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A19392 An ansvver to the two fyrst and principall treatises of a certaine factious libell, put foorth latelie, without name of author or printer, and without approbation by authoritie, vnder the title of An abstract of certeine acts of Parlement: of certaine hir Maiesties iniuctions: of certaine canons, &c. Published by authoritie. Cosin, Richard, 1549?-1597.; Stoughton, William, fl. 1584. Abstract, of certain acts of parliament. 1584 (1584) STC 5819.7; ESTC S121272 391,855 496

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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 Falsificatiō 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 odious●●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.
ecclessasticall causes Then shall their new church platforme be also conuinced not to be from heauen but of men for Caluine affirmeth that the Iewish senat was but a politike constitution ordeined by them after their returne from Babylon But our men doo tell vs that Christ did establish and command the like senat in his church when in the 18. of Marth he said Dic ecclesiae Tell the church that is say they the presbyterie But Musculus is of another mind who thinketh all the congregation thereby to be vnderstood according to that time wherein Christ speake it when as the church wanted a godlie and faithfull magistrate And of the same opinion that the whole congregation aswell people as ministers or elders ought there to be vnderstood are * De Polit. eccl reip certeine reformers in France And if Christ did by those words establish command their presbyteries then were the apostles verie slowe and negligent in putting them in practise for * Calui Harmonia in 18. Matth. Caluine testifieth that neither in Christes time nor in two and twentie yeares after these presbyteries were exected And if Christ did speake in that maner to th' Apostles and disciples as of a thing well knowne vnto them by reason of the Iewish 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in vse amongst them then will it follow that as they had but one such for the whole nation setled at Ierusalem so one presbyterie will suffice for a whole realme Also if Christ had then exected that their presbyterie and church gouernement which they fansie assuredlie the apostles would not nor should not both all Christs time and a yeare after haue vsurped the office of deacons being thought by our men to be not onelie a necessarie but a distinct office from the pastors and preachers in their presbyteriall gouernement yea they would not haue relied vpon that reason onelie for creating of deacons because thereby they were drawne from a more necessarie function of preaching but would haue also auouched that commandement of Christ for such seuerall offices in the gouernement of the church if he had giuen out any such direction as is now imagined And surelie it cannot be that either Christ or his apostles did command any such consistorie and presbyteriall gouernement as they talke of because if it be a matter of such perpetuitie or importance and of that sort as they would inforce then could it not haue had so obscure and base a birth that neither scripture father nor councell should leaue in memorie by whome where or when it was first exected and put in practise Or else we must yéeld that all the martyrs and holie fathers in the time of the apostles and so downewards were palpablie ignorant of such a perfect precise and necessarie point of a true church or at the lest were verie negligent and enuious to posteritie that would not so much as vouchsafe to deliuer it downe from hand to hand by practise as the traditions and vnwritten verities are pretended by the papists to haue béene In so much that if you aske * Ecclesiast discip pag. 121. some of them in what part of scripture these their lay elders seniors be commanded they can answer redilie That all things are not expressed in scripture yet our admonitors thinke they can prooue all these matters directlie by the word of God The like varietie is amongst them in what part of scripture their Laie seniors are spoken of For some of our men thinke they haue found them in the 14. of the Acts ver 23. But * Caluinus other better learned than they doo contend that by the word Presbyteri there vsed ministers and preachers be vnderstood Likewise our men saie that the first to Timothie cap. 5. ver 17. where it is said The presbyters or elders that rule well are worthie of double honor dooth sufficientlie prooue the office of their seniors onelie to consist in ruling and not in preaching But a * Beza great learned man yet a sauourer of that platforme saith These elders did both rule and preach In like manner * Discip ecclesi fol. 217. some of our reformers doo send vs for the description of the qualities of these seniors which they dreame of vnto the 1. of Timothie cap. 3. from the 8. ver vnto the 14. where in déed the qualities required in deacons are described yet * T. C. pag. 51. other of our owne also doo referre vs for the properties required in them to the first verse thereof and so to the eight where the properties of a Bishop are described And where S. Paule saith Aduer sus presbyterum c Againsta priest or elder receiue no accusation but vpon two or three witnesses that * Admon 2. pag. 46. is saith the admonitioner against laie seniors or gouernors yet * Caluinus others of the chiefe fauourers of them doo confesse the place is meant of the ministers of the word * Eglise des estrangers à Londres An. 1150. And others doo fetch them from the word Gouernements 1. Cor. 14. And as they differ amongst themselues in what part of scriptures to find their seniors or elders so they can not agrée of the immediat Genus or generall word which conteineth them For some vse this diuision Of deacons some are elders or gouernors and some are such as prouide for the poore Other saie Of Bishops some are ministers some are seniors And againe Of elders some must teach some must onelie rule and others both rule and teach Some a Discipl eccles fol. 123. of them also doo assure themselues that the name of elders is neuer imparted to deacons in the scripture b A written booke not published ●ol 79. yet others are bold to giue this rule that all ecclesiasticall officers of what calling soeuer are called in the new testament Elders or Seniors Of which iudgement also c In 14. Act. Beza séemeth to be So that we sée if laie seniors be any where to be found in scripture some of them will start them vp in one place or other either by the name of Presbyteri Diaconi Episcopi or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 These their seniors also aswell as the rest of ecclesiasticall officers by their platforme and deuise must be found of the goods and reuenues of the church for the which purpose and for better supplie of them is that their intention of diuiding the whole realme afresh into parishes by vniting two thrée or more together and the laieng downe of all patronages and adioining of all Bishops and cathedrall churches reuenues and of all impropriations vnto them And to that end also they doo alledge that he which serueth at the altar must liue of the alter But how can this stand with * Beza in praefat confess Heluet. that aduise which is giuen for the choosing of Princes Noble men into the seniorie or with the practise thereof in some churches
