something to be recalled backe from their fantasticall breaches of the lawfull vnitie and vniformitie of this church too long by them vsed to the great animating of the papist and that none of his priuate hot apologies for them do giue anie sufficient colour of law or equitie to protect them dooth now thinke he shall be sufficientlie therfore reuenged by beating back one naile with another and by obiecting breach of lawe also vnto those graue Fathers whome hir Maiestie hath put in authoritie for reducing of others to conformitie of hir lawes ecclesiasticall Whose faults and ouersights if any such be as are supposed as they are not by themselues defended or by others to be excused so in christian charitie ought they not in this manner as Cham did his fathers nakednesse to be laid open and Quasi in scena insulted vpon to the thrusting through of religion by the sides of the ancientest learnedest and most godlie professors thereof Neither dooth it become euery triobolar mate thus couertlie to carpe either at hir Maiesties singular wisedom who with the aduise and assistance of hir renowmed wise Conncell hath made choise of those Fathers as hauing more integritie and sufficiencie than he is willing by any meanes to agnise or at the lawes of the land by parlement heeretofore established where they satisfie not his appetite not onlye disputing against them but ouer-ruling Quasi â—â—nsoria virga in what manner they ought to be altered according to his deepe iudgement or so dangerouslye to enforce so great innouation or yet so spitefully to sow seeds of dissention amongst the Great men of the land Which course of his if others should vpon this occasion begin to vse against himselfe and those whome hee so affecteth by setting downe out of their speeches preachings and writings grosse absurdities and dangerous errors in opinion and by theyr practise the vyolent breaches of sundrye lawes and statutes of this realme not committed vpon ignorance or frailtye but stoutly stood vnto and mainteined I do coniecture that both he and they would quicklye repent them for offering to put their matter to triall vpon such an issue But it is well knowne to children that although it is * 3. q. 7. c. quisine c. iudicet c. postulatus most conuenient for him to be free from blame who is ready to accuse or iudge another yet one mans fault is not any warrantise for another man to doo amisse and yet howe little hee hath found or effected of that which hee hoped for and Tanto cum hiatu promised the discourse following shall I hope in parte make manifest IN his Epistle to the Reader is pretended these paines of his cheeflye to haue beene vndertaken that By better execution of these lawes many and notable pointes of such controuersies as haue beene a long time amongst vs might more easilye and speedily by the same lawes he decided By which controuersies and contention about Reformation of Ecclesiasticall discipline and popish ceremonies he sayth The quiet and peaceable estate both of the church and common-wealth haue beene shrewdlye troubled and brought in hazard Surely though his wish of excommunication not to be inflicted by one alone would if it were expedient put some of them in a kinde of Paradise of obteining their souereigntie of seniors in euery parish the want whereof breedeth these threats of hazard to the common-wealth and which is the onely thing they meane by Reformation of ecclesiasticall discipline and the Helena which they contend for naie the popedome which they gape after as though no other course this now in vse being once abrogated could be taken or deuised but that yet can I not conceiue but their seniors which will sometime intermeddle vnder pretense of conscience or charitie with euery kinde of matter most ciuill euen to the reuersall of iudgements as is notorious where that consistorie is settled shall leese as much another way if all matters nowe handled in ecclesiasticall courts should * Pag. 234. according to this mans deuise as meere ciuill causes bee haled away from them vnto the temporall courts As for all the other points of the booke if this turbulent Tribune might of his absolute power inspire them with the life of lawes they would no more do good vnto his clients about their breaches or impugnings of the booke of Common prayer or for their hot skirmishing with the ceremonies of our church odiously by him termed Popish than 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or the smoke of a hot ladle would do good to a man that is hungrie And therefore herein he hath not otherwise than by tickling factious humors which are delighted to heare their betters girded any â—ot pleasured His brethren and neighbors for whose sakes hee hath atchieued this doutie peece of worke Another cause is alledged for the enterprise of this worke The defense of hir Highnes lawes How many of these by him brought are to be called in trueth hir Maiesties lawes in force remaineth to bee discussed But how agreeth this with that * Pag. 238. part of his booke where he calleth these hir Maiesties lawes and all The ecelesiasticall law popish to be abandoned and as a froth or filth to be spewed A contrarietie in the author out of the common-weale that hir Maiestie cannot gratifie hir capitall enimie so much as by authorising and practising his lawes that it were not a dodkin matter all the bookes thereof were laid on a heape in Smithfield and sacrificed in a fire vnto the Lord c. Such faults as these being 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 will seldome be wanting In multiloquio But I pray God send hir Maiesties lawes better patrones than such as in a published booke dare dispute against sundry of them father such for lawes as be not and which he himselfe in a generality dooth condemne and which fostereth and cherisheth manifest and wilfull breakers of hir Maiesties lawes in deed and also inueigheth bitterly against such as according to law and trust reposed in them by hir Maiesty do seeke to reforme and reclaime such offendors of lawe from their former contempts in despight of whom and in fauor of such wilfull law breakers all in this booke to haue beene written a man which hath but halfe an eye may easilie discerne and not In defense of hir Highnesse lawes as hypocriticallie is auouched neither yet for any Peace and prosperitie in the wals and palaces of Ierusalem which I praye God by other better meanes than this to grant to this church vnder the long peaceable and prosperous gouernement of our souereigne Ladye Elizabeth for his Christes sake Amen The Booke Pag. 1 2. WE read of some politike capteines of this our countrie that haue partlye vsed the arrowes shotte shorte at themselues against theyr enimies and partlye haue suffered them to sticke still to annoye theyr fyrst owners at the ioyning of the battell euen so our author is heere content verye politikely to alledge against vs the
to please woolues for he cannot please both them and the flockes of shéepe The * 2. q. 7. c. qui nec regiminis next likeneth not a prelat to a shamelesse dog onelie for not correcting the faults of his children but also for want of gouernement in himselfe and for not bewailing his owne sinnes That which followeth taken out of Augustine is appliable to all men as well as to prelats and sheweth how a doue that is a true beléeuer may be discerned from a rauen that is a filthie liuer * c. non omnis ibid. Not euerie one that saith Peace be vnto you must be listned vnto as though he were a doue the rauens are fed by the death of other things this qualitie the doue hath not which liueth of the fruits of the earth and therefore his diet is blamelesse The next is not found by any direction which he hath set downe but he might haue alledged the gospell for it speaking of salt that hath lost his taste The * c. in mandatis 43. dist place ensuing next is by him following onelie his glosse wrong quoted But if he thinke he may gather of that which the last glosse saith of a prelats dumbenesse in teaching which I haue shewed not to be alwaies coincident with preaching that euerie minister is thereby of necessitie to be a preacher I am to saie besides that which is spoken to the first section * Gl. in Cle. 2. de sepulturis verbo praelati that Vnder the name of a prelat the person of a church is not conteined The crimination and blame which he laieth vpon our chéefe prelats for admitting any into orders not enabled as he fansieth if otherwise they haue discharged their duties as I hope will easilie be answered when it shall please him to charge anie in particular Loco tempore congruis whereas being deliuered in this maner it cannot serue to helpe the matter but onelie to open the rankenesse of his stomach and by the contempt and obloquie of them to wound the common cause 17. Section Pag. 29 30 31. THe author being now come vnto the maner of making deacons and ministers in this church of England and pretending so good liking thereof that he cannot endure the least wrench aside in any small circumstance of it séeking also to mooue before he hath taught or shewed any breach of the said order and to the intent he might bréed further attention or else indignation in his readers he putteth on of a sudden Cothurnos tragicos and lostilie aduancing his spéeches swelleth in words like the Ocean Proijciens ampullas sesquipedalia verba The occasion of all this stirre is bréefelie this bicause When ministers are to be made it is an action wherof deliberate consideration is to be had and wherein when all is done as it is imagined that can be done yet in truth there is as he saith nothing so nor so done I doo casilie assent vnto him that a maruelous great care in so weightie an action ought to be had But that when all is done as it is imagined can be done yet nothing is so nor so done is An obscure riddle so deepe and inextricable a riddle for me to vnfold that I must confesse my selfe herein Dauus and not Oedipus except I should thus gesse considering the humor of the man else-where that though all prescribed were as exactlie obserued as might be according to the order there set downe yet is it not such a forme of ordering ministers as it ought to be If this be his meaning whie should he be so incensed against those who breake that which he himselfe misliketh Or whie dooth he thus terriblie exclame as though he would Inclamare coelum terram maria Neptuni against the breakers of an order either vngodlie or inconuenient By the waie it is to be obserued that the holie daies besides the sabboth he calleth Their owne festiuall daies intending as I gather by this contemptuous speech The authors nipping at hosie daies that the obseruation of all such daies is vnlawfull and that they are not commanded by hir Maiesties lawes but established onelie by the Bishops That other daies beside the sabboth may be commanded as festiuall by the chrstian magistrate the practise of the people of God though straightlie bound to the ceremoniall and iudiciall part of the obseruation of the sabboth as well as to the morall which alonelie we are tied vnto dooth sufficientlie teach vs. For besides that God who indéed is a law-giuer to vs and not to himselfe did command beside the sabboth manie festiuall daies and solemne times of holie assemblies ioy and rest to let passe their a Num. 28. 2. Paral. 2. 2. Paral. 8. Esdr 2. Isai 1. solemnities in the new moones or kalends bicause in them they rested from no kind of labour as namelie the b Exod. 12. passeouer the first and c Leuit. 23. Deut. 16. seauenth daie of swéet bread the feast d Leuit. 23. of first fruits the e Leuit. 23. Num. 18. Deut. 16. 2. Macca 12. feast of pentecost or of wéekes the feast f Leuit. 23. Psal 80. of trumpets the feast g Leuit. 23. Leuit. 16. Hier. 36. of expiation and the h Leuit. 23. Num. 29. Deut. 16. Neh. 8. feast of tabernacles diuers also were instituted and commanded to be kept by holie men as the i 1. Reg. 8. 2. Paral. 7. feast of dedication of the temple by Salomon at the k Esdr 6. dedication also by Zerobabell the feast of dedication l Macca 1. Iohn 10. of the altar vnder Iudas Macchabeus which being in winter is thought to be the same feast of Encaenia or dedication which Christ honoured with his presence in the tenth of Iohns gospell the m Iud. 11. feast of moorning for the daughter of Ieptha the n 1. Macca feast of fire the o Iud. 16. feast of Iudiths victorie ouer Holophernes the feast p Esther 9. of lots and the feast of victorie q Iosep li. 12. ouer Nicanor the king of Syrias generall capteine And if the lawfulnes to command such being granted it shall neuerthelesse be thought no such thing amongst vs to haue force of law as I haue heard it to haue béene more confidentlie than truelie auouched by some such are to knowe that both the statute 1. Eliz. cap. 2. dooth establish the said daies and that hir Maiestie authorised by the said act hath authenticallie ratified long ago by hir royall authoritie to be shewed both the fasts festiuall daies set downe in the bulgar kalendar prefixed before the booke of common praier Neither is this circumstance of a sundaie or holie daie spoken of in the bodie of the booke of The forme and maner of making and consecrating Bishops Corruption of the booke priests and deacons but in the preface onelie neither is it there spoken of other than of
