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
Extra de off â—â—ed ord c. inter caete ra of God is knowne to be most necessarie for them because that as the bodie with materiall so the soule with spirituall foode is nourished for man liueth not by bread onelie but by euerie worde that proceedeth from the mouth of God Pag. 25 And that this and the former might be diligently executed to meete with the carelesnesse of Pastours in doing their duties there is a speciall ordinaunce made for the inquisition of the offenders herein as followeth DE PVBLICATIONE ARTICVLORVM c. Touching Iohan. Peccham de offic archi the publication to be made of such articles whereby a man forthwith doth incurre sentence of excommunication let the Archdeacons make diligent inquisition and as often as they shal find the Elders not to haue preached or published at the times appointed the morall instruction of the 14. Articles of faith the 10. commandements of the decalogue the 2. commandements of the gospel c. so often let them rebuke them and by chastisement and some canonicall punishment compel them to supplie that which rashly they haue omitted Hence may aptly and necessarily be inferred that he Competent knovvledge is a knovvledge to preach may be said to haue a competent knowledge that hath knowledge to preach otherwaies not preaching should not be punishable And to this ende tendeth that which is written before namely Exigit ars nostra catholica c. Our catholike religion requireth that in one Church be one perfect teacher in knowledge and doctrine And as the glose in the same place saith Absit ergo quod sic perfectus sit vt ad Glos ibi ver scientia lileram dicere possit illud Hier cap. 1. à à à . Domine Deus nescio loqui quia puer ego sum God forbid that he should be so perfect as that by rote he were able to say a a a Lord God beholde I can not speake because I am a Childe but this perfection ought to be such as the glose telleth you in the same place in these wordes Pag. 26 AD MAGISTRVM c. To a Maister or teacher Glos ibi ver abseue magistro pertaineth that which is written in the sixt of VVisedome I will bring wisedome into light and will not keepe backe the trueth And in the same booke the 7. chapiter As I my selfe learned vnfainedly so doe I make other men partakers of her and hide her riches from no man that that may be verified of him which is written in the 28. Iob. He searcheth the deapth of the floudes that iâ— the secrets of the Scriptures and the thing that is hid bringeth he to light And Rebuff affirmeth that Penîtus illiterati dicuntur qui nesciunt officium facere ad quod tâ—nentur They are saide to be altogither vnlearned which cannot performe the duetie whereto they are bound And the glosse vpon the lawe in the Gode saith that they be not Deanes which hasten to be called Deanes and be not Deanes when they do not the office of Deanes Her maiestie also by her iniunctions hath ratified and commaunded the same for as much saith she as in these latter daies manie haue beene made Priests being children and otherwise vtterly vnlearned so that they could reade Mattins or Masse the Ordinaries shall not admit anie such to anie care or spirituall function Wherefore in as much as by these ordinaunces it is euident that euerie Minister to whome cure of soules is committed ought not to erre or be ignorant in the word of God but ought alwaies to attend to reading to exhortation to preaching to doctrine to edification to be of power in word and deed to instruct to informe and to comfort to rebuke to reforme and to correct to expound the Articles of faith the tenne Commaundements and to teach other holie doctrines concerning the loue of God and the loue of our neighbours to be able to make others partakers of the riches of wisedome and to bring wisedome into light and not to kecpe backe the truth In as much as I say as by the lawes of our gouernement the Ministers of the Gospell ought to be indued with such qualities and beautified with such graces Let euerie one cease to maintaine anie competencie or conueniencie of learning to be in our dumb and vnpreaching ministers For let them reade and reade till their lippes be tired and their eies blinded they shall notwithstanding by their bare reading ordinarily be no instruments of the holie Ghost to worke faith in the hearers Pag. 27 Nay they robbe the holie Ghost of his proper honour and office whereby he inspireth the preachers of the Gospell with the spirite of wisedome in good measure and proportion to breake vnto the hearers meete and conuenient foode for their soules For howe shall they call on him in whome they haue not beleeued And howe shall they beleeue in him of whome they haue not heard And howe shall they heare without a Preacher And how shall they preach except they be sent As it is written how beautifull vppon the mountaines are the feete of him that declareth and publisheth peace That declareth good tidings and publisheth saluation saying vnto Sion thy God raigneth And as touching the Idoll Ministers themselues Besides