which the Lorde Christ hath commaunded which is vtterly vntrue as appeareth First and principally by the word of God Secondly by the discourses written betweene the learned on that behalfe Thirdly by the Discipline practized by all the reformed Churches and lastly by Maister Nowell his Catechisme commaunded generally by the Bishop to be taught vnto the youth of the Realme in all schooles of their Diocesse yet notwithstanding the Minister contrary to a vowe made by him at the commaundement of his Ordinarie appointed therevnto by lawe is very iniuriously dealt with for that he is not permitted to exercise any discipline at all our Bishops and Archdeacons challenging vnto themselues a principall prerogatiue to punish all malefactors within their seuerall iurisdictions An other reason that this statute hath appointed as well the discipline of Christ as the doctrine and sacraments to be ministred as the Lord commaunded onely and none otherwise is this namely for that this statute was made to reforme as well the disordered discipline vsed in the time of popery amongst the popish idolatrous Priests as it was to reproue their false doctrine and prophanation of the sacraments so that neither the one neither the other should be ministred by the Ministers of the Gospell for otherwise this braunch of the statute should ordaine nothing and so contrary to the nature of a lawe be Lex absurda an absurd lawe Pag. 37 And therefore what open wrong and intollerable iniutie is offered the Saincts of God and loyall subiects to her Maiestie calling for discipline at the chiefe Prelats hands commaunded by the Lord and in truth established by the lawes of her Highnesse Empire euery indifferent man may easily discerue It followeth in y● booke of making of Ministers Bishop Will you be diligent to frame and fashion your owne selues and your families according to the Doctrine of Christ and to make both your selues and them as much as in you lyeth wholesome examples and spectacles of the flocke of Christ Answere I will Bishop Will you maintaine and set forwards as much as lieth in you quietnesse peace and loue amongst all Christian people and specially amongst them that are or shall be committed to your charge Answere I will In the ende when he layeth on his hands he sayth to euery one be thou a faithfull Dispensor of the word of God and of his holy Sacraments And againe Take thou authoritie to preach the word of God and to minister the holy Sacraments Which action speeches of the Bishop are to be wel wayed and considered The words which the Bishop pronounceth Be thou a faithfull Dispensor c. Take thou authoritie to preach are wordes appointed him by the whole State to be pronounced What was it trowe you the meaning of all the States and Nobles of the Realme or was it our most excellent Soueraigne the Queenes Highnesse her pleasure to haue enacted by Parlement that a Bishop should commaund an Apothecarie not exercised at all in holy Scriptures and altogether vnable to teach to be notwithstanding a faithfull dispensor of the word of God and to take authoritie to preach Pag. 38 No no they very well knewe that the outward sound of the Bishops words in the eares of such a man could not worke any inward grace or giue any inward vertue to the performance of so high a calling or of so holy a function And therefore as it becommeth a true and loyall subiect I dare not for my part so dishonourably conceiue of their wisedomes much lesse I take it should the Bishop so disloyally abuse their credite and authoritie Was their intent and purpose trow you that the Bishop by these his demaunds and the Minister by these his aunsweres should not bind the Minister himselfe to performe by himselfe this duetie to preach but that the same should be done by a third person I trowe no. For my Maisters and Doctors of the Canon and Ciuill Lawe Burgesses in the house of Parlement knowe that Promissio facti alieni inutilis Institu de inu●tilistipu § si quis est quod si testator iusserit aliquem in certum locum abire vel liberalibus studijs imbui vel domum suis manibus extruere vel pingere vel vxorem ducere per alium id facere non potest quia haec omnia testatoris voluntas in ipsius solius persona intelligitur conclusisse A promise made of an other mans fact is vnprofitable and that if a Testator shall will any to goe to a certaine place or to be furnished with the liberall Sciences or to builde an house or to paynt a table with his owne hands or to marry a wife that he can not doe any of these things by an other man because the will of the Testator hath concluded all these things onely in his owne person Was their meaning that the Bishop pronouncing these words Pag. 39 Be thou a dispensor was their meaning I say by those words to haue the Bishop commit the office of reading homilies to a Minister or to iudge reading of homilies to be preaching No no Their proceedings appeare to be of greater wisedome knowledge iudgement discretion and godlinesse They appointed by the same their consultation three kindes of offices to be in the Church Deacons Ministers and Bishops appointing seuerally to euery officer his seuerall dueties and hath expresly appoy nted reading homilies to be the office of a Deacon For in the ordering of Deacono the Bishoppe by vertue of the Statute pronounceth these wordes vnto the Deacon It pertayneth to the office of a Deacon in the Churche where he shall be appoynted to assist the Prieste in diuine seruice and specially when he ministreth the the holy Communion and to helpe him in the distribution thereof and to reade holy Scriptures and Homelies in the congregation c. I take it and hold it for a principle that the Bishop hath no authoritie by his Lordship to alter or transforme an act of Parlement and therefore I take it that I may safely conclude without offence to his Lordship that he can not by law appoint any Minister to reade any Homilies in any Church Statute lawe is Siricti Iuris and may not be extended What will you then by law positiue barre reading of Homilies in the Church No. But I would haue the Law positiue obserued and so barre reading of Homilies from a Minister because the Law positiue hath appointed that office to a Deacon For it is not lawfull for one priuate man and fellow-seruant to transpose from his fellowseruant an office committed vnto him by publike authoritie Pag. 40 And it is verily to be thought the Bishop himselfe will challenge as much vnto himselfe by this statute from the Minister and plainly tell him that by this statute he alone hath authoritie to make Deacons and Ministers and to gouerne them and that therefore it beseemeth not a Minister to be ordered otherwise then according to the forme of the booke and no
Touching the first protestation to be made promised and subscribed by them that shall hereafter be admitted to any office roome or cure in any Church or other place Ecclesiastical contained in these words in the booke of aduertisements In primis I shall not preach or publikely interpret but onely reade that which is appointed by publike authoritie without special licence of the Bishop vnder his seale though her Maiesties most excellent name be vsed by the publishers of the sayd aduertisements for confirmation of them and that they affirme her M. to haue commanded them therevnto by her highnes letters yet because the booke it selfe commeth forth without her M priuiledge and is not printed by her M. Printer nor any in his name therefore it carrieth no such credite and authoritie with it as wherevnto her M. subiects are necessarily bound to subscribe hauing other lawes and other Iniunctions vnder her M. name and authorized by her M. priuiledge contrary to the same For her M. by her Iniunctions commaundeth euery Minister to preach within his owne cure without licence as before you haue heard But let vs goe forward It hath bene shewed before that euery one to be made a Deacon or a minister ought be to called tried examined knowen to haue such qualities as were requisite that mention also hath bene made of y● face of a church of the Latine