untill hey shall plainly demonstrate unto us that the same is not Oligarchy For if hereafter they shall revoke their former disgracefull judgements against the discipline by Pastours and Elders containing in it the very nature of true Aristocracie and wiâ—hall instruct â—s better of the true nature of their owne government of the Church by Prelacie they shall find us filyable to their opinion so that it be grounded upon the principles and reasons of truth In the meane season after the fashion of the Admonitors manner of admonishing the people wee most humbly beseech the King and Parliament to be enformed that it is greatly to bee feared if Prelacy bee Oligarchie that the Prelates It is to bee feared least by the example of Prelates Oligarchie be brought in the common-weale will endeavour to transferre that manner of government from the Church unto the Common-Weale And that the Common-Weale shall as miserably be rent and torne with factions and uproares as now the Church is disquieted by schismes and divisions For if onely a few of the richest and welthiest sort shall get an head and beare all the sway in the Common-Weale they shall think by the Principles and reasons of Oligarchie that they have injuâ—y if they have not as much to doe in civill mattes as the Prelates have to doe in the matters of the Church And what hereof may follow as the Admonitor leaveth so doe I also leave it to the judgment of other Only if the way hereof already hath beene troden A caveat against Oligarchie out unto them by some who have not written nor spoken but yet practised the principles and reasons of Oligarchie in the Common-Weale onely then this I say and adde as a Caveat that the danger to come is more heedfully to be prevented For like as in good harmony to make the Musicke perfect is required a moderate and proportionate inequality of voices which if it too much exceed taketh away all the sweet melody so by too much immoderate inequality or disparitie of Citizens the Common-Weale falleth to ruine But why may not the Government of the Church by Prelacie The government of the Church by Prelacy is not Monarchicall be a Princely and a Royall Government Indeed this question if it should bee resolved by the Rules and Principles of the Canon Law I could hardly disprove that government to be Princelike for as hath been said before quilibet Ordinarius in Diocoesi est major quolibet Principe Yea and every Bishop by the same Law hath as absolute a spirituall power within his Diocesse as a King hath a temporall power within his Kingdome But because that Law with the rules and principles thereof is or ought to be discarded out of this Kingdome we will not wade in it Only wee say that the government of the Church by Prelacy cannot bee any kinde of Royall and Monarchiall government because Prelates have not like power spirituall as Kings and Monarchs have power temporall For there was never yet lex regia de Praelatorum spiâ—ituali imperio lata qua Praelatis in eos omne imperium suum potestatem aut Deus aut Institut de jure natur gent ci § Sed quod populus Dei contulerit And therefore where the people have made the fore said regall Law as there it is justly said quodcunque Imperator per Epistolam constituit vel cognoscens decrevit vel edicto praecepit legem esse constat and quod Principi placuit legis habet vigorem So likewise where there is no such regall Law made in the Church there it is justly affirmed quod Praelato placuit legis non habet vigorem quodcunque Praelatus per Epistolam constituit cognoscens decrevit vel canone praecepit legem non esse constat And then how can every Prelate or why doth every Prelate by his sole authoritie injoyne Canons Articles Injunctions and orders to bee observed as Lawes in all the Churches of his jurisdiction If the Admonitor supposed the government of the Church by Prelacy to bee Monarchiall because the Queene was a Monarch and that If the government of the Church by Prelacy be Monarchicall theÌ„ may the government by pastors beâ— so to the Reverend Bishop governed under a Monarch then what did he else but put a weapon into the hands of Pastors and Elders to prove their government also to be Princely and Monarchiall Because Pastors and Elders desire not to have that manner of government to bee brought into the Church otherwise than by the Royall assent Soveraigne authoritie and expresse commandement of Our most Gratious King and Monarch Besides if any government may bee therefore said to be a Monarchy because the same is derived from an earthly Monarch how much more than may the government of the Churches by Pastors and Elders bee adjudged Monarchicall by reason the same is deduced from our heavenly and everlasting Monarch For the Reverend Bishops by their publike M. Horne bishop of Winch. M. â—ewell bishop of Sali M. Bilson bishop of Winch. preachings and apologeticall writings testifie that power and authoritie to ordaine and depose Ministers to excommunicate and to absolve to devise and to establish rites and Ceremonies in the Church to define what is truth to pronounce what is falsehood to determine what is schisme and to condemn what is heresie our Reverend Bishops I say confesse this power to be originally decided unto the true Bishops and Pastors of the Church from the Kingly and Soveraigne power of our Saviour Christ By what name therefore soever the government 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 Monarchy because the same is instituted by No cause for a Monarch to feare that his Christian subjects should have the sense of Aristocracy in Church government the Monarch of Monarches who is able and ready to uphold the state of all Monarchies in Common-Weales together with the state of Aristocracie in his Church Neither is there any cause for any Monarch in the world to feare the making of Christian common people by familiar expâ—rience to have the sense and feeling of the principles and reasons of Aristocracy For if a people have once submitted their neckes to the yoke of Christ they can live a peaceable â—nd godly life under all kindes of powers because they know all kind of powers to be the ordinance of God But especially there is not neither ever was neither ever 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 easily transferre the principles and reasons Aristocracie to the government of the Common-Weale and thereupon be induced to thinke that they have injury if they have not as much to doe in civill matters as they have in matters of the Church seeing they also touch their commoditie and benefit
not be removed Wherefore if our continued Prelaticall discipline whereby the liberty of the Church is taken away by publike authority of the King and States might be discontinued and libertie granted to the Church to use the Apostolicall discipline either our Admonitorie Protestants must yeeld stoop and obey or els be found to be a way ward a contentious and a â—romple generation And if these two former kinds of our people which the land being divided into five parts make three at the least shall every way bee supporters of unitie and conformitie to the Gospell and no way disturbers of the peace liberty and tranquillitie of the Church what overthrow or what dammage may the Gospell sustaine by the other parts Yea though they should unite linke and confederate themselves in one For are they not weaker in power poorer in purse and of farre lesse reputation than the former And yet neverthelesse these parts are at such deadly feud one against the other and at such an irreconcileable enmitie betweene themselves that the case standeth now betweene them as sometimes it stood with Caesar and Pompey not whether of them should raigne but whether of them should live And how then can these parts thus divided possibly agree together against the other parts so surely combined Besides the first sort of these two sorts whom it pleaseth our Protestants Puritane protestants can never overthrow the Gospell the Admonishers for difference sake to dubb with the Knights Hood of Precisians or precise and puritane Protestants Why They are the onely and principall spokes-men and petitioners for the Apostolicall Discipline required to bee planted Nay these men out of the holy Scriptures so resolutely are perswaded of the truth of God conteyned therein as without which they know perfectly that the doctrine of the Gospell can never powerfully florish or be entertained with so high a Majestie in the hearts of men as it ought to be The Gospel hath overthrown the papist therfore hee can never overthrow the Gospel And as for the other sort the Papists I meane alas that poore ratt what overthrow can he worke to the Gospell whose bane the Gospell hath wrought so long since Alas this faint ghost is so farre spent his disease growne so desperate and his sicknesse now at such an hay-now-hay as all the phisicke of all the Phisitions in the world can not recover his health or once take away his head-ach This silly snake then having hissed out all his sting spit out all his venome and ungorged himselfe of all his poyson how can his skin or how should his taile anoy the Gospell If therefore it might please the Admonishers upon a revew 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 ranck by ranck and troop by troop and delivering unto the King a muster roule of all the names qualities and conditions of the principall popish recusants within the Realme for none but such only can be suspected openly to band themselves against the Gospell it is not to be doubted but the least part of all the other foure parts would be as great in number as these And what then should the King and State feare the multitudes of Recusants when one standing on the Kings side should be able to withstand ten and ten an hundred and hundred a thousand and a thousand ten thousand papists King Asa 2 Chron. 14. crying unto the Lord his God that it was nothing with him to help with many or with no power and resting upon the Lord overcame ten hundred thousand and three hundred chariots of the Ethiopians and Labimes For the eyes of the Lord behold all the earth to shew himselfe strong with them that are of a perfect heart toward him And when King Joash remembred not the kindenesse which 2 Chron. â—4 Iehoiada the Priest had done unto him but slew Zechariah his sonne the Lord delivered the King and a very great Armie into the hands of a small company of the host of the King of Aram who gave sentence against the King slew all the Princes of Iudah from among the people and caried the spoyle of them unto Damascus And thus much concerning the Admonitors proposition viz. Whatsoever will draw with it many and great alterations of the state of Government and of the lawes the same may bring rather the overthrow of the Gospell than the end that is desired All which speech of his I affirme to bee but a vaine and trifling riddle as the whole strength whereof resteth only upon a may bee Whereunto if I should onely have spoken thus and no more viz. that many and great alterations c. might rather not bring an overthow of the Gospell c. I suppose and that upon good ground that such may might not bee might every way be as forcible to disprove the one as his may bee can any way be pregnant to prove the other And touching his assumption viz. but the planting of the government practised by the Apostles and Primitive Church will draw with it many and great alterations of the state of government and of the Lawes If in this place hee understood the state of Church governement and of the Lawes Ecclesiasticall now in use then is the proposition true And yet notwithstanding wee avow the Gospell to bee so farre from incurring any overthrow by such an alteration as thereby it is certaine that the same shall more and more flourish and bee perpetually established by reason that this alteration should be made from that which by long experience is known to be corrupt unto that which is knowne by the holy Scriptures to be pure and sincere From a government I say and Lawes authorized by tradition and commandements of man alone to a policie and lawes founded and descended by and from God himselfe But if the Admonitor by the assumption meant to informe us that the planting of the Apostolicall government will draw with it many and great alterations of the temporall state of government and of the temporall lawes statutes or customes of the Kingdome then as before The planting of the Apostolicall government will draw no alteration of the Laws of the realme with it to his first so now also to his second I answer negatively and affirme that the planting of the said Apostolicall government will not draw with it any the least alteration of any part of that temporall state of government nor almost of any one common statute or customary law of the Land which may not rather be altered than retained For this platforme of government we are able by the helpe of God to defend the same generally and for the most part to bee most agreeable and correspondent to the nature qualitie disposition and estate of our Countrey People Common weale and Lawes as in our particular answers to his particular reasons shall more at large appeare In all new and
regall Crown nay because the contradictorie hereof is affirmed and this denyed and because we learn by law as he saith that matters in fact are not intended to be done till they be proved so we must still put the upholders and executioners of this law to their proofe and in the meane while tell them that the forraigne and Papall Law is but a pretended necessary and disused law that it is not inspired with the life of Law and that it is fathered by them to be such a Law as is an headlesse a fetherlesse and a nocklesse arrow which is not fit to be drawne or shot against any subject of the King And from this voidance abolition and nullitie of forraigne and papall Canon Law because sublato principali tolluntur accessoria it followeth that all offices and functions of papall Archbishops papall Bishops papall Suffraganes papall Archdeacons papall Deanes and Chapters papall Priests papall Deacons papall Subdeacons papall Chancellors papall Vicars generall papall Commissaries and papall Officials meerely depending upon the authoritie and drawne from the rules and grounds of that Law are likewise adnihilated and of no value Howbeit for so much as by the opinion of some learned Civilians By the opinion of the Civilians the papall Canon law seemeth to be in force there seemeth unto them a necessary continuance of the same forraigne and papall Law by reason that Archbishops and Bishops doe now lawfully as they say use ordinarie Archiepiscopall and Episcopall jurisdiction which they could not as they thinke doe if the same common law were utterly abolished and for so much also as some learned in the Canon lawes do maintaine that since the statute Apology of certain proceedings in Courts Ecclesiastical of 1 Eliz. c. 1. the Archbishop and Bishop cannot lawfully claim any ordinarie spirituall jurisdiction at all but that the spirituall jurisdiction to be exercised by them ought to bee delegated unto them from the King by a Commission under the great Seale Forasmuch I say as there are these differences of opinions it seemeth expedient to be considered by what law and by what authoritie Archbishops and Bishops exercise Archiepiscopall and Episcopall power in the Church And to the end this question may fully bee knowne and no scruple nor ambiguitie be left what power spirituall may be intended Power properly and improperly called spirituall Queens Injunct and execut of justice to be exercised by them We distinguish spirituall power into a power properly called spirituall and into a power improperly or abusively called spirituall Ther power properly called spirituall is that spirituall power which consisteth and is conversant in preaching the Word administring the Sacraments ordaining and deposing