those reasons there remaine manie other verie necessarie for them diligently to looke into that so vnderstanding their owne desperate estate they may more willingly and duetifully yeelde them selues to be reformed and to shake off those ragges vnder which they nowe shower them selues They are diligently to hearken vnto the Canon of Gregorie against them Si quis neque sanctis 1. q. 1 c. Si quineque pollens moribus c. If anie neither adorned with holie manners neither called by the Cleargie and people or constrained by compulsion through loue of his owne heart or filthie intreatie of his lippes or for fellowshippe or seruilitie or fraudulent rewarde and not for gaine of soules but puffed vp with desire of vaine-glorie shall take any Bishoply or Priestly dignitie vppon him and shall not euen of his owne accord leaue the same agains in his life time but suffer sodaine death to take him vnrepentant without all doubt he shall perish for euer Pag. 28 Secondly Ordo non solùm Glos in constitu Otho de seruti in ordin ver ad gratia suscipientis sedetiam aliorum confertur An order is not conferred for his sake onelie that taketh it but also for other mens sakes A Minister is not called to minister to himselfe but to others to labour for himselfe but for others to be serued himselfe but to serue others And the Lorde came not to be fedde but to feede others Thirdly Periculosum est ipsi ordinato quia tanquam mercenarius se ingerit non vt pastor It is daungerous to him that is ordained because he rusheth in as an hireling not as a sheepherd Fourthly Periculosum est subditis quibus sacramenta
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
teaching that the princes of Iudah and Ierusalem should cast away the rich ornaments of gold as a menstruous cloth did stay himselfe with the publishing of this his doctrine he onely reformed himselfe and taught and exhorted others to doe the like The Prophet Ieremy vsed onely this weapon of reformation Of a truth sayth he the Lord hath sent me vnto you to speake all these words in your eares he hath sent me to prophesie against this house and against this citie all the things that ye haue heard Pag. 94 as for me behold I am in your hands doe with me as ye thinke good and right And though Iehoiakim the King with all his men of power the Priestes and the Prophets sâ—ewe Vriah with the sworde yet ceased not Ieremiah to stande in the Court of the 2. King 2â— â— Lords house to speake vnto all the cities of Iudah all the words that were commaunded him to speake and kept not a word backe When Hilkiah the Priest had found the booke of the lawe and caused Iosiah to reade the same it is written that the King stoode by the piller and made a couenant before the Lord that he the King and the Priestes and the Prophets and all the people both small and great shoulde walke after the Lorde and keepe his commaundements and his testimonies and his statutes with all their heart and with all their soule And that the King commaunded Hilkiah the high Priest and the Priestes of the second order to bring out of the Temple of the Lorde all the vessells that were made for Baal and for the groue and for all the hoste of heauen and that He King burnt them without Ierusalem in the fieldes of Kidron and that the King carryed the powder of them into Bethel and that He put downe the Chemerym and that He brake downe the houses of the Sodomites and that He brake the images in peeces c. When the spirite of the Lorde came vpon Azariah to tell Asa and all Iudah and Beniamin that the Lorde was with him whilest they were with him encouraged them in their affliction to turne vnto the Lorde God of Israell for that their confidence and trust in him should not be frustrate but haue a rewarde Asa hearing these wordes of the Prophet was encouraged and tooke away all the abhominations out of the lande of Iudah and Beniamin And King Asa deposed Maachah his mother from hir regencie Pag. 93 And Asa 2. Chro. 15. brake downe hir Idoll and stamped it and burnt it at the brooke â—idron and King Asa did all these thinges at the counsell of the Prophet Neyther can the holie doctrine of the Gospell be sayd to be repugnant herevnto God is euermore one and the selfe same God in all ages he is euermore the author of peace and order not of discord or disorder If therefore the Lord haue not yet graciously opened hir Maiesties eies to vnderstand all and singular misteries of his Testament or if he will some blemish to remaine in the gouernment of a faithfull Queene vnder the Gospell as it pleased him to haue blots in the raigne of good Kings in the time of the law or if he will that the aduersaries of Iudah and Beniamin hire counsellers to trouble their building hinder their deuise all the daies of Cyrus or if he will the Temple to be built in the daies of Esra the chiefe Priest but the walles to be reedified by a Eliashâ—b and his brethren or if he will haue his Church tary his holye leasuâ—e and appointed time or if he haue any other glorious purpose to worke in our dayes by her Highnesse what is