maruailously wounded grieued and molested and that the soules of the people are therby not gouerned at all but left at randon to their owne direction hauing no guyde to conduct them euery one may euydently discerne dispensations in that behalfe to be altogeather intollerable hauing no ground nor foundation of reason equity or lawe but onely graunted for the priuate gayne and lucre of some couetous vaine glorious persons Wheras it may be answered that the statutes of the Realme licensing diuers Ecclesiasticall persons qualified either by degree of schoole or by seruice vnto nobilitie ought more to be respected in this behalfe then the reasons of the Canon law Herevnto I answere that for my part I heartely desire and pray vnto God that these lawes might be respected and that the law of Englande might rule an English man in this case But alas our lawes are bels without clappers they are founded but they sound not they are bandes but they binde not For thogh by the statutes of the realm certain noble mens chappleines and others graduated in the Vniuersities be qualified made capable of dispensatiōs yet I deny the laws of this realm to approue any maner of dispēsations tollerable at al for any kind of these qualified men vnles the same be Frst in cases of necessity for the peace of the cōmon weal Secondly in cases of conueniency for the honor of hir highnesse person and lastly warranted by the holy scriptures lawes of god For though the statute make some men fit men for the Archb. to work vpon and as it were anuiles for him to strike vpon yet the same statute imposeth no necessity for the B. to work without the word But if it be lawful by the word then by the law he may if he wil. But if it be vnlawful by the word thē he may not thogh he would The law followeth Be it enacted that neither the king his heires and successors kinges of this realme nor any of their subiectes of this realm nor of the kinges dominions shall from thence foorth sue to the sea of Rome or vnto any person or persons hauing or pretending any authoritie by the same for licences dispensations impositions faculties grauntes rescriptes delegacies instruments or other writings of what kind name c. for the which any licence dispensation composition faculty graunt rescript delegacie instrument or other wryting heretofore hath ben vsed and accustomed to be had and obtayned at the sea of Rome or by authority therof or of any prelate of this realm nor of any maner of other licenses dispensatiōs compositions faculties grauntes rescriptes delegacies or any other instruments or writinges that in cases of necessity may lawfully be graunted without offending holy scriptures lawes of God but that from henceforth euery such licence c. aforenamed mentioned necessary for your highnes your heires or successors your their people and subiects vpon the due examination of the causes qualities of the persons procuring such dispensations licenses c. shal be granted had obtained frō time to time within this your realm other your dominions not els where in maner and form following no otherwise that is to say the Arch. of canterbury for the time being his successors shall haue power authority frō time to time by their discretions to giue grant dispose by an instrument vnder the seal of the said Archb. vnto your Maiesty and to your heires successors kings of this realm as well all maner such licenses dispensations faculties grants rescripts delegacies instruments all other writings for cases not being cōtrary or repugnant to the holy scriptures lawes of God as heretofore hath ben accustomed to be had obtained by your Highn or any your most noble progenitors or any of yours or their subiectes at the sea of Rome or any person or persons by authority of the same al other licences dispensatiōs faculties c. in for vpon al such causes matters as shal be conuenient and necessary to be had for the honor surety of your highnes your heires successors and the wealth profit of this your realm so that the said Archb. or any his successors in no maner wise shall graunt any dispensation licence rescript or any other writing afore rehearsed for any cause or matter repugnant to the law ofalmighty god This act is renued 1. Elizab. Prouided alwaies that this act nor any thing or things therin cōtained shal be hereafter interpreted or expounded that your grace your nobles subiects intend by the same to decline or vary frō the congregation of christ his church in any thing concerning the verye articles of the catholique faith of Christendome or in any other thinges declared by holy scripture and the word of God necessary for your and their saluations but onely to make an ordinance by policie necessarye and conuenient to represse vice and for good conseruation of this Realme in peace vnitie and tranquilitie from rauyne and spoyle In which Act is set foorth vnto vs what great care and circumspection our auncestors in the twilight of the Gospel had for the abolishing of corruptions the establishing of a sincere gouernment both in the Church and common weale and how diligently and faithfully they prouided that no maner of dispensatiōs licenses or immunities shold be