tongue of many other circumstances necessary to that action all which things set downe rather generally then particularly described require a larger discourse Panormitan y● doctors vpon y● ciuil canonical law haue these cōclusions Pag. 49 Statuta debent interpretari secundùm ius commune siue debentinterpretationem ●x n. ●a dict●● de consu●t●● nu 22. recipere à iure communi statuti verba dubia debent interpretari vt minùs laedat ius commune quàm sit possible Statutes ought to be interpreted according to common lawe or statutes ought to receiue their interpretation from common law and doubtfull words of a statute ought to be so construed that they be as little preiudiciall to the common lawe as is possible Out of which conclusions I collect this rule Namely that where a statute shall establish an office practized and had in vse before the making of the statute and shall require a calling a tryall an examination and qualities in an officer meete to execute that office and shall not specifie and declare any particular kind of calling of tryall of examination and such qualities c. that then such manner of calling of tryall of examination and such qualities are required by that statute to be in such an officer as by common right were requisite for such an officer before the making of that statute And because by the viewe of the former order it selfe it is very apparant that the same forme and order was appoynted by men very desirous to promote as much as in them lay the honour and glory of God and to abolish all superstitions and trumperies brought into his Church Therefore because I ought by duetie to conceiue their meaning to the best and most agreeable to their profession I say that they meant herein onely such calling such tryall such examination and such qualities as are requisite to be in a Deacon and in a Minister by the lawe of God Which is euident both by the order of prayer vsed at the time of their orderings and also by the Scripture read for that purpose The prayer followeth Almightie God which by thy diuine prouidence hast appoynted diuers orders of Ministers in the Church and diddest inspyre thyne holy Apostles to choose vnto this order of Deacons the first Martyr S. Steuen with other mercifully behold these thy seruaunts now called to the like office and administration Pag. 49 replenish them so with the truth of thy doctrine and innocencie of life that both by worde and good example they may faithfully serue thee in this office to the glorye of thy name and profit of the Congregation thorough the merits of our Sauiour Iesus Christ who liueth and raigneth with thee and the holy Ghost now and euer Amen After this prayer followeth the Epistle out of Timothie Likewise must the Ministers be honest not double tongued not giuen to much wine neither greedy of filthy lucre but holding the misterie of the faith with a true conscience And let them first be proued and let them minister so that no man be able to reproue them Euen so must their wiues be honest not euill speakers but sober and faithfull in all things Let the Deacons be the husbands of one wife and such as rule their children well and their owne housholds For they that minister well get themselues a good degree and a great libertie in the faith which is in Iesu Christ c. or else this out of the sixt of the Acts. Then the twelue called the multitude of the Disciples together and sayd It is not meete that we should leaue the word of God and serue tables wherefore brethren looke ye out among you seuen men of honest report and full of the holy Ghost and wisedome to whome we may commit this businesse but we will giue our selues to continuall prayer and to the administration of the word And that saying pleased the whole multitude and they chose Steuen a man full of faith and full of the holy Ghost and Philip and Procorus and Nicanor and Timon and Parmenas and Nicolas a conuert of Antioche These they set before the Apostles and when they had prayed they layd their hands on them c. Pag. 50 The Communion ended shall be sayd this Collect. ALmighty God giuer of all good things which of thy great goodnesse hast vouchsafed to accept and take these thy seruaunts vnto the office of Deacons make them we beseech thee O Lord to be modest humble and constant in their ministration to haue a ready will to obserue all Spirituall Discipline that they hauing alwayes the testimonie of a good conscience and continuing euer stable and strong Fol. 1. pag. 8. in thy Sonne Christ may so well vse themselues in this inferior office that they may be found worthy to be called to the higher ministeries in the Church thorough the same thy Sonne our Sauiour Christ to whome be glorie and honour world without ende Amen The Epistle appointed at the tyme of ordering of Ministers shall be read out of the twenty chapter of the Acts. FRom Mileto Paule sent messengers to Ephesus and called the Elders Fo●● pag. ● of the Congregation which when they were come to him he sayd vnto them Ye knowe that from the first day that I came into Asia after what manner I haue bene with you at all seasons seruing the Lorde with all humblenesse of minde and with many teares and temptations which happened vnto me by the layings awaite of the Iewes because I would keepe backe nothing that was profitable vnto you but to shew you and teach you
before hee had leaped I saie to let this passe yet the obiection made before in their ●e●ence is an obiection in truth not to be obiected The triall of the abilitie 〈…〉 wh●●●● 〈◊〉 consist in learning or in li●e is and euer hath beene onely in the authoritie of the Church and never in the power of the ●aitie First touching the enqurie of their abilitie for learning to leaue to speake of the Canon Law which a●●●ng 〈…〉 vnto the Cleargie the Ciuill law and the Canon laws of th●● 〈◊〉 agree herein tog●ther and attribute the enquirie thereof to the 〈◊〉 onelie The Ciuill lawe saieth thus 〈◊〉 〈◊〉 which are chosen by them 〈◊〉 〈◊〉 vnworthie befor● bid●● to be 〈◊〉 then let the 〈◊〉 holie Bishoppe procure 〈◊〉 to be or●●●●d whom he should thinke mee●est And thus 〈…〉 thing to belong to the honor worship of your 〈◊〉 〈◊〉 〈◊〉 building Church or otherwise be●owing 〈◊〉 vppon them 〈…〉 therein be thus bold as by power to bring vnto you● 〈◊〉 then to be ordained but our minde is that by your Holinesse and ●●dgement they be examined touching the idoneitie of a person preseured to an Ecclesiastiacll be 〈◊〉 by the lawes of the 〈◊〉 the examination of him likewise pert●●●●th to the Ecclesiasticall Iudge and so it hath hitherto beene vsed and so le● it be d●●● h●●reafter And againe Where the Ordinarie refuseth the Clearke for non abilitie which is in assue the Oridinarie is par●ie that shal not be tried by him because he is partie but by the Metropolitane if the Clearke be aliue and if he be dead then by the Co●●●●ie where the examination was had And againe Where the Ordinarie after the patrone hath presented doth enquire and finde the Clearke to be criminous and the ●●me of the lapse by this meanes passe there he shall not make any ●ollation by lapse but first giue notice vnto the partie if he be a 〈◊〉 〈◊〉 but cont●●●wise if he be a spirituall man note the difference for he may know his owne Clearke But were it so that the La●●● had power therein and that the Archbishop were exciu●ed yet if the Bishop after he were compelied by processe from any of ●er highnes temporal courts of Iustice to admit an vnable Cleark ●●d forthwith call this vnable Clearke into his Constitorie and ob●●ct against him his unabilitie and for the same degrade him of his ●ffice What ●emedi● had the same Clearke against his Ordinarie 〈◊〉 this case He being once deposed from his office by his Ordinarie the common lawes should