ministrare quos curare deberet ne diuer simode inficeret eosdom moribus exemplo It is perillous for the people vnder him to whome hee ought to minister the Sacraments and whome hee ought to heale that he diuersly infect them not with his manners and examples for that Diluere aliena peccata non valet is quem propria deuastant He cannot put away other mennes sinnes whome his owne sinnes deuoure And againe Periculosum est decentiae ecclesiae in scandalo populari It is daungerous for the Decencie of the church to be in anie publike slaunder or offence Againe Malus praelatus dicitur lupus rapiens praedam An euil prelate is saide to be a wolfe 83. distine nihil 2. q. 7. Quinec rauening his praie He is said to be Canis impudicus propter defectum regiminis A shamelesse dogge for want of gouernement Hee is saide to be Coruus propter peccatorum nigredinem As blacke as a Rauen for the foulenesse of his sinnes Hee is saide to be Sal 2. q. 7. Non omnis infatnatus ad nihilum proficiens Unsauorie salt profitable for nothing Hee is saide to be Porcus A Swine Hee is saide to be 4 c. Dist in mandaris Glos lind de offic Archis pres c. fin v. canss Capo A Capon because as a Capon can not crowe no more can a dumbe Prelate preach And to conclude Praelatus qui in doctrina mutus est non est verè Praelatus cum officium praelati non exerceat c. A Prelate which is mute in teaching is not in trueth a Prelate in so much as hee exerciseth not the office of a Prelate Pag. 29 These Canons and Constitutions not contrariant or repugnant to the Lawes Statutes or Customes of this realme neither derogatorie to her Highnesse Crowne and dignitie and therefore authorized by Act of Palament ought to haue beene better knowen and better executed by our chiefe Prelates then by the space of these 25. yeares they seeme generally to haue bene But yet besides these former decrees lawes and ordinances and the seuerall reasons principles and maximes wherevpon they were first grounded there remaineth somewhat more behind diligently to be considered the which thing the more earnestly euery man shall rightly weigh the more may he be astonished A thing done in Israell at the doing whereof it is a wonder that the eares of the hearers tingle not and the very haire of the heads of the standers by stare not for feare least the Lord in his righteous iudgement should execute his terrible vēgeance vpon them Thus standeth the case some pastoral church or churches being destitute of a Pastor or Pastors to feede the people a solemne assembly and conuocation of the chiefest of the gouernours of the Church must be gathered together and that not in an angle of a poore country village but in the chiefest citie of the Diocesse and that not on a workeday but either on the Lords day or on some other of their owne festiuall dayes and that for no small matters or to no small purpose but euen to present and offer vnto the Lord an holy sacrifice and to call vpon his most holy name To present I say vnto the Lord a present meete and acceptable for his maiestie euen men meete to serue him in his spirituall warres and to be Pastors to feede his people with spiritual foode of his holy word men meete to take vpon them the most highest and most noblest callings that he hath appointed to the sonnes of men the office and dignitie of the preaching of his holy Gospell Pag. 30 This I say is the actien wherof deliberate consideration is to be had and whereof followeth a discourse and wherein when all is done as it is imagined that can be done yet in truth there is nothing so nor so done they doe but flatter themselues bleare the eyes of others and which is most execrable as it were mocke and delude the Lord to his face Well then let vs consider what is done herein In the time of that vertuous King Coward the firt an order and forme was appointed by act of Parliament for consecrating Archbishops and Bishops and for the making of Priestes Deacons and ministers Which statute is reuiued and the same order and forme approued in the right yeare of his most excellent raigne The words of the statute are these And that such order and forme for the consecrating of Archbishops and Bishops and for the making of Priestes Deacons Ministers as was set forth in the time of the sayd late King and authorized by Parliament in the fifth and fifth yeare of the sayd late King shall stande and be in full force and effect and shall from henceforth be vsed and obserued in all places within this Realme and other the Dutines maiesties dominions and countries The title of the booke is this Pag. 31 The forme and manner of making and consecrating Bishops Priests and Deacons And first to intreat of Deacons according to Ordering of Deacons the forme of the booke you shall vnderstande that in the order and forme of making Deacons three things principally are to be obserued First the qualities requisite to be in him that is to be made a Deacon Secondly the circumstances in making him a Deacon And thirdly the proper duetie and office belonging to him that is made a Deacon Touching his qualities they must be such as were requisite for the same First he must be a man of vertuous conuersation and without crime Secondly he must be learned in the Latine tongue Thirdly he must be sufficiently instructed in the holy Scriptures Fourthly he must be a man meete to exercise his ministerie duely Fiftly he must beleeue all the Canonicall Scriptures Sixtly he must be diligent in his calling Seuenthly he must be inwardly moued to that office by the holy Ghost And as touching the circumstances First he must be called Secondly tried Thirdly examined Fourthly he must be twentie one yeares of age at the least he must be presented by the Archdeacon or his Deputie Fiftly he must be made on a Sunday or holy day Sixtly he must be made openly in the face of the Church where must be an exhortation made declaring the duetie and office as well of the Deacons towards the people as of the people towards the Deacons Lastly touching the office committed vnto him it is First to assist the minister in diuine seruice Secondly to reade holy Scriptures and Homelies in the congregation Thirdly to instruct the youth in the Catechisme Fourthly to search for the sicke poore and impotent of the parrish and to intimate their estates names and places to the Curate that they may be relieued by conuenient aimes Pag. 32 The forme of ordering Priestes COncerning the making of Ministers not onely all those thinges before mentioned in the making of Deacons but other circumstances and solemnities are required also these demaunds and answers following must be made and giuen Bishop Doe
which the Lorde Christ hath commaunded which is vtterly vntrue as appeareth First and principally by the word of God Secondly by the discourses written betweene the learned on that behalfe Thirdly by the Discipline practized by all the reformed Churches and lastly by Maister Nowell his Catechisme commaunded generally by the Bishop to be taught vnto the youth of the Realme in all schooles of their Diocesse yet notwithstanding the Minister contrary to a vowe made by him at the commaundement of his Ordinarie appointed therevnto by lawe is very iniuriously dealt with for that he is not permitted to exercise any discipline at all our Bishops and Archdeacons challenging vnto themselues a principall prerogatiue to punish all malefactors within their seuerall iurisdictions An other reason that this statute hath appointed as well the discipline of Christ as the doctrine and sacraments to be ministred as the Lord commaunded onely and none otherwise is this namely for that this statute was made to reforme as well the disordered discipline vsed in the time of popery amongst the popish idolatrous Priests as it was to reproue their false doctrine and prophanation of the sacraments so that neither the one neither the other should be ministred by the Ministers of the Gospell for otherwise this braunch of the statute should ordaine nothing and so contrary to the nature of a lawe be Lex absurda an absurd lawe Pag. 37 And therefore what open wrong and intollerable iniutie is offered the Saincts of God and loyall subiects to her Maiestie calling for discipline at the chiefe Prelats hands commaunded by the Lord and in truth established by the lawes of her Highnesse Empire euery indifferent man may easily discerue It followeth in yâ— booke of making of Ministers Bishop Will you be diligent to frame and fashion your owne selues and your families according to the Doctrine of Christ and to make both your selues and them as much as in you lyeth wholesome examples and spectacles of the flocke of Christ Answere I will Bishop Will you maintaine and set forwards as much as lieth in you quietnesse peace and loue amongst all Christian people and specially amongst them that are or shall be committed to your charge Answere I will In the ende when he layeth on his hands he sayth to euery one be thou a faithfull Dispensor of the word of God and of his holy Sacraments And againe Take thou authoritie to preach the word of God and to minister the holy Sacraments Which action speeches of the Bishop are to be wel wayed and considered The words which the Bishop pronounceth Be thou a faithfull Dispensor c. Take thou authoritie to preach are wordes appointed him by the whole State to be pronounced What was it trowe you the meaning of all the States and Nobles of the Realme or was it our most excellent Soueraigne the Queenes Highnesse her pleasure to haue enacted by Parlement that a Bishop should commaund an Apothecarie not exercised at all in holy Scriptures and altogether vnable to teach to be notwithstanding a faithfull dispensor of the word of God and to take authoritie to preach Pag. 38 No no they very well knewe that the outward sound of the Bishops words in the eares of such a man could not worke any inward grace or giue any inward vertue to the performance of so high a calling or of so holy a function And therefore as it becommeth a true and loyall subiect I dare not for my part so dishonourably conceiue of their wisedomes much lesse I take it should the Bishop so disloyally abuse their credite and authoritie Was their intent and purpose trow you that the Bishop by these his demaunds and the Minister by these his aunsweres should not bind the Minister himselfe to performe by himselfe this duetie to preach but that the same should be done by a third person I trowe no. For my Maisters and Doctors of the Canon and Ciuill Lawe Burgesses in the house of Parlement knowe that Promissio facti alieni inutilis Institu de inuâ—tilistipu § si quis est quod si testator iusserit aliquem in certum locum abire vel liberalibus studijs imbui vel domum suis manibus extruere vel pingere vel vxorem ducere per alium id facere non potest quia haec omnia testatoris voluntas in ipsius solius persona intelligitur conclusisse A promise made of an other mans fact is vnprofitable and that if a Testator shall will any to goe to a certaine place or to be furnished with the liberall Sciences or to builde an house or to paynt a table with his owne hands or to marry a wife that he can not doe any of these things by an other man because the will of the Testator hath concluded all these things onely in his owne person Was their meaning that the Bishop pronouncing these words Pag. 39 Be thou a dispensor was their meaning I say by those words to haue the Bishop commit the office of reading homilies to a Minister or to iudge reading of homilies to be preaching No no Their proceedings appeare to be of greater wisedome knowledge iudgement discretion and godlinesse They appointed by the same their consultation three kindes of offices to be in the Church Deacons Ministers and Bishops appointing seuerally to euery officer his seuerall dueties and hath expresly appoy nted reading homilies to be the office of a Deacon For in the ordering of Deacono the Bishoppe by vertue of the Statute pronounceth these wordes vnto the Deacon It pertayneth to the office of a Deacon in the Churche where he shall be appoynted to assist the Prieste in diuine seruice and specially when he ministreth the the holy Communion and to helpe him in the distribution thereof and to reade holy Scriptures and Homelies in the congregation c. I take it and hold it for a principle that the Bishop hath no authoritie by his Lordship to alter or transforme an act of Parlement and therefore I take it that I may safely conclude without offence to his Lordship that he can not by law appoint any Minister to reade any Homilies in any Church Statute lawe is Siricti Iuris and may not be extended What will you then by law positiue barre reading of Homilies in the Church No. But I would haue the Law positiue obserued and so barre reading of Homilies from a Minister because the Law positiue hath appointed that office to a Deacon For it is not lawfull for one priuate man and fellow-seruant to transpose from his fellowseruant an office committed vnto him by publike authoritie Pag. 40 And it is verily to be thought the Bishop himselfe will challenge as much vnto himselfe by this statute from the Minister and plainly tell him that by this statute he alone hath authoritie to make Deacons and Ministers and to gouerne them and that therefore it beseemeth not a Minister to be ordered otherwise then according to the forme of the booke and no
such like Canons I say any whit impeach the truth of my former assertions First for that these latter Canons are directly opposite and contrarie to the ordidinance of almightie God And the Apostles saith the holie Scripture Act. 6. calling the multitude of the disciples togither said vnto them choose therefore brethren out from among you seauen men of good reporte c. whom we may appoint to this businesse and this speech pleased the whole multitude then present and they choose seauen c. Which ordinaunce of the Apostles whosoeuer shall thinke that the same may receiue a counterbuffe by an Angel comming from heauen much lesse by a Pope comming from the bottomlesse pit for my part I hold him accursed and so vtterly vnworthy the name of a Disciple Secondly the said Canons of Adrian plainely and in flat termes are derogatorie to her Maiesties prerogatiue royall and therefore by the statute of 25. Henrie the eight vtterly abolished Thirdly they are against the customes and statutes of the realme For by all the customes of the realme where any Maior Bayliffe Sheriffe or head officer of anie Borough towne or anie incorporation is to be elected or where any Knight of the shire any Burgesse any Constable any Crowner any Vergerer within any forâ—est and such like are chosen the same officers are alwaies chosen by the greatest part of such mens voices as haue interest in the action Pag. 62 And as touching the statutes of the realme it is likewise euident that they confirming the booke of King Edward the sixth and the Canons not preiudiciall to her Highnesse prerogatiue royall giue vnto the Prince nobilitie gentrie and other faithfull of the land an interest in choice and allowance of their pastours And who can be so void of reason or vnderstanding as to imagine that men renued with the spirit of wisedome in the gospell of Christ should be careful and diligent in the choice of discreet and wise men to be dealers for them in matters pertaining to this transitorie life and yet should be remisse and negligent what guides they approue of to conduct them in the waies of eternall life Or that they should be lesse prouident ouer their spirits and soules than ouer their bobodies and goodes Euery man whether he be in the ministerie or out of the ministerie contrarie to the blind popish distinction of Laitie and spiritualtie if he be a true beleeuer is the seruant of Christ and hath the spirit of Christ and in the choice of his pastour shall haue a spirit giuen vnto him to discerne whether the same be a man apt to teach or no. The confusion therfore so greatly feared by Popish idolatours is not once to be suspected amongest Christians They had cause to feare and be affrighted hauing put away faith and a good conscience But we haue boldnes with confidence to approch vnto our God who is able and will assuredly stay the rage of the people and finish our actions with a quiet and peaceable issue And thus much of the face of the church of the choice and consent of the people and Cleargie to be had in the ordering of Ministers Touching the Latine tongue required to be in euery Minister as the lawes haue alwaies had respect to a competent and sufcient knowledge therein so the Act of Parlement made the 13. Elizab chap. 12. hath fully and at large expounded the same and limited the knowledge thereof in these words Pag. 63 None shall be made a Minister vnlesse he be able to aunswere and render to the Ordinarie an account of