that to him that is a Minister of the Gospell Onely it behoueth him to be a faithfull Steward in his function For an woe hangeth ouer his head if he preach not because necessitie is layd vpon him And let him be assured that whatsoeuer is either bound or loosed by him in earth the same is bound and loosed by the Lord in heauen The repentant and faithfull shall be forgiuen the obstinate and impenitent shall be hardened And thus hauing deliuered my mind touching these things which otherwise by sinister construction might haue bene daungerous to my selfe and offensâ—ue to others Touching the former cauill I answere as followeth First I confesse that euery one meete and apt to teach that euery one qualified as is requisite that euery one moued inwardly by the holy Ghost and outwardly called and appoynted by the Bishop hauing authoritie by the order of this Church of England in this behalfe is Pag. 96 in deede and by lawe a Minister First because he is in deede and truth a Messenger sent and appoynted to this office by the Lord himselfe Secondly he is a Minister by the lawe of this lande For the state of this man learned qualified and inwardly called and the state of the vnlearned and vnqualified and not inwardly moued differ as much as light and darkenesse For where the life the learning the conuersation the paines of the former doe appeare in deede to be sincere sufficient honest and diligent euen such as the lawe it selfe requireth should be in him and so the ende of the lawe satisfied in that behalfe in this case and for this man there is a presumption Iuris de iure of lawe and by lawe that in his outward calling and tryall c. all things required by lawe were accordingly performed by the Bishop and so he a lawful Minister But touching the other man it is quite contrary and therefore this presumption by law must cease For where his life his learning his conuersation doe appeare manifestly â—los extrauag de prebend cuÌ„ secundum As postolum ver â—eeat to be vile corrupt and vnhonest and not such as the lawe requireth and so the lawe frustrated in this case there is a presumption Iuris de iure of law and by law against him that he came to his office per surreptionem by stealth and vnorderly Letters obtayned for enioying benefices vntill it appeare they were obtayned either veritate tacita or falsitate expressa truth concealed or falshood expressed are good and to be obeyed but if afterwards either of these appeare they shall be accounted surreptitious and voyd A Bull or dispensation from the Pope authentically sealed is presumed to haue beene gotten bona fide in good faith but if in the tenour thereof appeare false Latine it is then presumed to haue beene obtained per surreptionem A sentence giuen by a Iudge is presumed to be a iust iudgement and euerie one for the authoritie and reuerence of the Pag. 97. Iudge ought so to deeme of the same But in case the matter be appealed and there be found a nullitie in his processe the former presumption ceaseth and the sentence as an iniurious sentence is to be reuersed In like manner if a Bishop should make an hundred ministers in one day for the authoritie
something to be recalled backe from their fantasticall breaches of the lawfull vnitie and vniformitie of this church too long by them vsed to the great animating of the papist and that none of his priuate hot apologies for them do giue anie sufficient colour of law or equitie to protect them dooth now thinke he shall be sufficientlie therfore reuenged by beating back one naile with another and by obiecting breach of lawe also vnto those graue Fathers whome hir Maiestie hath put in authoritie for reducing of others to conformitie of hir lawes ecclesiasticall Whose faults and ouersights if any such be as are supposed as they are not by themselues defended or by others to be excused so in christian charitie ought they not in this manner as Cham did his fathers nakednesse to be laid open and Quasi in scena insulted vpon to the thrusting through of religion by the sides of the ancientest learnedest and most godlie professors thereof Neither dooth it become euery triobolar mate thus couertlie to carpe either at hir Maiesties singular wisedom who with the aduise and assistance of hir renowmed wise Conncell hath made choise of those Fathers as hauing more integritie and sufficiencie than he is willing by any meanes to agnise or at the lawes of the land by parlement heeretofore established where they satisfie not his appetite not onlye disputing against them but ouer-ruling Quasi â—â—nsoria virga in what manner they ought to be altered according to his deepe iudgement or so dangerouslye to enforce so great innouation or yet so spitefully to sow seeds of dissention amongst the Great men of the land Which course of his if others should vpon this occasion begin to vse against himselfe and those whome hee so affecteth by setting downe out of their speeches preachings and writings grosse absurdities and dangerous errors in opinion and by theyr practise the vyolent breaches of sundrye lawes