haue now no remedie to helpe him he ●●ing no more to be called a Clearke and therefore not to bring anie ●●it or comm●●ce anie sute against his Ordinarie in the name of a Clearke But we wil conclude Pag. 105 Since the stature of 25. Henrie the ●ight hath authorized all Canons Constitutious and Synodailes ●ou●nciall made before that statute ●ot being contra●iant or repugnant to the laws and customes of the 〈…〉 her Maiesties preroga●●e royall to be 〈…〉 and also since these Canons Consitutions and 〈◊〉 ●●●●●ciall before specified were ma●● before the 〈…〉 trariant nor repugnant to the laws 〈◊〉 of the 〈◊〉 〈◊〉 ●●rogatorie to her highnesse 〈◊〉 royal● 〈◊〉 since they are agreable to the lawes vsages of the tealms and vphold her 〈◊〉 royall And since by these canons other Ar●s of Parlement and her highnesse Iniunctions i● is 〈◊〉 that men learn●●● that men 〈◊〉 〈◊〉 meete to ●each are to be placed Ministers in the Church and that men vtterly unlearned and such as ran 〈◊〉 〈◊〉 in 〈◊〉 〈◊〉 or Masse are not to be admitted that therefore a 〈◊〉 Ministerie is commaund●● by the Lawes of 〈◊〉 〈◊〉 And if so then an vnlearned Ministerie forbidden by the same Lawes and if so then by the same Lawes such penalties 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and in●●●●●● upon the 〈◊〉 of the 〈◊〉 〈◊〉 as by the 〈◊〉 laws are hol●●●●●● 〈◊〉 against 〈◊〉 wilfull Law-breakers AN ANSVVER To the two fyrst and principall Treatises of a certaine factious Libell put foorth latelie without name of Author or Printer and without approbation by authoritie vnder the title of An Abstract of certeine Acts of Parlement of certaine hir Maiesties Iniuctions of certaine Canons c. Galath 5. He that troubleth you shall beare his condemnation whosoeuer he be Hieron ad Pammachium epist 26. Facilè abiicitur quod haeret extrinsecùs intestinum bellum periculosus est coniuncta disglutinamus vnita dissuimus Published by authoritie LONDON Printed for Thomas Chard 1584. Concerning the Title and the Epistle of the Booke IF the author of that booke whosoeuer had been mooued of good zeale and conscience wherof in euery passage of it he giueth euident proofe to the contrary to haue aduertised gouernours of this church and church matters of some wholsome lawes Inforce to them as he pretendeth Vnkno●ne and therfore necessarilie by them vnpractised to the intente his admonition might indeed haue been profitable heereafter For the peaceable gouernement of the church it had bin then as much thanke worthie in him as now sauoring so strongly of rancor and contention it deserueth punishment But thē would he not haue foisted it to a make-shift to haue been printed in hugger mugger but would haue addressed it to those vnto whom the execution of such pretended necessary and yet disused lawes apperteineth then should not the printed copyes there of as not daring to looke out at noone-day haue beene so soone shufled vp and sent by hundreds into mutinous places abroad thought most to fauor such factious writings then should not his alledged texts of acts canons c haue come out accompanied with such peruerse glosses Quae corrumpunt textum particularizing at pleasure Tanquam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vpon such persons as his distempered affections cannot brooke neither would his booke haue growne to that bignes but that it might well haue carried the title of an Abstract whereas now by wringing and wresting by shrinking and stretching of lawes by gnawing and nipping at particular mens dealings calumnious●ie and traducing them Quasi in veteri comoedia both the author dooth seeme Distract of modestie and by his booke is found Tanquam sorex proprio iudicio to wante that insight in law that he would so faine be intituled vnto In which Acts iniuctions canons c bicause he was loth to appeare to haue no more skill than ordinarie he saith they were For the most part heeretofore vnknowne whereby hee must needes For the most part holde those excused of whom they were vnpractised and therefore in his booke ought not so egerlie to haue bitten at them for vndue practise of such mysteries as till nowe it pleased him not to reueale vnto them And surely looking into the present time occasion I cannot be otherwise led to thinke but that this proctor of peruersenesse being netled that his clients are now by force of hir Maiesties godlie lawes sought
to please woolues for he cannot please both them and the flockes of shéepe The * 2. q. 7. c. qui nec regiminis next likeneth not a prelat to a shamelesse dog onelie for not correcting the faults of his children but also for want of gouernement in himselfe and for not bewailing his owne sinnes That which followeth taken out of Augustine is appliable to all men as well as to prelats and sheweth how a doue that is a true beléeuer may be discerned from a rauen that is a filthie liuer * c. non omnis ibid. Not euerie one that saith Peace be vnto you must be listned vnto as though he were a doue the rauens are fed by the death of other things this qualitie the doue hath not which liueth of the fruits of the earth and therefore his diet is blamelesse The next is not found by any direction which he hath set downe but he might haue alledged the gospell for it speaking of salt that hath lost his taste The * c. in mandatis 43. dist place ensuing next is by him following onelie his glosse wrong quoted But if he thinke he may gather of that which the last glosse saith of a prelats dumbenesse in teaching which I haue shewed not to be alwaies coincident with preaching that euerie minister is thereby of necessitie to be a preacher I am to saie besides that which is spoken to the first section * Gl. in Cle. 2. de sepulturis verbo praelati that Vnder the name of a prelat the person of a church is not conteined The crimination and blame which he laieth vpon our chéefe prelats for admitting any into orders not enabled as he fansieth if otherwise they haue discharged their duties as I hope will easilie be answered when it shall please him to charge anie in particular Loco tempore congruis whereas being deliuered in this maner it cannot serue to helpe the matter but onelie to open the rankenesse of his stomach and by the contempt and obloquie of them to wound the common cause 17. Section Pag. 29 30 31. THe author being now come vnto the maner of making deacons and ministers in this church of England and pretending so good liking thereof that he cannot endure the least wrench aside in any small circumstance of it séeking also to mooue before he hath taught or shewed any breach of the said order and to the intent he might bréed further attention or else indignation in his readers he putteth on of a sudden Cothurnos tragicos and lostilie aduancing his spéeches swelleth in words like the Ocean Proijciens ampullas sesquipedalia verba The occasion of all this stirre is bréefelie this bicause When ministers are to be made it is an action wherof deliberate consideration is to be had and wherein when all is done as it is imagined that can be done yet in truth there is as he saith nothing so nor so done I doo casilie assent vnto him that a maruelous great care in so weightie an action ought to be had But that when all is done as it is imagined can be done yet nothing is so nor so done is An obscure riddle so deepe and inextricable a riddle for me to vnfold that I must confesse my selfe herein Dauus and not Oedipus except I should thus gesse considering the humor of the man else-where that though all prescribed were as exactlie obserued as might be according to the order there set downe yet is it not such a forme of ordering ministers as it ought to be If this be his meaning whie should he be so incensed against those who breake that which he himselfe misliketh Or whie dooth he thus terriblie exclame as though he would Inclamare coelum terram maria Neptuni against the breakers of an order either vngodlie or inconuenient By the waie it is to be obserued that the holie daies besides the sabboth he calleth Their owne festiuall daies intending as I gather by this contemptuous speech The authors nipping at hosie daies that the obseruation of all such daies is vnlawfull and that they are not commanded by hir Maiesties lawes but established onelie by the Bishops That other daies beside the sabboth may be commanded as festiuall by the chrstian magistrate the practise of the people of God though straightlie bound to the ceremoniall and iudiciall part of the obseruation of the sabboth as well as to the morall which alonelie we are tied vnto dooth sufficientlie teach vs. For besides that God who indéed is a law-giuer to vs and not to himselfe did command beside the sabboth manie festiuall daies and solemne times of holie assemblies ioy and rest to let passe their a Num. 28. 