Ministers excommunicating or absolving and if there bee any other spirituall power of the like property and nature Now that this power properly called Power properly called spirituall was never in the Queenes person spirituall could have beene drawne from the person of our late Soveraigne Lady the Queene unto Archbishops and Bishops we deny For the Queenes Royall person being never capable of any part of this spirituall power how could the same bee derived from her person unto them Nemo potest plus juris in alium transferre quam ipse habet Archiepiscopall and Episcopall power therefore exercised in and about these mysteries of our holy Religion ordinarily and necessarily must belong unto the Archbishop and Bishop by the canon of the holy Scriptures otherwise they have no power properly called Power improperly called spirituall is indeed but a temporall power spirituall touching these things at all The power which improperly is called spirituall is such a power as respecteth not the exercise of any pastorall or ministeriall Church to the internall begetting of faith or reforming of manners in the soule of man but is such a power as wherby publike peace equitie and justice is preserved and maintained in externall things peculiarly appropried and appertaining unto the persons or affaires of the Church which power indeed is properly a temporall or civill power and is to bee exercised onely by the authoritie of Temporall and Civill Magistrates Now then to returne to the state of the point in Question touching this later power improperly called spirituall by what law or by what authoritie the Archbishops and Bishops doe exercise this kinde of power in the Church I answer that they cannot have the same from any forraigne Canon Law because the same Law with all the powers and dependences thereof is adnulled And therefore that this their power must and ought to be derived unto them from Bb. where From whence then is their power derived Hereunto we answer that before the making of that act spirituall jurisdiction did appertaine unto Bishops and that Bishops were ordinaries aswell by custome of the Realme canons constitutions and ordinances provincial and synodall as by forraigne canon law And that therefore these canons constitutions and ordinances provinciall or synodall according to Bishops remaine ordinaries by custome provinciall Canons statute law though papall Canon law be abolished 25. h. 8. c 20. 25. h 8. c â—6 the true intent of that act could not still have been used and executed as they were before if the Bishops had not still remained ordinaries Moreover it is cleare by two statutes that the Archbishops and Bishops ought to be obeyed in all manner of things according to the name title degree and dignitie that they shall be chosen or presented unto and that they may doe and execute minister use and exercise all and every thing and things touching or pertaining to the office or order of an Archbishop or Bishop with all ensignes tokens and ceremonies thereunto lawfully belonging as any Archbishop or Bishop might at any time heretofore do without offending of the prerogative royall of the Crown and the laws and customes of this Realm Let it be then that by custome canons provinciall and statute law Bishops be and do remaine ordinaries yet aswell upon those words of the statute 25. H 8. without offending of the prerogative Royall as upon the statute of 1. Eliz. cap. 1 there remaineth a scruple and ambiguitie whether it be not hurtfull or derogatorie unto the Kings Prerogative Royall that Ordinaries should use and exercise their ordinarie power improperly called spirituall without a commission under the great Seale or that such their power should be as immoderate and excessive now as in times past it was by the Papall Canon law Concerning the first by the Statute of 1 Eliz. c. 1. and by the Statute of 8 Eliz. c. 1. the Queene was recognized to be in effect the Ordinarie of Ordinaries The Queen was supreme ordinary of ordination that is the chief supreme and soveraign Ordinary over all persons in all causes aswell Ecclesiasticall as Temporall Where it seemeth to follow that all the branches and streams aswell of that power which improperly is called spiritual as of that power which properly is called
temporall should have beene derived originally unto the Bishop from her Highnesse person as from the only head and fountain of all the same spirituall power within her Kingdomes in such manner and form and by such commission under the great Seal as her H. temporall Officers Justicers and Judges had their authorities committed unto them And to this opinion Master D. Bilson seemeth to accord For all power Pag. 348. saith he is not only committed to the sword which God hath authorised but is wholly closed in the sword Against the head that it shall not be head to rule and guide the feet can be no prescription by reason Gods Ordinance for the head to governe the body is a perpetuall and eternall law and the usurpation of the members against it is no prescription but a confusion and the subversion of that order which the Pag. 114. 130. God of heaven hath immutably decreed and setled Besides there resteth saith the Remonstrance unto the Bishops of this Realme none other but subordinate and delegate authoritie and that the matter and heads wherein this jurisdiction is occupied are by and from the Christian Magistrates authoritie In whom as supreme Governour all jurisdiction within her Dominions aswell Ecclesiasticall as Civill by Gods and mans law is invested and their authoritie Ecclesiasticall is but subordinate under God and the Prince derived for the most part from the Prince From which two Statutes and judgements of the gorernours of the Church contained in these two bookes for these two 1 Eliz. c. 1 8 Eliz. c. 1. books were seen and allowed by the Governours of the Church I leave it to be considered if the Bishop did exercise the same improper and abusive spirituall power and jurisdiction Ecclesiasticall only and alonely in their owne names stiles and dignities and under their own seales of office and that also by authoritie of forraign and Papall laws if I say the Bishop did these things after this and this manner I leave it then to be considered whether their exercise of such power were derogatory and prejudiciall in a very high degree to the prerogatives of the Royall Crown or not For my part because I finde by the forraign Canon Law that Papall Bishops bee the Popes sonnes and are priviledged to carry the print and image of the Pope their father namely that they have plenitudinem potestatis within their Diocesses as the Pope pretendeth Ex. de Major obe to have power over the whole world For quilibet ordinarius saith the same law in sua Dioecesi est major quolibet principe and because also notwithstanding whatsoever the B b. have written that M. Bilson pag. 330. they were the Queenes B b and had their authoritie derived unto them from the Queene they did in her life time put the same Papall Law in execution and by the same law did take upon them plenitudinem potestatis within their Diocesses I for my part I say can not as yet otherwise conceive but that exceedingly â—hey did intrude themselves into the Royall preeminences priviledges and prerogatives of the Queene For by what other authoritie than by a certaine The Bb. by a plenary power devised and promulged new Canons without the Queenes assent plenarie power did they in their owne names for the government of their severall Churches within their severall Diocesses from time to time make promulge and by vertue of mens corporall oathes put in execution what new Canons Injunctions and Articles soever seemed good unto them without any licence or confirmation from the Queene first had and obtained thereunto By which pretensed plenarie power it seemeth that the statute made to bring the Clergie in submission to the King was covertly deluded and our late Soveraigne Lady the Queene cunningly bereaved of that regall authoritie over every particular Diocesan or Ordinarie which notwithstanding by the Parliament was given unto her Highnesse over the whole body and state of the Clergie For if once there bee no necessitie of the Kings licence assent or confirmation to such Articles Canons or Injunctions as every Ordinarie shall make within his jurisdiction then must it be intended that the Statute of submission hath covertly permitted severall members severally to doe and to execute those things which apparently and in expresse terms the whole convocation was commanded and with the same in verbo sacerdotii had promised not to doe then the which what can seeme more unreasonable and absurd For then might all the Ordinaries joyne hand in hand and agree all together in one never in any of their convocations assembled by the Kings Writ to devise make or promulge any Canons Ecclesiasticall at all And what assent licence or confirmation from the King could then be needfull Or how then was the Clergie brought in submission to the King For then should it not be with them as it is in the proverbe A threefold cord is not easily broken but then should it be with them contrary to the proverbe for they being all fast knit and bound together unto the Kings authoritie by a cord of twenty foure threads might easily be broken but being severed and pluckt assunder into twenty foure parts one from the other the 24 Bishops can make no law with out leave And yeâ— every B. doth make many lawes King with all his regall power might not be able so much as to break one of the least threads wherewithall one of their cords was twisted If the Lord Major the Sheriffs Aldermen and whole communaltie of the Citie of London should promise unto the King upon their fidelities not to set any price upon Wines or other victuals by their common Councell within the said Citie unlesse the King under his privie signet should first authorize them so to doe were it not a meere collusion of the Kings meaning if every particular Alderman should set prices of such things in every particular ward But against the collection made from the Statutes 1 8 Eliz. and the judgement of the divines aforesaid A collection made against the former reason by an Apologie for sundry proceed by jurisdi â—â— pag. 5. the author of an Apologie to his understanding reckoneth the same collection to be a very simple collection and against the same he answereth and reasoneth in effect thus If as is collected all power spirituall by a commission under the great Seale must bee derived from the Queene to warrant the execution of it unto him that is to exercise it then must the like warrant bee procured for every temporall office to execute his temporall office But every temporall officer must not procure like warrant to execute his temporall office Therefore a Commission under the great Seale must not be procured to warrant the execution of the said spirituall power The consequence of his major proposition being false he laboureth notwithstanding to make the same good and in effect for the same argueth thus All temporall authoritie as
have it further enacted That all manner of fees heretofore lawfull or hereafter by the King and Parliament to be made lawfull for or concerning the probat of Wills administration of the goods of the intestat letters of tuition receiving or making of accompts inductions to Archbishoprickes Bishoprickes Deanries Parochiall-Churches or other spirituall promotions and all other fees whatsoever heretofore lawfull or hereafter to be made lawfull for any travaile or paine to bee taken in or about the expedition or execution of any of these causes shall for ever hereafter be fees and allowances appropriated to the Judges and principall Registers of the said Courts equally to bee devided betweene them as heretofore hath beene accustomed and that the said Judges and Ministers within their severall charges shall be Collectors of the Kings tenths and subsidies granted and due by the Clergie taking for their travaile and paine in and about the same collection such fees as heretofore have beene accustomed Provided alwayes that none of the said civill and temporall Officers and Ministers nor any of them for any offence contempt or abuse to be committed by any person or persons in any wise incident to any of the said Courts and Consistories suspend excommunicate or interdict any person or persons but shall and lawfully may by authority of this present Act proceed against every offender and offenders by such ordinarie processe out of the said Register or Notaries office as is used upon a sub-paena out of the high Court of Chancerie and there upon default or contempt to proceed to attachment proclamation of rebellion and imprisonment of the partie offending as in the said high Court of Chancery is used Provided also that all appeales hereafter to bee made from all and every Court and Courts in the Shires and Diocesses of the Countrey shall bee made to the higher Courts as heretofore hath beene accustomed only with an alteration and addition of the names stiles and dignities of Archbishops Bishops and other Ordinaries unto the name stile and dignitie of our Soveraigne Lord the King his heires and successors And that upon the appeales so to be made it shall and may be lawfull for the Judges and Ministers of Justice of and in the said higher Courts to make out all manner of processe and processes and to do and execute all and every act and acts thing and things for the furtherance of Justice in the causes aforesaid as to them shalby the law seem equal right meet and convenient any law statute priviledg dispensation prescription use or custom heretofore to the contrarie in any wise notwithstanding Provided also that all and everie such Judge and Minister that shall execute any thing by vertue of this act shall from time to time obey the Kings writ and writs of prohibition of attachment upon prohibition and indicavit and not to proceed contrary to the tenour of such writ or writs in such and the same manner and form and condition as they have or ought to have done be ore the making of this act any thing in this act to the contrary notwithstanding Provided also that this act or any thing therein contained shall not extend or be interpreted to give any authoritie to the said Judges and Officers or any of them to put in execution any civill or Ecclesiasticall law repugnant or contrariant to the lawes statutes or customes of the Realme or hurtfull to the Kings Prerogative Royall And thus it may seeme to be but a small labour a little cost and an easie matter for the King his Nobles and Wisemen of the Realme to devise formes of judgement and manner of processe and proceedings without any offices or functions of the Canon law whereby the use and studie of the Civill Law and the reward and maintenance for Civilians might be furthered and increased and not utterly overthrown and taken away as the Admonitor uncivily beareth us in hand As for the alteration of the censure of excommunication for contumacy mentioned in this project we have the consent of the reverend Bishops in this admonition that the same may be altered For the Admonitor their Prolocutor speaketh on this wise viz. As for the excommunication Pag. 138. Excommunication for contumacie by the Admonitors judgement may be taken away without offence and with the good liking of the Bishops practised in our Ecclesiasticall Courts for contumacie in not appearing or not satisfying the judgement of the Court if it had pleased the Prince c. to have altered the same at the beginning and set some other order of processe in place thereof I am perswaded saith he that the Bishops and Clergie of the Realme would have beene very well contented therewith And speaking of a certain manner of civill discomoning used in the Church of Tigure he further addeth viz. Which or the like good order devised by some godly persons if it might be by authoritie placed in this Church c. I think it would be gladly received to shun the offence that is taken at the other ADMONITION And matters of Tythes Testaments and Matrimonie matters also of adulterie slander c. are in these mens judgements meere temporall c. therfore to be dealt in by the temporall Magistrate only which as yet have either none at all or very few laws touching those things therefore the common law of the Realme must by that occasion receive also a very great alteration For it will be no small matter to apply these things to the temporall law and to appoint Courts Officers and manner of processe and proceedings in judgement for the same ASSERTION Indeed we hold that all these matters wherof mention is here made Matters of tythes and other causes of like nature pertain to civill justice and all others of the like nature are merely civill and temporall and by the temporall Magistrate alone to be dealt in and to bee discussed if we consider the administration of externall and civil justice And this we thinke will be granted of all and not to be denyed of any unlesse they be too too popishly addicted In regard whereof we have drawn as before is mentioned a project how Courts and manner of processe and proceedings in judgement by Doctors of the Civill Law may be appointed by the King and his high Court of Parliament without that that the common Law of the Realme by the occasion of any such courts offices or manner of processe and proceedings must receive any alteration at all much lesse a very great alteration Howbeit if it should not please the King and that the Civilians could not finde favour in his sight by courts offices and manner of processe and proceedings in judgement before specified or by the like to have the studie of the civill Law advanced yet we thinke it convenient once again How matters of tyths c. may be dealt in by â—he Kings Iudges to be examined how these matters may be dealt in according to the rules and grounds