had or obtayned but in cases of necessitie in cases not contrary or repugnant to the lawes of God in cases wherin the wealth profit peace and conseruation of the realm requireth in cases conuenient for the honor safety of the kings person with a due confideration alwaies of the causes qualities for the which of the persons to whom any licence or immunity shold be granted And therfore out of this statute first I conclude thus against plurified men 1 Whatsoeuer cause or matter is repugnant to the law of God the Archb. may not dispence with the same 2 But the matter of hauing many benefices or being Non residents is repugnant to the laws of God 3 Therfore the Archbish may not dispence with the same Againe 1 Whatsoeuer is not necessary for the wealth peace profite and conseruation of the realm the same by this statute is forbidden 2 But that one man should enioy by way of dispensation from the Archbish liuings appointed for many men is not necessary for the wealth peace profite and conseruation of the realme 3 Therefore the same is forbidden by this statute Lastly 1 Whatsoeuer is not conuenient for the honour and safety of hir highnes person the same by this statute is forbidden 2 But it is not conuenient for the honor and safety of hir highnes person to haue the Archbish disspence for many benefices 3 Therefore by this statute the Archbish is forbidden to dispence c. THe Minor proposition of the first syllogisme hath beene already sufficiently prooued by manye in fallible conclusions of Lawe and vndoubted truethes
gouerment and not vppon the worde of God and that the lawe before was contrary yea and is contrarye still where noe suche custome hath beene so prescribed I conclude that in the beginning it was not so and therefore contrary to the commaundement of God and therfore vnreasonable and therefore no custome but a corruption Euerye custome must be lawfully prescribed The second property of euery good and laudable custome in the Church is that the same be rightly and lawfully prescribed otherwise it shall loose the nature of a custome and be of no force to binde And to such a custome these two thinges are necessarily requyred Glos extra de consuetud c. cum quanto First the same must be begun Sciente illo qui ius potest condere With the knowledge and consent of him that hath power to make a law Secondly it must not be Contra neruum ecclesiasticae disciplinae libertatem ecclesiae Against the ioyntes and sinewes of ecclesiasticall discipline and liberty of the Church Touching the former we are first to consider the state and condition of Pope Boniface whether he as a lawfull king gouernour or ruler had power and authoritie to inact and publishe a law in the Church of Christ or no For had he no authoritie to make a law in the Church of Christe then by the foresayd maxime it followeth that he had no authoritie to confirme or establish a custome Now it is manifest that the Popes kingdome is an vsurped kingdome that his power is not lawfully deriued vnto him by the word of the Lord that it is a kingdome more opposite and altogeather contrary to the kingdome of Christ that it proclaymeth doctrines against the doctrines of our Lord Christ that it vrgeth traditions against his commaundements that it inuenteth new sacrifices and disanulleth his onely and all sufficient sacrifice that it is externall and consisteth in outward pompes rites and ceremonies whereas the kingdome of our Lord Christ is spirituall and consisteth in the renuing the inner man If then there be such diuision and dissention betweene these two kingdoms because of the diuers gouernments of these two kinges I terme the Pope a king onely in respect of his vsurped kingdome the one gouerning his subiects by the sword of the spirite the worde of God the other gouerning his adherents by the inuentions of men and traditions of his owne braine it standeth vs the faithfull seruaunts and subiects of the Lord Christ in hand that as we are exempted by his grace and power from the bondage of our enemy so to exempt our selues also frō acknowledging any power to bee in his aduersary to make a lawe or to establish a custome for vs to be ruled gouerned by And as the papist to manifest his obedience to the Pope will affirme this custome to bee avayleable in the gouernement of the popishe churche and to bee good as brought in by the knowledge of their King the Pope so it standeth vpon our allegiaunce and fidelitie to our King Iesus Christ not to confesse this custome to bee commendable but as it is so to account the same altogether corrupt as beeing not brought into the Church with the knowledge of the same our King who hath only power to make a law in his Church but rather foysted in by the power of an vsurper contrarye to our saide King his expresse will and commaundement In deede if our Byshops and other Church gouernours were popish bysh acknowledged the Pope for their general superintendēt and that he had power to make a law they might then seeme to haue some reason by alleadging this custome for their defence neither could I then deny the vse and authority thereof vnto them But the case standeth otherwise with them Our Byshops pretend