2. Paral. 2. 2. Paral. 8. Esdr 2. Isai 1. solemnities in the new moones or kalends bicause in them they rested from no kind of labour as namelie the b Exod. 12. passeouer the first and c Leuit. 23. Deut. 16. seauenth daie of swéet bread the feast d Leuit. 23. of first fruits the e Leuit. 23. Num. 18. Deut. 16. 2. Macca 12. feast of pentecost or of wéekes the feast f Leuit. 23. Psal 80. of trumpets the feast g Leuit. 23. Leuit. 16. Hier. 36. of expiation and the h Leuit. 23. Num. 29. Deut. 16. Neh. 8. feast of tabernacles diuers also were instituted and commanded to be kept by holie men as the i 1. Reg. 8. 2. Paral. 7. feast of dedication of the temple by Salomon at the k Esdr 6. dedication also by Zerobabell the feast of dedication l Macca 1. Iohn 10. of the altar vnder Iudas Macchabeus which being in winter is thought to be the same feast of Encaenia or dedication which Christ honoured with his presence in the tenth of Iohns gospell the m Iud. 11. feast of moorning for the daughter of Ieptha the n 1. Macca feast of fire the o Iud. 16. feast of Iudiths victorie ouer Holophernes the feast p Esther 9. of lots and the feast of victorie q Iosep li. 12. ouer Nicanor the king of Syrias generall capteine And if the lawfulnes to command such being granted it shall neuerthelesse be thought no such thing amongst vs to haue force of law as I haue heard it to haue béene more confidentlie than truelie auouched by some such are to knowe that both the statute 1. Eliz. cap. 2. dooth establish the said daies and that hir Maiestie authorised by the said act hath authenticallie ratified long ago by hir royall authoritie to be shewed both the fasts festiuall daies set downe in the bulgar kalendar prefixed before the booke of common praier Neither is this circumstance of a sundaie or holie daie spoken of in the bodie of the booke of The forme and maner of making and consecrating Bishops Corruption of the booke priests and deacons but in the preface onelie neither is it there spoken of other than of
hir Highnes as to grant hir this libertie it may please him besides the fourth iniunction before alledged to peruse the 27. and 53. iniunctions where expresselie all parsons vicars and curats are inioined to read some homilie when there is no sermon whom I trust he will not therfore conclude either to be all deacons or to transpose without authoritie the office of their fellow-seruant vnto themselues But to tie the reading of homilies vnto deacons is so farre from all apparance or colour of truth that in the selfe-same place where he curtailed rather than abridged the office of the deacon the booke setteth downe that it is a part of the deacons office to read holie scriptures and homilies in the church Where he shall be appointed to assist the priest not thereby that the priest is excluded from reading scriptures and homilies if he so thinke good or be commanded and therefore much lesse where no such deacon is appointed to assist the priest And if this new topike place were allowable then hereof we might reason thus Bishops as this man hath confessed afore by the ordinance of the realme are to execute discipline Ergo the inferiour His argument recorted against himselfe minister being another distinct officer may not transpose it to himselfe as in the other section he auouched Also ministers are to preach Ergo Bishops being of a distinct office may not preach contrarie to all that which afore he hath spoken against dumbe prelats Againe Deacons are by their office by law set downe to instruct the youth in the catechisme to baptise and to preach if they be admitted thereto by the Bishop Ergo ministers being a distinct office from deacons and statutes being strictlie to be interpreted are neither to catechise baptise nor preach by his owne doctrine and where is then his learned ministerie And therefore I take it that I may safelie conclude without offense to his wisedome that either héere he doated or else he hoped his readers would be such affectionate dotards as that he might with anie shew or vizard of likelihod as héere or by racking wringing wresting and curtailing as in diuerse places else-where without their further looking vnto him how plainelie he dolte easilie abuse them 20. Section Pag. 40 41 42 43. NOw in this section to make the matter in his behalfe séeme more probable against the Bishop he frameth a silie answer God wot in his name that Seeing by statute he onelie hath authoritie to make deacons and ministers and to gouerne them that therefore it beseemeth a minister no otherwise to preach than as he shall be licenced therevnto by him the Bishop But yet bicause this fiction was so apparentlie vnprobable he was content also to temper it thus Otherwise than according to the forme of the booke And indéed I cannot sée but that this may and ought to staie any from enterprising to preach in a setled church as this is sauing such fanaticall spirits as will shooue them-selues into the office of preaching without any externall and lawfull calling seeing that in this church of England this booke is the onelie externall forme we haue of calling men into any function in Gods church Now touching the former matter Whether the Bishop might commit the reading of homilies to the minister bicause our author warilie foresaw that both the iniunctions and aduertisements published by sufficient authoritie would to this purpose be alledged he séeketh to vntie that knot thus Bicause That he saith which was confusedlie and indistinctlie appointed in them to be done by parsons vicars and curats whereof as it fell out some were deacons and some ministers is now by this statute made 8. Elizabeth after both the other bounded and limited so that euerie proper office should be allotted to his proper officer But by the way he scattereth a riddle as he runneth when he saith The iniunctions aduertisements articles and this statute dooth bound and limit the meaning of the iniunctions and aduertisements yet I thinke he meant onelie that the statute bounded the meaning of the other two and therefore she was to blame that taught him so long to go before he had learned to speake well For the vntruth of this allotment of euerie peculiar function to his proper officer although some are peculiarlie tied vnto one and not attributed to any other I referre the reader to the booke it selfe and to that which was said in the last section And so I doo this which a little after he gathereth Ex vno absurdo quasi concesso That the office 〈◊〉 of the deacon is onelie to read the scriptures and homilies by that statute Now to open more fullie the vanitie of this surmise as though the statute 8. Elizabeth ment to redresse reading of homilies by ministers thorough making a more