his faith in Latine according to the said Articles And if any shall be ordained contrary to any prouision of that Act then is he no Minister at all And thus as briefly as I could I haue examined these words mentioned in the booke videlicet calling tried examined knowne qualities the face of the Church and the Latine tongue what meaning and signification by lawes in force the same wordes haue And also what order and forme our Bishops ought by Law positiue to haue vsed in making Deacons and Ministers and what credite and fidelitie her Highnesse and the whole bodie of our Church and common weale haue reposed in them for an orderly vpright and sincere disposition of these things Vnto which trust howe aunswerable their seruice and gouernement hath beene I doubt not but vppon their examinations they will approoue the same to haue beene faithfull iust and equall But by waie of supposition if any shall denie their fidelities to haue beene such as is pretended what remedie then or what is to be done then Heerevnto I aunswere since the perill happening vnto others through their negligences in time past is vnrecouerable that therefore the Lawe established against such excesses would be executed in time to come the punishment of one is a terrour to many and by feare of punishment a man is made good The summe and effect of which Lawe confirmed by Act of Parlement is this videlicet Tam indignè promouens quà m indignè promotus est deijciendus As well the man vnworthily promoting as the man vnworthily promoted is to be deposed Proofs and examples whereof are these In the chapter NIHIL EST EX DE PRAEBEND Order was taken as you haue seene before that not onelie men vnworthie should not be admitted to regiment of soules but it is also in that place prouided in case any thing shall be otherwise vnaduisedly attempted Pag. 64 that then not only the man vnworthily promoted but also the vnworthie promotour should be punished And againe it is Ex de aetate qualit c. penult decreed thus If they shall hencefoorth presume to ordaine any that are vnskilfull and ignorant which may easily be espied we decree that both the ordainours and the ordained be subiect to grieuous So. dist c ex penitentibus 51 dist c. aliquantos 1. q. 1. c. Si qui episc punishment Againe Qui ex certa scientia indignum ordinat aut deponitur aut priuatur potestate ordinandi He that wittingly ordaineth an vnworthie man is either to be deposed or depriued from power to ordaine Againe Si qui Episcopi c. If anie Bishoppe haue consecrated anie such Priest as ought not to be consecrated although in some sorte they escape infamie yet they shall not thencefoorth haue ordinations neither shall they euer be present at that Sacrament which they vnworthâ—ly haue administred Upon which decree and the word Ordinations the glose flatly concludeth Quod semper est veritas quod qui promouet indignum depositionem meretur That the truth euermore is this videlicet that whosoeuer promoteth an vnworthie man deserueth to be deposed Quia culpareus c. Because hee is culpable committing an order Glos in const Otho de scrâ—â— in ord faciâ—n c. 1. ver ab charge or office to such an vnworthie person And because hee is vnfaithfull communicating his ministerie vnto an vnworthie man to the hurt
Gospell For what though an Heretike by the iudgement of an hereticall Synagogue obtaine the roome of a sacrificer in the same Synagogue and hauing once obtained it may not be remoued from the same roome by the former rule of lawe Though this be true I say what auaileth it to confirme that a sacrificing Priest by vertue of his admission vnto the Synagogue ought to haue a place of ministration in the Church of Christ For though he were admitted in the one yet was he neuer admitted in the other And therefore it resteth firme that they ought not to haue bene admitted then when as the whole manner of the gouernment of the Synagogue should haue bene altered For as at that time their lawes were vnaduisedly translated from them vnto vs So by their lawes we might aduisedly haue transformed them from amongst vs. They were Schismatikes and Heretikes by the lawes of our religion and therefore not to haue bene admitted by the lawes of their owne profession Yea if they remaine Idolaters still or keepe backe from the people of God the word of God they are to be remoued still their ietting vp and downe in their square ruffling and white philacteries or mumbling their mattens and euensong are not so forcible to keepe them in as their insufficiencie negligence contempt and idolatrous hearts are to thrust them out And yet no part of good holesome and christian gouernment and pollicie chaunged For though Iosiah moued by compassion benignly suffered the Priests of Baal repenting of their idolatry to receiue tithes and offerings with their brethren the Leuites Yet he straightly charged them not to enter into the Lords Sanctuary to do any manner of seruice there Neither did this his religious fact any whit hinder the outward peace of his kingdome Wherefore if a Bishop an Abbot an Archdeacon an Elder a Physition a Iudge an Aduocate a Iaylor a Tutor a Schoolemaister an â—rator and a Philosopher by iustice and equitie of lawe for vnabilitie insufficiencie negligence or other defects ought to be deposed and remoued off and from their roomes places offices and honors how should a pretensed Minister onely intruding himselfe to an office of most high calling and excellencie and vtterly destitute of all gifts and graces sit for the same be suffered to keepe and retaine the proper right and title of an other as his owne lawfull possession and inheritance Had the worshippers of the false gods care that their idolatrous Priests should haue knowledge of their idoll seruice and shall we the worshippers of the true God be blameles before his iudgement seate in case we maintaine such to serue him in the ministerie of his holye Gospell as whose seruice the veriest Paynymes and Idolaters would Cod. de Episâ— co 〈◊〉 l. Si quis 〈◊〉 〈◊〉 12. refuse to haue in their Idoll temples And though these be sufficient proofes to euery one not addicted to his owne will preferring the same to all reason that prohibitus clericaâ—i debet reuocari ad pristinum sâ—atum per manus iniectionem and that serui vitam monasticam deserentes Cod. de Epâ—sc â— clerâ— l. 〈◊〉 ad prioris domini seruitutem restituuntur One prohibited to be a Clarke ought to be reduced to his former estate by authoritie of the Magistrate and seruants forsaking their monasticall life to be restored to the bondage of their former maister Pag. 76 And that Infamia non solùm impedit praefici sed etiam remoueri facit à dignitatibus habitis An infamie doth not only hinder a man to be preferred but also causeth him to be remoued from dignities already recouered Though I say these former proofes be sufficient to confirme these assertions yet to make Cod de correÌ„ â—â—nfamia lib. 10. de digâ—â—tatâ— l. Iudices lib. 12. the matter somewhat more plaine I haue thought good to reexamine the order and forme appointed by the former statute for the making of Deacons and Ministers that if vpon examination thereof also there doe appeare such a defect by statute law as whereby our dumbe and idoll ministers be no ministers in deede and truth but onely in shew and appearance that then therevpon order may be taken by her Maiestie for the displacing of them and for the placing of other lawfull and godly Ministers in their roomes For as the statute hath limited a certayne order and forme of making Deacons and Ministers so hath it appoynted that all that are made according to that order and forme should be in deede lawfull Deacons and Ministers The wordes of the statute are these And that all persons that haue bene or shall be made ordered or consecrated Archbishop Bishop Priests and Ministers of Gods his holy word and sacraments or Deacons after the forme and order prescribed in the sayde order and forme how Archbishops Bishops Priests Deacons and Ministers should be consecrated made and ordered be in very deede and also by authoritie hereof declared and enacred to be and shal be Archbishops Priests Ministers Deacons and rightly made ordered consecrated any statute lawe Canon or other thing to the contrarye nowwithstanding Which statute hath two braunches the one appointing the forme and manner of making Deacons and Ministers the other authorizing Deacons and Ministers made and ordered after the forme and manner prescribed in the sayd booke to be in very Pag. 77 deede rightly and lawfully Deacons and Ministers and so to be taken and reputed It followeth then that if the first braunch of the statute be broken and that the forme and order be not obserued that the second braunch can take no place for that in deede the validitie of the latter dependeth altogether vpon the obseruation of the first For it is plaine and euident by law that if you would haue a second or latter action to be good and effectuall because it is done say you according to a forme and order precedent you must first proue that the precedent was accordingly done or els the consequent can take no place And therefore if the forme and order prescribed by the booke be not obserued in making vnlearned Ministers I say then that vnlearned Ministers by law are no Ministers at all And why Neque eum ff ad â—â—g fal l. siâ—â— qui § quaedam vâ—â—um balneum aut vllum theatrum aut stadium â—ecisse intelligitur qui ei propriam formam quae ex consummatione contingit non dederit Neither can he be thought to haue made any â—ath or any theater or any race who shall not giue it that forme which perfecteth the same Againe â—â—â—or in ea â— extra de Iudi◠〈◊〉 Vbi ad substantiam aliâ—â—ius actus exigitur certa forma 〈◊〉 sâ— super alio actu debet quis probare formam praeâ—â—ssisse Where to the substance of any act a certaine forme is required founding it selfe vpon an other act there a man ought to proue the forme to haue passed before As for example In an
that euerie minister by his ordination is made a preacher Also the law * Reg. iniuncti art 80 40. Vide resp ad 40. sectionem dooth expresselie in many places authorise a minister to suffer preachers to preach in his cure and therefore it cannot be doubted but they may haue this dutie furnished by another The next alledged out of our prouinciall constitutions dooeth reason thus Persons and Vicars ought to labour to informe the people committed vnto them with the food of Gods word according to the measure that shall be inspired them Ergo it is directlie forbidden that the office of preaching should be deputed to anie other Héereof me thinke a man might more probablie collect against the principall matter now handled séeing the synod knew well enough the words of preaching sermons and such like which neuerthelesse in this place hauing so fit an occasion it dooth not vse but tempereth it in other maner by Feeding according to the measure that shall be inspired into them that therefore it was not the meaning of the synod to exact of euerie beueficed person a necessarie abilitie of preaching but were contented to staie vpon a competent skill where more exact learning could not be procured But a modest man would haue béene ashamed thus purposely to haue abused his readers by sending them to séeke the last constitution by him alleged in stead of * C. presbyterorum consti prou de off archipresbyteri another brought in afore or yet to auouch that this place more at large manifesteth his purpose to prooue that one may not preach for another wherof it hath neuer a word nor yet any resemblance neither yet dooth it exact of them to preach but to Informe their parishioners by the food of Gods word which may be done many waies beside preaching though not so profitablie And therfore the glosse distinguisheth preaching from doctrine and other * Glossa ibid. verbo latraeu information by a disiunctiue as being diuers things The beginning of the decretall Inter caetera Ext de off iudicis ordin perteining onelie to the Bishop may well be a reason to inforce a necessitie to haue the people of God fed with the word of God but it nothing helpeth any of these his Three issues by the authour to be prooned principall issues that he is no minister at all who cannot preach or that there may not be admitted the former degrées of seuerall measure in learning or that a man not able to preach may not procure that dutie by another to be supplied And if it had pleased him to haue called to remembrance the next wordes following the allegation which he brought in the next page afore out of the same Pag 23. in fine chapter he might haue séene * Inter caeterae Ext. de off iud ord vers generali there that Bishops either hindred as there is said or hauing great diocesses should choose fit men for the office of holie preaching which in their stead when they are otherwise letted may execute the said office and carefullie visiting their flocks committed vnto them might edifie them by word and by example and so be ioint-helpers and workers with them Therfore if that decretall should conteine a reason why one might not preach in anothers sted as the author séemeth to thinke it were a verie strange Antinomie and Brocard hardlie to be reconciled by anie supersubdistinction whatsoeuer 15. Section Pag. 25 26 27. Pag. 23 AN inquisition in this behalfe how the préests whom he transiateth Elders haue done their duties being no otherwise than is shewed before dooth not adde any weight to the former proofes for any of the said three issues set out and the words of Preaching or publishing vsed with a disiunctiue doo argue plainelie that he did not deale simplie before when hée would haue the expounding in the vulgar toong of the articles of beléefe the ten commandements c to be so manie sermons séeing they are héere plainelie distinguished so that any publication thereof sufficeth For a * Bald. in l. 4. C. de ver rerum signif gl in c. Ext. parte Ext. de rescript disiunctiue being put betwixt two persons is vnderstood for a copulatiue but being set betwixt two things as in this place it is far otherwise and implieth a disiunctiue indéed though the glosse doo séeme otherwise to salue it For euerie publication of a thing cannot be called preaching as we vse the terme in common spéech But why are Presbyteri such as are to expound in the church translated Elders I trust he mindeth not héereby to shut out all laie men from the eldership or seigniorie which is dreamed of least peraduenture he himselfe be Exclusisstmus But here he enforceth againe a place before alledged accompanied with two other glosses the place was afore spoken vnto and the glosses speake not to any other purpose as is euident than to require and with as great abilitie in a minister as conuenientlie may be had yet not condemning thereby all As intrudors or as no ministers at all that haue not aspired to that perfection which is the point in issue by him laid downe But in these two glosses also he kéepeth his old woont to quote them so generallie that a man may seeke them where he will for he shall be sure by any direction he giueth neuer to find them For although in nine or ten pages afore manie other allegations being brought betwixt he alledged the Constit Othoni◠cum sit ars place from whence he borrowed them yet now as though it had béene the next allegation before he vseth the quotation of Glossa ibidem the which dealing with other like by him vsed doo argue this at the least that he was loth to séeme to borrowe so much out of one place least he should thereby bewraie his want I the will gather for his purpose any thing of that which Rebuff saith That those are accompted vtterlie vnlearned that knowe not how to doo the office to the which they are bound then must he first prooue that no ministers besides preachers doo knowe how to doo the office to which they are bound and that of necessitie the office of preaching is incident to euerie minister according to that vnderstanding that this word Preaching is vsuallie taken in Yet it is verie generall thns to alledge Rebuff without quotation who hath written manie bookes and some of them of great largenes All that I can find any thing sounding this waie is Rebuff in praxi benef pag. 9. infol this Illiteratus c. A man vnlettered cannot be preferred bicause he that caret literis that is cannot reade or is not book-learned cannot be fit for diuine offices The Art 43. Iniunct Regi iniunction which he alledgeth prouideth that such as not long before the making of the said iniunctions had béene made priests being children and otherwise vtterlie vnlearned should not by the Ordinaries
