nisi cum pridem §. alia verò causa Ext. de renunc therefore the decretall epistle to the Bishop of Arles saith There is another cause for the which a man may desire to be released from the burthen of a Bishops charge which is weakenes of bodie arising either of sicknesse or of old age and yet euerie debilitie is not such but that onelie whereby a man is made vnable to execute his pastorall dutie for if vpon euerie weakenes of bodie the office of seruice once taken in hand might be forsaken in vaine had the apostle confessed that he did euen glorie in some his infirmities Seeing that the weakenes of age ought sometime no more to wey with a man to make him resigne than that ripenes of behauiour which often accompanieth old men ought to persuade with him to continue in his owne function For of such saith the apostle When I am in weakenes then am I stronger for sometimes the weakenes of the bodie dooth increase the valoure of the mind But now againe he leaueth the matter of resignation and for proofe of his principall issue he bringeth two allegations one out of the common Extrauagants and the other out of the Clementines which doo séeme to me to be brought in but to make a number and culled out without choise there being much more pregnant places to that purpose which in his cursorie and desultorie perusall of these bookes did escape his hands For these doo onelie require that vnfit persons in knowledge maners or age be not preferred to ecclesiasticall liuings whereof I would gladlie learne how it could follow that therefore whosoeuer is not able to preach and is not endowed with all those gifts which are in this discourse required is for want of knowledge vnfit which is his generall scope where at he leuelleth Which knowledge and skill to be able to profit the churches where they serue that it is no such exact cunning as he dooth beare vs in hand hath partlie appeared afore and better shall appeare afterward And trulie his choise was verie slender when he chose the preamble of that canon wherein the pope pretendeth bicause he would be sure to haue such chosen as should both gouerne and profit the church that therefore he taketh the prouision and bestowing of all ecclesiasticall liuings into his owne hands which should happen to fall void in the court of Rome or within two daies iorneie of the same The Constitution of Otho alledged telleth what kind of maister is indéed required yet without mention of anie preaching nor yet in that strict maner but that occasions may happen that a man more meanelie qualified may be tolerated in the ministerie In which respect the * Gl. in constit Otho Sacer ordo verbo illiteratos glosse saith If the preests should be poore either by their parentage or through the barrennes or wasting of the countrie so that they could not applie their studie but should be driuen otherwise to get their liuing by handie labour it is to be thought that then they ought with fauour to be tolerated yet so that they be something more skilfull than lay men especiallie about the sacrament of the altar whereabout they are dailie occupied Which is the verie case of this our church in manie places the more is the pitie His next allegation out of the same place he hath both mangled FalsificatioÌ„ and falsified For where the Constitution inueiheth against those that haue the liuing and roome of priests being not in orders but more like souldiers than priests As hauing no care of holie life or learning this he maketh generall vnto manie besides And where the text hath Simplex sacerdos that is saith the * Gl. ibidem verbo simplex sacerdos glosse not intituled to the church but a stipendarie curate he adding to the text translateth it A sillie ignorant priest 8. Section Pag. 14 15. THis Constitution of Otho amongst other things forbidding vnlearned men to be ordered ministers dooth not prooue euerie one to be vnlearned that is not fit to preach and expound scriptures which is a point of more competent skill than an abilitie as occasion is offered to exhort to good life to dehort from vice or to comfort in aduersitie though the same cannot to anie purpose be done without some skill and practise in the scriptures And therfore the author hauing so slenderlie prooued that which is his intention had the lesse cause herevpon thus to set vp his fethers and vntrulie and gibinglie to saie that the canons published 1571. and the aduertisements doo yéeld testimonie that the Bishops A slaunderous vntruth doo proceed first and inquire afterwards that they first giue the minister a charge appointing him to teach and afterwards send him to the Archdeacons or his Officials court to learne whereas the said canon agréed vpon but not yet that I can learne confirmed by authoritie and the aduertisements alledged doo onelie charge the Archdeacons and their Substitutes to take an accompt in their visitations of the meaner sort of the clergie of certeine chapters of the new testament without booke to the intent it may appeare both how they profit in scripture and that thereby they may be the more perfect in the text Which thing if it should be also performed voluntarilie as a priuate exercise by the best and most learned ministers that we haue I thinke it might greatlie profit them and no modest man would interpret it so that they did but then begin to learne the scriptures as héere is odiousâ—â—e insinuated It is reported of B. Latymer of reuerend memorie being accused by his persecutors neuer to haue exercised himselfe in scripture bicause they saw some debilities of old age appeare in him that he should answer that the baie trees in Clare hall in Cambridge were able if they could speake to witnesse with him that he conned without booke vnder them all the epistles of S. Paule The words of Barthol are not as our author hath alledged them but thus Qualitas adiecta verbo intelligitur secundum tempus verbi and they are brought in by him onelie in waie of obiection against the text which is contrarie to this Corrupt dealing of the author rule as his solution of the said obiection dooth plainelie shew For he saith It is a * Bartol in l. si quis posthumos §. filium ff de liberis posth sufficient verification of these words he dieth intestat though a man haue made a will the daie of his death if vpon anie occasion afterward falling out as by the birth of a child vnto him after his buriall the said will and testament be reuersed So that we sée it is not generall that The qualitie adioined to anie verbe must be construed according to the tense of the same verbe The law which he quoteth ff de ferijs hath no one word giuing anie colour or sounding anie thing that waie The other * L. 43.
Otho I haue before cited this decree following which Constitu Otho Sacer. may aptly be repeated againe to prooue the hauing of a scrutine to be necessary before the making of Ministers as it was there to proue what qualities were requisite in them Quare cum nimis periculosum sit c. Considering that it is a thing verie perillous to ordaine men vnworthie idiots illegitimate irregular persons vnlearned persons vagarant and such as haue not anie certaine or true title indeed we ordaine that before the conferring of orders diligent inquisition and search be made by the Byshoppe of all these things And the glose vpon the word antè Est ergo necessarium c. It is therefore necessarie that this scrutine of the examinants preceede the conferring of orders euen as the commaundement of the father or maister must necessarily preuent the taking of an inheritaunce by the sonne or by the seruant and this must be so done for the irreuocable preiudice that otherwise might happen And because this collation hangeth on the disposition of law any preposteration contrarie to the order appointed by law shall annihilate the whole act Againe an other glose hath these wordes Ordinandi ita sunt subtiliter examinandi inquirendum est de natione in qua nati sunt an sint de illa diocesi an legitimè nati an bonae famae Men to be ordained are Glos in cap. constitutus ver ordinanâ— dos exide purgatione c. narrowly to be examined and there must inquirie be made what countrie men they are whether they be of the same Diocesse whether they be legitimate whether they be of good fame Quia in nullo debet eorum opiâ—â—o vâ—cillare Because their credite ought not to be Distinc 33. 〈◊〉 shaken in anie case And the Pope in that Chapter reprehending the curiositie of the Bishop vnto whome he writeth for too too narrowly inquiring after the manners of certaine compurgatours Vtinam saith he sic discuteres ordinandos I wish thou wouldest make such inquisition of those whom thou preferrest to holie orders Another reason why a Minister should be tried is because he must be learned but qualitas extrinseca vt literatura non praesumitur nisi probetur Glos de elec le â— ca si â—orte ver 〈◊〉 â—â— Dâ—â—â—tu â—â—p l. qui liberos An outward qualitie as learning is not presumed to be in a man vnlesse it be so prooued and therefore he is to be examined vpon the same Pag. 53 Et vbi dare volo filiam meam id est ecclesiam in sponsam debeo inquirere de dignitate sponsiâ— ratio quia eligens tenetur inuenire conditionem debitam filio And where I minde to giue my daughter that is to saie a Church to be a Bryde I ought to Extrauag â—om c. ad â—uiusâ—â—bet de praebâ—nd dig The triall of Ministers enquire of the worthinesse of the Brydegroome videlicet of the Prelate the Brydegroome of the Church and the reason is for that euerie father choosing an husbande for his daughter is bounde by lawe to choose one of condition meete for his daughter In forme and manner of ordering Deacons by the Booke of Edward the sixth a certaine triall is likewise commaunded the Bishoppe vsing these wordes to the Archedeacon Take heede that the Persons whome yee present vnto vs be apt and meete for their learning and godlie conuersation to exercise their ministerie duelie to the honour of God and edifying of his Church This manner of triall cannot better appeare than by a comparison to the proceedings and Commencements in