orderlie distinction of offices than afore you shall perceiue by perusall of the bodie of that statute and preamble that the forme and maner of making and consecrating Bishops priests and deacons was not deuised then anew but was put in vre and established in the daies of king Edward And though Ad maiorem cautelam for the auoiding of cauils of traitorous and slanderous papists the same booke was then established by that act of parlement yet dooth it in the preamble thereof by manie reasons prooue that the said booke had the force of law before And therefore it is verie propheticall for that booke which was penned in king Edwards daies to bound limit Articles of religion art 36. applie and distinguish offices confusedlie deliuered by hir Maiesties iniunctions and aduertisements which were long after framed And where our author had said that A minister must minister the doctrine and sacraments and discipline of Christ what néeded he to haue added And preach onelie if as afore he would haue inforced vnder Doctrine or teaching preaching be necessarilie alwaies emploied But afterward vpon better rubbing of his memorie he telleth vs his meaning is not to Exclude the minister from reading the scriptures and praieng with the people duties without which preaching cannot be done If by reading the scriptures he meane the ministers priuate studie then he reasoneth not Ad idem which is ignorance of the Elench But if he vnderstand the reading of scriptures in the church then I sée no cause whie by his owne platforme the minister should read any scriptures there besides his theame for his sermon naie how can he read any scriptures when the deacon hath read them all Contrarietie of the author vnto himselfe afore And if he will needs read the scriptures publikelie whie should he be suffered by this mans construction to inuade The deacons proper office and to transpose it to himselfe And therefore the copie of the supplication and submission of the Bishops which he hath here drawne in their behalfe as though through their Abusing of hir Highnesse lawes no meanes according to law could be found for reading of homilies where the minister is
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 R●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 mād 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 qu● 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
an exception whereby vpon occasion beneficed persons may by the Bishop be inhibited or suspended from preaching or expounding euen in their owne cures And if it were not so then this being but a prouinciall constitution which cannot derogate from the canon law afore in this section alledged by our author should be meerelie void Yet to make it more plaine what great doughtie sermons these were which beneficed persons in their owne cures were in this great restraint pretended suffered to vtter Forsooth they were nothing but that shallowe paraphrase * Const prou ignorantia sacerdotum de off Archipresbyteri afore spoken of which they might simplie conne without booke and preach to their people but they might wade no further as appeareth in this * ibid. §. sacerdotes selfe-same constitution And therefore this is farre inough from giuing any authoritie to all ministers to intermeddle with preaching without further licence than their ordination to the ministerie The obiection which to this purpose against the author might be brought out of the aduertisements he handleth as Alexander did Gordius knot which bicause he could not handsomlie vntie he hewed it in sunder with his sword And so dooth he by denieng the authoritie of them bicause they are not with priuiledge nor printed by the Quéenes printer although they were commanded by hir Maiesties expresse letters And is any man to surmise that those reuerend and wise Fathers who subscribed vnto the said booke of aduertisements would or durst publish them in hir Maiesties name and as by hir Highnesse authoritie and letters dafed such a certeine daie if it were not so or that they would enterprise to forbid or restraine that which the law had so exactlie charged and commanded as this man dreameth But it is the guise of little children where they cannot read there to skip ouer But this matter is clearelie determined by a later * 13. Elizab. cap. 12. statute than all these which yéeldeth a preheminence excluding all others vnto a preacher lawfullie allowed by some Bishop within this realme or by one of the vniuersities of Cambridge or Oxenford to haue a benefice of thirtie pounds a yeare in the Quéenes bookes in like sort as a bacchelor of divinitie by the said statute may haue Now if euerie one ordeined a minister by a Bishop were thereby by the secret operation of law admitted withall a preacher by the said Bishop then were this no prerogatiue to a bacchelor of diuinitie or to a preacher when as euerie minister should be as capable of a benefice of that value as they and so the statute should be absurde and elusorie 23. Section Pag. 47 48 49 50 51 52 53 HAuing had so hard hap with particular proofes he héere commeth to a generall reason or presumption Bicause Statutes in doubtfull points are to be interpreted by the common lawe and so that they may as little preiudice the same as may be and for that the calling triall examination and qualities required are spoken of about making deacons and ministers without particular mention of what sort of calling triall examination or qualities and for that the makers of the Act were men desirous to promote the glorie of God therefore such calling triall examination and qualities are ment as are requisite to be in those two callings by the law of God which he prooueth also to be likelie By the praiers and places of scripture vsed in that action Touching his conclusion I can easilie assent vnto it If this withall be vnderstood that if either in this forme of ordering or in any other forme in any reformed church euerie speciall circumstance vsed be not Modo forma found in the word of God as indeed it is not possible yet notwithstanding if nothing therein be repugnant Articles of religion art 34. to the word of God that it may and ought to be accompted in this action and all other of externall policie to be agrèeable and according vnto it and to be that which is required by the law of God yet the conclusion followeth not of those premisses for he should haue inferred that such calling triall c is vnderstood as the common law dooth set downe Now as touching the qualities required in a priest or minister by the canon law which is the common law ecclesiasticall no such matter of preaching is required of him nor no necessarie tieng vp of the deacon onelie to reading of homilies Ad * c perlectis §. ad presbyterum dist 25. presbyterum To a priest saith the canon it belongeth to performe the sacrifice of the bodie and bloud of the Lord on the altar of God to praie and to blesse the gifts of God As concerning his allegation out of Panormitane there is no such chapter in that title wherevpon he might write yet I find in him vpon the said title this conclusion that The * Abb. in c. cum dilectus Ext. de consuetudine words of a statute ought to be construed either most largelie or most strictlie to the intent that the correction of the common law may be auoided by such interpretation Yet this moderation as the law else-where teacheth vs that * Ibid. §. in gl ver nec iuri per l. 2. c. de noxal per Bart. in l. omnes populiff de iustitia iure Where the words are euident there we ought not to take an vnproper sense of them to the intent to reduce them to the common law but where they are doubtfull or haue a double vnderstanding whereof the one is proper and the other vnproper then we ought to take in interpreting