any person detaining his tithes and offerings the Hospitall of S. Leonards in Yorke of the Kings foundation and Patronage endowed of a thrave â—ospital of S. Leonard 1 2. h. 6. c 2 of Corne to bee taken yearely of every plough earing within the Counties of Yorke Comberland Westmerland and Lancaster having no sufficient or convenable remedie at the Common Law against such as with-held the same thraves it was ordained by the King in Parliament that the Master of the said Hospital and his successors might have action by writ or plaints of debt or detaine at their pleasure against all and every of them that detained the same thraves for to recover the same thraves with their dammages And by the Statute of 32. H. 8. c. 4. it is enacted That the Parsons and Curates of five Parish Churches whereinto the Towne of Royson did extend it self and every of them and the successors of every of them shall have their remedie by authoritie of that act to sue demand ask and recover in the kings Court of Chancerie the tythes of corn hay wooll lamb and calfe subtracted or denyed to be paid by any person or persons Againe Vicars Parsons or improprietaries do impleade any man in the Ecclesiasticall Court for tythes of wood being of the age of twenty years or above for tyth-hay out of a medow for the which time out of mind and memorie of man there hath only some Meade-silver beene paid or if a debate hang in a spirituall Court for the right of tythes having his originall from the right of Patronage and the quantity of the same tythes do passe the fourth part of the value of the benefice a prohibition in all these and sundry other cases doth lie and the matters are to bee tried and examined in the Kings Courts according to the course of the Common Law unlesse upon just cause there bee granted a consultation And if in these cases in maintenance of the Common Law the defendants have reliefe in the Kings Courts I thinke it more meet to leave it to the consideration rather of common than to the judgement of Canon Lawyers to determine what alteration the Common Law could sustaine in case if plaintiffes as well as some defendants might pray the Kings aide for the recoverie of tythes especially seeing at this day the manner of paying tythes in England for the most part is now limited by the common and statute lawes of the Realm and not by any forraigne canon law But there is some fact Object happily so difficile so secret and so misticall in these causes of tythes as the same cannot without a very great alteration of the Common law Answer be so much as opened before a lay judge or of the hidden knowledge whereof the Kings temporall Judges are not capable Why then let us What facts touching the upholding of tyths are examinable in the Ecclesiasticall courts see of what nature that inextricable fact may be I have perused many libels made and exhibited before the Ecclesiasticall Judges yea and I have read them over and over and yet for ground of complaint did I never perceive any other materiall and principall kinde of fact examinable in those Courts but only such as follow First that the partie agent is either Rector Vicar Proprietarie or Possessor of such a Parish-Church and of the Rectorie Vicaridge farme possession or dominion of the same and by vertue thereof hath right unto all tythes oblations c. apertaining to the same Church and growing within the same parish bounds limits or places tythable of the same Secondly that his predecessors Rectors Vicars c. time out of mind and memorie of man have quietly and peaceably received and had all and singular tythes oblations c. increasing growing and renewing within the Parish c and that they and he have beene and are in peaceable possession of having and receiving tythes oblations c. Thirdly that the partie defendant hath had and received in such a yeer c. of so many sheepe feeding and couching within the said Parish c. so many fleeces of wooll and of so many Ewes so many Lambes c. Fourthly that the defendant hath not set out yeelded or paid the tyth of the wooll and lambe and that every Tyth fleece of the said wool by commâ—n estimation is worth so much and that every tyth Lambe by common estimation is likewise worth so much c. Fifthly that the defendant is subject to the jurisdiction of that Court whereunto he is summoned Lastly that the defendant doth hetherto deny or delay to pay his tyths notwithstanding he hath beene requested thereunto These and such like are the chiefe matters of fact whereupon in the The Kings Iustices are as able to judge of exceptions against tyths as the Ecclesiasticall Iudges Ecclesiasticall Courts proofes by witnesses or records rest to be made for the recoverie of tythes And who knoweth not but that these facts upon proofes made before the Kings Justices may aswell bee decided by them as by any of the Reverend Bishops or venerable Archdeacons their Chancellors or Officials If there be any exception alleaged by the defendant as of composition prescription or priviledge the Kings Justices are as able to judge of the validitie of these as they are now able eo determine customes de modo decimandi or of the use of high wayes of making and repairing of Bridges of Commons of pasture pawnage â—estovers or such like Truth it is that of Legacies and bequests of goods the reverend Bishops by sufferance Legacies how they may be recovered at the common law of our Kings and consent of our people have accustomably used to take cognizance and to hold plea in their spirituall Courts Notwithstanding if the Legacie bee of lands where lands be divisible by Testament the judgement thereof hath beene alwayes used and holden by the Kings writ and never in any Ecclesiasticall Court Wherefore if it shall please the King to enlarge the authoritie of his Courts temporall by commanding matters of legacies and bequests of goods aswell as of lands to be heard and determined in the same it were not much to be feared but that the kings Justices the kings learned Counsell and others learned in the Law of the Realm without any alteration of the same law would speedily finde meanes to apply the grounds thereof aswell to all cases of Legacies and bequests of goods as of lands For if there be no goods divisible by will but the same are grantable and confirmable by deed of gift could not the kings Justices aswell judge of the gift and of the thing given by will as of the grant and of the thing granted by deed of gift or can they not determine of a Legacie of goods aswell as of a bequest of lands If it should come in debate before them whether the Testator at that time of making his will were of good and perfect memorie upon proofs and other
presently the parish Church of Hadenham only excepted was adjudged to be void and utterly repealed and adnulled for ever And therefore I leave it to the inquisition of our Soveraigne Lord the King whether the impropriation of the parish Church of Belgrave in the Countie of Leicâ—ster whereunto two Chappels are annexed and other Churches appropried to the Bishop of Liecester since the statutes of Richard the second and Henry the fourth bee the lawfull or unlawfull possession and heritage of the same Bishop yea or no And if it bee lawfully appropried and so a lawfull possession and heritage then I leave it againe to the inquisition of the King what summe of money out of the fruits of the same Church ought yearely to bee distributed to the poore parochians what the endowment of a Uicar canonically to be instituted and inducted in the same Church should bee what house is appointed for the same Vicar to keepe his hospitalitie in and whether any Vicar for the space of these many yeares passed hath beene canonically instituted and inducted in the same Church to possesse that endowment to inhabit that same house and to inform that people For if by the appropriation it self or by the abuse thereof the poore parochians have beene defrauded of their yearely distribution or if no Vicars have beene Canonically instituted and inducted in the same or if being inducted they have their endowments so small or so covetously kept back from them as that they cannot sufficiently maintaine themselves much lesse keepe hospitalitie then as the Admonitor confesseth there must needs be a lamentable abuse of impropriations and that therefore it is greatly to be wished that by some good statute it might be remedied And as those Churches which are unlawfully appropried are not the lawfull possession and heritage of the proprietaries so on the other side we affirme that those impropriations which were made and reformed according to the statutes of Ric. 2. and Hen. 4. may well stand as mens lawfull possessions and heritages even with those things which are required to be planted and brought into the Church whatsoever the Admonitor hath written to the contrary For we doe not hold that maintenance must only and necessarily be provided for every Minister by the paiment of tyths oblations and other ecclesiastical profits belonging to Churches appropried or disappropried For there being no direct proof to be made out of the law of God that Ministers of the Gospell must only live upon tythes the King and parliament may well and competently enough appoint convenable endowments for every Minister without disapproprying of any Church appropried And therefore little cause had the Admonitor to insinuate the ruine of impropriations upon the bringing in the discipline of our Saviour Christ because the same may be well planted and yet to other not unplanted But what need we to argue against his insinuation considerâ—ng hee himselfe before he came to the end of this page by his owne idisclaime 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 any man feare the taking away of those lawes whereby impropriations do stand For if such as heretofore have spoken or written against them because as he insinuateth the forme of finding Ministers by tythes seemed to be unlawfully taken away and as he would also insinuate by their judgement ought againe to bee restored and not to stand any longer as mens lawfull possessions and heritages How I say doth it follow that they which desire impropriations to be restored to their pristinate state should withall enquire to have the finding of Ministers by Tythes to bee abolished It seemeth therefore that the Admonitor so hee might bee talking passed but a little what hee talked For what a double talke is here or to what purpose was this talke Was it because some men doe thinke that the Ministers ought not to receive tythes for their reliefe and paines in the Ministerie Why then let all men know that we disclaime such some mens opinions For we account all things pertaining to this life directly or by consequence not commanded nor prohibited by the holy and sacred Scriptures to be things indifferent and that therefore we may use them or not use them as the commoditie or incommoditie of the Church shall require And therefore as we doe not affirme that the maintenance of the Ministers must onely and necessarily bee levied out of tythes oblations and such like so also wee doe not deny but that the tenth part of the increase of all our goods by the authoritie of the King and his lawes may be alloted for their possession and heritage especially in our countrey the same manner of payment being so ancient and so agreeable to the manners usages and disposition of our state and people Nay since the payment of tythes for service accomplished in the spirituall Sanctuarie is correspendent in the nature thereof to the equitie of the Law of Moses for the Levites attendance about the earthly Tabernacle and since also wee bee bound by the commandement of the Apostle to make him that teacheth us in the word to be partaker of all our goods I see not so Jewish and popish ceremonie and superstition be avoided but that this duetie may as Christianly be performed by the payment of the tenth part of the increase of our corne hay wooll lambe c. as by the eight twelfth twentieth or any other part of our money and coine By payment also of which tithes the Ministers at every season with every kinde of necessarie provision towards hospitalitie might throughly be furnished which many times they shall want by reason of mens backwardnesse when collections of monie are to be made But to speake no more of this matter of tithes we will return to the objection made against the Apostolicall government drawn from taking away impropriations And herein we will not handle whether the lawes whereby impropriations do stand as mens lawfull possession and heritage must as hee saith bee taken away but whether impropriations now divided from the Ministerie and dispersed into many severall mens hands and imployed to many uses in the Common weal may not in tract of time by some wholesome law be reduced either wholly or in part to be the only lawfull possessions and inheritances for the Ministers of the Gospell yea and that without any prejudice or dammage unto Prince or people It is evident in the eyes of all that the Churches now appropried doe stand and remaine as the lawfull possessions and inheritances either of the King or of the Nobles or of the Knights Equires Gentlemen and other temporall persons or of Archbishops Bishops Archdeacons Deanes Prebendaries and other Ecclesiasticall persons or of the Vniversities of the Colledges in the Vniversities of Collegiate and Cathedrall Churches of Schools Hospitals