from our church Ergo ours is not the discipline of Christ Then by this reason should no reformed churches be said to reteine the discipline of Christ or to be well ordered manie of them vpon diuersitie of occasions differing euen from themselues before and euerie one in some point or other differing among themselues Are all the churches of Denmarke Sweueland Poland Germanie Rhetia Vallis Tellina the nine Cantons of Switzerland reformed with their confederates of Geneua of France of the low countries and of Scotland in all points either of substance or of circumstance disciplinated alike Nay they neither are can be nor yet néed so to be séeing it cannot be prooued that any set and exact particular forme therof is recommended vnto vs by the word of God And therfore maister Deane of Paules in the said * Ibid. pag. 16. booke saith that one end of so manie counsels gathered so often in the primitiue church was this to make canons For the externall gouernement of the church which had not néeded if such a perfect platforme had béene deliuered thereof in scripture as some men vainelie blunder about And I verelie doo persuade my selfe that he being a man yet liuing and well knowne to be farre from anie vnreuerent opinion of the state and policie of our church whereof he is no inferior member himselfe and being best able to interpret his own meaning would if he were demanded quicklie conuince this man of factious and slaunderous wresting and racking of his words And seeing he obiecteth vnto vs the president of reformed churches in matter of discipline let him first by some proofe out of scripture or ancient writers approoue vnto vs if he can the debarring of the ciuill magistrate from all gouernment in ecclesiasticall causes and a presbyterie or segniorie consisting most of laie persons yet both of them practised by some churches which he and his clients most admire and as he shall deale in these he shall haue more of our worke of like nature which peraduenture will trouble the sconses of all the new discipline-framers we haue to auow by good and substantiall proofes Now vpon the quite ouerthrowe as he wéeneth of the discipline of this church of England he laieth foorth in behalfe of all inferiour ministers an action of wrongfull detinue for I thinke he will not saie it is but nouell disseisine against Our Bishops and archdeacons for challenging all punishing of malefactors within their seuerall iurisdictions If it be their iurisdiction by law why may they not so doo Forsooth bicause They permit not the minister to exercise any discipline at all Yes truelie as was touched afore they doo and may execute the discipline of declaring by doctrine according to the word of God mens sinnes to be bound or loosed and the censure of rebuking and reproouing openlie those that doo fréeze in the dregs of their sinnes which are not the least parts of discipline which is as much for auoiding of intollerable inconueniences which otherwise would ensue as is expedient to be attributed vnto euerie one and so is it all which the law dooth enable them with as may be easilie gathered out of the verie same demand of the Bishop for at the latter end thereof it is said So that you may Teach the people committed to your care and charge with all diligence to keepe and obserue the same so that the discipline which the minister is to execute reacheth no further than to Teach his parish with all diligence to kéepe and obserue so much of the doctrine sacraments and discipline of Christ as apperteineth to them And if no especiall preheminence might be attributed in matter of execution of discipline to one minister aboue other why is it said by S. Paule excommunicating the incestuous Corinthian Absens decreui being absent I decréed 1. Cor. 5. seeing they had ministers of their owne and willed the denuntiation of the said excommunication afterward to be doone openlie in the church And at the time of his absolution Paule being absent saith To whom you forgiue any thing I forgiue also Likewise speaking of the anathematisme of Hymenaeus and Alexander I haue giuen 1. Tim. 1. them vp vnto sathan not naming either their owne minister or anie segniorie But we must yet a little followe our author leaping backe for Another reason to prooue that This statute hath appointed the discipline of Christ to be ministred as the Lord commanded onlie and none otherwise which we will easilie grant him vnderstanding it in a generalitie not as though euerie particular ceremonie rite or circumstance of externall policie if they had beene as they are not in scripture mentioned but being not commanded were at an inch to be followed For else how could the primitiue church without any prescript word I doo not onelie saie haue brought in a new ceremonie but haue altered the sabboth daie by God appointed at the first and being our saturdaie vnto the first daie of the wéeke in scripture twise or thrise called the Lords daie and with vs sundaie or yet the time of receiuing the sacrament of the eucharist being according to the institution vsuallie receiued after supper to haue it receiued as it is in the morning fasting His reason for the proofe of this conclusion I gather vp thus If this part of the booke doo not abrogate all discipline vsed in time of poperie amongst the idolatrous priests as well as their false doctrine and prophanation of the sacraments then dooth it ordeine nothing but it dooth ordeine something or else it were an absurd law Ergo it abrogateth discipline vsed in poperie If this conclusion were granted yet his matter he hath in hand would not here vpon be prooued to wit That therefore discipline is no otherwise to be ministred than the Lord Christ hath commanded But I haue shewed afore this Minor to be false and that those words of the Bishop doo not dispositiuelie ordeine or abrogate anie thing for discipline more than they doo for the doctrine or sacraments which were prouided for by other acts and not by these words which were indéed absurd once to be imagined Also his Maior foloweth by no consecution for it might haue béene that those words had ordeined something and yet not to haue abrogated all the discipline vsed in poperie except it had by him first béene shewed that the same was contrarie to the commandement of the Lord and otherwise than this realme hath receiued it Which being not prooued we may conclude that he hath in all this section plaied vpon the Petitio principij a fallacie not fit for his person pretending some learning and too plaine for a man to be ouerséene in And therefore in his conclusion hereof he might haue spared his vehement expostulation of Open wrong and intollerable iniurie by the cheefe A proud and insolent terme full of pharisaicall contempt prelats for denieng to the saints of God the discipline they call for c. But if
hir Highnes as to grant hir this libertie it may please him besides the fourth iniunction before alledged to peruse the 27. and 53. iniunctions where expresselie all parsons vicars and curats are inioined to read some homilie when there is no sermon whom I trust he will not therfore conclude either to be all deacons or to transpose without authoritie the office of their fellow-seruant vnto themselues But to tie the reading of homilies vnto deacons is so farre from all apparance or colour of truth that in the selfe-same place where he curtailed rather than abridged the office of the deacon the booke setteth downe that it is a part of the deacons office to read holie scriptures and homilies in the church Where he shall be appointed to assist the priest not thereby that the priest is excluded from reading scriptures and homilies if he so thinke good or be commanded and therefore much lesse where no such deacon is appointed to assist the priest And if this new topike place were allowable then hereof we might reason thus Bishops as this man hath confessed afore by the ordinance of the realme are to execute discipline Ergo the inferiour His argument recorted against himselfe minister being another distinct officer may not transpose it to himselfe as in the other section he auouched Also ministers are to preach Ergo Bishops being of a distinct office may not preach contrarie to all that which afore he hath spoken against dumbe prelats Againe Deacons are by their office by law set downe to instruct the youth in the catechisme to baptise and to preach if they be admitted thereto by the Bishop Ergo ministers being a distinct office from deacons and statutes being strictlie to be interpreted are neither to catechise baptise nor preach by his owne doctrine and where is then his learned ministerie And therefore I take it that I may safelie conclude without offense to his wisedome that either héere he doated or else he hoped his readers would be such affectionate dotards as that he might with anie shew or vizard of likelihod as héere or by racking wringing wresting and curtailing as in diuerse places else-where without their further looking vnto him how plainelie he dolte easilie abuse them 20. Section Pag. 40 41 42 43. NOw in this section to make the matter in his behalfe séeme more probable against the Bishop he frameth a silie answer God wot in his name that Seeing by statute he onelie hath authoritie to make deacons and ministers and to gouerne them that therefore it beseemeth a minister no otherwise to preach than as he shall be licenced therevnto by him the Bishop But yet bicause this fiction was so apparentlie vnprobable he was content also to temper it thus Otherwise than according to the forme of the booke And indéed I cannot sée but that this may and ought to staie any from enterprising to preach in a setled church as this is sauing such fanaticall spirits as will shooue them-selues into the office of preaching without any externall and lawfull calling seeing that in this church of England this booke is the onelie externall forme we haue of calling men into any function in Gods church Now touching the former matter Whether the Bishop might commit the reading of homilies to the minister bicause our author warilie foresaw that both the iniunctions and aduertisements published by sufficient authoritie would to this purpose be alledged he séeketh to vntie that knot thus Bicause That he saith which was confusedlie and indistinctlie appointed in them to be done by parsons vicars and curats whereof as it fell out some were deacons and some ministers is now by this statute made 8. Elizabeth after both the other bounded and limited so that euerie proper office should be allotted to his proper officer But by the way he scattereth a riddle as he runneth when he saith The iniunctions aduertisements articles and this statute dooth bound and limit the meaning of the iniunctions and aduertisements yet I thinke he meant onelie that the statute bounded the meaning of the other two and therefore she was to blame that taught him so long to go before he had learned to speake well For the vntruth of this allotment of euerie peculiar function to his proper officer although some are peculiarlie tied vnto one and not attributed to any other I referre the reader to the booke it selfe and to that which was said in the last section And so I doo this which a little after he gathereth Ex vno absurdo quasi concesso That the office 〈◊〉 of the deacon is onelie to read the scriptures and homilies by that statute Now to open more fullie the vanitie of this surmise as though the statute 8. Elizabeth ment to redresse reading of homilies by ministers thorough making a more orderlie distinction of offices than afore you shall perceiue by perusall of the bodie of that statute and preamble that the forme and maner of making and consecrating Bishops priests and deacons was not deuised then anew but was put in vre and established in the daies of king Edward And though Ad maiorem cautelam for the auoiding of cauils of traitorous and slanderous papists the same booke was then established by that act of parlement yet dooth it in the preamble thereof by manie reasons prooue that the said booke had the force of law before And therefore it is verie propheticall for that booke which was penned in king Edwards daies to bound limit Articles of religion art 36. applie and distinguish offices confusedlie deliuered by hir Maiesties iniunctions and aduertisements which were long after framed And where our author had said that A minister must minister the doctrine and sacraments and discipline of Christ what néeded he to haue added And preach onelie if as afore he would haue inforced vnder Doctrine or teaching preaching be necessarilie alwaies emploied But afterward vpon better rubbing of his memorie he telleth vs his meaning is not to Exclude the minister from reading the scriptures and praieng with the people duties without which preaching cannot be done If by reading the scriptures he meane the ministers priuate studie then he reasoneth not Ad idem which is ignorance of the Elench But if he vnderstand the reading of scriptures in the church then I sée no cause whie by his owne platforme the minister should read any scriptures there besides his theame for his sermon naie how can he read any scriptures when the deacon hath read them all Contrarietie of the author vnto himselfe afore And if he will needs read the scriptures publikelie whie should he be suffered by this mans construction to inuade The deacons proper office and to transpose it to himselfe And therefore the copie of the supplication and submission of the Bishops which he hath here drawne in their behalfe as though through their Abusing of hir Highnesse lawes no meanes according to law could be found for reading of homilies where the minister is
