions wherby certeyne lay persons called overseers were commanded to be chosen by
by the scriptures it can not bee prooved that there be two seuerall distinct formes of ordinations the one called consecration proper to a Lord Bishoppe for the exercise of Discipline the other called ordination peculiar to a Pastor or teaching Elder for the ministration of the word and Sacraments Wherevnto lastlie If the Lord Bishop haue power to minister discipline by diuine right thē no more can he commit that his power to another thē he can commit the power which hee hath of preaching to another may be added another maine reason that Episcopall power in Englande to minister the discipline can not therfore be of divine institution because if it were of divine institution the Bishoppe could no more surrogate the same his episcopall power to his Suffragane to his Vicar generall or Rouland Allen to minister the censures of Christ in his owne name then he can depute them or any of them to minister the doctrine Sacramentes in his own name But how doth it appeare that the Vicar generall Rowland Allen or any other Presbyter did ever excommunicate by the power or in the name of the Bishoppe For the profe hereof we shall not need to search any other authenticall record then the precept and the practise before intreated of For it is not saide in the precept That the Presbyter being armed with authoritie from Christ but it is sayde that the Presbyter being armed with authoritie from the Bishoppe or Archdeacon shall denounce the sentence of excommunication the practise also of Doctor Hone every way confirmeth as much For therein Doctor Hone doeth not chalēge to be an officer vnto Christ but he sayeth that he is the officiall of the venerable Archdeacō of Surrey and that Maister Rowland Allen Presbyter by vertu of his office doth excommunicate the parties who obeyed not his mandates who made not their appearances before him c. If it be answered that Rowland Allen though he be not an immediate officer from Christ that yet nevertheles he is a mediate officer deputed to his office by an immediate officer vnto Christ vix the Lord Bishoppe or Archdeacon then we replie and say First that the Lord Bishoppe Archdeacon bee neither immediate or mediate officers appointed by Christ to be Ministers of his discipline Secondlie if they were immediate officers from Christ that yet they haue no authoritie by the law of Christ to transferre their right or any part thereof to an other person or to depute an other person in their name or by their authoritie to excommunicate As for these words viz In Dei nomine amen nos Iohānes Hone or nos Roulandus Allen c. sometimes vsed in their scedule of excommunication it is but a prophaning of the holie name of God whereby they make them selues guiltie of the taking of the glorious name of God in vaine And thus much touching both the question and answer whether the discipline of Christ may be ministred by the Bishoppes humane episcopall power yea or no. But now on the other side because no divine censure can lawfullie be executed in the church by that authoritie which is of humane institution if it be aunswered that the Bishop by reason of his pastorall Whether the L. Bishopp by pastorall authoritie may excommunicate a Pastor power which hee is saide to haue over all the Pastours and people of his Diocesse may lawfullie not onlie minister the worde and Sacraments but also the Discipline of Christ vnto them all then it followeth that by a Pastourall power one Pastour may be a Pastour of Pastors which is against the Scriptures and contrarie to the brotherly fellow-like authoritie which is common to all Pastours vnder the sunne and betwene whom touching their Pastourall functions there is to this day by the Scriptures as litle superioritie and as great a paritie as ever there was betwene Apostles and Apostles betwene Prophets and Prophets or betwene Evangelistes and Evāgelistes and as at this day there is betwene Bishops Bishops betwene Archbishops and Archbishops or betwene Patriarckes and Patriarckes yea and as is betweene Earles and Earles Dukes and Dukes Kinges and Kinges Emperours Emperours For no greater superioritie or preheminence hath any one Pastor over the person or function of an other Pastour touching the administratiō of any thing properly belōging Pastoures ouer small flockes are as truely pastors as Pastors ouer great flocks to either of their pastoral functions thē hath one Emperor over the person or function of an other Emperor or one King over the person or functiō of an other King or one Lord Bishop over the person or function of an other Lord