Oxenford or Cambridge familiarly knowen to Schoolemen in both Uniuersities Whosoeuer is to take any degree in Schoole either Bacheler Maister or Doctour in anie facultie he must first set vpon the schole doores his questions where in he is to aunsweare He must publikely aunsweare to euery one that will appose him he must afterward in the Uniuersitie Church submit himselfe priuately to the examination of euery one of that degree wherevnto he desireth to be promoted He must afterwards be brought by his presenter into the congregation house to the iudgement and triall of the whole house and if he shall there haue a sufficient number of his superiours voices allowing his manners and pleased with his learning he is then presented by one of the house to the Vice-chauncellour and Proctours and by them as Iudges in the name of the whole house admitted to his degree The examination whereof mention is made in the Booke of King Edward the sixth somewhat varieth from this kinde of trial and consisteth in the interrogatories betweene the Bishoppe demaunding and the parttie aunswering For saith the Bishoppe Doe you thinke c. Do you vnfainedly beleeue c. Will you applie c. Pag. 57 And the partie aunsweareth I thinke so I doe beleeue I will c. For saith the Booke then shall the Bishop examine euerie one of them that are to be ordained in the presence of the people after this â—l 7. pag. 1. manner following Do ye trust c. Do ye beleeue c. There is also to be required by the Booke that the Bishoppe shoulde haue knowledge of the partie to be made a Deacon or Minister Which knowledge euery man wil gesse should not be a bare view or externall sight of the comelinesse and proportion of his bodily shape and personage but a sure and stedfast iudgement grounded vpon substantiall proofes of the vertues and ornaments of his minde and the same also should be a farre more exquisite knowledge than onelie to know the man to be an honest man because the Booke requireth him also to be an apt and meete man to execute his ministerie duelie for which one amongest euen the meanest of vs all hauing vppon a sodaine espied one like an honest man yea or one happily commended vnto vs to be a right honest man indeed which one I saie of vs would foorthwith familiarly greete this man clappe his handes vppon his head and liberally entertaine him to teach his sonnes Demosthenes in Greek or Cicero in Latine the partie him selfe being such a one as neuer had learned the Greeke Alphabet or the Latine Grammar Would we not be thus circumspect trow you as to trie his cunning ere wee trusted his honesty in this case With what qualities such as are to be made Ministers or Deacons ought to be adorned hath beene alreadie sufficiently declared out of the lawes positiue in force And now what is to be vnderstoode by the face of the Church whereof mention is made in the saide booke that that followeth may sufficiently instruct Distinct 24. c. quando vs. The Canon law touching this point saith thus Alià s autem c. Pag. 58 But otherwise let not a Bishoppe presume to ordaine anie without the councell of the Cleargie and the testimonie of the people Againe see that solemnly at a conuenient time and in 70. Distinct c. ordinationes the
presence of manie standers by you make ordination both of Elders and Leuites And againe the other Priests let them be ordained of their owne Bishoppe so that the Citizens and other Priests giue their assent and so likewise must the Deacons be ordained And againe let not a Bishoppe ordaine any Clearkes 24. Distinct c. Episcopus without the aduise of his Cleargie and so too that he seeke the allowance and good liking of the Citizens And againe let the requests of the Citizens the testimonie of the people the iudgement of the honourable the election of Clearkes be had in the ordination of Clearks And note that these texts and many other mo doe all affirme that elections and ordinations must be made by Citizens and Priests or Clearkes in the plurall number and not by one Citizen or one Priest in the singular number Neither are these decrees to be vnderstoode of the chiefe Priest of euerie Diocesse alone but are verified of euerie Priest throughout the the Countrie as appeareth by the Canon following Sed nec ille Distinct 64. c. Si forte deinceps sacerdos erit quem nec clerus nec populus propriae ciuitatis eligit But he shall be no Priest hencefoorth whom neither Cleargie nor people of his owne Citie hath elected Wherevnto also the Ciuile law accordeth Si verò c. But if holie rules shall prohibite such Authen de sanct Epis § clericos colla nona as be chosen by them as men vnworthie then let the most holie Bishoppe procure to ordaine whomesoeuer he shall thinke best A Bishoppe alone may then ordaine saith this lawe when the people and Cleargie haue chosen vnworthie men it saith not that he may alwaies ordaine alone without contradiction or that the people and Cleargie haue no interest in the action But this lawe onelie prouideth in this case a remedie to supplie the negligence of those vnto whome the election appertaineth if they shall do otherwise therein than becommeth them And to make this matter wherof we intreate more plaine and euident euen by the statutes and ordinances of the realme the choice and ordination of a Minister is not apropried to the Bishoppe alone Pag. 59 First by the statute 25. H. 8. these laws Canons and decrees before specified being then in force in as much as they be neither contrariant nor repugnant to the laws and customes of the realme nor derogatorie to the Queenes prerogatiue royall are confirmed ratified and in force nowe Yea because they are agreeable to the lawes and customes of the realme and maintane her prerogatiue royall as afterwards shall be declared they ought now to be executed Secondly by a Statute made 21. of H. the 8. chap. 13. It is enacted that a Bishop may haue six Chaplains because six Ministers at the least ought to be present when the Bishop giueth orders Thirdly in the Booke of making Priests c. are these words there shall be an exhortation vnto the people declaring how the people ought to esteeme them meaning the Ministers in their vocation And these words the Bishoppe shall say vnto the people Brethren if there be anie c. And these words the Bishop commending such to the praiers of the congregation with the Cleargie and people present shall say c. Then shall the Bishop examine euerie one of them that are to be ordered in the presence of the people By which words and braunches of the Booke it is euident that that people ouer whom the Minister is to be placed ought especially to be present For what profit can a people dwelling at Yorke reap by exhortation of the preacher vnto loue and obedience vnto their Minister when their Minister shall be made at London Her Highnesse the nobilitie and fathers of the land were of more wisdome and vnderstanding I am sure than to imagin that a people dwelling at Carlile could be taught or instructed by a Sermon made at Excester And by the former decrees wherein mention is made of people and Citizens the same people and Citizens if we wil know what Citizens be properly are not taken for the Quiristers the Singers the Organ-plaiers the Canons the Archdeacon of the Cathedrall Church for all these by the Canon law beare the names of Clearks neither are the Bishops seruants taken in these Canons for Citizens Pag. 60 because Citizens by these rules must giue their consents and as hauing a principall interest in the action must not only be eie-witnesses and eare-witnesses to the Bishops vpright dealing but also must be agents and cohelpers themselues But serui and domestici in re non domestica Seruants and folke domesticall in a thing not domestical are not allowed fit witnesses neither haue seruants as seruants any interest And therfore Citizens in these former Canons are Citizens Et re nomine Citizens in deed and in name And as I prooued before out of the statute of the land that as the people of the place destitute of a Pastour must be present and giue their consent at the choice of their Minister so is the same also stablished by Canon law and confirmed by Act of Parlement For this word Consensus siue collaudatio Consentor approbation described to be multorum voluntas ad quos res pertinet simul Glos in c. â— de rebâ—eccle non alienand ver tractatus lib. 6. iniuncta the wil of many vnto whom the matter appertaineth iointly lincked togither prooueth that not onlie Citizens indeed but also that Citizens of the place where the partie should afterwards serus as a Minister ought to giue their consent and allowance to the making him a Minister because the matter of hauing a Minister appertaineth properly vnto none other but chiefly and altogither concerneth them And therefore the law willeth Vt quod omnes tangit ab omnibus approbetur That that be allowed of all which toucheth all Whereat our Bishoppes themselues in their English Canons of discipline haue aimed and wherevnto in wordes they haue agreed The Bishop shall lay his handes on none say they nor at Bishops Canons fol. 5. anie other time but when it shall chaunce some place of ministration to be void in the Diocesse Pag. 61 And therefore I conclude since none must be made a Minister but when it shall chance that some place of ministration be voide and since the consent and allowance of the people whom the matter doth concerne must by the Canons and Statutes in force be had that therefore the people of the place where such place of ministration is voide haue in the choice and appointment of their Minister a speciall interest and prerogatiue Neither ought those ridiculous Canons of that foolish Pope Adrian the prowd Nullus Laicorum principum c. Let none 63. Dist cap. nullus c. non est of the lay Princes or Potentates ioine him selfe to the election or promotion of a Patriarke Metropolitane or any Bishoppe c. Neither ought this and
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