no preacher but by a deacon he may well spare till they haue nèed of it at which time peraduenture they will procure a better clearke than he is to pen it Yet hèerein also either he or his printer hath vsed a prettie cunning by prefixing there vnto a Latine beginning and vsing for fiue or sixe lines an Italian letter differing from the other Romane bèelike to the intent that some simple credulous creature might belèeue this to be an allegation out of some law which are vsuallie printed in this his booke in the same letter The other reason which he bringeth for further proofe of this incompatible distinction of that part of the deacons office which is in reading of homilies from the ministers office as I conceiue it is to this effect All things about the ordering of the minister tend to admonish him of his dutie in teaching and instructing the people and in preaching But the whole action of ordering deacons tendeth to admonish him of his office in reading Ergo a minister may not be forced to read homilies in the church First neither part of his antecedent is true For the first part is prooued false The Abstractor contrarie to himselfe both by the booke it selfe not naming at any time in the ministers office Preaching but with this limitation Where he shall be so appointed and by the author himselfe Pag. 33 34. 35 labouring in one whole section to prooue that the minister hath also the execution of discipline committed vnto him And shall we forget as he dooth that he is authorised also to minister the sacraments The second part is euen as true as the former both as is shewed out of the booke afore and by the authors confession within sixe lines after where the saith The prouision for the poore is appointed also vnto deacons Besides all this the argument followeth not as is euident bicause the booke it selfe attributeth two or three seuerall duties or functions to two or three seuerall offices As to baptize to deacon minister and bishop To preach to them all three so the two first be licenced to minister the sacrament of the â—upper to the minister and Bishop and if we may belèeue our author the execution of discipline to them both And whie therefore may not a minister read homilies as well as read scripture in the church though both they be in some sort required of a deacon if he be by the like authoritie of law commanded thervnto as hath bèene prooued afore that he is And where our author hèere further saith that The parlement house had a singular care to haue these offices of minister and deacon eune as they are distinguished by the law of Christ himselfe it is a testimonie that in those two great offices the externall policie of our church is according to the commandement of Christ in this mans opinion 21. Section Pag. 43 44. OUr author hauing laid downe before that the booke of ordering priests and deacons râ—quireth of euerie minister to be a preacher and foresèeing a storme towards him chooseth rather to be conuicted of falsifiâ—ng than of this falsehood For where the booke prescribeth that it shall be said to euerie minister to be ordered Take thou authoritie to preach the word of Manifest faâ—sification by the author God c in the congregation when thou shalt be so appointed he leaueth out the most materiall word so of limitation and falleth to descanting vpon the signification of When and where to diuert our eies from espieng of the other fowle corruption Although if he were so great a clearke in law as he would sèeme he could not be ignorant that Vbi sometime importeth time as well as place and also implieth a condition with it as if a man giue a legacie to his daughter by these words Vbi ea nupsisset Where she shall be married it is to be vnderstood saith the * Gl. in l. 45. sâ— ita sit scriptum §. finali de legatis 2. Bartolus ibid. glosse there That is after or when or if she shall marrie And thereuvpon Adde Bartol in l. 1. ff de condit demonstr mi. 19. Bald. in l. 3. C. de probat ver sequitur de Oldrad cons 47. consueuit tari Bartolus noteth that the aduerbe Vbi where dooth implie a condition But if it had not bèene the mind of the law-makers by these words So appointed to restraine them from preching without further approbation vpon triall of their abilitie thereto then both in vaine had the word So bèene vsed and with better sense might haue bèene least out which in so short and so principall a sentence of this action is not to be imagined to be superstuous and also the word Appointed without a further word as To serue or such like would haue made no perfect sentence and therefore must nèeds be vnderstood like as the generall vsage since Quae est optimus legum interpres dooth interpret that they haue authoritie giuen them To preach where they shall be so appointed Neither in vaine is preaching spoken of at their first ordering both to put them in mind what ought to be their principall endeuour and to giue vs to knowe that as mèere laie men be not enabled to this office so it is not conuenient that a licence to preach be giuen vnto any but to such as being in some function ecclesiasticall haue addicted themselues to serue the church according to their abilities in all the functions incident to that calling And whereas he dooth alledge that if this sense which he inforceth Were not the naturall meaning of the statute then to administer the sacraments might as well be forbidden without speciall licence in writing I answer that though at the ordering authoritie to preach and to minister the sacraments be giuen according to the limitations there set downe yet hereby they are not hand ouer head where it pleaseth them to rush into other mens charges but are to expect a licence in writing to bound them where they may lawfullie administer the sacraments which is done by letters of collation institution or donatiue temporarie or perpetuall And thus he sèeth there is so much to helpe our turnes besides the canon law that he thought it best to leaue some of it out for his more aduantage 22. Section Pag. 44 45. 46 47. YEt bicause he seeth the coast is not cleare by reason as well the * c. excommunicamus vlt. §. quia verò Ext de haereticis canon as hir Maiesries iniunctions before alledged by me doo require a speciall licence to authorise a minister to preach yea euen in his owne cure he felleth vs a tale not of a rosted horse but of his owne graie ambling gelding which he could giue vnto me if he would onelie by giuing me the keie of his pasture and bidding me to take him vnto mine owne vse of his gift But what if he should â—dde also saie Soft
of England that are not ordered according to the exact forme of that booke But if he will saie that this popular approbation and election as he plainelie afterwards inforceth is the forme by law Pag. 62. factious doctrine deliuered by the Abstractor required then haue we by his owne doâ—rine no ministers at all in this church for we haue none that haue béene so chosen Yea then his oâ—vne clients who to enable themselues to take liuings ecclesiasticall according to law will be contented to be ordered by a Bishop according to the booke which they neuerthelesse hold to be a calling against the word of God shall thus be left wholie without calling and ministerie and by his and their owne iudgements are to be taken for intrudors And if this plat of popularitie be not the forme of ordering ministers which the lawe and the booke dooth establish then with what conscience dooth he so vrge it in this place who dooth so rigorouslie in other places exact the obseruation of euerie tittle in the booke But I will not runne into this common place to shew all the absurdities inconueniences and impoâ—â—bilities of it or the iudgement of elder and later Diuines being without my reach or the practise of other churches which all are learnedlie handled Pro contra by others purposelie intreating hereof to which I remit the reader for further resolution I will onlie put this great canonist in mind of the 13. chapter of the councell of * c. non est 63. dist Laodicaea which dooth forbid these elections by the multitude or people which as c. siergo 8. q. 1. Origen saith oftentimes is pricked forward or caried awaie with clamours fauour or reward And here I would be resolued these canons being as he saith in force of law with vs and To be vnderstood not alone of the cheefe priest of euerie diocesse which argueth Dangerous innouation vrged they are to be vnderstood of him whether this be not wholie to take awaie from hir Highnesse the nomination and recommending of Bishops Deanes to their places or else to leaue hir Haiesties choise to be countermanded by a beast of manie heads Scinditur incertum studia in contraria vulgus Also hir Daiesties being the head member of this church whether the shall be allowed a voice by hir Highnesse proctor amongst the people of one parish alone or in all the parishes in the realme in choosing their ministers and what voice whether a negatiue countermanding all others or luxta c. breuiter dist 62. no Or else whether hir Highnesse shall haue no suffrage therein at all both which if they be not to the great derogation of hir Highnesse prcrogatiue roiall let indifferent and wise men indge who may also sée a further matter and a greater debasing shot at by this popularitie than outwardlie is pretended 27. Section Pag. 59 60. That the statute 25. Henrie 8. for establishing of such canons and decrees as be of nature and qualitie there specified dooth not giue life to these canons and decrées last alledged bicause both they are repugnant to the generall and inuiolable customes of this realme and to hir Daiesties prerogatiue roiall also hath béene afore shewed yea they are not alone contrarie to ours but to the generall customes of all christen dome by many hundred yeeres continued as may appéere by that so often repeated distinction of benefices collatiue and clectiue mentioned and allowed of not onelie by canons and decrées but by the municipall ordinances almost of eueric seuerall realme His second reason for proofe out of the 21. Hen. 8. Cap. 13. of an interest of An absurd reason All the people in the approbation and election of their minister bicausé a Bishop is allowed six chaplines a number then required to be present at giuing of orders is not to be counted a Fallax being too simple to make any shew of deceit but as a syllogisme framed in mood and figure of Quem terra pontus without head or tade His third reason for proofe héere of is bicause the booke in sundrie places of it speaketh of clarks and people present and of An exhortation declaring for thus be the words of the booke and not as our author hath pared them the dutie and office of such as come to be admitted ministers how necessarie such orders are in the church of Christ and also how the people ought to esteeme them in their vocation which is so strong a reason that it cannot be gathered or drawne togither into a syllogisme with a cart rope except we would imagine that wheresoeuer the law permitteth men to be present at any action that there they are interessed to haue a voice to allow or dissallow that which is to be doone And if the exhortation spoken of could giue anie colour that waie it should haue béene to set out what héed and vigilant care the people should haue and what especiallie they should respect in the choice of their minister rather than to tell them how they ought te stéeme him when he is once admitted for if they themselues make choise of them there is no cause why of all other they should mislike or make anie light reckoning of them otherwise than men commonlie doo who thinke they may make bold with such as they themselues haue aduanced And whereas he would thereof gather the presence of the people of that parish where the minister is to be placed to be required for that no profit else for the better estimation of their minister can by them be reped of that exhortation if it shuld be granted vnto him can he ground vpon their presence an interest also in them of approbation and election of their minister But there is profit to be reped by such an exhortation for any people whosoeuer that shall be present For euerie man is or ought to be of some parish and hath a minister whom he ought to estéeme and reuerence for his calling sake and therefore such exhortation can not be said to be in vaine though the people of the parish where he is to serue be not then present And for that these canons by him before alledged doo mention Citizens presence at the ordination of clearks our author taketh occasion to tell vs that The choristers singers organ-plaiers and other officers and ministers of cathedrall churches are not comprehended vnder the name of Citizens for that the canons doo attribute to these a seuerall name from citizens A reason retorted Pag. 16. by calling them Clearks which as he truâ—â—e affirmeth so this dooth argue that the place by him afore brought out of the Autentikes that Clearks vnlesse they were learned should not be ordeined that thereby he might prooue an abilitie of preaching to be required in euerie clearke did not correspond to his purpose séeing that no man will say that any such exquisite learning is looked for in such inferior clearks and officers of churches as these be But