Bishop or one Archbishop over the person or functiō of an other Archbishop or then had one Apostle over the person As great paritie betwene Pastors Pastors as between Apostles Apostles or function of an other Apostle Nay then hath one eye over an other eye one hand over an other hand one arme over another arme or one foot over another foote And therefore if touching the functions which Pastors either among them selues haue in common one with the other or which they haue over their flockes there be no disparitie but that the Pastors to whom small flockes are committed doe as reallie and as truelie participate of the nature of true Pastors as those great Pastours doe vpon whose great shoulders great burdens are imposed it behoveth great Pastors to prove vnto vs by the holie Scriptures that by the institution of their great pastorall functions they haue their power so enlarged as that thereby they may preach the Word minister the Sacraments and excommunicate and that on the other side the litle Pastours haue their power by the institution of their petie pastorall offices so streightned as whereby they may onlie preach the Word and administer the Sacramentes but not excommunicate it behooveth I say great Pastors to be able sufficiently to shew vnto vs these thinges out of the holy Scriptures or els it seemeth to stande with reason and equitie deduced from the same Scriptures that a Pastor over a few should haue like power to teach and to governe a few as a great Pastor over manie hath to instruct and to rule many Marie if they think that only great Pastors be true Pastors that great powers spirituall be only true powers spirituall then let them also conclude that onely great Knights be true Knights that only great Dukes bee true Dukes that onely great Kings be true Kings and that only great principalities temporall bee true principalities temporall Which conclusion Not onelie Kinges of great kingdomes but also Kinges of small kingdomes bee true kings if they shall iudge to be conclusionles because King Rehoboam had as large a patent to feede and to command two Tribes as King Solomon his Father had to command and to feede twelue or as the Archbishop of Yorke may suppose him self to haue over nine or tenne Counties as the
Archbishop of Canterburie cā haue over nine thirtie or fortie thē me thinketh it a matter very reasonablie of them to bee confessed that all true Pastors whether they bee great Pastors or litle Pastors may lawfullie exercise all maner of such true power spirituall as vnto true spirituall Pastors by the holie scriptures doeth apperteyne For if Bishops being great Pastours may therefore preach minister the Sacraments because they be as they say true Pastors thē also may litle Pastors therfore excommunicate because they bee as the scripture saith true Bishoppes Wherefore if the L. Bishopp of London by vertue of his Pastorall office as hee thinketh which with his brethren the other Pastors of his Diocesse he hath in commō deriveth vnto him immediatlie from the word of God may lawfullie excōmunicate then the pastorall office which Maister Doctor Androes hath ouer the people of his Parish of St. Gyles without Creeplegate and the pastorall function which Maister Doctor Whyte hath ouer the people of St. Dunstones within Temple-barre beeing as absolutelie as immediatlie deduced vnto them out of the same word what profe can be made out of the worde that the Bishoppe being not Lord Pastour of the Pastours of his Diocesse may lawfullie by the worde excommunicate all maner of offendors both Pastors and people within his Diocesse and yet neuertheles that neither Maister Doctor Androes nor Maister Doctor Whyte by the same worde may excommunicate any one of their Parishioners at all Nay further what reason can there be afforded from the law of God that Maister D. Abbot Deane of Winchester that Ma. Browne Maister Barlowe and diuers other prebendaries in the church of Winchester hauing certeyne parochiall and pastorall churches annexed to his and their Deanrie and Prebendes and Maister D. Grey in his parish by their pastorall functions should haue absolute authoritie vnlesse it bee during the time of the L. Bishoppes trienniall visitation to exercise the discipline of Christ within their seuerall and peculier churches and yet notwithstanding that neyther Maister Richman nor Mai. Burden being both of them graue godlie learned Pastors should haue at any time anie pastorall authoritie to exercise any censure at all And as it is in the church of Winchester so is it in the church of Paules in the church of Salisburie in well nigh all if not in all the Cathedrall