euen the vnproper sense that by it we may swarue so little as may be from the common law But in such maner also As * Abb. in c. cum dilectus Ext. de consuetud that we swarue not from that sense which custome yeeldeth although by somthing happening afterward it should appeare that such sense were not good bicause custome hath a power of interpreting of derogating and of imitating whereby it supplieth where law faileth So that I would gladlie learne what words are so doubtfull or of so diuers significations in any of our statutes or in●unctions touching the authorising of euerie minister without further licence to preach and barring him from reading homilies as that for auoiding of a contrarietie betwixt them and the canon law and for the reteining of the vsuall meaning of them which the custome of this church hath yèelded we should be forced to follow our authors fansies herein naie the custome of this church I am sure he will not denie but that it is against him Moreouer one of his chèefest assumpts to wit That no kind of particular calling triall or examination is set downe by the said booke so by act of parlement confirmed is vtterlie vntrue For the preface of the booke saith An b●truth thus It is requisite that no man shall execute anie of the said offices
his first conclusion that these thrée The examination the time for ordering and the presenting by the archdeacon and also The calling whereof he hath before not spoken one word are points Essentiall and causes formall dooth fall flat to the ground and much more his other conclusion depending thereof that none being no preachers whom he therfore called Toong-tied are to be accompted ministers bicause they are Not made according to the order forme of the statute Whereby he would beate not vnlearned ministers alone but withall like one blindfolded with malice he lasheth out at all ministers in whose ordination some such slender circumstance hath not béene perhaps vsed 41. Section Pag. 83 84. ID his question heere seeing All solemnities in the making of ministers as he thinketh are by the lawmakers appointment essentiall or substantiall in case some not of the least moment onlie and which might otherwise wel inough haue beene reputed accidentall bee omitted but other of greater weight which he reckoneth whether then men so ordeined By our statute lawe be ministers at all or no I doo answer that except he can both prooue all such whose omission he would inforce to ouerthrowe the whole action to be essentiall and also those other circumstances to concur which in the end of the next section sauing one afore I haue shewed to be required to the adnulling of an act for want of forme we must still accompt them for lawfull ministers in the church For although the Bishop who omitteth any of those which be of moment may be punished yet I for my part cannot accompt any point of the ordination to be the formall cause of the externall calling into the ministerie besides the words giuing the authoritie to execute that function and the two necessarie solemnities of praier and the imposition of hands I doo obserue in this section that he or his printer to gratifie him hath twise changed the forme of the letter from Romane vnto Italian as though they were not the authors onelie words but some allegation Also that among those things which he would necessarilie haue the Bishop to haue regard vnto and not to omit at ordinations he reckoneth this that the minister be mooued by the Holie-ghost and be persuaded of the sufficiencie of scripture to saluation and surmiseth verie vncharitablie these to be wanting in Too too manie of our ministers which no man but the spirit of the man himselfe which is within him can iudge so soone is he lept into Gods owne throne and faketh vpon him to set downe what lieth hid in a mans owne conscience Likewise is that of his ridiculous where he blameth the Bishop for ordering him that is not example to his flocke or will not teach c considering it is not possible for the Bishop to prophesie how the minister will behaue himselfe in his function afterward And the booke prescribeth not these as qualities to be attended before the ordination but as solemne vowes and promises before God and his congregation the more strictlie to tie the minister vnto the fulfilling of his dutie And so is this as foolish and wandring where he saith The vnlearned ministers the complaints to the Councell the Bishops owne records are glasses where in wee may see these omissions of forme and maner at ordinations not to be feigned I doo thinke verie few complaints haue béene made for not obseruing the forme of the booke and fewer circumstances omitted I am sure are recorded Touching his Daior proposition of his syllogisme That the forme not obserued by him which had no authoritie before that booke of ordering was by law confirmed except he meane it that they had no authoritie before to make them according to that forme is most apparentlie false and to be controlled by infinit lawes and canons which endow them with this authoritie as incident vnto their dignitie euen from the apostles times downeward Now the lawe is berie euident that * Gloss singul Caerd in Clem. 1. in princ de iure patronatus Phil. in c. qua fronte Ext. de appel If a forme be by law set downe to be done by an Ordinarie in that point wherein he had iurisdiction afore though the forme be not obserued yet the act done is of force and shall stand Therefore the vanitie of all that hath to this purpose hitherto by him béene said is hereby detected But admitting the conclusion were true That processe not made according to the order and forme of the statute were void how can he inferre hereof that all not being preachers whome therefore he calleth Dumbe and idoll-ministers are no ministers at all Dust we thinke that such as at their making ministers are able to preach haue this priuiledge peculiar onelie to them that no part of the forme can possiblie be omitted at their ordination and that other that be not able are all so vnhappie that the Bishop possiblie cannot at their ordination hit vpon it But what shall we saie then if one able to preach and another not able be at one time and in one maner ordeined togither shall the one shall both or shall neither for want onelie of some forme be ministers Indeed and by law according to this mans supposition 42. Section Pag. 85. THaue shewed before what force these reasons of similitude or comparison are of in all disputation but especiallie in matter of law His * L 10. ff de decuri first That the inserting of a mans name in the register of decurions will not make him a decurion without a due election being set by him vnquoted hath not so much as a colour or shew to prooue anie thing else but that euerie one is not straight without the outward calling of the church to be reputed a minister though he by some meanes haue gotten letters of orders The * l. 30. ff quādo dies lega cedat reason of the other law by him alledged whie the Iegacie giuen to an infant the day of hir marriage shall not be due before the be married and haue atteined twelue yeares of age is bicause before that time it is but a mocke marriage and may be dissolued at such age neither is reputed a iust and lawfull matrimonie before that time according to that * Institut de nup●●s in initio Iustas nuptias inter se contrahunt ciues Romani viri quidem puberes foeminae autem viripotentes If he will applie this to his purpose then must he prooue that an ordination into the ministerie of any not able to preach is by lawe as no ordination the contrarie where of I * Sect. 30. haue afore shewed euen out of that statute which here he alledgeth where it was also said that the statute hath no one word to make void admissions to orders in respect of any default there touched as may appeare to those who will peruse it 43. Section Pag. 85 86 87 88 89. BIcause our author will make sure