and statutes of this realme not committed vpon ignorance or frailtye but stoutly stood vnto and mainteined I do coniecture that both he and they would quicklye repent them for offering to put their matter to triall vpon such an issue But it is well knowne to children that although it is * 3. q. 7. c. quisine c. iudicet c. postulatus most conuenient for him to be free from blame who is ready to accuse or iudge another yet one mans fault is not any warrantise for another man to doo amisse and yet howe little hee hath found or effected of that which hee hoped for and Tanto cum hiatu promised the discourse following shall I hope in parte make manifest IN his Epistle to the Reader is pretended these paines of his cheeflye to haue beene vndertaken that By better execution of these lawes many and notable pointes of such controuersies as haue beene a long time amongst vs might more easilye and speedily by the same lawes he decided By which controuersies and contention about Reformation of Ecclesiasticall discipline and popish ceremonies he sayth The quiet and peaceable estate both of the church and common-wealth haue beene shrewdlye troubled and brought in hazard Surely though his wish of excommunication not to be inflicted by one alone would if it were expedient put some of them in a kinde of Paradise of obteining their souereigntie of seniors in euery parish the want whereof breedeth these threats of hazard to the common-wealth and which is the onely thing they meane by Reformation of ecclesiasticall discipline and the Helena which they contend for naie the popedome which they gape after as though no other course this now in vse being once abrogated could be taken or deuised but that yet can I not conceiue but their seniors which will sometime intermeddle vnder pretense of conscience or charitie with euery kinde of matter most ciuill euen to the reuersall of iudgements as is notorious where that consistorie is settled shall leese as much another way if all matters nowe handled in ecclesiasticall courts should * Pag. 234. according to this mans deuise as meere ciuill causes bee haled away from them vnto the temporall courts As for all the other points of the booke if this turbulent Tribune might of his absolute power inspire them with the life of lawes they would no more do good vnto his clients about their breaches or impugnings of the booke of Common prayer or for their hot skirmishing with the ceremonies of our church odiously by him termed Popish than 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or the smoke of a hot ladle would do good to a man that is hungrie And therefore herein he hath not otherwise than by tickling factious humors which are delighted to heare their betters girded any â—ot pleasured His brethren and neighbors for whose sakes hee hath atchieued this doutie peece of worke Another cause is alledged for the enterprise of this worke The defense of hir Highnes lawes How many of these by him brought are to be called in trueth hir Maiesties lawes in force remaineth to bee discussed But how agreeth this with that * Pag. 238. part of his booke where he calleth these hir Maiesties lawes and all The ecelesiasticall law popish to be abandoned and as a froth or filth to be spewed A contrarietie in the author out of the common-weale that hir Maiestie cannot gratifie hir capitall enimie so much as by authorising and practising his lawes that it were not a dodkin matter all the bookes thereof were laid on a heape in Smithfield and sacrificed in a fire vnto the Lord c. Such faults as these being 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 will seldome be wanting In multiloquio But I pray God send hir Maiesties lawes better patrones than such as in a published booke dare dispute against sundry of them father such for lawes as be not and which he himselfe in a generality dooth condemne and which fostereth and cherisheth manifest and wilfull breakers of hir Maiesties lawes in deed and also inueigheth bitterly against such as according to law and trust reposed in them by hir Maiesty do seeke to reforme and reclaime such offendors of lawe from their former contempts in despight of whom and in fauor of such wilfull law breakers all in this booke to haue beene written a man which hath but halfe an eye may easilie discerne and not In defense of hir Highnesse lawes as hypocriticallie is auouched neither yet for any Peace and prosperitie in the wals and palaces of Ierusalem which I praye God by other better meanes than this to grant to this church vnder the long peaceable and prosperous gouernement of our souereigne Ladye Elizabeth for his Christes sake Amen The Booke Pag. 1 2. WE read of some politike capteines of this our countrie that haue partlye vsed the arrowes shotte shorte at themselues against theyr enimies and partlye haue suffered them to sticke still to annoye theyr fyrst owners at the ioyning of the battell euen so our author is heere content verye politikely to alledge against vs the
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.