a peacemaker but quarrelling at law for tyth onyons apples cheries not a dispensor of the worde of God not a pastor steward to the Lord to teach to premonish to feede and prouide Foll 11. pag. 2. for the Lords flocke if such a one I say yea if too too many such haue bene admitted into the holy Ministerie and all these solemnities vnsolemnly abused may it not be rightly concluded that such by our statute law be no lawfull Ministers at all VVas the worde of any Bishop only the word of the high Bishop Iesus Christ excepted in any time or in any place a lawe against the Lawe of a nation VVas the lawe of a whole Empire euer tied to the will of one man in a Diocesse If the thing it selfe were not manifest to the viewe of the whole Realme and that the vnlearned ministers in euerie parte of the Realme were not glasses to see these deformities by and that the daily and lamentable complaints in the eares of hir honorable councell were not euident testimonies thereof Yet were their owne registers and recordes thorowly perused they would teach vs sufficiently that these things yea and worse too if worse may be are neither fained nor forged And therefore I conclude thus 1 Wheresoeuer a certaine forme and order to proceede is appointed to any hauing no authoritie before his commission that there if the forme be not kept the processe by lawe is meerely voyd 2 But our Bishops before the making of the statute of Edward the sixt and the confirmation thereof 8. Elizabeth had no authoritie to make Deacons or ministers Pag. 85 3 Therefore their processe not made according to the order and forme of the statute is voyd and therefore our dumbe and idoll Ministers no Ministers at all Herennius Modestinus answered that a Senator was not therefore a Senator because he had his name onely in the table or register where the names of Senators were written vnles he also were made a Senator according to lawe And the glosse vpon that law verifieth the same to be an argument Contra 〈◊〉 qui non sunt rectè in Ecclesiâ—â— coÌ„stituâ— ff quand dieâ— lâ—g vel fideâ— sed l. quod pâ—pillae iâ—â—at gloss Against those that are not rightly placed in Churches If a Legacie be giuen vnto a Pupill whensoeuer she shall marrie if she shall marrie before she be Viâ—i potens the Legacie is not due vntill she be Viri potens quia non potest videri nupta quae virum pati non potest nec videri factum quod non lâ—gitime fit Finally in the preface of the booke of ordering Ministers are these words And therefore to the intent these orders should be continued and reuerently vsed and receiued in this Church of England it is requisite that no man not being at this present Bishop Priest nor Deacon shall execute any of them except he be called tried examined and admitted according to the forme hereafter following And in the 13. yeare of Elizabeth cap 12. it is enacted that all admâ—ssions to benefices institutions and inductions to be made of any person contrary to the forme or prouision of this act and all tollerations dispensations qualifications and license whatsoeuer to be made to the contrary hereof shall be meerely voide in lawe as if they neuer were Another principall reason why these idoll Ministers should not haue so much as the onely name or title of Ministers in word much lesse the place and benefite of Ministers Cod. de autorita praestand l. eum qui. 6. â— 7. si quis deinceps â—x de simo non satis in deede may be for that in deede and truth they haue intruded themselues into the Ministerie onely by fraude and deceite and haue not entered thereinto Bona fide iusto titulo In good faith and by a iust title He that knoweth a Pupill to be vnder age and yet will contract with him without consent of his Tutor Pag. 86 or he that will receiue a Church from the hand of a Laye man or he that will buye and sell Cod. de autorit praestand l. eum qui. 6. q. 7. si quideinceps extra de simo non satis Extra de râ—gu in c. qui contra A contract made betvvene the Bishop and the minister not obserued things dedicate to religious vses cannot in these actions meane any good faith or vse any good conscience because qui contra iura mercatur bonam fidem praesumitur non habere He that against lawe maketh marchandize is presumed not to haue good faith Now in the manner and forme of making Ministers and their admission you haue heard of a solemne couenant and contract by open protestations on both sides made betweene the Bishop and the partie the Bishop demaunding spondes putas facies doest thou promise doest thou thinke wilt thou do The party answering spondeo I do promise puto I doe thinke faciam I wil do it This contract or couenant by law Ciuil is called stipulatio verborum a sure bond made by words and may be called a contract by word By the law of England it is called an assumption And to the end this contract be good in effect as in al other coÌ„tracts so in this especially it is requisite that the same be made bona In ff pro solut l. 3. Cod. de vâ— sur l. venditioni In Cod. de actio oblâ—g l. bonam fide interueniente good faith comming betwene as wel on the part of the demandant as on the part of the answerer For saith the Emperour Bonam fidem considerari in contractibus aequum est Equity requireth that good faith be considered in contracts And that either to this ende Vt cessei dolus ad eorum essentiam or to this end vt cesset dolus ad eorum effectum that guile may cease to the substance of the contract or yâ— guile may cease to the effect of the contract For though according to the nature ff de dol l. elegantâ—r ff de verb. oblâ—g l si quis eâ—m condition of this contract by word the party fraudulently deceiued be notwithstanding by rigour subtilty of law bound to the contract yet inasmuch as the lawe prouideth him a remedy against this mischiefe giueth him a peremptory exception vtterly to exclude yâ— agent from any benefit of his action the contract I say in effect being reuersible is in effect no contract the aduerse partye to be cleared Pag. 87 from the performance thereof Quia contractas non sortitur effectum pâ—opter exceptionem doli The couenant taketh no effect by reason of the exception of guile The law it selfe followeth Si quis c. If any when he had couenanted to be bound after one maner yet notwithstanding by circumuention is bound after another manner he shall in deede stand bound vnto thee by the subtiltie of lawe but he may vse an exception of deceit for in as much as he
Admitting a deacon neither yet there or in him is it necessarilie required but onelie it is said that The Bishop may vpon a sundaie or holie daie admit such a man so qualified as is there prescribed a deacon The other circumstances by the author set downe which he thought he might carrie awaie in a cloud with a streame of words as of Churches being destitute of a pastor of a solemne assemblie and conuocation of the cheefest of the gouernours of the church to be gathered togither in the cheefest citie of the diocesse to present c are required without booke by our author and are belike some Falsificatiō of the booke part of another platforme which he mistooke in stéed of this church of Englands order But if he inforce those words of the statute 8. Eliz. confirming the said booke And shall from hense-foorth be vsed and obserued in all places within this realme for the necessarie obseruation of euerie circumstance arbitrarie afore then must we desire him to rub ouer his logike and his law and to remember that herein we must Reddere singula singulis that such things as were of substance in the booke and such as were of circumstance or arbitrarie solemnitie are not hereby altered but are to be taken in that nature now as they were before in the booke As concerning the qualities requisit in one to be admitted a deacon I maruell he will number Follie in the author that which resteth in experience afterward and which the partie is to promise in time to come to performe to wit To be diligent in his calling as a thing to be weied before his admission And if by the circumstance of Calling he thinke may be inferred anie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or popular election or any other deuise whatsoeuer more than an inward good motion of the partie he may be conuinced sufficientlie by those words Shall present such as come to the Bishop to be admitted The circumstance of being presented by the archdeacon although at solemne and set ordinations it be most vsuall yet is it not of such necessitie but that it may as well be omitted as the Bishop may ordeine one alone when there is no more though the words of presenting doo run in the plurall number To which effect it is also said in the preface that the Bishop knowing either by himselfe or by sufficient testimonie any person to be a man of vertuous conuersation c may admit him c so that the circumstance of Presenting is not of any substantiall forme of the matter In reckoning the offices of the deacon our Falsificatiō author omitteth this limitation In the church where he shall be appointed also to baptize and to preach if he be admitted thereto by the Bishop and this likewise to serch for the sicke poore c Where prouision is so made as not seruing belike so fitlie his turne as he wisheth Whereby we may gather what libertie this man who findeth such fault with other for omitting such and so manie requisites as he fansieth dooth yet permit vnto himselfe to leaue out of his owne distributions 18. Section Pag. 32 33 34 35 36 37. OUt of a part of the forme of ordering priests in this section our author thinketh he hath obserued two Principall points for his purpose one that The minister chargeth himselfe to teach and instruct the people committed to his charge with the doctrine of holie scriptures and this he passeth ouer verie bréefelie The other which deserued with him a marginall direction is that The Bishop bindeth him as well to minister the discipline of Christ within his cure as the doctrine and sacraments of Christ c. and that therefore the minister may as well admonish denounce and excommunicate offenders within his charge as a Bishop may within his diocesse The first whereof perteining to teaching required of the