law that all and every impropried Church and Churches with their glebes tythes and other fruits after the determination of the leases now in being should bee demised and set to farme onely to the incumbent Ministers of the same Churches for terme of their naturall lives if so long they did continue resiant and faithfully preach in the same Churches the doctrine of the Gospell according to the articles of Religion concerning Faith and Sacraments by publike authoritie now established in the Church of England And because by likelihood the Vicars will not be able to pay fynes or incomes unto the Colledges Hospitals and other places and because also it seemeth reasonable that the Colledges Hospitalls and other places by some other meanes should be recompenced wee leave it againe to be considered whether it were not convenient that the Vicars in consideration of non payment of fynes should yeeld in money corn or other provision to the double or treble value of the ancient and unimproved rents For men experienced in these affaires of this life know that the profits arising out of Churches appropried unto the farmours thereof are commonly six eight or ten times more worth by just estimation than are the old rents payable unto Colledges Hospitalls and other like places And thus wee see how together with the bringing in of these things which are required to bee planted in the Church impropriations may stand as mens lawfull possessions and heritages or otherwise how without damage or hurt to the King or Realme they may be converted to the use and provision of the Ministers whatsoever hath beene insinuated by the Admonitor to the contrary And yet doe I not in any of these things or of any other thing first or last spoken or to be spoken desire mine owne advice and judgement so to be respected as though I should arrogate unto my selfe more knowledge than all others which labour in the cause of reformation but onely I submit these my private meditations with their reasons to the censures of all wise godly and learned men Humbly praying them so to bestirre their owne wits and so to bestow their owne cunning and learning that a better and more easier way by their ingenuousnesse may be found out and procured to take place And in the meane season that these motions tendered to their views may not altogether be neglected but duely weyed and considered Especially for that I have not tendered any other thing to be performed by any of these meanes unto any other than such as whereunto I my selfe to my power yea and beyond my power as far as in me lyeth shall be ready to yeeld And howsoever the Bishops and other great Clergie Masters with their stately favourites may pretend some part of this device to bee an hinderance of learning and other some part not to be for the Kings profit yet to the first we answer briefly that learning is not so much furthered by a few great rewards provided for a few great learned men as it is by many good rewards appointed for many good learned men as hereafter more at large in a more convenient place is declared Touching the Kings profit we affirme that it is not only most profitable but also most honourable for the King to have a multitude of loyall vertuous and godly subjects And that such manner of subjects can by no meanes better bee procured than by a continuall preaching Ministerie of the Word to be planted in every parish of the Kings Realmes And because no man better knoweth the recyprocall duties betweene a Christian King and Christian Councellers we leave the discerning of the spirits of these profit preachers to the tryall and judgement of the most Christian King whom if hee shall finde either by flatterie to fawne upon the Kings profit or by labouring to keepe the King in a good opinion of things amisse wee most humbly beseech the King to accept them and reward them for such as could wish in their hearts the king should rather bee impoverished by having many bad and unprofitable subjects than that themselves would not be inriched by enjoying many good and profitable impropriations As for the Lawes whereby patronages do stand 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 patrons bee altered without their dammage if God permit when we come to speak of the clections of Ministers wherein the reformers are charged with the burling and thrusting out of Patrons shall be declared ADMONITION The Lawes of England to this day have stood by the authoritie of the three estates which to alter now by leaving out the one may happily seeme a matter of more weight than all men doe judge it ASSERTION Not to stand upon termes with the Admonitor that the lawes usually called the common lawes of the land being meere customarie lawes did never yet stand by the authoritie of the three estates I will The bringing in of the discipline by pastours and elders is not the leaving out of parliament any one of the three estates take his meaning to bee that the statute lawes of England to this day have stood by authoritie of the three estates which to alter now by leaving out the one c. and then hereunto I answer that not any one of the three estates should be left out or barred from having authoritie in making and promulging statute lawes though the government of the Church by Pastors and Elders were brought in For we which so much cry as he saith for this manner of government to be planted are so farre from exempting or excluding any one of the three estates from their ancient power priviledge and preeminence in the making of statute lawes as that wee pronounce him to be guilty of high treason to the King and to the Realme that avoweth the contrary And we affirme directly and confesse plainly that it belongeth only wholly and altogether to the three estates as well to roote out and to pull up whatsoever government is not justifiable by the holy law of God as also to plant and to settle whatsoever discipline is warrantable by the same law And to speak as the thing is how were it possible to have the discipline by Pastors and Elders planted by authoritie of the three estates if one of the three estates should be left out or can it be imagined that any one of the three estates would ever consent to the bringing in of such a government of the Church as whereby the same governement being once brought in the same estate should ever after wards cease to be any more an estate Besides we acknowledge that all powers are of God and therefore every one of the three estetes being a power we grant that the same hath his stateship by the authoritie of God And if all the three estates be lawfull by the holy law of God how can it bee verified
of Yorke and Silby were there present In a booke intituled the burning of Pauls Church in London 1561. and in the fift question moved by a papist it is said that this manner of ministration of Sacraments set forth in the booke of Common prayers was never allowed nor agreed upon c. no not by the Clergie of England at the last Parliament but only it was agreed upon by the Laitie which had nothing a doe with spirituall matters or causes of religion Whereunto the reverend Father Master Pilkington Bishop of M. Pilkington Bishop of Durisme Duresme answering was there not saith he a disputation for Religion appointed by the Queenes Majestie wherein your Clergie was affraid to utter their foolishnesse in defending their superstition lest they had taken more shame in answering than they did in holding their peace I thinke the Vniversities with so many places of this Realme receiving religion and these other disputing for it may bee counted to be some part of the clergie of the Realme And so it was not received without consent of the Clergie But these were not of the Parliament What then But as Ioash Josaphat Ezechias and Iosias did not make a new Religion but restored that which was defaced and had long lyen buried so our Parliament did not set forth a new religion but restore that which was godly begun before the good K. Edward confirmed by the Parliament and Clergie then c. But nothing can bee concluded as a law by Parliament say they without consent of the Clergie there present But this having not their consent cannot be counted a law as they think I had rather saith M. Pilkington leave this to be answered by the Lawyers than otherwise Yet that the world may see that something may be said in it we grant him not this to be true that no law at all can be made without consent of Bishops Look your old statutes of Parliament when Bishops were highest afore Edward the third and ye shall read that they passed by consent of the Lords temporall and commons without any mention of the Lords spirituall which statutes many of them stand in strength at this day Then it may well be gathered that the consent of the Clergie was not alwayes so necessarie as they thinke it The Lawyers Judges and Justicers put in practice and execute these lawes therefore their doings may be a sufficient reason to lead the unlearned what opinion they have of this statutes For Religion except Justice Rastall first executing that and afterward running away may condemne the rest which I trust he may not I thinke they would not execute them except they had the strength and nature of lawes If they doe contrary to their knowledge and opinion they cannot be able to answer their doings but I think no wise men are of this opinion Only these corner creepers that dare not shew their face and would deceive the people go about to deface all good and godly order that displeases them In the dayes of K. Edward they had the like fond opinion that the king could not make lawes in his minoritie untill he came unto full age and to make the people to disobey their Prince Hitherto M. Pilkington L. Bishop of Durisme with whom the most worthy and learned M. Jewell late Bishop of M. Iewel B. of Salisburie Salisburie agreeth in every point The wise and learned faith hee could have told you that in the Parliaments of England matters have evermore used to passe not of necessitie by the speciall consent of the Archbishops and Bishops as if without them no statute might lawfully be enacted but only by the more part of voyces yea although the Archbishops and Bishops were never so earnestly bent against it And statutes so passing in Parliaments onely by the voyces of the Lords temporall without the consent and agreement of the Lords spirituall have neverthelesse beene alwayes confirmed and ratified by the Royall assent of the Prince and have beene enacted and published under the names of the Lords spirituall and temporall Reade saith hee the statutes of King Edward the first there shall ye find that in a Parliament holden at S. Edmundsbury the Archb. and Bishops were quite shut forth and yet the Parliament held on and good and profitable lawes were there enacted the departing or absence or malice of the Bishops spirituall notwithstanding In the Records thereof it is written thus Habito Rex cum suis Baronibus Parliamento Clero excluso statutum est The King keeping a Parliament with his Barons the Clergie that is to say the Archbishops and Bishops being shut forth it was enacted c. In provisione de matrona in the time of K. Edward the third whereas matter was moved of bastardie touching the legitimation of bastards borne before mariage the statute passed wholly with the Lords temporall whether the Lords spirituall would or no. and that contrary to the expresse decrees and canons of the Church of Rome And thus much the most reverend and godly Father M. Iewell Bishop of Salisbury Wherefore to conlude this point against the Admonitors position I dispute thus All those persons who by any necessitie are none of the three estates aâ—d by whose authorities the statutes of England to this day have not stood to leave out the same persons may happily seem a matter of lesse weight than all men do judge it But the Archbishops and Bishops are such persons as by nâ—cessitie are none of the three estates and by whose consents the statutes of England to this day have not stood Therefore to leave out the Archbishops and Bishops may happily seem a matter of lesse weight than all men doe judge it If our Evangelicall Bishops be of that opinion of which the Popish Bishops were viz. that the house of Parliament is an unfit and an unmeet place to have the holy cause of the religion of God debated and concluded upon and that the Laitie without the clergie ought not to conclude any thing in Religion and that in respect hereof their presences their voices and their assents are necessary in the â—arliament If our Evangelicall Prelates I say make this objection then besides that hereby they unseemely unmannerly and unchristianly accuse the whole land of ignorance and blindnesse in religion supposing neither King nor Nobles nor Commons to be able to discern betweene 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 reverend Fathers Master Pilkington and Master Iewell have answered to such cavillous slanders For what else intended they by many examples and proofes brought for the Parliaments of England consisting of the King the Nobles and the Commons to be lawfull Parliaments and to have right to establish religion but to justifie against Popish scoffers that religion might be conceived and established in Parliament notwithstanding the absence or exclusion of the Clergie Besides since our
was common and did continue in the old Churches Besides this inconvenience saith he caused Princes and Bishops so much to intermeddle in this matter Frow whence it necessarily againe followeth that by the holy Scriptures and law of God Princes and Bishops did not entermeddle with that matter atal For had it been simply lawfull for them to have dealt in those causes by the word of God then aswell before schisme discord and dissention as afterward yea rather much more before than afterward For then by their owne right might Princes and Bishops have prevented Bishops nâ—eddle not with election of Pastors by the holy Scriptures all occasion of schism and contention and have so preserved the Church that no tumult or disorder should once have beene raised or begun therein Againe if by the law of God Princes and Bishops had medled in these matters and had not intermedled by humane device then lawfully by their authoritie alone might they have chosen Pastors Elders and Deacons in the old Churches which thing in this place by necessary inference he denieth For schisme saith he caused them to intermeddle So as by his confession they were but intermedlers and entercommoners by reason of schisme and not commoners and medlers by vertue of Gods word And yet now a dayes our reverend Bishops in this case are no more intercommoners with Princes and with the people they ate no more entermedlers as in old times they were but they have now so far incroached upon the prerogatives of the prince and privileges of the people that neither prince nor people have any commons in the election of Pastors Elders and Deacons with them at all Besides if schism and contention among the people Bishops â—n croach upon the â—ighâ— oâ— pâ—â—â—ce and people were the reason why Bishops first entermedled in the choice of Pastours we now having no schisme nor contention about the choice of Pastours by the people and so the cause of ceasing why should not the effect likewise cease But this effect is therefore still to bee continued because otherwise the cause would a new sprout out and spring up againe Nay rather inasmuch as for these many yeares we have had schism discord and dissention because the bishops wholly and altogether have medled in the choise of pastours and have thrust upon the people whatsoever pastours please not the people but pleased themselves and have not suffered the people to meddle no not so much as once to intermeddle in these matters in as much I say as these things be so it seemeth most expedient requisite and necessary for the appeasing and pacifying of this discord and the taking away of this schism to have the manner of election which was in the old Churches restored to the people and this wherein the bishops have intermedled without authoritie from the word to be abolished that so againe the cause of scbism and strife which is now among us ceasing the effect might likewise cease After I had ended this tract in this manner touching this point there came into mine hands a booke intituled The perpetuall government of