sirra are you gone so soone my meaning is not that you shall take him away or haue any vse of him except vpon your desert I shall thinke good to ratifie this my figt vnto you vnder my hand and seale hereafter may I thinke you herevpon be so bold as of mine owne head before I haue his hand seale to breake open a gap in the hedge and ride awaie with him Truelie how he would take it I know not but I feare me my mistresse his wife would thinke me verie hastie vpon so slender a warrant to ride awaie with his graie ambling gelding and peraduenture I should fare the woorse at his hand also for my snatching Whereby he may sèe that this is but a Wrest of a gooses quill indeed not fit to set these Iars and ods in tune according to his purpose which differeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 srom the true meaning of the canon and iniunction The reason he bringeth if onelie By the licence to preach authoritie therevnto were giuen that then the making of a minister without a congregation should hereby be committed vnto the Bishop dooth no waie follow sèeing that preaching is neither the onelie office of a minister neither dooth the booke of ordering authorise simplie euerie minister as afore hath beene shewed but such as shall be So appointed whereof the * Art 8. iniunct Râ—g iniunction declareth the particularities for how can it appéere to others that he is licenced but by writing And in like sort is that reason out of the Eight iniunction Bicause ministers are inioined to suffer no man to preach within their cures but such as shall appeere to them to be sufficientlie licenced therevnto Ergo speciall licences to preach are onelie for men to be admitted to preach in other mens cures The reason of which consecution must néeds be this A man may not without licence preach in another mans cure Ergo he may without licence preach in his owne which is apparentlie grounded of no reason A negatione vnius disparatorum ad positionem alterius non valet argumentatio As if he should reason thus None but a freeman of Yorke may vse any trade in that citie therefore without any fréedome a man may doo it in the citie of London Or thus Whosoeuer denieth our author to be a puritane saith true but whosoeuer saith he is a foolitane denieth him to be a puritane bicause that he himselfe hath made an antithesis betwixt them Pag. 91 Ergo whosoeuer saith he is a foolitane saith true His other reason out of the iniunction which saith No other shall be suffered to preach out of his owne cure than such as shall be licenced Ergo euerie one in his owne cure may preach vnlicenced dooth no waie follow by the rules of Logike For licenced and vnlicenced in his owne cure and not in his owne cure are no contraries but contradictories which beginning with the vniuersall negatiue admitteth no consecution but his own contradictorie with a negation as thus None vnlicenced may preach out of his owne cure Ergo some not vnlicenced that is licenced may preach out of his owne cure Yet I grant the lawe admitteth diuerse times such reasonings and they are called A contrario sensu and grounded vpon this rule Quod * 32. q. 1. c. dominus exceptio firmat regulam in casibus non exceptis an exception dooth giue strength to a rule in cases being without the compasse of the exception whereof there be diuerse examples in the ciuill law insomuch that it is called by Papinian a 〈◊〉 1. § huius rei Fortissimum argumentum in one place Yet notwithstanding it hath diuers ff de officio eius cui maÌ„d est iurisd l 20. § mulier ff de testam l. 8. § si ignorantes ff mandati L. 3. §. prima verba ff de sepulchro vio l. 26. §. cum inter ff de pactis dotalibus limitations wherein it dooth not hold and namely b l. 2. §. fin ff de donationibus L 6. ff de condicti causa dati L. 1. §. quod vulgo ff de vi vi arm l. vlt. §. fin ff de iuris facti igno where the mind of the law-maker is otherwise as where it is put onelie by waie of exposition and not condition or c Instit de haeredita quâ— ab intestato §. 