minister although it prooue not a necessarie coherence of preaching with the ministerie séeing manie besides preachers as the father the maister and the housholder are to teach and instruct in godlinesse those who are of their charge yet is it more peculiarlie incident to the treatise here in handling than the other obseruation concerning discipline But shall we saie that this man is well aduised in seeking to inspire euerie minister with a power The authors contrarietie to execute all discipline in the church and that by law now in force when as in a peculiar treatise of this booke he laboureth to prooue that by law Excommunication by one alone is forbidden whereby he pulleth downe with one hand that which he built with the other and sheweth himselfe either verie forgetfull or passing inconstant And herevpon I would be resolued by the author or some other whether he thinke this endowment of euerie minister with the execution of all discipline admitting but not granting it to be so by law to be a conuenient policie for the vnitie and quiet of the church And whether he himselfe had not rather be vnder the forme now in practise in regard of his owne contentment than vnder the infinit dictatorship of his owne minister Or else whether should appellations from the judgement of the minister in this respect be allowed of and whether to the Bishop or to whome And whether the Bishop by this interpretation of law shall not reteine his authoritie of executing the discipline of the church vpon euerie particular minister and in euerie seuerall parish as aforetime seeing the author saith As well as the Bishop in his diocesse And if he shall what if the Bishop vpon good cause and for abusing of the authoritie shall suspend the minister from his iurisdiction of executing discipline Is he not at the same point he was at before And what if the Bishop himselfe dwell in the parish who shall then haue the preheminence And what if the ministers discretion serue him vpon some small or surmised cause to excommunicate some great péere or noble counsellor of his parish whose indignation may turne the whole church to great mischéefe Or to procéed against his patrone who peraduenture hath a bond of him to resigne As manie couetous coruorants and Nimrods haue in these daies whereby the ministerie is more enthralled to the corrupt deuotion of one man than by all the lawes that any waie may concerne them The author séemeth to me to diuide the discipline of the church which he would intitle euerie minister vnto into admonition denuntiation and excommunication If by denuntiation he meane the publishing of excommunication done by himselfe then is it a part thereof if as I rather thinke he meane the second degrée of procéeding vpon faults not publike specified in the 18. of S. Matthew then is this common with the minister vnto all other christians euen as admonition is being the first degrée And where the minister is the partie offended and hath not preuailed neither by his admonition in priuate nor his denuntiation before two or
thrée to whome shall he tell it in the third place where he himselfe hath the authoritie to excommunicate But the power of binding and loosing according to the word of God and the censure of reproouing and sharpe rebuking of publike offenders which doo conteine indéed the whole discipline ment to be attributed by this church of England vnto priuate and inferiour ministers whie are they left out in this place And whie did he not also yéeld vnto euerie minister as well as excommunication the censure also against obstinate heretiks and of anathematisme supposed by the best interpretors to be a higher censure than excommunication and vsed when all hope of amendment is gone And touching his second question whereof onelie as it séemeth any doubt is made Whether the doctrine sacraments and the discipline be to be ministered simplie as the Lord hath commanded or else whether they be to be ministred onelie as this realme hath receiued the same without the commandement of God I saie that as this question is contumelious to this whole church by insinuating a iarre in those points to be established by our lawes with The commandement of God so is it a verie captious and sophisticall question A diuisione bicause he diuideth those things Inconstant dealing in the author that not onelie the booke hath ioined togither but he himselfe within ten lines afore vpon the like copulatiue coniunction vrged the like concurrence of two other seuerall members in this selfe-same sentence And for answer to the question I doo affirme that these thrée are to be ministred both as the Lord hath commanded and as this realme according to the commandements of God hath receiued the same So that the one of these clauses shall not be vnderstood either to limit or restraine the other as he vnskilfullie thinketh may be obiected nor yet Dispositiuelie as though the law ment by authoritie hereof to establish that the order in these things by the realme receiued should be holden as agreable to the word of God but must be taken Enunciatiuelie to declare and affirme for the further incouragement and comfort of those who are to minister these things that following the order by law established they shall doo agréeablie to Gods will Not that it is to be thought that euerie ceremonie forme or circumstance about these thrée things are either in particularitie deliuered in scripture as this man hath not alone absurdlie fansied or that there in either this church or anie other is or can be tied to any such certeine exact forme In hypothesi as we terme it but that certeine generall rules for Articles of religion 34. art ceremonies and gouernement being there set downe euerie church is to followe the said rules in such particular maner as they shall iudge all varietie of circumstances weied to be most fit for the editieng and gouerning of that people For iudgement whereof I thinke that waie surest to follow which hath had the best proofe and experience of profitablenesse by longest continuance of time and purer antiquitie so that it be sure no commandement in the word to be to the contrarie And where as he concludeth though without premisses that A Bishop and a minister ought to minister the discipline of Christ as the Lord hath commanded though the lawes of the realme should not haue receiued the same afterward in plaine terms saith That our discipline vsed in the church of England is not the same which the Lord Christ hath commanded he dooth first iustifie that slander of this church which his question afore The authors slaunder of the whole estate did insinuate Secondlie he directlie contrarieth both that which the booke by law established which he himselfe had a little before affirmed in these words That the discipline is to be executed by the Bishop as he hath committed vnto him by Gods word as he is appointed by the ordinance of the realme to execute Lastlie he héereby both giueth libertie to Bishop and minister to vse what forme so euer of discipline shall séeme to them grounded vpon Gods word and dooth as it were crie an alarum to all men to oppose A seditious asseueration of the author themselues against the discipline of this church as wicked and not agréeable to Christs institution But let vs a little examine his proofes whereby he goeth about to infer that The discipline of the church of England is not according to the commandement of Christ The first reason that It appeareth by the word of God and likewise the second that it so Appeareth also by the discourses written by the learned to and fro are two childish fallacies A petitione principij proouing a thing in doubt by a matter as much or more doubtfull for who being of a contrarie opinion will not straight tell him that his proofe is as euidentlie false as his conclusion That which is said of The discipline of all reformed churches maketh more against him than he is ware of First more reformed churches come néerer vnto our outward policie discipline and ceremonies than those are in number who séeme to dissent from vs. Againe few or no reformed churches especiallie of seuerall nations or dominions doo iumpe in one externall policie of discipline or ceremonies And whie is it not as lawfull for vs héerein to differ from them as for them to differ amongst themselues And how is it possible if such a set forme as is pretended be set downe in scripture that they all differing so much one from another in externall policie should all be ordered therein according vnto the commandement of Christ and thus to be brought as a squire to leuell vs by who are alonelie belike in his fansie wide from the right discipline where as I sée no cause in any respect whie they should not rather take light of vs than we of them That which he speaketh of maister Nowels catechisme is verie generall and requireth the perusall of the whole booke But I suppose this to be the place which he meaneth where toward the latter end of the booke he saith In * pag. 652. graecolat Catech 1573. well ordered churches a certeine forme and order of gouernement was instituted and obserued certeine elders that is to saie ecclesiasticall magistrates were chosen which should reteine and practise ecclesiasticall discipline And dooth our author thinke that this man heere dooth meane their laie presbyteries neuer heard nor read of from the beginning of the world till within these fortie yeares or little more bicause he nameth them ecclesiasticall magistrates A foole fansieth that bels doo ring and almost speake anie thing wherewith he is delighted Or could he gather that maister Nowell here condemneth our churches discipline as not agréeable to that which Christ hath commanded if he had directlie said that in some well ordered churches an order of discipline differing from ours is obserued Dooth this follow Some well ordered churches differ in some points of externall discipline