they are remooued Our author cutting the sentence off by the waste and applieng that which is spoken Falsification manifest of the Bishops negligence onelie whereby he suffereth some ministers to escape his hands whome the canons allow not to be ordeined vnto euerie minister dealing negligentlie in his function saith in stéed of it thus He shall not onelie be remooued for heresie or other greater offense but for negligence also Which corruption though it be foule in it selfe it dooth not yet beare out his issue that a minister for insufficiencie to preach is to be accompted vnworthie of the calling and therefore to be remooued 33. Section Pag. 67 68 69 70. HEe that dare wrest and falsifie texts when he quoteth them whereby others may examine them it is to be doubted much more that he will doo it when he leaueth them without quotation as in this section he hath done his two first allegations out of the ciuill lawe And therefore as now they make not anie whit to his purpose so being by me touched with the originall I find they cannot carrie anie shew or colour with them For what dooth the Remoouing of such a clearke that either will not doo seruice at all or of such as faineth himselfe to be one when he is not or the * L. qui sub praetextu C. de sacra eccles inhibition to bankers and exchangers of monie méere laie men That they leaue not off their trade vpon a bare title of collegiat men make for proofe that a minister vnworthilie promoted is to be deposed Naie the latter place which he was vnwilling to quote is by no colour appliable to this purpose Of those saith the law before the words by him alledged which vnder a pretense of deanes or collegiat men though they doo not execute that office doo yet go about to withdraw themselues from other functions we thought good to meet with such craftie packing least any should vnder colour of an office which he dooth not execute be disburdened of another dutie of him required Now these deanes and collegiat men were certeine in Constantinople which * Nouel 43. 59. Alc. c. vlt. lib. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 being appointed out of seuerall companies of trades did partlie take care of burieng dead bodies and partlie were emploied in other publike and necessarie affaires of that citie The reason of these lawes and canons which he bringeth are foure in number the first not alledged but gathered as it séemeth out of the text quoted is That a possession without canonicall institution is no sufficient establishment in a benefice And this institution that * c. ex frequentibus Ext. de instit decretall saith must be giuen by the Bishops diocesan or by his officiall to whome it apperteineth I will easilie grant vnto him that sole possession will not reléeue any minister either worthie or vnworthie for reteining of a benefice without institution Hereof will follow that all such as haue canonicall institution are without the compasse of depriuation as in this respect alone This matter of sole possession without title he also enlargeth out of a summarie of the ciuill lawe that Sole possession maketh not a senator or captaine but lawfull election For which word Election as it séemeth he rather chose to vse this summarie than the law it selfe which is that A * L. 10. ff de decurionibus man is not made a decurion onelie bicause his name is written in the table vnlesse he be also created a decurion according to lawe These decurions in the common-weale of Rome were in cities and towns corporate as senators were in the citie of Rome but not senators in déed nor enioyeng all priuiledges as senators And in this regard the law saith A * L. 33. c. de decur li. 10. decurion or if I may so terme him a senator of his owne court And therfore our author descrieth his ignorance in translating him a senator but most of all when he englisheth him also a capteine But if so be herein any thing had sounded to his purpose yet he could not haue reasoned from the function of a decurion to the calling of a minister Et ex aduerso except the lawe had made a paritie betwixt them Else might I as well reason bicause the lawe will not haue a * L. 11. ff de decurionibus decurion chosen aboue fiftie fiue yeres of age that therefore a minister may not be ordeined aboue that age And bicause a man * L. 6. C. de decur that cannot read is not forbidden to exercise the calling of a decurion therefore such a man may also be a minister The next is bicause prescription dooth not reléeue him that inioieth any thing without a simple Meaning and vpright conscience Which men so ordeined he saith doo not but are vniust possessors in their owne conscience therefore by their owne craft and guile or lewd practise they are not to reape benefit If by his words So ordeined he meane either all made according to the booke by law established or all such as were made without popular election then hath he left vs by this collection no ministerie in England except perhaps two or thrée leape-lands which like neither of order nor ordering on this side of the sea But if he meane onlie such as are not able to preach then should he haue prooued his Minor that all such are vniust possessors euen in their owne knowledge which now he taketh as granted by his olde woonted fallacie of Petitio principij which neuer falleth him at such a pinch as this And séeing such ministers haue at the least the outward forme of calling by law and are to be intended to haue a persuation that they are inwardlie also called and as all other men naturallie are parcialie affected in matters tending to their own worldlie behoofe it can not be doubted but that they will denie that that his assertion that they should be guiltie to their owne consciences of vntusf possessing their places Furthermore his Maior proposition is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a méere stranger to this purpose séeing no minister claimeth the holding of his roome by prescription which requireth a number of yéeres for the fulfilling of it but by a iust canonicall title at his first entrance Againe if we estéeme it by the ciuill * Text. in l. vnica C. de vsucap transfor law a prescription of ten years betwixt those that be present of twentie yeares betwixt those that be absent is sufficient where good faith was ment at the beginning that * L. qui. scit § bâ—â—e fidei ff de Osuris is where the prescriber did not knowe the thing to be another mans although perhaps he doubted thereof notwithstanding that afterwards within the processe of that time he knew it to be another mans yea by the law a man which at the * L. si quis emptionis §. quod
the golden calfe and yet was not vpon his repentance put from his priesthood Likewise by Peter whose reuolt and tenâ—porarie apostasie in denieng his maister Christ was no lesse hainous than the sinne of our idolatrous priests who for the most part sinned but of ignorance in that generall blindnesse and to the like end also * c. vt constitueretur 50. dist ex Aug. ad BonifaciuÌ„ this example is else-where alledged Likewise Augustine afterward a famous Bishop was by the space of manie yeares a detestable Manichee as he witnesseth of himselfe Also Tharasius the patriarch in the councell of Meldis being the seuenth councell propounded thus to the whole councell Dooth * c. conuenientibus 1. q. 7. ex concilio Meldensi siue septima synodo it please you that those which haue returned from heresie shall reteine their former roomes The holie moonkes answered As the sixe generall councels haue receiued those which haue returned from heresie so doo we receiue them And the whole councell answered It pleaseth vs all And Basilius the Bishop of Anchyra Theodorus the Bishop of Mirea and Theodosius the Bishop were willed to sit according to their degrees in their seates And a little before the said Patriarch saith Behold manie bookes of canons of synodes and of ancient fathers haue beene read and they haue taught vs to receiue those which returne from heresie if there be no other cause in them to the contrarie And the glosse * Gl. 1. ibidem there gathereth the whole summe of that action thus They decreed that they who returned from heresie were to be restored to their former estate so that in writing they doo renounce the heresie and make proprofession of the catholike faith But those are not so to be receiued which of purpose procured themselues for the subuersion of our faith to be ordeined by heretikes Againe saith * c. quod pro remedio §. similiter ibid. the canon Likewise by dispensation in the verie councell of Nice it was decreed concerning the Nouatians that vpon their returne againe to the church they might be receiued to orders There is also * c. quotienâ— ibidem set downe the forme of an abiuration for a Bishop returning from schisme Further Leo * c. maximum ibidem saith concerning a Donatist Although Maximus was vnlawfullie of a meere laie man ordeined suddenlie to be a Bishop yet if he now be no Donatist and be free from a schismaticall spirit we doo not thinke good to put him from that Bishoplie dignitie which but so so he hath attained Mention * Daibertuâ— ibidem also is made of one Daibertus which hauing taken order of deaconshop of one Nezelon an heretike which also had none other ordination but of an heretike was a fresh made a deacon not that the order was reiterated but bicause he could not be said to receiue that at anothers hands which the partie himself had not Augustine * c. ipsa pietaâ— in fine 23. q. 4. ex August ad BonifaciuÌ„ speaking of the repentant Donatists saith Let them haue a bitter sorowe of their former detestable errour as Peter had vpon feare of his lie and let them come to the true church of Christ the catholike church their mother and let them be clearkes and Bishops in that church profitablie which before carried hostile minds against it we doo not enuie them but we imbrace them exhort them and wish it of them and whome we find in the hedges and high waies we vrge to come in And the Decretall epistle dooth no otherwise debarre heretikes being ecclesiasticall men from continuing their function but * c. ad abolendam when vpon the finding out of their error they shall refuse presentlie and willinglie to returne to the vnitie of the catholike faith And touching such * c. omn. 1. q. 1. c. si qui presbyteri 1. q. 7. canons as in apperance at the first séeme contrarie the * c. nos consuetudinem dist 12. glosse verie truelie reconcileth them together saieng By common right none that returneth from heresie may be ordeined but such are dispensed with as when they are suffered to be preferred to the lower orders 1. q. 1. c. si quis haereticae The dispensation is full when he may be made priest but no further 1. q. 7. c. conuenientibus It is more full when he may be made a Bishop but not a Primate as in this place it is most plentifull when he may be promoted to all other dignities 23. q. 4. c. ipsa pietas Yea besides the continuall practise and custome of this realme euen in hir Maiesties iniunctions made the first yeare of hir blessed reigne of Priests then which had but small learning and had of long time fauoured fond fantasies rather than Gods truth which must considering the time then néeds he vnderstood of massing priests it is affirmed that Their office and function is of God and therfore that they are to be reuerenced And the * 13. Elza cap. 12. statute cléerlie decideth the tollerating of all priests in their functions ordered neither in the time of king Edward nor in hir Maiesties reigne so they publikelie did testifie before a time there prefixed their vniformitie with this church in matters of religion By the practise of our church after God had opened their eies to sée the truth they were not onely tollerated but some of them aduanced by our godlie Princesse to the highest dignities in it And God did not onlie singularlie blesse their ministerie towards others but vouchsafed the persons of some of them the crowne of martyrdome Euen in the reformed churches of France thought of all other by our men most strict and woorthiest of imitation such as had béene popish priests as may appeare were tollerated to continue their function and to reteine their benefices being conuerted to the gospell CoÌ„me * Pierre Viret in Decalog ie ne veux c. As I will not saith Viret at all condemne the tolleration vsed towards such for christian charitie sake and bicause they should not bee driuen to despaire so would I also desire they should vnderstand that they may not hold those goods with a good conscience except they labour to the vttermost of their power according to the estate whereto God hath called them to the edification of the church and the releefe of the poore whose goods they inioy And to this effect he also speaketh more at large in an epistle written to the faithfull And it is conteined in the * La discipline eccles des esglises reformes duroyaulme de France art 2 3. discipline set downe by all the reformed churches of France that Bishops priests and monks conuerted to the gospell from Poperie might be assumed to the ministerie of the gospell after the confession of their faults and errors and good experience had of their conuersation and doctrine The like may be said of other churches abroad
allegations for making void of all ordinations of deacons and ministers wherein anie point of the prescribed forme or maner was omitted which may appeare by the conclusion of this section in which he gathereth certeine points To be essentiall and not accidentall he therefore thought good here for the better winding of all whome he imagineth vnlearned ministers into the danger of vsurpation to note certeine particular solemnities concerning the examination time and presenting of clearkes to be ordeined hoping belike that vpon his poore credit we would accept them without proofe to be essentiall points of this action Wherevpon he promiseth to himselfe a triumph of his owne decreeing as not doubting but that all or some of these haue béene omitted at the ordinations of vnlearned ministers But what spirit shall we saie this man to be lead by which vpon his owne onelie vncharitable surmise of such omissions euen contrarie to that which the law presumeth dare so confidentlie and publikelie call in question not onelie the lawfulnesse of calling and staie of liuing of all vnlearned ministers against whome principallie he séemeth to bend his forces but of all other euen the best and most learned in the land Séeing it is as likelie that some or all of these solemnities were omitted and let slip at their ordinations as at any others But thanked be God there is no cause for them to dismay themselues all this wind is but a painted blast like that which bloweth at the end of a map and will shake neither corne nor chaffe The * Gl. in ver inuestigent c. quan dist 24. glosse alledged that He that is not examined before his ordering is to be deposed cannot well and simplie be vnderstood of the minister ordeined First bicause it is not gathered of the text whereon he gloseth nor vpon that * c. nihil est §. Epi. Ext. de elect electi which he bringeth for proofe of it For that text onelie punisheth the Bishop that ordeineth vnworthie men not mentioning any examination of inferior ministers which the penaltie else-where by canons prouided which is * c. cū in cunctis §. fin d. to be bereaued of conferring of orders and benefices And what reason indéed was there to depose the minister bicause the Bishop did not examine him Againe by this interpretation the glosse should be contrarie to it selfe as in another place to another purpose is shewed where * Gl. vnica in c. nullus ordi ne tur dist 24 is said Heere you haue to marke that the testimonie of the people is equiualent to examination wherevpon it is sufficient that a clearke to be ordeined haue a good fame of his side And this also * c. de Petro. dist 47. c. valde di 94. c. mandata Ext. de praesumptionib appeareth bicause those which are knowne are not to be examined but onlie strangers And againe the same glosse vpon the selfe-same chapter * Gl. in c. quādo ver aliàs dist 24. speaking of Examination and that otherwise the Bishop without aduise of other clearkes and the good testimonie of the people may not presume to ordeine saith Aliàs c Otherwise that is to saie if they be not examined by those who are about the Bishop or tried by the testimonie of the people So that we sée it is so farre off from deposing a minister bicause at his ordering he was not examined that it is not necessarie alwaies that he be examined and the verie words of the glosse alledged are doubtfull and indifferent to be applied as well to the deposition of the Bishop which dooth not cause