thēselues to bee enimyes vnto the Popes vsurped power they would bee no maineteyners of his authority they confesse not him to haue power to make a law they account and repute him to be meere Antichrist Yea our Byshops are ministers of the Gospell they are dispensers of the worde of God they bee Legates from the Lord Christ to declare his good pleasure to his people And therefore the state of our question is otherwise and standeth thus namely whether a custome begun and continued in the synagogue of Antichrist with the knowledge of him that in that synagogue had power to make a Lawe bee a good and a laudable custome for the Church of Christ being begun continued without the knowledge of the Lorde Christe And whether the ministers of the Gospell may safely challenge the vse or benefite of any such custome in the ministery of the Gospell or no Whereunto I aunswere and that by Lawe negatiuely For making the Kingdome of our Lorde Iesus Christe and the ministery of his Gospell to bee as it is indeede a Kingdome of power and grace and to bee a Kingdome opposite and contrary to the kingdome of Antichrist I say that there can be no custome brought into his Churche nor practised by the ministers of his Gospell vnlesse the same bee broughte in by the knoweledge and consent of their Lorde and King Iesus Christe who onely hath power to make a lawe for them to be gouerned by And that therefore vnlesse it may be iustified that this custome namely that one shoulde excommunicate alone was brought in with the knowledge and consent of our Lorde Iesus Christe I say that by Lawe this custome is a voide custome And therefore I conclude thus 1 Euery custome begunne and continued in the Church of Christe without the knowledge and consent of Christe who onely in his Churche hath power to make a Law is no custome lawfully prescribed 2 But this custome namely that one should excommunicate alone is begun and continued without the knowledge and consente of Iesus Christe 3 Therefore this custome is not lawfullye prescribed And agayne That this custome namely that one shoulde excommunicate alone is agaynste the force of ecclesiasticall Discipline and the liberty of the church and therefore not auaylable I prooue as followeth 1 Whatsoeuer is agaynste the policye of the Churche of Christe instituted by God for the wholesome administration and gouernment thereof the same is agaynst the force and power of ecclesiasticall Discipline 2 But this custome namely that one shoulde excommunicate alone is agaynste the policy of the Churche of Christe instituted by God c. 3 Therefore this custome is against the force of ecclesiasticall discipline THe firste Proposition is playne and euidente from the definition or discription of ecclesiasticall Discipline defined to bee Christianae Ecclesiae politia à deo illius vectè administrandae gubernandaeque causa instituta The pollicy of the Church of Christ instituted by God for the good administration and gouernment of the same So that whatsoeuer may bee sayde to bee contrary or repugnaunt vnto this forme and manner of Christian pollicy the same consequently may bee affirmed to bee contrarye and
minister such men are altogether vncapable of such offices For CONSVETVDO c. A Custome cannot giue authoritie vnto priuate persons to excommunicate neither to degrade or depose neither yet to arest Cleargie men or bodily to chastice them De offic Archid. c. cum satis Extra de elec c. transmissa De cleric co◅ c. cle 10. lib. 6. Touching the statute made in 37 yeare of Henry the eight that al singular persons as well laye men as those that were then or shoulde afterward be marryed beeing Doctors of the Ciuile law lawfully create and made in any vniuersitie maye lawfully execute and exercise all maner of iurisdiction and all Censures and coertions appertaining or in any wise belonging to the same First I aunswere that the same is but a law of man and therfore by man may be abrogated Secondly that as it was made in a corrupt time so in truth the statute in that poynt is corrupt and ought therefore in the same point to be repealed For though the same statute in some respect establishe and confirme vnto the king and his successors and so vnto our most gratious soueraigne Ladie the Queenes maiestie that now is lawfull preeminence power superioritie and Lordship ouer all persons within hir Dominions of what state or condition soeuer touching punishment for any heresies errours vices schismes abuses idolatries hipocrisies and superstitions springing or growing by meanes of any hir disobedient and disloyall subiectes so hath hir maiestie by hir iniunctions published that hir highnesse did neuer pretend any title or challenge any authoritie to punnishe any of hir subiectes for any of the sayde offences by censure Ecclesiasticall in right belonging to hir royall person but that hir highnesse meaning and intent is and alwayes hath beene to commit the execution thereof alwayes to the Ecclesiasticall state of hir time Hir Iniunction is as followeth The Queenes maiestie beeing infourmed that in certaine places of the Realme sundry of hir natiue subiectes beeing called to Ecclesiasticall ministerie in