1. where the law dooth otherwise specially dispose as in this case it both hath béene afore shewed sufficientlie and appeareth also by the fourth iniunction where it is said they shall preach in their cures Once at the least in euerie quarter of the yeere in their owne persons being licenced especiallie therevnto as is specified hereafter that is to saie as is in the eight iniunction either by hir Maiestie one of the Archbishops for their prouinces the Bishop for his diocesse or by the Queenes Maiesties visitors to which we may adde or by one of the vniuersities of Oxford or Cambridge their privileges since that time being by act of parlement confirmed wherof this is not one of the least And lastlie it holdeth when the like reason is in d l. 14. §. 1. ff de seruo corrupto both the contraries as it is in this point For there is as good reason that a minister should be forbidden to preach in his owne cure as in another mans if he be not able to deliuer sound doctrine in that forme as such high mysteries ought alwaies and in all places to be handled The other argument brought in the last place Whereas in king Henrie the fourths time restraints were made for preaching and yet none were forbidden to preach in their owne parishes that therefore in their owne cures none now are or ought to be forbidden is a verie féeble reason First there is a great difference betwixt Not licenced and forbidden Againe Viueudum est we must liue according to our owne lawes now and not by examples forepast Further it commeth néerest to a reason A simili but then it should conclude that as they ought not so neither ought we And not thus They did not forbid it therefore we may not forbid it And here also he driueth vs like water spaniels to séeke out once againe where we may find that which perhaps he was not willing we should hit of But first I would obserue if it were not vsuall with him Theonino dente rodere his disloiall and vndutifull carping at hir Maiestie and hir lawes where he saith The verie same lawes were established Distoiall speech against hir Maiestie against Wickliffe and his brethren to staie the course of the gospell hauing spoken afore immediatlie of hir Highnesse iniunctions Secondarilie I find by the perusall of the * Const. prou 1. de haereticis verb. si tamen constitution it selfe that he hath cut it off by the waste in that which most directlie maketh against him For in the next words following his first allegation is adioined
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
which scepter subdueth people vnto vs and the nations vnder our feet Moreouer speaking of hir Maiesties souereigntie in causes ecclesiasticall he saith The head Christ is pulled downe and the hand of the magistrate is set vp But as we haue now séene their ioint accord in taking from princes and throwing them downe from that power in ecclesiasticall gouernement where with all God hath adorned them so let vs consider how much naie hold little some of them doo attribute vnto princes in this behalfe For although our Abstractor who can temporise and plaie the part of a politike proctor of Presbyterie patrones a Pag. 92. dooth saie That hir Maiestie is a souereigne a sole and a lawfull gouernesse in all causes and ouer all persons ecclesiasticall yet other of them whome he loues and likes full well I dare saie doo b T. C. giue authoritie vnto princes to make ecclesiasticall decrées onlie when there is no lawfull ministerie Notwithstanding others of them c Admo 2. pag. 8. 57. thinke they may yéeld no further power vnto princes than to bind them to the restoring of their ecclesiasticall presbyteries that after that once performed they themselues may make vp their church-orders according vnto which the reformed churches in France doo attribute no more to the ciuill magistrate here in but d Art 24. de la discipline du France that Where the ministers doo saile in dutie there he must endeuour to cause them to be admonished according to the order of the discipline that is by the Consistories the Conferences and Synods either Prouinciall or Nationall Therefore e Danaeus par 2. Isag li. 2. cap. 17. one of them saith that This is the interest which good and faithfull magistrates haue that if they be present at the first nomination and election of ecclesiasticall persons yet they ought not to rule there For they may not nominate to the people or senate ecclesiasticall the persons to be chosen But a Ibid. ca. 19. in another place he confesseth that in old time the kings consent was required to be had vnto the Bishop which was chosen Bernard epist. 170. c. Reatina dist 63. before he was presented to the people And in the same place he addeth That when the Bishops See is void the prince ought not to enjoy the fruits of the Bishoprike Which saith he though by the royall prerogatiue it be obserued in France Yet Bernard epist. 