Christs Church written by Thomas Bilson Warden of Winchester Colledge in the fifteenth chapter of which booke is handled this question viz. to whom the election of Bishops and Presbyters doth rightly belong and whetherby Gods law the people must elect their pastours or no. In which chapter also the matter of schism strife and contention is handled The finall scope and conclusion whereof is as the proposition importeth twofold First concerning Bishops then concerning Pastours The quarrell taken against Bishops doth not so much touch saith hee the office and functions of Bishops as it doth the Princes prerogative When you rather thinke the Prince may not name her Bishops without the consent and election of the people you impugne not us but directly call the Princes fact and her lawes in question As touching this point of the proposition because the people by any law or custome never challenged any right or interest in the choise of the Kings bishops wee have nothing The King only hath power without the people to nominate his Kingly Bb. to meddle or to make about the choise of any of the Kings Bishops Nay we confesse as his highnesse progenitors Kings of England have beene the Soveraigne Donours Founders Lords and Avowes of all the Bishopricks in England without aid of the people that so likewise it is a right and interest invested into his Imperiall crowne that he only his heires and successors without consent of the people ought to have the free nomination appointment collation investiture confirmation of all the Bishops from time to time to be planted in any of those Bishoprickes yea and wee say further that the King alone hath not power onely to nominate collate and confirm but also to translate yea and if it please him to depose all his Kingly Bishops without any consent of his people at all For say we ejus est destruere cujus est construere ejus est tollere cujus est condere Neither will we dislike but rather content our selves that our late Queens Bishops if they shall finde favour in the Kings eyes should be also the Kings Bishops conditionally they submit themselves to the lawes and prerogatives of the Kings Crowne content themselves with the only name of Kingly and Princely Bishops and not challenge any more unto themselves the sole titles of Godly and Christian Bishops as though without injurie to the law of â—od and Gospell of our Saviour Christ they could not bee dispossessed of their Lordly Bishopricks And therefore our most humble prayer to the King is that his Majestie would bee pleased that such his Kingly Bishops may not henceforth over crow and justle out Gods Bishops nor have any primacie over Gods Bishops And withall that the King himselfe would vouchsafe to hearken to the doctrine of such as are indeed Gods Bishops rather than to the Counsell of those who lately were the Queenes bishops As touching the second part viz. whether the people by Gods M. Bilson confirmeth the peoples election of their pastor p. 339. law must elect their Pastours or no Master Bilson by reasons and proofes brought for the first use of it rather confirmeth than impugneth the same For saith hee Well may the peoples interest stand upon the grounds of reason and nature and bee derived from the rules of Christian equitie and societie That each Church and people stand free by Gods law to admit maintaine or obey no maâ— as their Pastour without their liking unlesse by law custome or consent they have restrained themselves Then the people had as much right to choose their 360 Pastour as the Clergie that had more skill to judge that the Apostles left elections indifferent to the people and Clergie at Jerusalem That the Apostles in the Acts when they willed the Church at Jerusalem to choose the seven did not make any remembrance or
temporally as the other doth spiritually And certes it seemeth that the Admonitor was drawne very dry of reason when hee was faine 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 think themselves to have injury if they deale not in all causes of the Common-Weale as well as in all causes of their Churches or whether hee meant that the common people wâ—ll easily transferre the government of the Common-Weale from a Kingly Monarchie to a noble Aristocracie there is neither soothnesse nor soundnesse in his meaning For sithence the Leaâ—ned Ministers against the reverend Pastors disclaime to deale in civill matters Bishops by the holy rules of our faith maintaine that it is not lawfull for a Mâ—nister 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 easily oppugne their owne knowledge by their owne contrary practice Or how is it probablâ— that they would overleade themselves with that burthen to ease the Church whereof they have contentedly exposed themselves into a number of reproches contempts bytings and persecutions As for that other intendment of â—he Admonitors that it is gâ—eatly to bee feared that the common people will easily transferre Monarchy unto Democracie or Aristocracy if the principles and reason thereof by experience were made familiar in their mâ—nds this reason I say might seeme to carry some shew of affrâ—ghting a Monarch if the same were insinuated unto a King whose people were never acquainted with the Principles and reasons of Democracy or Aristocracy but this feare being insinuated unto our late Soveraigne Lady the Queene whose people ever since the time they first began to be a people have had their wits long exercised The people of England have their wits exercised with the sense of Democracy Aristocracy with the sense and feeling of the reasons and principles as well of Democracy as also of Aristocracy what sense had the Admonitor to urge this feare That in the Kingdome of England the common people have already the sense and feeling of the reasons and principles of Democracy cannot be denyed For in every cause almost as well of criminall as civill justice some few only excepted to be executed in the Common-Weale by the common lawes of the Realme have they not some hand and dealing in the same by one meane or other Nay which is more have they not the sense and feeling of the making and unmaking their own laws in Parliament And is not their consultations in Parliament a meere Democritall consultation As much also there is to be avowed for the sense and feeling of the reasons and principles of Aristocracy to be already in the minds of the Peers the Nobles the Iudges and other great men of the Realme For are not the Wisest the Noblest and the chiefest taken out of these by the King to be of his Counsell and to be Iudges and Iusticers in his Courts Yea and is not their Assembly also in Parliaments a meere Aristocraticall assembly And what translation then is there greatly to be feared out of the Church to be made into the Common-Weale when the minds of all sorts of our common wealthes men be already seasoned with the things which hee feareâ—h And when the Common-Weale is already seized of the Principles and reasons which he would not have familiarly knowne unto it Wherefore that the King the Nobles and Commons may no more be feared with the strangenesse of these uncouth and unknown Greeke names of Democracy and Aristocracy written in his booke with great and Capitall Letters I have thought it my duty by these presents to informe them that the government of the Church by Pastors and elders now wanting amongst us and desired to bee brought into the Church by the Soveraigne authority of our King Nobles and Commons in Parliament for the outward forme and manner thereof is none other manner of Government nor forme of policie than such as they and their Progenitors and Ancestors for many hundred yeares together without interruption have used and enjoyed in the Common-Weale And that therefore it will be a very easie matter to transferre the same to the government of the The manner of Policie by Pastors and Elders in the Church is agreeable to the government in the common weale The government of the Church by prelacy disagreeable to the government used in the common weale Church For by the reasons and principles of their owne government in the Common-weale and by the sense and feeling thereof they may well bee induced to thinke that they have injury if they have not as much to doe in matters of the Church as they have to doe in matters of the Common-Weale seeing they touch their commoditie and benefit spiritually as the other doth temporally And withall on the other side I shall doe my best endeavour to advertise them that the government of the Church by Prelacy is such a manner of Government as was never yet in the administration of justice by any subject 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 easily bee sent and transmarined unto Rome whence it first came and where it had it originall and birthright And to the end that wee may clearely discerne whether the nature of the Government of the Church by Prelacy or the nature of the Government desired to be planted by Pastors and Elders be more agreeable to the nature of the policy received and used both by the Nobles and common people in the Common-Weale it is necessary that the manners and formes both of Prelaticall and Pastorall Government bee made familiar unto the minde of the Reader And because wee have already declared the manner of the election and confirmation both of a Bishop into his Episcopall See and of a Minister into his Pastorall charge what the one is by the Law already established and what the other by a Law desired to be established ought to be wee will not any more speake of their entrance into either of their places unlesse onely a little to recreate the Reader we meerely note what answer some Bishops have made when as long chasing after Bishoprickes they have chafed in their mindes for feare of losing The answer of an Italian Bishop loth to lose his Bishopricke their prey as was the answer of that Italian Bishop who being thrice demanded of the Archbishop as the manner is vis Episcopari vis Episcopari vis Episcopari and being willed by one standing by thrice againe to answer as the manner is nolo nolo nolo Hee making nâ— bones at the matter answered aloud with an The answer of an
English Bishop having obtained his congedelieâ— oath Proh Deum dedine ego tot millia Florenorum pro volo Episcopari jam debeo dicere nolo or as was the answer of that English Bishop who having promised a Courtier one annuitie of twenty pound during his life out of his Bishopricke if hee could procure the speedy feâ—ling of his congedelier within a while after when it was sealed he rapt out an oath and sware by Jesus God that the same Gentleman had done more for him than an other great Courtier who before hand for that purpose had received from him one thousand markes But whether all Bishops buy their congedeliers dearer or better cheape is not a matter incident to this treatise only if they buy deare they may happily thinke with themselves that they may sell deare vendere jure potest emerat ille prius setteth not any price upon any wares in the Royall Exchange But to return The manner of the administration of spirituall Iustice in the Church by Prelacy to our purpose whence by occasion of those Bishoply oathes and answers we have a little digressed let us see what is the manner and forme of the administration of spirituall justice in the government of the Church by Prelacy as the same is ordinarily administred in all places throughout the Church of England Wherein that wee be not mistaken it is to be understood that the manner of administration of justice whereof we speake is that administration of justice only which respecteth the punishment of crimes Ecclesiasticall to bee inflicted by spirituall censures In all which cases penances suspension and excommunications in the Bishops consistory proceed from the judgement and authority of the Bishop alone if he be present or from the sentence and power of his Vicar generall or Commissary alone and if he be absent Nay doth not every such censure likewise in the Archdeacons consistory procâ—ed from the sole authority of the Archdeacon or if hee bee absent from the sole authority of his officiall But if the like course of the execution of Justice as this is cannot bee found to bee an oâ—dinary course of Justice in the Common-Weale where Justice is administred in criminall causes by the Ministery of a subject I would faine learne what prejudice may bee feared to redound unto the Common Weale if the administration of spirituall Iustice after a sort were established to bee after the same manner in the Church after which civill Iustice is already 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 be ministred exactly in No one subject in the Common Weale can alone exercise civill justice in causes criminall every respect after the manner of civill Iustice but the comparison standeth onely in this that as not any one temporall subject alone hath authority to heare to examine and to judge any one criminall cause in any Court of civill justice in the Common-Weale so likewise that any one spirituall person alone should have authority to be examiner and judge of any one criminall cause in any Court of spirituall Iustice in the Church For if certaine principall and godly persons associated unto a learned and zealous Pastor in the presence and with the consent and authority of the people of every Parish did enjoyne penance suspend or excommunicate a spirituall The administration of spirituall Iustice by pastors and Elders agreeable to the execution of civill justice in the Common-Weale Master D. Bancroft what his assistants Letter able to represse puritans in one parish D. Stanhope alone to represse all in a Diocesse offendor were not this forme of administration of spirituall Iustice more consonant agreeable and conformable to the daily execution of civill Iustice in the Courts of the Common-Weale than is the administration of spirituall Iustice by the Bishop alone or by his Vicar generall alone in his Consistory and to make this matter more familiar in the mind of the Reader for an instance or two let us suppose that Master Doctor Bancroft Parson of S. Andros in Holborne had chosen Master Harsnet to be his Curat and withall that Master Dodge Master Mercury Master Flower and Master Brisket all chiefe attendants on his late great Lord and Master were inhabitants within the same Parish and thâ—t the chiefe men of the same Parish had chosen those to be assistants to him and to his Curat for the inquisition of the demeanours of all the Puritans and Precisians within his Parish let this I say be supposed would not hee and they trow we thinke it a high scorne and an indignitie to be offered unto their Masterships in case it should bee insinuated that Master Doctor Stanhope were better able with one little blast of breath upon a peece of paper to blow away all Puritanisme out of the Citie and Diocesse of London than these great Chapleins and discreet Gentlemen with their thunderings and with their lightnings were able to fright the same out of one poore Parish in HOLBORNE And againe to make this matter yet a little more familiar to the minde of the Reader let us suppose again that thundering Master Merbury now Lecturer in the Church of Saint Mary Overis were Pastor of the same Church and had to be his assistants in the Ministery but simple M. Butterton and that they two for the Elders of the same Church to be chosen by the Parish had such and such and such men lovers of all honesty and godlinesse and enemies unto all dishonesty and ungodlinesse could not these learned and grave Ministers with the assistants of such wise and godly Borough-Masters bee as well able to reforme Papists Atheists Swearers prophaners of the Sabbath drunkerds adulterers and such like within the Borough of Southwarke as is Master Doctor Ridley to bring to any good amendment of life all such kind of persons within the whole Diocesse of Winchester If the examination and judgement of all theeveries pickeries burglaries robberies murders and such like were committed to Master Dâ—ctor Ridley alone for the Diocesse of Winchester and to Master D. Stanhope alone for the Diocesse of London were it not like that for one such malefactor as there is now we should shortly have an hundred And therefore to hold us still to the point in question it is very plaine and evident that this manner of spirituall justice mentioned to be executed by the Pastors and Elders is more correspondent to the administration of civill justice in the Common-Weale than is that manner of the execution of spirituall Iustice by Doctor Stanhope or Doctor Ridley by the Bishop of London or by the Bishop of Winchester For to begin with our meanest and basest Courts let them shew unto us any Court Leete Law-dayes Matters in Leets and Law dayes not overruled by one alone or Sheriffes turnes within any County City Towne Borough Village or Hamblet within the Realme wherein