Collegiall Churches thoroughout the Realme The Deane Prebendaries and Canons hauing certayne parochiall Churches exempted from the Bishopp within their exempt and peculier iurisdictions by mere Pastorall authoritie for episcopal authoritie by the lawes of the Church haue they none may exercise all maner of spirituall censures and that aswell by their substitutes as by them selues Nay which is more in Cheshire Lancashire Rurall Deanes in Cheshire c. vse some part of episcopall power Yorkeshire Richmondshire and other Northeren parts there be manie whole Deanries exempted from the Bishopps iurisdiction wherein the Deanes and their substitutes haue not onlie the probate of Wills and graunting of administrations but also the cognisance of ecclesiasticall crimes with power to vse the ecclesiasticall censures Yea and this authoritie of the executiō of ecclesiasticall censures haue those Deanes either long since by some papall priviledges Episcopall power to excōmunicate graunted by papall priuiledges or prescribed vse obteyned or els by long vse prescribed against the Bishopps Whereby againe it is clerelie convinced that Episcopall excommunication vsed in the Church of England is not of divine institution but onlie by humane tradition For were it of diuine right then could the same Power to excommunicate if it be of diuine right may not be prescribed no more bee prescribed or by papall immunitie be possessed thē could these Deanes prescribe power or bee enfranchised to preach the word or to administer the Sacramentes These things haue we thus at large more fullie intreated of to the end that the Kings Highnes and his Parleament and all sortes of people might well vnderstand howe it is not altogether an vnvsual and vnaccustomed thing in the Church of England that private inferiour ministers as they call them in their owne right and in their owne parochiall parishes without any authoritie from the Bishoppe should exercise even the highest censure of the Church And that in sundry places of the Realm there is no preeminence in the matter of the execution of the censures attributed to a Bb. aboue a Minister Nay whiche is more then is attributed to a Bb. aboue a No more preheminēce given to a Bb then to a Minister or to a lay man in some places for the vse of excōmunication lay man yea then to such a lay man who is authorized onlie by a lay man to his office Which is evident by the ecclesiasticall iurisdiction and censures exercised a long time by lay men in the peculiar iurisdictions of Newton Gronbie Anstic Soke of Rothelie Evington and other parishes hamlettes in the Countie of Leycester The officers of al which places for their spirituall authoritie having not had any other warrant then such only as hath bin signed sometimes vnder the hande and seale of the right Honorable the Earle of Huntingdon deceased sometimes of the Honorable Sir Henrie Grey knight sometimes of Henrie Skipwith Esquire and sometimes of others For the avoyding therefore of sundrie intollerable inconveniences whiche hitherto hath ensued for want of that authoritie which the Law setled doth enable every Minister with It is most expedient that all humane authoritie in the execution of spirituall censures bee vtterlie taken away and that the divine and Evangelicall censures of Christ bee ministred in every Congregation where learned and godly pastors with discrete Elders may bee had as from the minde of the Lord they were executed in the Apostolicall and primitiue church I had almost forgotten to speake of one common and vsuall kinde of iurisdiction spirituall in the vse of the censures of the church by the Archb. which in cases of their prerogatiue they haue prescribed against the Bb. over the presbyters and people of euery Bishoppes Diocesse and Archdeacons iurisdiction within their provinces of one other cōmon and vsuall kinde of pretensed spirituall iurisdiction and vse of the censures which the Archb. and sometimes the Deane and Chapiter sede Archiepiscopali or sede Episcopali vacante exercise and lastly of that spirituall kinde of iurisdiction censures so called of the Church whiche Suffraganes and Archdeacons haue and do vse As touching which supposed spirituall power both of the Archbishopps Archdeacons because the same their power doth only belong vnto thē iure consuetudinario non scripto by vnwritten and not by written lawe I must conclude against the iurisdiction of the Archbishopps prerogatiue and against the Archdeacons iurisdictiō in all cases as out of St. Cyprian King Henry the eight concluded against the Pope viz That their authorities can not be from Christ Because Christ saide