he meane the discipline passiuelie I thinke he and his felow saints haue had some wrong at the chéefe prelats hands a great while If actiuelie that euerie minister without checke might haue the execution of all discipline in his owne parish I doo verelie beléeue that this man and others who so earnestlie call for they know not what if they might not be themselues also elders ancients or what you will sauing priests of the segniorie would be the first wearie of it For if I knowe their disposition any thing they are as vnpatient as any men to be at controllement and most of all by a poore minister 19. Section Pag. 37 38 39. THe question heere asked whether It was the meaning of the parlement that the Bishop should command an apothecarie not exercised at all in the holie scriptures and altogither vnable to teach to be notwithstanding a faithfull dispenser of the word of God and to take authoritie to preach hath a verie readie answer that it was not their meaning that any Not exercised at all and altogether vnable should so be commanded or authorised Neither yet is it to be gathered hence that they ment to haue none admitted hauing otherwise competent gifts of learning and reasonablie trained in the scriptures but such as could discharge the dutie of a preacher as this man else-where would inforce For to what purpose then should that limitation haue serued which the booke addeth but our author passeth ouer as though he saw it not to wit To preach the word of God and to minister the holie sacraments in the congregation where thou shalt be so appointed The second question Whether their meaning was to bind the minister to performe by himselfe this dutie to preach or that it should be done by a third person I take may truelie be satisfied thus that neither the minister if he be not able and therefore not authorised well to discharge that great worke of preaching should himselfe preach neither yet if he were authorised and no other impediment hindering that he should loiter himselfe and post it ouer to another And therefore he might haue spared to haue alledged his two texts as one and with one quotation being no more to purpose but that he ment to disport himselfe a little with his Maisters the doctors of the canonlaw which elsewhere he saith haue by ordinance long since béene inhibited from taking any such degrée and Doctors of the ciuill law Burgesses in the house of parlement Pag. 240 Truelie his skill in law appeareth to be so little that a verie doctor Buzbie might well beséeme to be his maister in law and yet his memorie is so fickle his inconstancie so great his passions so furious his pen so slanderous his mind so haughtie and his words so virulent in this booke that an honest quiet man though he were not troubled with parlement matters as this man is Iwis more than becommeth him would be loath to be troubled with such a headie scholar The other member of this text alledged out of the § Si quis alium institut de inutilibus stipulationibus if he had not taken it out of some summarie by retaile as appeareth both by his receding from the words of the text and by iumbling two texts in one would haue put him in mind how little it maketh for his purpose If a man saith the law haue solemnlie promised to procure that Titius shal giue so much he is thereby bound though if he promise that Titius shall giue so much the stipulation be void The other examples brought by him being so by the first disposition tied to one person that it is not sufficient to haue them doone by another doo not prooue generallie that where anie person is appointed for the performance of a matter that it must be done by himselfe personallie no not alwaies where the industrie of the person is especiallie elected as appéereth in our Sherifs though personallie sworne yet allowed by law their vndersherifs And the ciuill law saith He * l. 5. ita autemff de admin pericu tut §. quod si quis seemeth to haue delt in a gardianship of a ward or pupill that hath delt in it by another man And * l. 22. non solùm ff de liberali causa againe We are to take it that he is said to haue bought which hath bought by another man as peraduenture by his attournie And therefore though it néed not be so said in this place yet these his allegations notwithstanding a minister might haue performed this dutie by him vndertaken by a third person lawfullie But here the minister is onelie to promise to Preach if he be so appointed And the Fourth iniunction addeth Reg. iniun act 4. herevnto that if he be licenced herevnto he shall preach in his owne person at the least euerie quarter of a yeare one sermon for the which end the Ordinaries in most places do require of such as be not fit to be licenced to preach that they procure such duetie to be done by another which is able to performe the same and is licenced according to order Where he asketh Whether the meaning of the parlement were to haue the Bishop iudge the reading of homilies to be preaching it may be said that reading of homilies in a strict signification cannot be accompted preaching yet they serue to edifieng and are a kind of publishing the Lords will euen as well as a sermon being penned is and vttered foorth vnto the people and they were not by the Bishops but by hir Maiesties owne authoritie and iniunctions vnder the great seale of England recommended Iniunct 27. vnto all Ordinaries to sée amongst other things that all ministers being no preachers should read them in supplie of sermons for the banishing of ignorance blindnes And therfore I doo the more maruell why our author should aske this question Whether the Bishop may commit the office of reading homilies to a minister and so confidentlie to auouch that he may not One reason for proofe of this he bringeth séeing Three kinds of offices are appointed to be in the church deacons ministers and Bishops euerie officer hauing his seuerall dutie expresselie appointed as reading homilies to be the office of a deacon that therfore One priuate man and fellowe-seruant may not transpose from his fellowe-seruant an office committed vnto him by publike authoritie which he inforceth by this that Statute law is Stricti iuris and may not be extended Here I will also aske him a question séeing his worship will not permit to His lordship that which no Bishop neuer went about to doo of his own head and authoritie Whether dooth he permit vnto hir Maiestie notwithstanding this distinction of offices and strictnes of statute law which full wiselie he alledgeth any power to take the reading of homilies which he will néeds appropriate to a deacon and to laie it also vpon euerie minister If he will be so good vnto
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
not being at that present time Bishop priest nor deacon except he be called tried examined and admitted according to the forme hereafter following And if so be that none of these be specified or declared in particular Pag. 7 6. sic deincepâ— as he here affirmeth why dooth he kèepe such hot schooles a little after sèeking to prooue that they are no ministers nor deacons indèed by law which haue not bèene made according to this exact forme of calling triall examination c. But to what purpose dooth he bring this reason except he would haue shewed vs withall what that Calling triall examination and qualities be which he supposeth to be required by the law of God and which They the Bishops whome as I take it he meaneth by waie of supposall are by him indirectlie charged to haue broken Naie he supposeth In them vnfaithfulnesse to the Lord accompting his waies not the best waies nor his counsels not the wisest counsels that they haue set the consultations of the grauest senators and wisest counsellours and cheefest rulers of the land behind their backs that they make their will a law and that they are not ruled by reason Truelie if these his crooked virulent and contemptuous accusations of such men reaching so high as to charge them with apostasie and these mutinous sèeds of dissention sowne betwixt them and other great men of the land be to be tolerated in a published and printed libell though they were true and iustifiable then I doo not sèe but that euerie other lewd disposed person will take the like boldnesse vpon any discontentment to whet his dog eloquence vpon any the best and best deseruing within this common-wealth For Psal 64 3. they haue whet their toong like a sword and shot foorth their arrowee bitter words Therefore we will praie with the prophet Let the lieng lips be made dumbe which cruellie Psal 31 18. proudlie and spightefullie speake against the righteous and deliuer our soules D Lord from lieng lips and from Psal 120. a deceitfull toong which is as the coles of iuniper 24. Section Pag. 53 54. OUr author omitting to declare vnto vs the Maner of calling c of ministers and deacons which is required by the law of God and required also by the law of this land as he telleth vs and leauing it to the dèepe considerations of such as know his meaning if he doo but gape vpon them dooth in this section intreate of Another maner of calling and triall by other positiue lawes required charging the Bishops euen by their owne records to haue neuer or verie seldome vsed any of them So that sèeing he exacteth of them in this action first â—bsâ—â—â—ditie in the authors platforme the obseruation of the booke for the forme and maner of procèeding therein next the calling triall and examination required by the law of God and lastlie now another maner of calling required by other positiue lawes it had beene mèet that either he would haue set downe all these threè forms to be one and to agrèe in euerie circumstance or else to haue prescribed vnto them which of the thrèe they should vse that so they might auoid his high displeasure and indignation against them And I would he had vouchsafed to let himselfe so much downe as to haue told vs where these positiue lawes which he alledgeth are written * Dist 24. c. quando Epâ—â—s being indèed the canon lawe conteined in the decrees Wherein I find a difference from the forme by act established which appointed the Archdeacon to examine and present those which are to be ordered Whereas here The elders Vide sect 