the Realm of Ireland of the K. highnesse most honourable privie Councell chosen by him for the assistance of his Royal person in matters appertaining to his Kingly estate and lastly of the supreme and grand Councell of the three estates in Parliament for matters concerning the Church the King and the common weale For whether respect be had unto the secret affaires of the Kings estate consulted upon in his Highnesse Councell Chamber by his privie Councellers or whether we regard the publike tractation of matters in Parliament there can be no man so simple as not to know both these privie and open negotiations to be carried by most voices of those persons who by the K. are called to those honourable assemblies And what a vaine jangling then doth the Admonitor keepe and how idely and wranglingly doth he dispute when against the government of the Church by Pastours and Elders hee objecteth that the same will interrupt the lawes of the Realme that it will bee great occasion of partiall and affectionate dealing that some will incline to one part and that the residue will be wrought to favour the other and that thereby it will be a matter of strife discord schisme and heresies Howbeit if never any of these extremities and dangers have fallen out in the common weale by any partiall ot affectionate dealing of the Kings Deputies Presidents Judges Justicers and other Officers and Ministers associated unto them for the administration of Justice or equitie in any of the Kings civill Courts how much lesse cause have we to feare any partialitie affection working inclination favour strife debate schismaticall or hereticall opinions if once Pastours and Elders in every Congregation and not throughout a Diocesse one Bishop alone had the spirituall administration of the Church cause Can many temporall Officers Justicers and Judges rightly and indifferently administer the Law and execute jâ—stice and judgement without that that some doe incline to one part and without that the residue be wrought to favour the other part And cannot spirituall Officers dispatch spirituall affaires without that that they be partially and affectionally disposed What is it so easie a matter that the Ancients of God and the Ministers of Christ can the one part incline to righteousnesse and the residue be wrought to favour wickednesse can some incline to God and unto Christ and can other some be wrought to follow Satan and Antichrist For what other controversie is requâ—red to be decided by Pastours and Elders than the controversie of sin between the soule of man and his God And is there any Christian Pastour or Elder that will be wrought rather to favour the sinne of a mortall man than the glory of his immortall God But to leave the state of the kingdome and common weale and the good usages and customes of the same let us come to the state of the Church it selfe and to the lawfull government thereof established even amongst us at this The government of the Church ought not to be by one alone day For whatsoever our Reverend Bishops practise to the contrary yet-touching ordination and deposition of Ministers touching excommunication and absolution touching the order and rule of Colleges Cathedral Churches and the Vniversities the Ecclesiastical law doth not commit the administration of these things and regiment of these places to any one person alone The Vniversities admit not the government of the Chancellour being present nor of his Vicechancellour The government in the Vniversities not by one alone The government in Colledges not by one alone himselfe being absent as of one alone the Doctors Procurators Regents and non-Regents have all voices and by most oâ— their voices the Vniversitie causes take successe The businesses of Colledges by the statutes of their founders are commended to the industrie and fidelitie of the President Viceprovost and Fellowes unto the Provost and Viceprovost and Fellowes unto the Warden Sub-warden and fellowes unto the Master and fellowes and unto such like Officers and fellowes The Cathedrall The government of Cathedrall Churches not by one alone Churches their livings and their lands their revenues and their dividents their Chapiters and their coâ—ferences depend upon the will and disposition of the Deane and Chapiter and not of the Bishop alone Neither can the Bishop alone by any ancient canon law pretended to be in force place or displace excommunicate or absolve any Ecclesiasticall person without the judgement of the Chapiter Ex de exces Prela c. 2. Exc. de hiis quaes cons cap c novit 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 ordiâ—ation of every Minister As for the deposition or degradation of Ministers under the correction of the reverend Whether the degradation of a Minister be warrantable Monsieur de â— Iesis 164. in the 2 book of the Masse Bb. be it spoken I think they have not so much as any colour of any law for it The form of the degradation of a popish and sacrificing Priest by the Canon law can be no pretext to degrade a Minister of the Gospell because a Minister of the Gospell is not set into his charge per calicem patinam with a cup full of wine and dish full of hostes neither receiveth hee any character at all of a shaveling priest And because a Minister of the Gospell is ordained only after that manner which the statute law hath appointed how should the ordination made by so high an authoritie be undone by any other power unto the former manners of the administration of the causes of the Vniversities Colledges and Cathedrall Churches may be added the execution of Ecclesiasticall jurisdiction committed The ecclesiasticall Commission exercised by many commissioners and not by one heretofore by the Queen unto the Ecclesiastical Commissioners For althought by the words of the statute her Highnesse had full power and authoritie by her letters patents to assign name and authorize any one person a naturall borne subject to execute spiâ—ituall jurisdiction yet neverthelesse according to the laudable usages and customes of her Kingdome and courts temporall she evermore authorised not one alone but divers and sundry aswell temporall as Ecclesiasticall persons for the execution thereof Which manner of The ecclesiasticall commission commanded by the Bishops if it please the King may be enlarged unto all parishes wherin are godly preaching Ministers commission because the reverend Bb. commend the same and avow that it would do more good if it were more common it cannot but seem to be a most gratefull thing unto all good men especially unto those reverend Fathers if humbly wee beseech the king that his highnesse would be pleased to make it more common And therfore in the behalfe aswell of the reverend Bb. as of all the learned and grave Doctors and Pastours of every Church we most instantly
they joyntly should not execute the discipline of Christ viz. excommunication and other censures of the Church in every parish within his kingdome If it bee answered that in this case the Presbyter alone doth excommunicate is it not as if one should say that the executioner doth give judgement when at the commandement of the Judge he smiteth off the head or casteth downe the ladder or may not as much be said for the execution whereof we speak that the Pastor only should excommunicate when by vertue of his office with the consent and not by the prescript of the elders associated unto him he should declare and pronounce the partie to be excommunicated but let it be granted that Rowland Allen denounceth the lesson which is written in the paper for him to read yet it is 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 hee pronounceth them contumaciter absentes and in poenam contumaciarum suarum hujusmodi decreeth them to bee excommunicate and are not all these necessarie parts incident to the execution of discipline by excommunication And how then can the Minister bee said 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 meerely voide Againe the Act being done as it were uno puncto ac uno halitu and Rowland Allen and Doctor Hone having their commission from the Archdeacon in solidum how can their judgement be divided Furthermore to say that Rowland Allen doth excommunicate by the authoritie of Doctor Hone were to overthrow the intendment of the article Because by the scope of the article it is plaine that the presbyter to be associated to the officiall must only derive his authoritie from one who hath taken Ecclesiasticall orders But those orders Doctor Hone never tooke otherwise Rowland Allens presence had been unnecessarie and superfluous And therefore if the excommunication bee of any validitie then is discipline by excommunication in the Church of England exercised partly by our lay-Elder as they call him and partly by one Ecclesiasticall Elder wherein againe it is worthy the observation for the matter we have in hand that D. Hone a meere lay and temporall man hath authoritie from the Archdeacon to call and associate unto him and to prescribe R. Allen a Presbyter and an other mans hireling Curate in Southwarke to excommunicate not only the Parochians of an other Pastors charge but any other Pastour whatsoever subject to the Archdeacons jurisdiction And hath not the Kings highnesse then as good right as great a priviledge and as high a Prerogative to command Master Doctor Andros or Master Doctor King and lay Elders by a lawfull election to be associated unto either of them to excommunicate either of their owne parishioners for publike drunkennesse or other notorious sinnes committed in their owne parish For if it be lawfull at the voice of a lay stranger that an hireling and stipendarie Curate should chase an other mans sheep out of his owne fold how much more is it it lawfull that a true shepheaâ—d should disciplinate his owne sheepe feeding and couchant within his own pasture and within his owne fold Furthermore touching the admittance of governing Elders or lay Elders as they call them unto the Minister of every congregation according to the former pattern of one lay Elder that the same is not a matter so strange for lay men to bee joyned in this charge Lay men appointed by the Queenes injunctions to execute some part of discipline of ecclesiasticall government as the opposites beare us in hand to bee it shall not be amisse to call unto their remembrances one of our late Soveraigne the Queenes injunctions whereby certaine lay persons called overseers were commanded to be chosen by the ordinaries in every parish for the better retaining of the people in obedience unto divine service In every parish saith the Injunction three or foure discreet men which tender Gods glory and his true religion shall bee appointed by the Ordinaries diligently to see that all the parishioners duely resort unto their Church upon all Sundayes and holydayes and there to continue the whole time of the Godly Service And all such as shall be negligent in resorting to the Church having no great or urgent cause of absence they shall straightly call upon them and after due admonition if they amend not they shall denounce them to the Ordinarie Thus farre the injunction Which that it is not meant of the Church wardens appeareth by the very next article for unto them as is assigned an other name so also another office That sidemen also are not these kinde of overseers is plaine in that they be neither so many in number as are here required neither chosen by the Ordinaries neither yet doe they admonish and denounce according to this article Wherefore because it is meet that the effect of this injunction being religious should be put in due execution it seemeth a thing very reasonable and much tending to the honour of the King that his Highnesse under his letters patents would bee pleased to appoint three foure or more discreet and faithfull persons in every Parish not only to performe the effect of this article but also generally to oversee the life and manners of the people that without great and urgent causes they resort not unto Typling-houses or houses of evill note and suspected fame and that upon the Sabbaths they use no heathenish dancing about their disguised May-poles And after due admonition if they amend not to denounce them to the Pastor of the place For then might the Pastor Book of the form of ordeining Priests be encouraged to give his faithfull diligence as at the time of his ordination he solemnly promiseth unto the Bishop alwaies to Minister the Doctrine and Sacraments and Discipline of Christ as the Lord hath commanded by which words inserted it the booke there is a plaine and open confession made by all estates in Parliament that Christ hath not only established discipline but a certaine forme of discipline in his Church and that the pastour to whom Every Minister ought to minister the discipline of Christ in his owne cure by consent of Parliament the care and charge is committed to teach the people ought to minister the same discipline For it had beene a very absurd part for the Parliament to appoint the Bishop to receive a promise from the Ministers to minister the discipline of Christ if Christ had not instituted a discipline or that the same discipline which he instituted had not in their judgements belonged unto the Minister And therefore this very letter of the booke convinceth the whole answer made unto the abstract touching this point to be very erroneous frivolous and impertinent to the point in question For