the Church be by synister perswasion and peruerse construction induced to finde some scruple in the forme of an oth which by an act of the last Parliament is prescribed to be required of diuers persons for the recognitiō of their allegiance to hir maiesty which certainly neuer was euer mēt ne by any equity of words or good sence can be thereof gathered Woulde that all hir louing subiectes should vnderstand that nothing was is or shal be ment or intended by the same oth to haue any other duty allegiāce or bond required by the same oth then was acknowledged to be due to the most Noble kinges of famous memorye King Henry the eight hir maiesties father or king Edward the sixth hir maiesties brother And further her maiestie forbiddeth all maner hir subiectes to giue eare or credit to such peruerse and malicious persons which most sinisterly and maliciously labour to notifie to hir louing subiectes how by the wordes of the sayd oth it may be collected that the kinges or Queenes of this Realme possessours of the crowne may challenge authoritie and power of ministerie of diuine offices in the Church wherein hir sayde subiectes be much abused by suche euill disposed persons For certainly hir maiesty neuer doth ne euer will challenge any other authoritie then that was chalenged and lately vsed by the sayd noble kinges of famous memory king Henry the 8. and king Edward the sixth which is and was of auncient time due to the imperiall Crowne of this realme that is vnder God to haue the soueraigntie and rule ouer all manner persons borne within these her realms Dominions and Countreis of what estate either ecclesiasticall or tēporall soeuer they be so as no other soueraigne power shall or ought to haue any superioritie ouer them And if any person that hath conceiued any other sence of the form of the said oth shall accept the same oth with this interpretation sence or meaning hir maiestie is well pleased to accept euerye such in that behalfe as hir good and obedient subiectes and shall acquite them of all maner penalties contayned in the sayde act against such as shall peremptorily or obstinately refuse to take the same oth By which Iniunction we may euidently perceiue that as the Lord hath restored vnto hir maiesty the scepter of iustice and iudgement ouer all persons within hir Dominions and reunited the gouernment ouer the ecclesiasticall state to hir highnes crowne and dignity so hir maiesty remembring the Lords goodnes towardes hir mindeth nothing lesse thē hereby to cōfound the two principal offices in his church viz. magistracie ministery but leaueth them still distinguished as by his word he hath prescribed challenging vnto hir selfe as chiefe magistrate nothing els but power to commaund both that the true ministery be duly executed by men lawfully called thervnto and also that hir lawful magistracie may be aduaunced in all thinges according to his word Wherin we see hir maiesty both in respect of hir sex and in respect of hir ciuile office vtterly to haue refused to take this part of the ministery vpon hir as wel as she doth abstaine from ministring the Sacramentes or dispensing the word by publike preaching She contenteth hir selfe with the authority limited vnto hir by the word of God ouer the bodies goodes liues possessions of hir subiects she challengeth no power ouer their soules as by excōmunication to deliuer them to sathan If any person whatsoeuer shall offend against any law statute or custome of this Realme whereby he may incur any bodily punishment she thinketh it sufficient for hir by hir processe to summon him before hir tribunall seate and vpon his triall to haue in hir name iudgement pronounced against him for the breach of hir highnes lawes whether the same consist in losse of life goods landes promotions or whatsoeuer And as touching ecclesiastical coertion if any of hir people deserue to be punished by the ecclesiastical ministery hir highnes demandeth no other soueraignty then to cōmaunde the ministery to exercise the discipline of the Church againste the offenders as by the lawes of God they are cōmanded and in case they of the ministerie shal be herein remisse negligent then to punish them with such paines as either by hir lawes is prouided or by hir wisdom shal be thought expedient in that behalf for the contempt of hir gratious cōmandemēt neglect of the Lords seruice In which diuersitie of punishments the diuersitie of the offices of magistracie and ministery doth manifestly appeare Magistracie hauing euermore regarde to the bodye and outwarde man but ministery alwayes to the soule and inner man The magistrate punisheth with bodily chastisemēt the minister with spiritual discipline neither doth th one hereby derogate frō the other or any whit weaken the other but rather ech one strengthneth fortifieth the other For the mind brought in frame by discipline frameth the whole body to a more holy obedience so that