the clearks to be examined as of any other so that if there were law to warrant it I should thinke it ment of the Bishops onelie deposing These * Gl. d. in ver inuestigent three saith that glosse lawfull age sufficient learning and honest conuersation are especiallie to be required and if he be not examined in these three Deponendus est Which our author meaning to put out of all doubt to be meant of the partie so ordeined hath either foisted in this whole sentence If any be made an elder or deacon without examination let him be cast out from the cleargie or else I must saie he hath a larger booke to serue his turne than ordinarie yea though it were so to be vnderstood whereof I haue prooued the contrarie yet it maketh not such Ipso facto to be intrudors and no ministers at all but leaueth them to be deposed by sentence of their Ordinarie which with no reason can depose them onelie bicause he himselfe neglected to haue them examined That which he bringeth héere out of the canon law concerning the time of ordinations if it be alledged as being in force with vs I answer that he must first tell vs which of the canons varieng amongst themselues hereabouts we must reteine for law amongst vs. Some of the oldest appoint a c. quod à patribus c. quod die 75. dist onlie the Lords daie other some b c. vlt. ibid. appoint for this purpose the foure solemne feasts which we cal imberdaies and the saturdaie before the passion sundaie onelie his text c Sane super eo Ext. de temp ordinat mentioneth onelie the foure solemne feasts and the d c. De eo autem ibidem next chapter following addeth the saturdaie next before Caster daie and the saturdaie before passion sundaie Againe our generall costome vniformelie obserued which cannot by reason of the multitude so ordeined without e Sane extra de tempori ordinat great offense and confusion be now as a corruption with all acts there vpon depending disannulled dooth by lawe sufficientlie establish all ministers ordeined at other times than the canons doo prefix Lastlie and chéefclie the act of parlement which declareth all such to be rightlie made and ordered that be made according to the booke for that purpose prouided dooth stronglie confute this assertion For the booke saith The Bishop may vpon a sundaie or holiedaie admit c which being a statute neither prohibitiue nor annullatiue giuing libertie to the Bishop to make deacons and ministers on sundaies or holiedaies as it dooth sufficientlie repeale the strictnesse of the canons herein so dooth it by no construction make void the ordination of such as be ordeined on other daies But if he will inforce that as the time of ordinations with them was an essentiall forme and solemnitie so the sundaie and holiedaie must be with vs I saie the difference betwixt them is great For the * c. de eo autem d. canon law saith It shall not be lawfull for any Bishop to ordeine at anie other time but the booke onelie saith The Bishop may vpon a sundaie or holiedaie admit And the canon it selfe dooth not so make the time to be of the substance of that action that those who are ordeined at other times shall thereby be accompted as
haue a true church in England wherby it appeareth he taketh such for no Honest poore men nor the Lords watchmen which say we haue scarse the face of a true church in England Next he acknowledgeth Hir Maiesties lawfull and sole souereigne gouernement ouer all causes and persons whervpon may be gathered he was not well aduised afore in séeking The authors inconstancie to establish popular elections of ministers where vpon of consequence would follow as also no lesse is included in the generalitie of his proofs that Bishops and Deanes nominations shall be attributed also from hir Daiestie vnto the people nor yet when he made the contempt of obeieng hir Daiesties lawes concerning indifferent rites and ceremonies a commendable thing in them as procéeding Of conscience and of feare to offend GOD in any small thing For in what causes ecclesiasticall can hir Highnesse lawfull gouernement be exercised and bestowed if with a good conscience and without offense of God shée may be disobeied in matters méerelie indifferent He goeth on and confesseth That hir Maiestie ought to put in execution according to the prescript rule of Gods word the doctrines deliuered by the ministers for abolishing of all and all maner superstitions and abuses reteined in the church and for the establishing of a perfect gouernment of it Whereby we may sée how hard it is for a cat of mountaine to change his spots or a Morian his tanned hue or for him to plaie a little vpon his old by-asse For dooth he not héere in a manner plainelie condemne hir Haiestie Factious speaches not to haue doone as the Ought nor according to the prescript rule of Gods word Dooth he not insinuate the perfect gouernment of the church not to be yet established And dooth he not expresselie saie that Superstitions and abuses are reteined in the church D wicked and vngratefull wretches to the Daiestie of God and to his lieutenant the Duéenes Highnesse which in regard of so manie and so manifold blessings by hir ministerie bestowed doo recompense and requite them with repining and with slander in this maner Non sic fecit Deus omni nationi who make vs all thankefull for them The other three members of his spéech and confession in this place touching the ministers duetie towards magistrate and people of the peoples obedience to the magistrats and ministers and of the concurrence of the ministers instruction with the magistrats authoritie in the gouernement of the church though no more than of the rest I can sée how they are incident to this treatise yet I doo not perceiue any cause whie they should be reiected Neuerthelesse if the minister as doubting of the lawfulnesse of his owne externall calling and the magistrate and people as surmising him to haue runne before he was sent should beéeue our author in his former nice points about ordinations I cannot coniecture that either the minister with any couragious spirit can discharge this dutie or that the magistrate and people can or will regard that which he speaketh as they ought to doo from the mouth of him that is Gods true ambassador vnto them or yéeld vnto their maintenance their tithes and other duties trulie and faithfullie as they ought The examples which he here bringeth though some of them sound suspiciouslie considering from whome they procéed are méere apologeticall tending to prooue that the ministers and people may not of their own head without the princes authoritie séeke to execute any reformation and thereby to purge our author from the suspicion of the traitorous heresie of certeine late pestilent Sectaries But his repining and mutinous doubting with his Ifs and And 's which he casteth in the necke of his former apologie whereby like Scyria capra he ouerturneth the milke with his heele that afore he yéelved dooth be wraie his discontented mind and slender estimation he carrieth of the godlie reformation established by hir Maiestie For what else doo these voices yéeld If hir Maiesties eies be not Seditious speeches and vndutifull yet opened if some blemishes and blots remaine in hir gouernement if councellors be hired to trouble the building all the daies of Cyrus if the wals must be reedified by Eliashib if the church must tarrie Gods leisure if any other glorious purpose be to worke in our daies by hir Highnesse but to fill vnstable heads of the people to whom this booke was especiallie addressed with buzzing of dislike to things present and hope of alterations and new fangled innouations hereafter Which conceits cannot tend any waies to hir Daiesties honour nor worke to the securitie and quiet of the realme And those which haue so quezie and squemish stomachs at the state present ioined with such an esseminate longing and Absurd appetite of restlesse and endlesse alternations in church matters I praie God they haue not cause with the first neuer to haue wished change nor that they euer sée the time wherein they would with all their hearts desire with fauour and libertie of conscience to enioie that forme of liturgie ecclesiasticall policie and church gouernement which by the mercies of God and hir Daiesties ministerie are now planted in this church if they might hope to atteine it Bonum non fruendo sed carendo redditur charius 47. Section Pag. 95 96 97. THus hauing shewed some part of his former Apologie and protestation to be verie doubtfullie deliuered and both that and other his spéeches afore to be verie Offensiue vnto manie and therefore that which his guiltie conscience telleth him Might haue beene dangerous to his person is not yet ouerblowne or auoided we are now come to his purgation of that which might and hath béene obiected that he Insinuateth indeed no lawfull ministerie to be in England But he confesseth now That euerie one meet and apt to teach that euerie one qualified as is requisite that euerie one mooued inwardlie by the Holie-ghost and outwardlie called and appointed by the Bishop hauing authoritie by the order of this church of England is indeed and by law a minister If these be spoken distributiuelie as the word Euerie and the Intersections by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 doo import then hath he established some a minister without Outward calling so he be otherwise qualified as is requisite then may a man be qualified as is requisite thereto being not apt to teach nor inwardlie mooued vnto it by the Holie-ghost or outwardlie called appointed by the Bishop And what if he after this mans construction haue not Authoritie by th' order of this church of England as not hauing béene consecrated by such a B. as was consecrated according to th' order of the booke established Which our author maketh so necessarie as that he reasoneth afore out of the words of the statute negatiuelie to wit none to be a Bishop priest or deacon but such as Pag. 77. were consecrated and ordered according to the forme and maner of that booke but admitting them to be taken iointlie
where Noble men did vndertake that office Shall we thinke it méet that the renenues of the church should be alloted out to their maintenance according to their degrées Trulie either they must haue short commons or else their churches and seuerall parishes must content themselues without many such Semors Now let vs also brieflie consider what they teach concerning the persons that are to serue and to belong to this presbyteriall gouernement Our men in their bookes doo attribute the chiefest degrée of dignitie in their ecclesiasticall kingdome to the pastor the next to the doctor the elders whether knights lords earles dukes or princes must content themselues to be reckoned in the third place and the deacons in the fourth Yea the discipline of France suffereth the matter of preheminence betwixt deacons and anciens to be whelie vndercided where * Art 6. deâ— Anciens Diacres en la discipline de France they saie The deacons and anciens may not pretend any preheminence or superioritie the one aboue the other Now it must néeds be intended that the pastor is aboue the deacon whereby it will follow séeing they doo wey the deacons and anciens alike that the pastor is to be preferred afore them both which will no doubt be a verie seemelie matter where he is preferred in commission aboue his souereigne Lord. Yet * Simlerus de repub Heluet fol. 172. at Saint Galles in Switzerland where ministers haue an ordinarie authoritie with the rest in the Presbyterie it is thought more agréeable with scripture that a meere laie man should be chiefe and so doo they vse it Againe the consistories of Zurike and Basil doo wholie consist of laie men yet certeine Diuines and Ministers are â—oined as assistants to them But at * Simlerus ibid. fol. 148. Schaphausen ministers are not so much as called to be assistants But the reformed churches in France doo clearelie determine that the ministers are and ought to be Praesidents and chiefe in their * Art 4. du Consistoire en la discipl de France Daneus 2. parte Isago li. 2. cap. 20. consistories For they say The ministers of the word of God and the anciens make the consistorie of the church ouer which the said ministers ought to be praesidents Howbeit in the verie next article they set downe * Art 5. en la discipl de France that A ciuill magistrate may be called to the charge of an ancien in the consistorie so that the exercise of the one shall not hinder the exercise of the other nor shall be preiudiciall to the church Whereby may necessarilie be concluded that they thinke it requisite the pastor in the consistorie to take place before the prince if he be vouchsafed that worship as to be called amongst them Yet by their leaues they prouide not herein so fullie for the pastors souereigntie in that gouernement as they wéene if matters come to be decided by most voices For it can not be credible but that the prince or any Nobleman or great Gentleman shall easilie be able to win his fellow-assistants in consistorie being in all other respects farre his inferiors and many waies by all likelihood deuoted vnto him to be of his iudgement whensoeuer it shall happen that the Pastor and he doo varie in opinion For I haue not red that they mind in all matters to make the Pastor onelie of the Quorum And no maruell though they thus debase Princes by making them range with the rest of their Seniors and Church-gouernors considering how much soeuer they sarre in other points yet they iump in this to debar princes of that right of gouernement in matters and ouer persons ecclesiasticall which the word of God and all the examples of godlie kings in Iuda dooth afford vnto them Therefore one of them as in great scorne most slanderouslie vntrulie a Soldior of Barwike pag. 8. saith That for the princes pleasure poperie is turned into policie And afterward b Ibidem more traitorouslie If the prince with Gedeon Nadab Abihu Vzza Vzziah and Saule will intermedle without Gods warrant as she hath doone pag. 152 lin 20. with matters of religion pag. 157 lin 4. with Gods matters pag. 141 lin 21. she must thinke it no iniurie to be disobeied pag. 143 line 13. Agréeablie to which though not so round and peremptorie is that mislike which another of them hath hereof * T. C. pag. 157 161. that hir Paiestie hath preheminence and chéefe authoritie in determining of church causes and making ecclesiasticall orders and ceremonies and likewise * T. C. pa. 161 that hir Maiestie in councels for church matters is the chéese who should be onelie there an assistant A third of them also thinketh it inconuenient * Admo 2. that without hir Maiesties assent ecclesiasticall persons cannot make orders or ceremonies In which respect the a T. C. other before alledged thinketh it expedient that hir Maiestie should be of some particular parish and so in subiection to the censures of a presbyterie either to be suspended or excommunicated as occasion shall require Therfore a fourth of them prescribeth generallie to princes and all other whomesoeuer if they be not of their presbyterie b Ecclesiast discipl pag. 142. thus Of all these in a maner this is the onelie dutie that they suffer themselues easilie and willinglie to be ruled and gouerned by others whome God hath set ouer them But more particularlie c Ibi. pa. 285. else-where speaking of kings and magistrats he saith These no lesse than the rest must obey and yeeld to the iust authoritie of the ecclesiasticall magistrates Therefore another besides all these saith that not onelie d Daneus par 2. Isag li. 2. cap. 62. The consistorie may and ought to admonish the magistrate which is negligent in punishing vice but e Ibid. ca. 67. also may vpon knowledge of the cause taken excommunicate euen the cheefe magistrate vnto the which he ought to submit himselfe And therefore he saith that which is brought as out of Augustine that a prince may not be excommunicated In additio ad 3. 2. Thomae dooth not hinder this bicause it is false And least this dutie though it be verie rigorouslie exacted should but slenderlie be performed one of them f T. C. pa. 645 also saith Princes must remember to subiect themselues to the church and to submit their scepters to throwe downe their crownes before the church yea to licke the dust of the feet of the church Meaning as appeareth by the name of the Church their presbyterie And * Br. another whome I would not deigne to speake of but that he agreeth with them herein saith Kings must be bound with chaines and the nobles with fetters of yron meaning by the authoritie of the eldership or presbyterie And againe They must obeie the scepter that is to saie the gouernement of Christ in their elderships if they be christians