26. sect 40. indeed priests are to present and certeine ministers and others skilfull are to trie and examine them The forme of calling which these positiue lawes that he speaketh of doo meane is nothing as he saith But a proces to be fixed vpon the cathedrall church doores or a proclamation by an apparitor the fourth daie before the ordination signifieng that such a daie the Bishop will make deacons or ministers warning such to be present as will offer themselues meet men for that seruice If this be true and also that Three daies together they are to be examined before the daie of ordination truelie they haue but Skarborough warning so suddenlie to be called euen the first daie whereon they are to be examined But he saith this Maner of calling is also commanded by the booke though briefelie in these words When the daie appointed by the Bishop is come certeinlie he had nèed to haue a head full of proclamations that can picke out of these words such a solemne calling or proclamation But whie dooth he not also tell vs whether of the two or whether both of them be ment by this law that is to saie the intimation vpon the church doore or the apparitors proclamation And where the articles of religion doo determine That none may take vpon him the office of publike preaching or ministring the sacraments in the congregation before he be lawfullie called and sent to execute the same vnderstanding hereby the whole action Dotable wresting and falsification of externall vocation which he restraineth to the letters of intimation or to the apparitors proclamation whereby signification is giuen of the daie of solemne giuing of orders he dooth heerein notablie abuse the patience of his readers whome he thinketh verie sottish if they can make no difference betwixt these two kinds of callings But as no man denieth but that it is requisite some publike notice should be giuen a conuenient time before anie solemne daie of generall ordination prefixed doo come to the intent as he saith men méet for that seruice may then and there offer themselues so if héereby he will sucke any matter to obiect against such Bishops who vpon especiall occasions and with more due triall and examination than can be had where such a confused multitude at once must be run ouer doo laie their handes vpon one or two well knowne vnto them without any such solemne notifieng thereof he shall rather hereby argue his spitefull stomach against them than anie care he hath of reformation or obseruation of law which he dooth pretend sometimes when it séemeth to accord with his humor For it is notorious that such of the Bishops as haue kept that course haue sent abroad more sufficient preachers and fewer of meane gifts haue escaped their hands than possiblie can be performed at those generall ordinations And dooth not our author himselfe dissallow in a whole treatise as Vnlawfull Contrarietie to ordeine a minister without a title which platforme can no waie stand with this generall publication of orders for all commers found méet therevnto without respect of hauing or not hauing anie place void in the diocesse allotted foorth vnto them Conueniet nulli qui secum dissidet ipsi 25. Section Pag. 54 55 56 57. IN this section conteining the maner of
triall and examination of such as are to be ordered I doo obserue though not so fauourablie dealt with as to knowe by him what warrant his first allegation * c. quando EpuÌ„s dis 24 hath and whence he borrowed it that this exact triall which the canon setteth downe dooth not require in specialtie such perfection of learning whereby the partie to be ordered must of necessitie be thought worthy to preach which is the principall issue by the author to be prooued and that it prescribeth saturdaie for ordinations Also vpon the words of the constitution of Otho requiring a search inquisition to be made by the Bishop our author hath gathered Wresting of law a scrutinie to be required that by taking of voices in allowance or dissallowance of the parties to be elected which is the nature of a scrutinie he might belike transubstantiate the Bishops inquirie into some popular election of their ministers And it séemeth for that end also he did bring the comparison of procéedings in the Uniuersities whereby he might insinuate that as the Uicechancelor there dooth but in the name behalfe of the greater part of the regents of that facultie which haue yéelded their suffrages admit the graduate presented so the Bishop should be thought to haue no further authoritie but to admit such as the electors and examinors haue allowed as fit men for that calling For although it was easie for him to espie many other differences yet he obserueth but this variance onelie betwixt the trials vsed in conferring degrées in the Uniuersities and in conferring of orders that the triall and Examination at giuing orders consisteth in the interrogatories betweene the Bishop demanding and the partie answering But no such matter is ment as to prescribe an electiue scrutinie which he would insinuate but onelie a scrutinie or inquisition which the * Glâ—bidem in verb. ante glosse therfore calleth Scrutinium examinatorium and the text Indagatio diligens that is a diligent inquirie Which examination both in this constitution and in the glosse vpon the decretall by him alledged mentioned is not so necessarie and substantiall a solemnitie but that it may be omitted vpon occasion euen as well as it may be committed vnto others besides the Archdeacon as we sée heere Although our author forgetting what here he had said dooth afterwards vrge such a necessitie in the archdeacons presentation of ministers vnto the Bishop which is grounded vpon and is but the effect of examination as though he could be no minister which were not so presented For the glosse by warrant of law here teacheth as is by other places also else-where shewed vpon the like occasion that * Gl. ibidem in verbo indagatio per c. constitutus Ext. de appellationibus This examination is not required to be done but towards them that are vnknowne to the examiners And for his capablenesse in respect of his birth good fame and such like the same glosse saith the letters testimoniall doo suffice And vpon this consideration the preface of the booke of ordering dooth speake disiunctiuelie and not simplie as our author vntrulie here alledgeth that The Bishop knowing either by himselfe or by sufficient testimonie anie person to be of vertuous conuersation and without crime may admit him c. And therefore whereas therevpon he néedleslie speaketh to prooue by a similitude that this must be a further notice than of the outward feature and lineaments of his bodie he dooth but labour in vaine as the man who share his hog and had thereby much crie but small wooll For although the booke doo mention in the Bishop a knowledge of him that is to be ordered to be of vertuous conuersation and without crime and that either by himselfe or sufficient testimonie which cannot be stretched vnto his cunning and meetnes as this man dooth to execute his ministerie yet is the knowledge of his abilitie also required and is to be knowne as in the same place is prescribed by the triall and examination that is to be made of his learning And therefore his similitude to this end that a man chooseth not a schoolemaister for his honestie onelie but for his learning also as it dependeth not of his former spéeches so it serueth to no purpose but to leaue an impression of conceit that the contrarie to this is practised by the Bishops 26. Section Pag. 57 58. THe other circumstance of admitting into orders In the face of the church mentioned in the preface is sufficientlie expounded in other passages within the bodie of the said booke by the phrases of the Clearkes and people present in the presence of the people and by the word of Congregation So that our author shall hardlie be able to Instruct vs as in this section and thrée other following he laboureth to doo that vnder the generalitie Pag. 62. of this word he may establish An interest to be due to all the faithfull people in the land for the choise and allowance of their pastors when as euerie nouice can tell him that though by the law of this land marriages also are to be solemnized In the face of the church yet hereby cannot be inferred that all the people present haue an interest of assent or dissent in euerie mans marriage And as there the presence of the congregation is not materiall otherwise than for the fuller testification of the marriage for their ioint praiers to God for them and for to obiect impediment if they know any euen so and for no other end it will appeare to be required that ordinations of ministers be made in the face of the church And although in some but not in all reformed churches the precedents whereof he obiecteth vnto vs else-where some slender shadow of popular approbation be reteined in the ordering of the ministers yet I doo thinke verelie that in no church the whole number of the people are permitted to haue a frée election of their pastor as this man would faine establish here amongst vs. The reasons wherevpon in this section he groundeth his assertion are all sauing one out of the ciuill law in the Authentikes taken out of Gratians rapsodies The two first whereof doo speake not of Any election or approbation of the people but that which the Councell of the clergie and the testimonie of the people or in the presence of manie by-standers ministers were then to be ordeined Neither yet dooth the first of them speake simplie of Counsell of the cleargie or testimonie of the people to be had in ordinations but onelie then when as the examination required in the said place is omitted And therefore this abuise of his clearkes and the good testimonie of the people the Bishop is but to vse in steed of examination as appeareth by that Particula aduersatiua Otherwise let not a Bishop ordeine any c. And by the glosse vpon the same place which saith Otherwise that is to saie If they be not examined by
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