the magistrate therby hath lesse trouble in his office the common weal more florisheth in peace and prosperity Which difference were it well weighed without cauilling thorowly marked would soone decide this controuersy For hereby the former statute touching the exercise of ecclesiastical discipline by Doctors of the ciuile law meere lay men would clearly appeare to haue been made in a time wherein the truth was not so manifested as now it is For if euery man ought to confesse that it is vnlawful by the word of God for a king and Potentate no minister of the Gospell to excommunicate and so consequently vnlawfull to execute the office of a minister euerye man ought much more to confesse that authoritie giuen by man to a kinges vassall no minister of the Gospell to excommunicate and so consequently to execute the ministers office is an authority giuen vnto man againste the lawe of God and therefore both the lawe speedely to be repealed and the abuse in the meane time to be refourmed And therefore I conclude against that statute thus from the greater to the lesse 1 Whatsoeuer is vnlawfull for the king a lay man to exercise in the Church of Christ the same is vnlawfull for euery of his vassals a laye man to exercise 2 But it is vnlawfull for a king a laye man to exercise Ecclesiasticall discipline in the Church of Christ 3 Therefore it is vnlawfull for a Doctor of the ciuile law a kings vassall and a lay man to exercise the same BVT suppose this statute might in some respect be some excuse to Doctors of the Ciuile law ignoraunt of the word of the Lord yet thereby it followeth not that the bishops may in like sort be excused as wel for that they can not pretende any such ignoraunce they knowing the same to be against the word and not therefore to be practized as also for that they bee not precisely commaunded by the sayde statute to constitute and ordaine Doctors of the Ciuile lawe no ministers of the Gospell to be their Commissaries or officials but they may them selues if they will either reserue and keepe vnto them selues exercise iurisdiction and minister iustice by themselues or els depute such men vnto those offices as by law are capable of iurisdiction and may execute ecclesiasticall discipline according to the word of God I meane onely ministers of the Gospell But suppose againe that by force of this statute bishops were absolutely commaunded to ordaine Doctors of the Ciuile law to be their onely Commissaries and officials and that all sentences of excommunication and other ecclesiastical coertions exercised by the sayde Doctours meere laye men were good and duely and rightly ministred by force of this statute and so the Byshops by that meanes exempted from all iust reprehension in this behalfe yet what can be aunswered concerning the proceedings iudgementes executions and censures pronounced by meere laye men no Doctors of the ciuil law Bedell at Liechfield Liche at Chester Chippindale at Leicester Langeford at Bedford Glasier at Oxenford Greene at Glocester before they were Doctours of the ciuill Lawe mere lay men Talentine at Northhampton a meer lay man executed ecclesiasticall coertion discipline a long time Saye at Winchester Babyngton at Lichfield Hudson Dethick in the County of Yorke bishoppricke of Durham meere laye men no Doctors of the ciuile lawe execute and exercise Ecclesiasticall iurisdiction and all censures and coertions belonging to the same at this day And though it may be aunswered that some of these no Doctors were or be Deacons and so Cleargie men and therefore no laie men I reply though they were or be in deed Deacons and so one kinde of Cleargie men that they can not therefore excommunicate c. De regni iuris li. 6. ea Ea quae fiunt a iudice quae ad eius officium non spectant viribus non subsictunt Whatsoeuer things be done of a Iudge belonging not to his office the same thinges are of no force For let vs put the case that some Archdeacon or Chauncelor and yet no bishop had ordayned some man to be a Deacon pronouncing wordes apt to the giuing of such an order whether such a one be a Deacon I answere no because power to make Clearkes doth not belong to the order of priesthood vnlesse the ordayner be a Bishop Or suppose that a Bishop had graunted one an hundred dayes of pardon for some good worke that he had don whether this graunt by law be good Truely no. Because it belongeth to a Bishop onely to giue forty dayes of pardon and not an hundred In like manner I conclude though some in authoritie exercising ecclesiastical censure be Deacons yet notwithstanding that their sayde censure is in lawe no censure as a thing not belonging to the office of a Deacon but onely to the office of a minister There remayneth yet one other obiection namely that excommunication is not vsed as an Ecclesiasticall but rather as a ciuil punishment Whereunto I answere that such mē speak altogeather without book that by law they shal neuer be able to iustify their assertiō And vndoubtedly whosoeuer shal account excōmunication to be a ciuile punishment the same man is shrewdly to be suspected to be a priuie and subtil enemie vnto the Church for therby he excludeth all kind of punishmente from the Church And I include vnder Excommunication Suspension Interdiction and admonition For if Excommunication bee Ciuill then are these also ciuill and if these bee ciuill then what is Ecclesiasticall But such men by vndermining the Churche to