224. dooth iustlie find fault with it because the said fruits might better be disposed of to the nourishment of the poore Yet one of our b Disciplina ecclesiast owne men dealeth a little more liberallie and saith Herein there is something proper and peculiar to the magistrats that they by their authoritie may order the state of the church at first and so preserue it being once ordered according to Gods will So that their meaning séemeth to be this that the prince must lend hir authoritie for the establishing of these their deuises and sée that no man interrupt them in their gouernement from time to time and so surcease and submit hir owne Highnesse and hir scepter in all church mattes to be ruled by the substantiall honest men and the minister of the parish where it shall happen hir Maiestie for the time to remaine For otherwise c T. C. 2. repl pag. 165. one of the chiefe of them is peremptorie and resolute that the prince hath not nor ought to haue any ordinarie authoritie for the making appointing or determining of any ecclesiasticall causes orders or ceremonies Whereby it may appeare that this whole sute of them doo agrée herein iust with the Papists who doo attribute vnto christian princes Power of fact but not of law and authoritie to Promote and set forward but not To appoint or intermedle with making of ecclesiasticall orders And yet forsooth they doo tell vs in great earness d Admon 2. pag. 2. that There is nothing in their bookes written of this matter that should offend any which either be or would seeme to be godlie Now about those that are to be implosed in this new kind of church gouernement there are diuerse opinions for the Discipline of France dooth a Des professeurs en la discipl de France mention certeine Regents and also Professors in diuinitie which may be called when a question about decision of any point of doctrine dooth arise neither of which persons or offices are mentioned in anie of our platformes that I remember Againe our b Admon 1. pag. 9. men doo make ministers to be of two sorts the one pastors and the other doctors so that both these two must concurre as necessarie members wherevpon with the elders and deacons their presbyterie must be raised but c Du Baptesine art 3. La discipl de France the Discipline of France maketh not a distinct person of the pastor from the doctor but noteth them as two seuerall properties incident according to the doctrine of S. Paule to be in a minister and preacher of the word And that is also the iudgement of Bullinger vpon the 4. to the Ephesians Also our reformers make the doctor to be the second man in their presbyterie yet d De eccles cap. 14. Bertrand affirmeth he ought to haue no place there except he be called by the rest as an Assistant e Admon 1. pag. 9. 11. Likewise our men with vs doo hold that deacons are to be placed in their consistories and presbyteries but the f Ibidem said Bertrand assureth himselfe they haue no place of dutie in that assemblie And such also is the practise of the church of France g Du consistoire art 4. le discipl d◠France where they decree thus The ministers of the word of God and the anciens doo make the consistorie of the church ouer which the said ministers ought to be praesidents and yet neuerthelesse the deacons may giue assistance to the consistorie for aduise vnto it so that they allow them a voice consultatiue but not decisiue in their church gouernement Furthermore our innouators will needs haue the deacons tied to the prouision for the poore so that without great impietie such a function in them may not by any other deuise whatsoeuer be altered yet h Simlerus fol. 752. in the reformed church of Zurike certeine late men without any imposition of hands are monethlie chosen for that purpose and haue the managing of the church stocke a T. C. pa. 192 Some of the principall inforcers of this new gouernement will néeds haue an order of widowes in their church plat And b Dane part 2. Isagog lib. 2. ca. 11. another of their fauourers though he setteth downe no necessitie thereof yet he thinketh it verie commodious to be reteined yet c Eccles discipl pag. 219 other of them not meanclie accompted of would persuade vs as he may herein easilie doo that they neither are necessarie