Bishop then having these two severall and distinct offices imposed upon his person the one by divine the other by humane Law the one humane and Episcopall the other without pomp and pastorall there ariseth from thence this question by which of those two functions hee may lawfully I meane according to Gods Law minister the Doctrine Sacraments and censures of Christ If it bee answered that it is lawfull for him by vertue of his Pastorall office to minister the doctrine and Sacraments and by force of his humane Episcopall office to minister the censures of Christ then is not the answer fitted to the question the same being made à bene conjunctis ad male divisa For the censures of Christ as well as the doctrine of Christ being simply of divine ordinance it must follow if his Episcopall power be onely of humane right and pastorall power be onely of divine institution that the censures may bee ministred by authority derived onely from man but the doctrine and Sacraments by power derived onely from God Which commixion of divine and humane right in the execution of the ordinances of God can no manner of wayes be sound pure and sincere and therefore also can not be pleasing unto God For no more can the censures of Christ to the pleasure of God be lawfully administred by the authoritie of any one whose function is of man and not of God than could the sacrifice of God bee offered by one who was a priest of man and not of God Now that humane Episcopality or Bâ—shoppisme in the Church of England is authorized and deduced from Lordly Episcopality authorized only by the Law of the Realme the power and Law of man viz. of the King and Realme alone is evident as well by the donation and endowment of the Bishoprickes founded by the Kingly Prerogatives of the Kings of this Realme as by the erection and establishment of the new Bishopricks of Chester Gloucester Bristoll Peter borough and Oxford with their Cathedrall Churches Seas Cities meeres and bounds of those humane Bishops for the exercise of their Episcopall administration according to act of Parliament authorizing the Kings Highnesse to make Bishops by His Letters Patents Nay further that humane Episcopall Note that King Henry the eight by letters Patents made Bish therefore c. 31. H. 8. c. 9 jurisdiction within the meres and bounds of every Diocesse within England is meerely of humane and not of divine institution appeareth by that power and authority which the King hath in translating and dissolving of Bishopricks in conserving Episcopall jurisdiction sometimes to such persons as be no Bishops as did William the Conqueror when hee gave Episcopall power to the Abbot of Battaile and lastly by the very manner and forme of the nomination licence of Election and authority of investiture confirmation and consecration of Archbishops and Bishops established by the more positive Law of the Realme But if it bee answered 25. H. 8. c. 20 that the Bishop by his humane Episcopall power doth minister the Doctrine Sacraments and discipline of Christ then is the case worse with him than it was before because then not onely the Discipline of Christ but also the doctrine and Sacraments of Christ should bee ministred by that authority which is of humane institution Besides the answer should be untrue because the Bishop at the time of his consecration doth not receive any authority to preach the Word and minister the Sacraments for that authority was then committed unto him when first he was ordained to be a Presbyter But the authority which hee receiveth at the time of his consecration is to correct and punish such as bee unquiet disobedient and criminous within his Diocesse Whereby once againe is that confirmed which was erst said viz. That Episcopall power in England is not of divine but of humane institution Especially for that by the Scriptures it can not be proved that there bee two severall and distinct formes of ordinations the one called consecration proper to a Lord Bishop for the exercise of Discipline the other called ordination peculiar to a Pastor or teaching Elder for the ministration of the Word and Sacraments Whereunto lastly may bee added another maine reason that Episcopall power in If the Lord Bish have power to minister disâ—ipline by divine right then no more can he commit that his power to an other than he can commit the power which hee hath of preaching to another England to minister the Discipline can not therefore bee of divine institution because if it were of divine institution the Bishop 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 than hee can depute them or any of them to minister the doctrine and Sacraments 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 Bishop For the proofe hereof we shall not need to search any other authenticall record then the precept and the practice before intreated of For it is not said in the precept that the Presbyter being armed with authority from Christ but it is said that the Presbyter being armed with authority from the Bishop or Archdeacon shall denounce the sentence of excommunication the practice also of Doctor Hone every way confirmeth as much For therein Doctor Hone doth not challenge to be an Officer unto Christ but he saith that he is the officiall of the venerable Archdeacon of Surrey and that Master Rowland Allen Presbyter by vertue 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 neverthelesse he is a mediate officer depuâ—ed to his office by an immediate officer unto Christ viz. the Lord Bishop or Archdeacon then wee reply and say First that the Lord Bishop and Archdeacon be neither immediate or mediâ—te Officers appointed by Christ to bee ministers of his discipline Secondly if they were immediate officers from Christ that yet they have no authority by the Law of Christ to transfer their right or any part thereof to an other person in their name or by their authoritie to excommunicate As for these words viz. In Dei nomine Amen nos Iohannes Hone or nos Roulandus Allen c. sometimes used in their scedule of excommunication it is but a prophaning of the holy name of God whereby they make themselves guilty 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 Bishops humane Episcopall power yea or no. But now on the other side because no divine censure can lawfully be executed in the Church by that authority
which is of humane institution if it be answered that the Bishop by reason Whether L. Bishopâ— by pastorall authority may excommunicate a Pastor of his pastorall power which he is said to have over all the Pastors and people of his Diocesse may lawfully not onely minister the Word and Sacraments but also the Discipline of Christ unto them all then it followeth that by a Pastorall power one Pastour may bee a Pastour of Pastors which is against the Scriptures and contrary to the brotherly and fellow-like authority which is common to all Pastors under the Sunne and betweene whom touching their Pastorall functions there is to this day by the Scriptures as little superiority and as great a paritie as ever there was betweene Apostles and Apostles betweene Prophets and Prophets or betweene Evangelists and Evangelists and as at this day there is betweene Bishops and Bishops betweene Archbiâ—hops and Archbishops or betweene Patriarkes and Patriarkes yea and as is between Earles and Earles Dukes and Dukes Kings and Kings Emperours and Emperours For no greater superiority or preheminence hath any one Pastor over the person or function oâ— an other Pastour touching the administration of any thing properly belonging to either of their pastorall functions than hath one Pastors over small flockes are as truly pastors as pastors over great flocks As great paritie betweene pastors pastor as between Apostles and Apostles Emperor over the person or function of an other Emperor or one King over the person or function of an other King or one Lord Biâ—hop over the person or function of an other Lord Biâ—hop or one Archbiâ—hop over the person or function of an other Archbishop or than had one Apostle over the person or function of an other Apostle Nay then hath one eye over an other eye one hand over an other hand one arme over an other arme or one foot over another foote And therefore if touching the functions which Pastors either among themselves have in common one with the other or which they have over their flockes there be no disparity but that the Pastors to whom small flockes are committed doe as really and as truly participate of the nature of true Pastors as those great Pastors doe upon whose great shoulders great burthens are imposed it behoveth great Pastors to prove unto us by the holy Scriptures that by the institution of their great pastorall function they have their power so enlarged as that thereby they may preach the Word minister the Sacraments and excommunicate and that on the other side the little Pastours have their power by the institution of their petie pastorall offices so streitned as whereby they may only preach the Word and administer the Sacraments but not excommunicate it behoveth I say great Pastors to bee able sufficiently to shew unto us these things out of the holy Scriptures or else it seemeth to stand with reason and equity deduced from the same Scriptures that a Pastor over a few should have like power to teach and to governe a few as a great Pastor over many hath to instruct and to rule many Marry if they thinke that onely great Pastors bee true Pastors and that great powers spirituall bee onely true powers spirituall then let them also conclude that onely great Knights be true Knights that onely great Dukes be true Dukes that onely great Kings be true Kings and that onely great principalities temporall bee true principalities temporall Which conclusion if they shall judge to be conclusionlesse because King Rehoboam had Not only Kings of great kingdomes but also Kings of small kingdomes bee true Kings as large a Patent to feede and to commmand two Tribes as King Salomon his Father had to command and to feede twelve or as the Archbishop of Yorke may suppose himselfe to have over nine or tenne Counties as the Archbishop of Canterbury can have over nine and thirtie or fortie then me thinketh it a matter very reasonably of them to be confessed that all true Pastors whether they be great Pastors or little Pastors may lawfully exercise all manner of such true power spirituall as unto true spirituall Pastors by the holy Scriptures doth appertaine For if Bishops being great Pastors may therefore preach and minister the Sacraments because they be as they say true Pastors then also may little Pastors therefore excommunicate because they bee as the Scripture saith true Bishops Wherefore if the Lord Bishop of London by vertue of his Pastorall office as he thinketh which with his brethren the other Pastors of his Diocesse he hath in common deriveth unto him immediately from the Word of God may lawfully excommunicate then the Pastorall office which Master Doctor Andrews hath over the people of his Parish of Saint Giles without Creeplegate and the Pastorall function which Master Doctor White hath over the people of Saint Dunstones within Temple-barre being as absolutely and as immediately deduced unto them out of the same word what proofe can bee made out of the word that the Bishop being not Lord Pastour of the Pastours of his Diocesse may lawfully by the word excommunicate all manner of offenders both Pastors and people within his Diocesse and yet neverthelesse that neither Master Doctor Andrewes and Master Doctor White by the same word may excommunicate any one of their Parishioners at all Nay further what reason can there bee afforded from the Law of God that Master Doctor Abbot Deane of Winchester that Master Browne Master Barlow and diverse other Prebendaries in the Church of Winchester having certaine parochiall and Pastorall Churches annexed to his and their Deanry and Prebendes and Master D. Grey in his Parish by their pastorall functions should have absolute authority unlesse it bee during the time of the L. Bishops trienniall visitation to exercise the discipline of Christ within their severall and peculiar Churches and yet notwithstanding that neither Master Richman nor Master Burden being both of them grave godly and learned Pastors should have at any time any pastorall authority to exercise any censure at all And as it is in the Churth of Winchester so is it in the Church of Pauls in the Church of Salisbury and in well nigh all the Cathedrall and Collegiall Churches throughout the Realme The Deane Prebendaries and Canons having certaine parochiall Churches exempted from the Bishop within their exempt and peculiar jurisdictions by meere Pastorall authority for Episcopall authority by the Lawes of the Church have they none may exercise all manner of spirituall censures and that as well by their substitutes as by themselves Nay Rurall Deanes in Cheshire c. use some part of Episcopall power Episcopall power to excommunicate granted by papall priviledges or prescribed use Power to excommunicate if it be of divine right may not be prescribed which is more in Cheshire Lancashire Yorkeshire Richmondshire and other Northern parts there be many whole Deanries exempted from the Bishops jurisdiction wherein the Deanes and their substitutes have
nor only the probate of Wills and granting of administrations but also the cognisance of Ecclesiasticall crimes with power to use the Ecclesiasticall censures Yea and this authority of the execution of Ecclesiasticall censures have those Deanes either long since by some papall priviledges obtained or else by long use prescribed against the Bishops Whereby againe it is cleerely convinced that Episcopall excommunication used in the Church of England is not of divine Institution but only by by humane tradition For were it of divine right then could the same no more bee prescribed or by papall immunity bee possessed than could these Deanes prescribe power or be enfranchised to preach the word or to administer the Sacraments These things have we thus at large and more fully intreaâ—ed of to the end that the Kings Highnesse and His Parliament and all sorts of people might well understand how it is not altogether an unusuall and unaccustomed thing in the Church of England that private and inferiour ministers as they call them in their owne right and in their owne parochiall Parishes without any authority from the Bishop should exercise even the highest censure of the Church And that in sundry places of the Realme there is no preeminence in the matter of the execution of the censures attributed to a Bishop above a Minister Nay which is more than is attributed to a Bishop No more prcheminence given to a B than to a Minister or to a lay man in some places for the use of excommunication above a Lay man yea than to such a lay man who is authorized onely by a lay man to his office Which is evident by Ecclesiasticall jurisdiction and censures exercised a long time by Lay men in the peculiar jurisdictions of Newton Gronbie Anstie Soke of Rothely Evington and other parishes and Hamlectes in the Countie Leycester The Officers of all which places for their spirituall authority having not had any other warrant than such only as hath beene signed sometimes under the hand and seale of the right Honourable the Earle of Huntingdon deceased sometimes of the Honourable Sir Henry Grey Knight sometimes of Henry Skipwith Esquire and sometimes of others For the avoyding therefore of sundry intolerable inconveniences which hetherto hath ensued for want of that authority which the Law setled doth enable every Minister with It is most expedient that all humane authority in the execution of spirituall censures bee utterly taken away and that the divine and Evangelicall censures of Christ bee ministred in every Congregation where learned and godly Pastors with discreet Elders may bee had as from the minde of the Lord they were executed in the Apostolicall and Primitive Church I had almost forgotten to speake of one common and usuall kinde of jurisdiction spirituall in the use of the censures of the Church by the Archbishops which in cases of their Prerogative they have prescribed against the Bishops over the Presbyters and people of every Bishops Diocesse and Archdeacons jurisdiction within their provinces of one other common and usuall kinde of pretensed spirituall jurisdiction and use of the censures which the Archbishop and sometimes the Deane and Chapter sede Archiepiscopali or sede Episcopali vacante exercise and lastly of that spirituall kinde of jurisdiction and censures so called of the Church which Suffraganes and Archdeacons have and doe use As touching which supposed spirituall power both of the Archbishops and Archdeacons because the same their power doth not only belong unto them jure consuetudinario non scripto by unwritten and not by written Law I must conclude against the jurisdiction of the Archbishops Prerogative and against the Archdeacons jurisdiction in all cases as out of St. Cprian King Henry the eighâ— concluded against the Pope viz That their authorities can not bee from Christ Because Christ said ego sum via veritas vita He never said ego sum consuetudo Touching the jurisdiction of the Deane and Chapter the papall Law being abrogated how the same may lawfully now bee used otherwise than by sufferance and