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
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
yet his reasons to prooue such to be Ministers indeed and by law are so childish beggings of that which may be controuersed that I assure you a man might iustlie doubt that he did but dallie and Praeuaricari herein First he saith they are so bicause They are indeed and truth messengers A childish fallacie sent by God Secondlie bicause they Are ministers by the law of this land Truelie this man that was so strict afore is soone woone which is ouercome with these doughtie reasons which no man but he may with as great probabilitie denie as he may doo the conclusion to be prooued being the verie selfe-same with the premisses consisting in these two reasons Touching the matter it selfe law teacheth vs that A protestation with a contrarie act worketh nothing Therfore how can this protestation releeue our author any Pag. 77. thing who hath afore plainelie refused all for ministers in whose ordinations the maner and forme of the booke is not exactlie obserued And which maketh All solemnities therin Pag. 83. euen of the least moment to be substantiall and not accidentall by the law-makers appointment Therefore out of his owne words and reasons to prooue this his protestation vaine and elusorie I reason thus 1 Wheresoeuer the first branch of the statute for the Pag. 77. obseruing of a forme and order in the ordinations of ministers is broken there the second branch authorising them to be in verie deed ministers can take no place But some Pag. 92. of the points required haue beene and are perhaps dailie omitted in making euen the best men that are in the ministerie at this daie and so the forme and order of the booke not obserued Therefore the best men that are in the ministerie at this daie perhaps are not in verie déed ministers 2 Wheresoeuer the forme of an act is not speciallie Pag. 78 80. deinceps and at an inch and not by any thing equiualent obserued there the act by meere law is no act at all But some points Pag. 92. of the forme required are perhaps dailie vnobserued in making the best men ministers that are in the ministerie at this daie Therefore c. 3 Wheresoeuer a certeine forme and order of proceeding Pag. 84. is appointed to those that had no authoritie before such commission there if the forme be not obserued the processe by lawe is meerelie void But the Bishops before Pag. 84 92. the statute hauing no authoritie to make deacons or ministers doo omit the forme perhaps dailie in making the best men ministers Therefore their procéeding herein is by lawe méerelie void and so the best men we haue in the ministerie perhaps not in verie deed ministers and therefore as our author often collecteth are Intrudors But he which to the intent he might haue some shew to serue his humor and to wrap in either one waie or other those whome he foreiudgeth to be vnlearned to the danger of vsurpation and intrusion did tell vs in great earnest Pag. 83. that all the solemnities about ordeining of ministers how Small of moment soeuer they seemed to be by the law-makers appointment were substantiall and not accidentall dooth now in another tune saie that Learned qualified and inwardlie called and vnlearned vnqualified and not inwardlie mooued dooth differ as much as light and darknes meaning and insinuating hereby as I doo gather that whatsoeuer he hath aforesaid concerning Forme solemnities commission statute or good faith they were not so much to the matter or greatlie to be stood vpon but that these are Differentiae specificae constitutiuae of a minister indéed which maketh him so to be and thereby onelie dooth also differ from such as be not Quo teneam vultum mutantem Protea nodo And if so be these thrée be the onelie necessarie points concurring to the making of a minister indéed and distinguishing a true minister from an vsurped then may we haue a minister in this church without the externall calling by the Bishop which is not here spoken of If by Learned he meane onelie such as are apt to teach and by teaching meane onelie preaching whie did he not ad also that which S. Paule ioineth with aptnesse to teach to be able also to confute errors and heresies But the booke requireth as of necessitie no other learning but that he be Sufficientlie instructed in holie scriptures which that it reacheth not alwaies so high as that he must be able to be a preacher is shewed in diuers places afore The qualities Preface to the booke which the booke speaketh of are onelie that He be by sufficient testimonie commended or else knowne to the Bishop to be of vertuous conuersation and without crime and also that he be found learned in the Latine toong But that he be inwardlie mooued by the Holie-ghost to the worke of the ministerie is a thing left to his owne conscience and not to be discussed by the Bishop or any man else but in charitie which hopeth all things to be intended and presumed And séeing it is possible for a man verie vnfit at the beginning by studie practise the blessing of God to become sufficient and for him that is now well and honestlie disposed afterwards to relapse into loosenesse of life and for him also that is skilled in the Latine toong sufficientlie instructed in holie scripture either by disuse or by the visitation or iudgement of God to become verie ignorant and sottish in both therefore I doo not sée if we knowe not the contrarie but both by the rules of charitie and law we are bound to thinke that yet at the ordination of such a one he was so qualified in all these points as was requisite That a Bart. in l. cum quid ff si certum petatur which is agreeable to the nature of any contract is presumed to haue beene performed Againe A b c. in praesentia de renuntiat c. cum inter de re iudicata c. bone de elect gl in c. quoniam Ext. de probat iudge is presumed to haue rightlie executed that which is incident to his office Further That c L. quotiâ—s ff de rebus dubijs c. Abbate sane Ext. de verb sign which confirmeth and not that which adnulleth any act is intended to haue beene doone And lastlie Euerie d L. ab ea parte ff de probat spec de proba §. 1. verb sequitur videre one is presumed fit and capable till the contrarie be prooued But our authour cleane contrarie to this euen 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 will presume all requisites to haue béene obserued by that which appeareth in his conuersation and learning afterwards So that by this reckoning a man neuer so orderlie at the first called both inwardlie and outwardlie vpon defects afterwards arising in him shall be shut out for an intrudor vsurper or one which by wrong suggestion and fraudulent meanes hath attained the ministerie
of France and their owne whole platforme doo permit a ciuill Magistrate reteining his former office to be chosen a Senior in their ecclesiasticall Presbyterie so to become an ecclesiasticall person yea they doo e Ibid. art 3. prescribe to their Ministers to make pasports for passengers from one church to another which is a ciuill dutie as may appeare by the like practise by Iustices of the peace with vs. And I praie you is not this a good conuersion and a sound reason Some ciuill magistrate lawfullie is an ecclesiasticall person and gouernor Ergo some ecclesiasticall person and gouernor lawfullie is a ciuill magistrate And if some may be so what prerogatiue may be alledged for anie one which may not be shewed for others Againe it is thought by our Innouators to be a great inconuenience to be barred from publishing what bookes concerning religion they shall thinke good which appeareth by their late practises and disobedience to lawes in this behalfe yet it was thought most expedient in the reformed churches of France to f Aduertisement art 11. la discipl de France forbid that Neither ministers nor any other should cause to be printed or any otherwise published any bookes compiled by themselues or by others touching religion without imparting the said bookes first to the Conference and if need were to the Prouinciall synod Also in the reformed churches there it g Des Ministres art 11. la discipl de France was thought most méet that Noble men and great Lords to the intent all occasion of diuision might be rebated should be requested that in those places of their aboad where there was a church reformed although their owne familie were so large that it might make a sufficient Congregation yet it would please them to ioine their familie with the Congregation of that place where they did remaine And amongest vs manie be so scrupulous that they thinke those words vsed in the ordering of ministers which Christ did vse in the like action to wit Receiue the Holie-ghost to be verie fowlie abused and prophaned yet in the a La maniere de la imposition maner of Imposition of hands ordinarilie obserued in the churches of France in the election of their ministers it is set downe that the said place of S. Iohn should be amongst other places at the said time and action repeated and treated of with that also which is annexed to wit Whose sinnes ye remit c. Likewise our Reformers of others are so unwilling to be reformed conformed or vniformed themselues that they thinke they are woonderfull hardlie dealt with and beyond all example of other churches to be vrged to subscribe to the articles and confession of religion and to the manner and forme of externall discipline and gouernement vsed in this church of England whereof they are ministers yet the church of France which is so admired by them and set as a samplar by them to be imitated and according to which for the most part they haue drawne out their platformes exacteth b Des Ministres art 5. la discipl de France of euerie one That hath beene chosen a minister by the people to subscribe vnto the articles of faith and to all the order of discipline agreed vpon amongst them which if he refuse to doo he is by the Conference or by three or foure ministers of the next churches togither with their Anciens to be declared a schismatike and the people is