mayntayne their owne corrupt abuses require some sharper medicine of pure ecclesiasticall Discipline to heale their vnciuill behauiour and therfore that excommunication cannot be a ciuill punishment I prooue this from the discription thereof ij q. 2. nihil §. euidenter ij q. 3. nemo Excommunicatio est extra cōmunionem ecclesiae separatio vel censura ecclesiastica excludens a communione fidelium vel est aeternae mortis damnatio Excommunication is the seperating a man from the communion of the Church or a censure ecclesiasticall excluding from the fellowship of the faythfull or it is a condemnation of eternall death And this kinde of excommunication is called the greater excommunication There is also another excommunication called the lesse excommunication and the same onelye seperateth a man from the receiuing of the sacramentes Moreouer excommunication is sayde to bee Paena animae mucro spiritualis A punishment of the soule and a Spirituall sworde By which discriptions it is apparaunt that both the greater and the lesser are belonging to the soule and conscience onely and therefore spirituall and therefore no ciuill punishment And therefore I conclude thus 1 No spirituall punishment is a ciuill punishment 2 But excommunication is a spirituall punishment 3 Therefore it is no ciuill punishment For euery ciuill punishment is eyther Poena pecuniaria or corporalis ff de pub iudic l. a punishment by
otherwise then that there hath but little good growen to the Common weale hitherto by the bishops and Cleargie men in the Administration of Ciuill iustice And that therefore such as haue written or spoken or preached againste Ciuill iurisdiction in the Eclesiasticall state haue done it for two vrgent and waightie considerations Friendes of reformation friendes of the queenes maiesties prerogatiue First not to encounter hir maiesties prerogatiue as it is falsely supposed but to teach their Lorde and maisters truth They haue not doone it in disobedience to hir crowne but in obedience to their God They know it is better to obey God then men and therefore they haue laboured faythfully by the worde of God to perswade hir maiestie and the estates of the Realme that these offices ought not by the Lawe of God to be resiaunt in one person and therefore hath exhorted hir maiestie and them in the name and feare of God to vse hir prerogatiue and theire authorities to the seuering of them Secondly they haue preferred the generall welfare and commoditie of the common weale before the vnlawfull honours and promotions of priuate men They know by learning and haue prooued by experience what detriment maye insue to the Common weale when offices are committed to men ignoraunt of such duties as belong vnto their charge A man that hath spent all the dayes of his lyfe in the studie of Grammar or Oratorie and hath alwayes taught the same were a very vnfit man at the age of threeschore yeares to be made a publique Keader in Phisicke or Law and yet notwithstanding to remayne a Schoolemaister still Expedit reipublicae vt quisque officio suo fungatur It is expedient for the Common weale that euery one execute his owne office And I am of opinion that the friendes of reformation are greater friendes and mayntainers to and of hir highnesse prerogatiue then the others be For they ascribe vnto hir maiestie indeede truth and veritie that which the others do but in worde shew and semblaunce onely They earnestly desire and craue that as hir highnesse hath beene annoynted and Crowned by the Lord him selfe Queene and gouernesse ouer them and as she is their naturall and onely lawfull Ladie and Mistresse and as she hath the name title and stile of supreame and chiefe ruler ouer all persons in all causes So likewise the causes now accōpted Ecclesiasticall beeing meere Ciuill shee might in deed truth and veritie haue all and all maner of iurisdiction executed in hir maiesties owne name as well in Courts and iudgements nowe reputed Ecclesiasticall as in other hir maiesties Courtes temporall whereby hir Ciuill gouernement might be more enlarged Which thing the abettours of reformation perceiue now to be otherwyse Forall summons actes proceedinges sentences decrees and iudgementes in all causes and controuersies determinable before Archbishops Bishops and Archdeacons are begunne continued and ended in the Archbishops bishops Archdeacons their Commissaries or Officials names stiles and dignities without any relation or mention of authoritie gyuen unto them as proceeding from hir maiestie then the which there can not seeme anye thing more preiudiciall to hir state Crowne and dignitie For be it that they be created Archbishops and Bishops by hir highnesse and inuested into their seas at hir Graces commaundement yet this argueth no greater prerogatiue belonging vnto hir maiesty ouer them then such as she hath ouer hir other subiectes whom she createth Barons or dubbeth knights But as concerning common and ordinarie iurisdiction in causes reputed Ecclesiasticall they haue no letters patentes from hir maiestie conuaying vnto themas from hir royall person any power ouer hir subiects to heare and determine their causes in hir highnesse name