consent of the King and Realme I know not But of all spirituall authority exercised at this day in the Church of England the same seemeth to draw most neare to the semblance of the government practised by the Apostles and Primitive Church And might be approved in many points if so be the Deane â—nd Chapter being as it were a Senate of preaching Elders did no more commit the execution of their Ecclesiasticall juridiction to the wisdome of one Vicar generall or principall officiall than they doe put over the leassing of their Lands or dividents of their rents to the only discretion of one of their Bayliffes or Stewardes As for Bishops Suffraganes in England and in Wales how many there may be and what Cities and Townes are to be taken and accepted for their Seas it is at large expressed in a statute made for the nomination of Suffraganes By which statute also wee are given to understand that it remaineth onely in the disposition and liberty of every Archbiâ—hop and Bishop within this Realme c. to name and elect two honest and discreete spirituall persons being learned and of good conversation and them to present unto the King by their writing under their Seales making humble request to give to one such of the said two persons as shall please His Majesty such title name stile and dignity of Bishop of such Seas specified in the said act as the Kings Highnesse shall thinke most convenient for the same so it bee within the same Province whereof the Bishop that doth name him is Besides after such title stile and name given by the King it is said that the King shall preseâ—t every such person by his Letters Patents under his great Seale to the Archbishop of the same Province wherein the Towne whereof he hath his title name stile and dignity of Bishop and that the Archbishop shall give him all such consecrations benedictions and ceremonies as to the degree and office of a Bishops Suffragane shall be requinte It is further enacted and provided that every person nominated elected presented and consecrated according to that act shall be taken accepted and reputed in al degrees and places according to the stile title name and dignity that he shall be presented unto and have such capacity power and authority honour preeminence and reputation in as large and ample manner in and concerning the execution of such Commission as by any of the said Archbishops or Bishops within their Diocesse shall bee given unto the said Suffragane as to Suffraganes of this Realme heretofore hath beene used and accustomed And that no Suffragane made and consecrated by vertue of this act shall take or receive any manner of profits of the places and Seas whereof they shall be named nor use have or execute any jurisdiction or Episcopall power or authority within their said Seâ—s c. but onely such profits jurisdiction and authority as shall
they undertake and whose glory they advance to bee a friend unto their friends and an enemie unto their enemies And if our Nobles and our Commons bee all hushed if they bee all at sleep at peace and at rest wee may cast away all feare and bee past all doubt that the King can not but holily recreate and solace himselâ—e and that his gray haires whensoever they shall come shall never bee brought to the grave in sorrow but in a good and perfect age and peace But happily it may be replyed that some of our Nobles and most of our `` Commons be so backwardly affected of the truth of Religion Pag. 79. as that rather they would turne head upon the Gospell than Pag. 79. brooke an alteration of Archiepiscopall Episcopall and Archidiaconall Church governement In deed if a reformation of the state of the Clergie were attempted by any other meanes than by publike tractation and consent of Parliament I could not but leane unto this opinion that the attempting thereof might bring an overthrow to the attempters Because the same attempt should be dishonourable to the name of God as being contrary to the forme of doctrine received But since things amisse are required to be redressed by the King and Parliament alone this objection is altogether vaine and frivelous and is already sufficiently convinced by that peaceable agreement betweene Nobles and Commons before remembred But let us wade a little deeper and search a little more narrowly into every veine creeke and corner of this supposition And let us see by what manner of persons this pretensed overthrow of the Gospell might bee wrought All carnall sensuall and earthly men either whose belly is their No feare that prophane men will overthrow the Gospell god or whose God is this world all such men I say as in every age be of Domingoes religion namely just and jump of that religion which the King and State professe they are so farre from attempting ought to overthrow the Gospell as under the shadow of the name thereof they will evermore croud and cover their carnalitie and prophannesse For they being evermore of every religion and so indeed of no religion and passing not whether our Saviour Christ or Beliall be their God sing as the Poet singeth Ais Aio Negas Nego beck and bow cap and knee to whatsoever the State and Law commands If the King be a Gospeller the Gospel the Gospel and naught else but the Gospel shall be found to roule in their mouthes But let the Crowne once turne by and by they have turned their Coates and as weaher-cocks with every puffe of winde are huffed about Whatsoever order or manner of government bee planted or displanted in the Church the same shall bee no corosive to them It shall never sticke in these mens stomacks neither will they lay it to their heartes The King and the Counsell is wise enough and know what they have to doe well enough They will not bee more forward nor wiser than the Prince they will not checke and controll the whole Realme They cannot brooke these busie bodies and medlers in matters above their reach They will bee none of these new fangled and precise fooles they will not be backward and come behinde the law as the Papists doe neither will they be too forward and runne before the law as the Puritans doe But they will behave themselves in all things and at all seasons as discreet and politike Protestants ought to doe conforming and submitting themselves alwayes to all order and authoritie of the Queenes booke and lawes setled Yea and though they be not booke learned nor any pen Clerks yet they believe well And therefore they will goe to the Church and say a few prayers yea and they will receive the Sacrament at Easter as devoutly as the best precisian of them all All these Atheists and godlesse men being neither hot nor cold neither fish nor flesh nor good red herring plant what plants you will and sowe what seeds you list yea make what ditch hedge pale wall or sence you please they set cocke upon hoope and passe not a button for it every season be it wet or be it dry every kind of land be it clay or be it sand every surrow be it broad or be it narrow be it deepe or be it shallow pleaseth these medley coates alike They are like unto Iacobs Ewes which having straked and party coloured rods laid before them in the gutters at a ramming time brought forth none other but party coloured Lambes And therefore they will never stir hand nor foot nor once step over a straw to worke any Admonitory protestants by their owne doctrine ought not to binde the Church to a perpetuall goveâ—nment of prelacie least annoyance to the Gospell It is good sleeping alwayes for these men in a whole skinne And not much unlike to these party coloured sleepers are the admonitorie protestants For they as the dutie of faithfull subjects doe bind them living in a state of the Church reformed and having libertie in externall government and other outward orders to choose such as they thinke in wisedome and godlinesse to be most convenient for the state of their countrey and disposition of the people and having the consent of their godly Magistrates to that outward forme of jurisdiction and deciding of Ecclesiasticall causes these kinde of protestants I say alwayes blowing out the trumpet of obedience and crying an alarum of loyaltie to every ordinance of man and gravely wisely and stoutly demeaning themselves against all the giddie heads and fanaticall schismatikes and wrangling spirits of our age dare not I trow slip the collar nor cast off the yoke dare not push with the horne nor wince with the heele against the Gospell If so bee by the authoritie of our Christian King with the consent of his Parliament the platforme of govern as he saith devised by some of our neighbour Churches but as we and they themselves confesse practised by the Apostles and Primitive Church might bee received and established to be the best and fittest order of governement for the Church of England as well as it hath been a long time and yet is of Scotland and of most of all other Christian Churches For if it be too great a bridle of Christian libertie as they say in things externall to cast upon the Church of Christ a perpetuall commandement and if the Church have free libertie to make choise of what government soever she 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 tyed still to retaine Archiepiscopall Episcopall and Archidiaconall governement though for a long season the same have beene used For that indeed might well and justly be said be too to great a bridle of Christian libertie when by necessitie there is cast upon the Church such a perpetuall regiment of prelacy as may
intreate our most gracious Soveraigne Lord the Kâ—ng that where in any parish there shall bee found a learned preaching Minister resident upon his benefice that there be would be pleased by his authoritie royall under the broad Seale to enable him and some other godly and faithfull Knights Esquires Gentlemen Citizens Borough-masters or other chiefe men of the same parish to execute spirituall justice against drunkards adulterers swearers railers and such like ecclesiasticall offenders inhabitants only within the same parish For in this case we say as the reverend Bishops say bonum quò communius eo melius If any exception should be taken or challenge made scoffingly and with scornfull termes against these lay parochians as hereto fore hath beene used against lay-Elders or lay-Aldermen No exception to bee taken against lay Elders to be authorized by the king in every parish sithence the King authorizeth lay-Elders in ecclesiasticall commission as they call them let him that taketh such exception advise himselfe well and remember before he speake that in speaking he controle not the policie the practice the wisedome and the authoritie of our late Queene deceased and of our Soveraigne Lord the King now raigning who authorized and doth authorise lay men to bee Ecclesiasticall commissioners Which kinde of lay men or lay Elders as they call them that they have joyned in the exercise of the chiefest censure of the Church viz. excommunication with Ecclesiasticall persons hath beene already proved by the sentence of excommunication pronounced against E. by Master W. and his associates whereof divers were lay men Againe if one lay Elder dwelling at Winchester may call and associate unto himselfe one Ecclesiasticall Elder dwelling at S. Georges in Southwarke to excommunicate any parochian or Minister subject unto the Archdeacon of Surrey in what parish soever of the same jurisdiction the partie shall dwell if it be lawfull I say for every Ordinarie to joyne one lay Elder and one Ecclesiasticall Elder Discipline of excommunication exercised by one lay Elder and one Ecclesiasticall Elder together in commission the one to pronounce sentence of contumacie the other to denounce sentence of excommunication for every spiritual contumacie committed within his jurisdiction what reason can any man pretend why it should not be much more lawfull for the King by his Royall authoritie to appoint a learned and preaching Pastour with the assistance of some companie of faithfull inhabitants of the same parish to exercise all manner of spirituall justice within their owne parish If the King shall stand in doubt whether any Discipline by excommunication bee exercised after this and this manner in the Church of England then to put his highnesse out of all doubt hereof may it please the King to consider the precept of the reverend Bishops made in their convocation together with the practice of the venerable Archdeacon of Surr. following The precept is this Vnusquisque Vicarius generalis Officialis seu Commissarius qui ordines ecclesiasticos non susceperit eruditum aliquem presbyterum sibi Arriculo pro Clero c. de buibusdam circa excom excessib coercend 1584 accerset associabit qui sufficienti authoritate vel ab ipso Episcopo in jurisdictione sua vel ad Archidiacono presbytero existente in jurisdictione sua munitus idque ex praescripto judâ—cis tunc praesentis excommunicationis sâ—ntentiam pro contumacia denunciabit Every Uicar generall Officiall or Commissarie which hath not taken upon him ecclesiasticall orders shall call and associate unto him some learned Presbyter who being armed with sufficient authoritie from the Bishop in his jurisdiction or from the Archdeacon being a Presbyter in his jurisdiction shall denounce and that by the prescript of the judge present the sentence of excommunication for contumacie Now the manner of the practice of this precept ensueth in D. Hones practice of the Bishops aâ—â—icle these words 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. pronuncia verimus contumaces ipsoque c. excommunicandos fore decreverimus Cumque discretus vir magister Roul Allen presbyter eosdem omnes singulos subscriptos ex officio nostro excommunicaverit in scriptis justitia id exigente vobis igitur committimus c. quatenus eos omnes c. sicut profertur ex officio nostro mero excommunicatos 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 and Archdeacon of Surr. to all and singular persons c. greeting Whereas we otherwise rightly and lawfully proceeding all and singular whose names are under-written in not appearing before us or at least-wise in not satisfying our mandates have pronounced contumacious and decreed them to be excommunicated And whereas also the discreet man M. Rowland Allen presbyter one of our office hath excommunicated all and singular under written justice so requiring wherefore wee charge you that openly you denounce and declare them and every of them so as aforesaid out of our office to bee excommunicated Given under the seale of our officialitie The 19. day of December 1587. By this practice it doth appeare that Doctor Hone and Rowland Allen canvaced many poore men very piteously and that this poore curate Rowland Allen had a warm service to attend upon D. Hone and to jerk those whose points soever hee shall untie But because this precept was an article concluded upon by the reverend Bishops 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 justly be spoken against the incongruitie thereof Only this without offence to the reverend Bishops wee may safely demand sithence every ordinarie whether he be a Bishop or a Presbyter by this article of their owne device hath such an absolute power resiant in his person as that thereby thorowout his whole jurisdiction he may thus commit the execution of Discipline by excommunication partly to one lay person and partly to one ecclesiasticall person partly to a supposed spirituall elder and partly to a Lay elder sithence I say this is so we may safely demand what reason they can produce to hinder the King from having authoritie to command three or foure The K. hath as good right to command excommunication to be exercised by a Pastor Elders as the Bb. have to commit the same to a Curate one lay Elder or if occasion serve five or six lay elders as they call them and one spirituall pastor being a true spirituall elder in deed all lawfully chosen ecclesiasticall Officers in the house of God that