thereof to be aduertised to the intent they may auoid such a man Also c Ibid. art 9. those which be chosen ministers must subscribe to them both in the churches where they are chosen and also in the churches whither they are to be sent Likewise d Ibid. art 11. ministers in Noble mens houses though they haue none other care are tied to this subscription Againe a Des anciens diacres art 1. la discipl de France their Seniors and Deacons are also before their admission to their offices to subscribe vnto them both And b Des professeâ—â—s ibid. further euen their Regents and Professors in diuinitie are by them required to subscribe aswell as the rest And the like order is obserued as is notorious in the most or in all the reformed churches in Germanie In all which places as we may sée it is thought a great absurditie for a man to reteine anie ecclesiasticall function in that church vnto the orders of which by law duelie established he can not find in his hart to subscribe and condescend There is yet also another materiall difference amongst them to be touched For c De Polit. eccle Reipub some of them doo attribute equall authoritie vnto all the people in this their Regiment with the Presbyterie cleane contrarie to the most platformes set downe hitherto thereof And although as we haue now heard their varieties in iudgement be so manie and so manifold yet our men are so insolent against all other orders and formes of church-gouernement and so besotted in the loue and admiration of their owne impe which they haue begotten but not as yet licked into anie perfect forme that they dare condemne all churches which are not squared in externall gouernement according to their Lesbiall leaden rule which euerie one of them will wrest and bend as his fansie will féed him on So that one of them is not ashamed to saie d Admon 1. pag. 2. that As the estate is now of the church there can be no right religion Also e Admon 2. pag. 6. that The truth in a manner dooth but peepe out as it were behind a skreene And f Admon 1. pag. 2. againe We want in England a right ministerie of God Wherein he differeth from our Abstractor as much as the Abstractor in another place differeth from himselfe who is content to allow vnto vs some to be right ministers in déed Therefore considering the great benefits of almightie God of the true preaching of his word and due administration of sacraments which by hir Maiesties ministerie he hath in mercie farre aboue descrt powred vpon vs which these vnthankfull wretches doo thus abuse and extenuat in respect that they can not obteine their owne wils we may of them trulie verifie that saieng of Gualter which he spake * Gualter in 1. Cor. 11. against such like men All these things they esteeme as nothing except a new magistracie may be erected vnto whome it may apperteine not onelie to controll euen princes themselues but also to excommunicate them Now all these contrarieties and differences in iudgement concerning their deuised church-gouernement being well weied and considered I would aske of our Abstractor or anie other affected that waie which doo imagine as perfect a lawe for the gouernement of the church by discipline as by doctrine to haue bene deliuered by Christ vnto his church Where and in whose books that law is described and plainelie proued out of the word of God vnto
trulie dooth answer that it is to be vnderstood to be indéed The generall lawe yet limited and restrained vpon diuerse occasions of Speciall priuilege euen by other parts of the same lawe as shall God willing be made manifest hereafter The other place in this section alledged is shamefullie by him falsified for he hath FalsificatioÌ„ put in more than anie booke that I can find speaketh of in that place all these words wherevpon his thrée syllogismes insuing are grounded to wit Both bicause it is a proper kind of merchandize and filthie gaine and also altogither contrarie to the custome of the church where in trueth that * c. per laico◠〈◊〉 fine 16. q. â—â—biglâ—in â—â—â—r Duas canon saith nothing else but this Let no priest haue two churches Which the glosse for auoiding of contrarietie with other lawes dooth thus interpret that is Not two churches with title except they be poore churches as is to be found c. eam te Ext. de aetat qualit aud c. vnio 10. q. e. Neuerthelesse the truth is that these things may be verified of such men as wholie contrarie to the canons doo vsurpe mo benefices then they are dispensed with by law to receiue And therefore the like words are vsed in another * c. 1. 21. q. 1. in fine canon yet not simplie as our author without any simple meaning or plaine dealing hath alledged but with distinction that it is meant That none shall hold by waie of title two benefices in two seuerall cities or in that citie where the seauenth councell was assembled though in villages abroad by reason * c. priscis 56. dist of scarsitie of such men it be permitted bicause it was then intended that in cities all things necessarie being more plentifull than in the countrie they might by one benefice be sufficientlie mainteined Therefore his thrée seuerall assumpts or Minor propositions wherein he assumeth without proofe that absolutely It is against the good custome of the church a proper kind of merchandize and filthie gaine and vncomelie in anie respect for one man to haue mo benefices are all to be denied as vntrue Yet I must put him in mind that the Maior of his last syllogisme is also vntrue bicause if he vnderstand In the church that is amongest christians as he must néeds doo or else taking it for the publike assemblie about the exercises of our religion he shall speake besides his purpose manie things are lawfull which are not expedient and therefore not comelie 5. Section Pag. 111 112. IF his store to this purpose were either so great or so good as he maketh boast of then was he greatlie ouerseene in his choise to cull out this constitution of the Legat Octobone in steed of all the rest For the words which he hath alledged as is euident to him which will peruse the former part of that * Const Othoboni de institut seu collationibus §. 1. constitution which yet our author of his owne absolute authoritie hath transformed and diuided into two chapters as though the one did not depend vpon the other are spoken against such as Are not able to take charge ouer themselues which doo not reside vpon their cures which are not in any sacred orders requisite to the reteining of such a benefice which doo not onelie vsurpe manie but infinite such benefices which though they would yet by no possibilitie are able to satisfie their charge which violentlie intrude themselues into such benefices which by subtile deuises colourable shifts doo seeke to reteine them lastlie which haue no dispensation therevnto obteined from the apostolike See as the canons in this behalfe doo prescribe Therefore it is no maruell those so manie blemishes or diuerse of them concurring that these blind leaders except they had bene as blind as mowles or béetles did perceiue such great inconueniences therein as that they could not but thus greeuoustie exclaime against them Which before it can be applied to our plurified men as this foolified phrasefiner termeth them he must first prooue that the cases of both are alike 6. Section Pag. 112 113. IT could neuer haue come to passe but that the Abstractor is Gnauiter impudens that he should obiect the same statute for the absolute prohibiting of the reteining of mo benefices which dooth alonelie establish all dispensations for Pluralists sauing for the Chaplens of some few qualified persons by other statutes afterward prouided for that be or can be put in practise in this church of England Wherein yet we may obserue euen in the very words by himselfe alleged though we go no further that the hauing of mo benefices is not so generallie prohibited but that in respect of the pouertie of the first benefice as being vnder eight pounds yearelie value agreeable partlie to the canons in this behalfe a man may without furder qualification or dispensation by that statute exacted reteine also a second of what value soeuer without auoiding himselfe from his first benefice And bicause our author hath here made a gallant shew of certeine generall lawes prohibiting though not simplie the reteining of mo benefices and is now readie prest to improue with all his might that which may be obiected to the contrarie touching such lawes as doo permit by dispensation to some persons and vpon some occasions the inioieng of mo than one it shall not be amisse breeflie to point out such lawes and canons besides those few which hitherto haue béene here and there aforetouched which doo directlie prooue that by dispensation it is lawfull to be possessed of mo benefices than one at once vpon some reasonable occasions It appeareth by a a c. de multa Extra execrabilis de prebendis whole Decretall set downe of purpose concerning pluralitie of benefices that dispensations may be granted for reteining of mo benefices by one man It is likewise in another place b c. ordinarij §. 1. §. caeterum de off ordinarij in 6 decreed that as those which can not shew foorth sufficient dispensation shall be deuested of those benefices Which in that respect they doo vniustlie hold so if they can shew a sufficient dispensation they shall not be molested for them bicause they doo hold them canonicallie Manie examples herof might be alledged here and there dispersed as c c. cum Capell Extr. de priuileg where certeine praebendaries are mentioned to haue claimed an exemption in the parish churches which they inioyed bicause the place whereof they were praebendaries was exempted And d c. relatum 2. § fin Extr. de testam againe where it is decided concerning the distribution of his goods which had diuerse benefices Another example herof may be taken out of Concilium e c. vnum §. pont 2â— q. 1. Agathense where it is decreed that An abbat may haue two monasteries and both of them as in title but by speciall priuilege and not of common right And it is decréed