and vnder hir gouernement Onely they execute such iurisdiction as by popishe constitutions or popish customes hath beene heretofore annexed to their Archbishopprickes bishopprickes and Archdeaconries and that by an vtter enemy to hir royall person state and gouernment B. L. to his colleague Comissioners In so much that some of them by Letters hath signified vnto their Colleague Commissioners that common and ordinarie authoritie in causes ecclesiasticall chiefly and almost onely belong to them selues and their officers And that commissions from hir maiestie for reformation in matters ecclesiasticall graunt onely an extraordinarie authoritie And that therefore the sayde Commissioners haue not to heare matters of instance and such as requyre iudgement of lawe for that such causes belong onely to them selues and their officers whereby they haue insinuated hir maiestie to haue no common or ordinarie authoritie in causes ecclesiasticall as they them selues haue Whereas all other courts within hir highnesse Empyre as leetes courtes Baron courtes of regarde courtes of Forrestes I leaue to speake of hir highnesse owne Courtes at Westminster all liberties and franchises all parkes and free warrens belonging to any of the Nobilitie Gentrie or any Citie or borow of this Realme haue euer had their beginninges and establishmentes by the gratious fauour of the Kinges of this Realme as from whose prerogatiue such dignities and immunities ought franckly to proceed and by whom onely they haue beene graunted Onely oure Church gouernours challenge not their authoritie as from hir sacred seate of iustice and princely throone but they challenge their authoritie as a power belonging to their owne seats deriued from an vsurped and forren power 17. pag. ◠28. Henry c. 16. The statute made that euery Archbishop and bishop of this realme and of other the kings dominions may minister vse and exercise all and euery thing and thinges pertayning to the office or order of an Archbishop and bishop with all tokens ensignes and ceremonyes therevnto belonging and that all Archdeacons and Deanes and other hauing offices cures and dignities spiritual may by authoritie of this act and not by vertue of any forren power or authoritie administer vse and exercise all things appertaining to their dignities offices orders cures religions felowships and may lawfully hereafter vse all tokens ensignes and ceremonyes which they haue beene accustomed to vse in times past so it be not expresly against the lawes of God and this Realme This statute I say hauing beene the rule of our Archbishops and bishops consciences for their gracinges there Lordinges there vsheringes their kneelinges there tastinges their cupbearinges and such like improoueth no whit any part of the force of the former assertions but rather confirmeth and fortifieth the same First the statute hauing relation onely to tokens ensignes and ceremonies accustomably administred vsed and exercised before the making of the statute all which beeing Antichristian and therefore expreslye against the lawes of God are plainely by this statute abrogated and therfore ought no more to bee administred vsed or exercised For though the Kinge the peeres and commons at that time not instructed in the vnlawfulnesse of them did not holde and repute them to be againste the lawes of God and therefore did not specially abridge any particuler
rites ensignes and ceremonies c. yet now foras much as we are certaynely infourmed that they bee altogeather Antichristian and therefore expresly against the worde of God we maye and ought to vrge the generall intendement of the statute generally to take them awaye Secondly were not the foresayde popishe rites ensignes and ceremonyes Antichristian and expresly against the lawes of GOD and therefore by this braunche of the statute might bee ministred vsed and exercised yet notwithstanding it is manifest that the sayde rites ensignes and ceremonies haue not beene appoynted by the prerogatiue of anye of the Kinges of this Realme but haue beene transferred from Italye vnto Englande by a forren and vsurped power and therefore by the seconde braunch of the statute as thinges authorized contrarye to the Lawes of the Realme are not anye more to be vsed or exercised In the time of King Henry the seconde we haue seene before that this priuiledge was graunted to Archbishops and Bishops that they shoulde holde their possessions of the King as a Baronie and shoulde be present in the Kinges courtes as other of his Barons If in these dayes they did sitte them selues in their owne Consistories and exercise gouernement by the lyke authoritie their Courtes happely woulde not be so contemptible as they bee nor their iudgement seates so abused as they are The people woulde be better quyeted in those places and offer lesse iniurie to the magistrate then now they doe And therefore I conclude that though hir highnesse and the lawes indirectly and as it were alatere tollerate these men to rule and gouerne according to those forreigne lawes whereof they haue the execution yet the more faythfull and loyall euery subiect is the more he should and doth contende to haue the