without all ryme or reason They expound VVhere which is a worde signifieng place and referred to a place for VVhen which is a worde importing time But had this worde VVhen bene placed in steede of VVhere they might perhaps haue had some cloake for the rayne for so the worde VVhen and the worde Shalt might both haue had relation to the tyme to come Pag. 44 And yet notwithstanding this kinde of speech would haue bene but a harsh kinde of speech namely to say Take thou authoritie to preach when thou shalt haue authoritie to preach coupling the present tense with the future tense the tyme present with the tyme to come applying that to them selues but men which is onely proper and peculiar to the holy Ghost vsing the future tense and the tyme to come for the certaintie of the euent thereof in steade of the present tense and the time present But these words Take thou authoritie to preach the worde to the Congregation in the place where thou shalt be appoynted is a very proper kinde of speech and the words themselues carry with them a naturall sense As if the statute should haue precisely and absolutely sayd thus In what place soeuer thou shalt hereafter be appoynted to execute the office of a Minister thou hast nowe authoritie giuen thee to preach For in case this were not the naturall meaning of the statute they might well forbid the Minister to administer the Sacraments without speciall licence in writing or not to praye or not to fast or not to saye seruice or not to burye the deade and such like But there is more to serue their turnes and to helpe their cause in the law Canon and in the Iniunctions the law Canon being thus QVIA VERO NONNVLLI c. But because some Ex. de hareâ—â—â—excom § Quia vero vnder the colour of godlines denying as the Apostle sayth the power thereof challenge vnto themselues authoritie to preach whereas the Apostle sayth Howe shall they preach vnlesse they be sent all they which are forbidden or not sent shall besides authoritie giuen vnto them either from the Apostolike sea or the Catholike Bishop of the place publikely or priuately presume to vsurpe the office of preaching let them be excommunicated and vnlesse they speedily repent let them be punished with some other competent paine Pag. 45 The Iniunction being this Item that they the persons aboue rehearsed shall preach in their owne persons once in euery quarter of the yeare at the least one sermon being licensed specially therevnto Wherevnto I aunswere that this decree and this Iniunction requiring speciall licenses to preach And the Bishop by vertue of the foresayd statute giuing authoritie to preache cannot â—arre much and that one litle wrest will set them in tune their oddes is so small If I say vnto one by word of mouth Syr take here the keye of the gate of my pasture where my grey ambling gelding runneth open the gate bring him out take him to your owne vse I giue him you frankly hath he not as good a title and interest to my horse as if I had made him a bill of sale vnder my hande and seale And hath not the Minister likewise as well a speciall license from a Bishop to preach that is willed openly in the presence of God men and angels as he that hath a speciall license giuen him alone in a corner the one is pronounced solemnly in the middest of the congregation the other is done secretly by a Goose quill Moreouer neither doth the foresayd Canon neither yet the Iniunction require a speciall license in writing to the ende that the Minister should haue power thereby onely to preach For so should you take away the forme and order appointed by act of Parlement whereby authoritie is giuen to a Minister to preach and commit the making of a Minister to the Bishop without a congregation But the ende why a speciall license ought to be had is not so much for the partie himselfe to preach within his owne cure as for them that shall admit him to preach out of his owne cure And that appeareth manifestly by the eight article of the Iniunctions The words are these Also that they shall admit no man within any their cures but such as shall appeare vnto them to be sufficiently licensed therevnto c. And in the ende of this Iniunction it is expresly permitted to euery Minister to preache within his owne sure though he be not specially licensed therevnto Pag. 46 The words are these And that no other be suffered to preach out of his owne cure or parrish then such as shall be licensed as is before expressed Therfore a Minister to preach within his owne cure yea though he haue no license is commaunded In the time of Henry the 4. at what time Wickliffe preached the Gospell the very same lawes were established against him and his brethren to staye the course of the Gospell and yet were neuer any forbidden to preach in their owne parrishes as appeareth by that that followeth Let no man within this Realme or other the Kings dominions presume or take vpon him to preach priuily or apertly without speciall license first obtained of the Ordinary of the same place Curates in their owne parrish Churches and persons heretofore priuiledged and others admitted by the Canon law onely excepted And that no manner of person secular or regular being authorized to preach by the lawes now prescribed or licensed by speciall priuiledge shall take vpon him the office of preaching the word of God or by any meanes preach vnto the Cleargie or Layetie either in the church or without in Latine or English except he first present him self be examined of yâ— Ordinary of the place where he preacheth and â—o being found a fit person as wel in maners as in knowledge he shal be sent by the sayd Ordinary to some one Church or more as shall be thought expedient by the sayd Ordinary according to the qualitie of the person Nor any person aforesayd shall presume â—o preach except first he giue faithfull signification in due forme of his sending and authoritie that is that he that is authorized doe come in forme appointed him in that behalfe and those that affirme they come by speciall priuiledge doe shew their priuiledge vnto the Parson or Vicar of the place where they preach And those that pretend themselues to be sent by the Ordinarie of the place shall likewise shew the Ordinaries letters made vnto him for that purpose vnder his great seale Pag. 47 Let vs alwaies vnderstand the Curate hauing perpetuitie to be sent of right to the people of his owne cure Furthermore no Cleargy man or Perochians of any parrish or place within our prouince of Canterb shal admit any man to preach within the churches churchyards or other places whatsoeuer except there be first manifest knowledge had of his authoritie priuiledge or sending thither according to the order aforesayd
Touching the first protestation to be made promised and subscribed by them that shall hereafter be admitted to any office roome or cure in any Church or other place Ecclesiastical contained in these words in the booke of aduertisements In primis I shall not preach or publikely interpret but onely reade that which is appointed by publike authoritie without special licence of the Bishop vnder his seale though her Maiesties most excellent name be vsed by the publishers of the sayd aduertisements for confirmation of them and that they affirme her M. to haue commanded them therevnto by her highnes letters yet because the booke it selfe commeth forth without her M priuiledge and is not printed by her M. Printer nor any in his name therefore it carrieth no such credite and authoritie with it as wherevnto her M. subiects are necessarily bound to subscribe hauing other lawes and other Iniunctions vnder her M. name and authorized by her M. priuiledge contrary to the same For her M. by her Iniunctions commaundeth euery Minister to preach within his owne cure without licence as before you haue heard But let vs goe forward It hath bene shewed before that euery one to be made a Deacon or a minister ought be to called tried examined knowen to haue such qualities as were requisite that mention also hath bene made of yâ— face of a church of the Latine tongue of many other circumstances necessary to that action all which things set downe rather generally then particularly described require a larger discourse Panormitan yâ— doctors vpon yâ— ciuil canonical law haue these coÌ„clusions Pag. 49 Statuta debent interpretari secundùm ius commune siue debentinterpretationem â—x n. â—a dictâ—â— de consuâ—tâ—â— nu 22. recipere à iure communi statuti verba dubia debent interpretari vt minùs laedat ius commune quà m sit possible Statutes ought to be interpreted according to common lawe or statutes ought to receiue their interpretation from common law and doubtfull words of a statute ought to be so construed that they be as little preiudiciall to the common lawe as is possible Out of which conclusions I collect this rule Namely that where a statute shall establish an office practized and had in vse before the making of the statute and shall require a calling a tryall an examination and qualities in an officer meete to execute that office and shall not specifie and declare any particular kind of calling of tryall of examination and such qualities c. that then such manner of calling of tryall of examination and such qualities are required by that statute to be in such an officer as by common right were requisite for such an officer before the making of that statute And because by the viewe of the former order it selfe it is very apparant that the same forme and order was appoynted by men very desirous to promote as much as in them lay the honour and glory of God and to abolish all superstitions and trumperies brought into his Church Therefore because I ought by duetie to conceiue their meaning to the best and most agreeable to their profession I say that they meant herein onely such calling such tryall such examination and such qualities as are requisite to be in a Deacon and in a Minister by the lawe of God Which is euident both by the order of prayer vsed at the time of their orderings and also by the Scripture read for that purpose The prayer followeth Almightie God which by thy diuine prouidence hast appoynted diuers orders of Ministers in the Church and diddest inspyre thyne holy Apostles to choose vnto this order of Deacons the first Martyr S. Steuen with other mercifully behold these thy seruaunts now called to the like office and administration Pag. 49 replenish them so with the truth of thy doctrine and innocencie of life that both by worde and good example they may faithfully serue thee in this office to the glorye of thy name and profit of the Congregation thorough the merits of our Sauiour Iesus Christ who liueth and raigneth with thee and the holy Ghost now and euer Amen After this prayer followeth the Epistle out of Timothie Likewise must the Ministers be honest not double tongued not giuen to much wine neither greedy of filthy lucre but holding the misterie of the faith with a true conscience And let them first be proued and let them minister so that no man be able to reproue them Euen so must their wiues be honest not euill speakers but sober and faithfull in all things Let the Deacons be the husbands of one wife and such as rule their children well and their owne housholds For they that minister well get themselues a good degree and a great libertie in the faith which is in Iesu Christ c. or else this out of the sixt of the Acts. Then the twelue called the multitude of the Disciples together and sayd It is not meete that we should leaue the word of God and serue tables wherefore brethren looke ye out among you seuen men of honest report and full of the holy Ghost and wisedome to whome we may commit this businesse but we will giue our selues to continuall prayer and to the administration of the word And that saying pleased the whole multitude and they chose Steuen a man full of faith and full of the holy Ghost and Philip and Procorus and Nicanor and Timon and Parmenas and Nicolas a conuert of Antioche These they set before the Apostles and when they had prayed they layd their hands on them c. Pag. 50 The Communion ended shall be sayd this Collect. ALmighty God giuer of all good things which of thy great goodnesse hast vouchsafed to accept and take these thy seruaunts vnto the office of Deacons make them we beseech thee O Lord to be modest humble and constant in their ministration to haue a ready will to obserue all Spirituall Discipline that they hauing alwayes the testimonie of a good conscience and continuing euer stable and strong Fol. 1. pag. 8. in thy Sonne Christ may so well vse themselues in this inferior office that they may be found worthy to be called to the higher ministeries in the Church thorough the same thy Sonne our Sauiour Christ to whome be glorie and honour world without ende Amen The Epistle appointed at the tyme of ordering of Ministers shall be read out of the twenty chapter of the Acts. FRom Mileto Paule sent messengers to Ephesus and called the Elders Foâ—â— pag. â— of the Congregation which when they were come to him he sayd vnto them Ye knowe that from the first day that I came into Asia after what manner I haue bene with you at all seasons seruing the Lorde with all humblenesse of minde and with many teares and temptations which happened vnto me by the layings awaite of the Iewes because I would keepe backe nothing that was profitable vnto you but to shew you and teach you