whole and entyre gouernement of the Church and Common weale directly immediately and absolutely to spring from hir highnesse as from the heade and fountaine vnder Christe of all gouernement to be executed amongest hir subiectes In dooing wherof they shall dutifully and Christianly more and more mayntaine hir prerogatiue The Emperour forbidding Ecclesiasticall men to vsurpe Ciuill offices lost no whit of his imperiall prerogatiue ouer the subiectes yea rather hereby he openly declared the magnificence of his Empyre and the absolute authoritie he had ouer them and that as well by forbidding things not to be doone as by commaunding thinges to bee done Enemies of reformation enemies vnto hir maiesties prerogatiue For though he spoyled them of vnlawfull preeminences yet he enriched them with lawful liberties I know not the inward intent and meaning of such as mislike to haue ciuill gouernment translated frō Archbish Bish and Archdeacons vnto the ciuill magistrate But if I may speake that which may shrewdly be suspected they may seeme to be greater enemies to hir highnes prerogatiue then others be For though outwardly in wordes they seeme to graunt vnto hir all libertye in the disposition of ciuill offices whervnto the others do likewise agree and condiscende yet they seeme in deede to be loath she shoulde drawe the sword of hir prerogatiue cut a sunder the coards of their cōsistories They graunt hir authoritie to make them selues iustices of peace and ecclesiasticall commissioners and so wage law for hir prerogatiue An easie matter for them to stande in plausible to flesh and bloud their outwarde man delighteth with outwarde pompe and credit But suppose the case stood between the Archb. Bish and Archd. and hir maiesty for hir prerogatiue in abolishing their iurisdictiō trāslating the same to others that the matter were to be decided by the gretest part of their own voyces that their voyces were to be giuen in scrutiny not any waies to be knowen who had giuē his voice with or against hir prerogatiue in this case I feare me rather then their Lordeshippes shoulde take the foyle they woulde lay hir prerogatiue in the dust selfe loue woulde haue a strooke and fleshe and bloud woulde be loath to loose any liberty The history of Henry the fifth and the Oration of Henry Chychuby Archbishop of Caunterbury made in the Parliament house to alienate the Kings minde and to disswade his Nobles from the enterprise whereof hee and they had consulted touching the ouerthrow of irreligious houses and to draw their endeuours to make warre and to leauie an armie against the French king might be a forcible argument to anye to perswade him selfe the same thing in this case though he had no other reason to induce him therevnto But the vnciuill intreaty of hir highnesse owne schollers elected by hir gratious commaundemement from Westminster to hir owne Colledges in Cambridge and Oxenforde euen by such as would seeme in words to set vp mightie propes vnder hir prerogatiue argueth manifestlye the same thing For otherwise hir maiesties schollers in all respectes as well qualified as their owne and alwayes elected halfe a yeare before their owne might once in the space of twenty foure yeares though not for their owne sakes yet for their honorable Lady and mistresse sake haue receiued some more fauourable intertainment and preferment in those houses then hitherto they haue done The maisters of those houses woulde not haue placed them next vnto the screene and set them next vnto the Porters lodge as by elections vnto fellowships in the one schoolerships in the other they a long time haue doone Whereas on the contrary side it is apparantly knowen that sometimes the Dean of Christ church in Oxenford a great friend to reformation and a man for his excellent knowledge and wisedome in gouernment singularly commended euen by his enemies in these small matters gaue an apparant and rare example of his humble dutie and loyaltie vnto hir highnes For the reuerent estimation he had caryed of vnto hir highnes ordinance and institution he placed a scholler sent thither by hir maiesties appointment firste and senior vnto all those that were elected into the house at that time he him selfe brought the same hir scholler to his chamber and placed him in a Chamber and studie commonly appoynted for the ancients of the house all his owne schollers were inferior vnto hirs and placed beneath hirs Since the departure of which man if the Audite or butterie bookes of that house were sought you shall finde hir schollers names written alwayes in the latter ende of the booke the last of forty and placed after his scholler whom hir highnesse but the day before had preferred to be a Deane or prebendary in that house The Deanes schollers they goe and sit and are placed foremost the prebendaries in the middest and hirs hindermost and if they were to go a procession as in the time of popery hirs must go foremost as vnworthiest to go next to the crosse And because hir maiestie sometimes by hir letters heretofore requested the Deane and chapiter to receiue into hir Colledge such as she thought meet to be placed Now forsoth to preuent hir bountifulnes