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
other men abroad and amongst themselues at home how yet notwithstanding they doo all in generall importune vs to beléeue them that there is a precise forme order rule and law of this externall gouernment in the church commanded by Christ which no church may swarue from or euer transforme and alter Yet Tertullian as he is alledged by others saith thus Trulie the rule of faith is wholie one and is wholie vnmoueable and not to be reformed namelie to beleeue in God c this law of faith remaining now the other matters of discipline and course of life doo admit alteration and correction the grace of God alwaies working and going forward vnto the end And first as touching varietie of iudgements about the meanes to establish this gouernement and their presbyteries we sée that our * Pag. 93. Abstractor saith The ministers without due authoritie from the magistrate whereby I hope he vnderstandeth the chiefe magistrate of euerie common-wealth not inferior officers whom in this case certeine firebrands of treson by a De iure magistrat de iure regni vindict con tyrannos their bookes would arme against their souereigns ought not to wrest any thing into the gouernement of the church But b T. C. pag. 141. another saith that among other things this gouernment by presbyteries Is such as for the keeping of them if we haue them forth obteining of them if we haue them not he will not saie Our honors or our commodities and welth but our liues ought not to be deare vnto vs. Another c Admon 2. pag. 61. saith they are forced to speake for it and to vse it And d Br. a fourth no lesse peremptorie than traitorous whom I hope they will not allow of saith If the prince will not establish this gouernment that hir subiects need not to tarrie for hir but ought t'innouate the gouernment themselues Diuers of the French reformers are also too violentlie affected that waie One of them hath deliuered e Fran. Iun. pag. 28. that If the prince doo hinder the building of the church f Pag. 3. or doo affect the seat of God that is in their sense and meaning deale in ecclesiasticall causes and hinder the presbyterie the g Pag. 28. people may by force of armes resist him To which end also h Admon 2. pag. 29. that seemeth to be spoken where it is said that many a thousand in England desire that platforme and that great troubles will come of it if they be still with-stood in their deuises And if none of those dis●ciall practises can be put in vre which some of that disposition and affection to those presbyteries haue deuised by arming inferior officers and magistrates against their souereignes then they would * Of obedi●nce pa. 59. haue The ministerie t' excommunicate the king Wherby they would falslie gather by the Feudall law or of tenures as we call it * De iure magistr pag. 66. that the vassall is deliuered from his allegiance and oth of fealtie or homage which he hath taken to his souereigne lord if he be once excommunicate In which respect also * Of obedience pag. 52. 53. some of them doo affirme that though popes taking vpon them to depose princes for sundrie enormities did vsurpe vnto themselues an vnlawfull authoritie yet the reason that mooued them so to doo was honest and iust and méet to be executed by the bodie or state of euerie common-weale and yet forsooth these be especiall fréends and fauourers of the Quéenes prerogatiue But touching that place there alledged out of the second booke Feudorum tit 28. § 1 it can no waie be vnderstood of an absolute and souereigne prince that holdeth not his kingdome ouer of anie mortall man but of God alone no not in those countries and territories where otherwise the Feudall law in meane lords hath place First because the Vassall or tenant as we call him being deliuered of his fealtie seruices and tenancie and the said seruices being not to be extinguished in the Vassall but for the lords default to be forfeited to another it cannot be vnderstood of a souereigne lord who hath no superiour but God to take the forfeiture that is growne against him Secondarilie the circumstances of the law doo declare this to be vnderstood of a meane lord and not of the king himselfe The vassall saith that law is not bound to helpe or to doo seruice to his lord being excommunicate or banished by the king but is in the meane time loosed from his oth offealtie till he be restored by the church or the king Againe all this Feudall lawe being a customarie and vnwritten law and by the tolerance of kings and other souereigne lords ouer warlike nations suffered to growe in vse for the reward and incouragement of those that had valiantlie demeaned themselues in their warres it cannot be credible that the king would permit such a custome to preuaile euen against himselfe whereby he should reteine his owne subiects no longer in their allegiance than it should please another man Moreouer this law had his beginning and speciall increase amongst the Longobards and other such Martiall people before they were conuerted to Christianitie from their Gentilisme which maketh me to thinke that this point of excommunication was added afterward by the compilers of the Feudall law according to the vse of their times for the paritie and equalitie of reason that séemed to be in Banishing with Excommunication But most stronglie is this sense which I haue giuen confirmed by the testimonie of verie good historiographers * Ottho Erisingen lib. 6. cap. 35. chro I doo read and read ouer againe saith one the acts of Romane kings and emperors and I can no where find that any of them was euer excommunicated by the Bishop of Rome till this William king of England was excommunicated by Alexander the second about the yeare of our Lord 1066. And Iohannes Tritenius * Chron. Hirsaug ca. 14. writing of the emperour Henrie the fourth saith thus For which pertinacie he was excommunicated by Gregorie the seuenth and by a synodall decree of Bishops was deposed from the empire although he cared not for it And he is the first of all emperors that was deposed by the pope And another in his chronicles of the yeare 1088. calleth it in a maner an heresie then scarse sproong vp that Presbyteri priests or elders if you will should take vpon them to release the subiects of a king from their oth and allegiance Odo * Sigebertus monachus Gemblacen saith he being first a Cluniake moonke and after Bishop of Hostia was made pope against the emperour and Guibertus Heerevpon offenses in the church and turmoiles of dissention in the common-weale did increase whiles one disagreed from another that is the kingdome from the priesthood Trulie if I may speake with good leaue of those who be good men this plaine noueltie I had
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
without all ryme or reason They expound VVhere which is a worde signifieng place and referred to a place for VVhen which is a worde importing time But had this worde VVhen bene placed in steede of VVhere they might perhaps haue had some cloake for the rayne for so the worde VVhen and the worde Shalt might both haue had relation to the tyme to come Pag. 44 And yet notwithstanding this kinde of speech would haue bene but a harsh kinde of speech namely to say Take thou authoritie to preach when thou shalt haue authoritie to preach coupling the present tense with the future tense the tyme present with the tyme to come applying that to them selues but men which is onely proper and peculiar to the holy Ghost vsing the future tense and the tyme to come for the certaintie of the euent thereof in steade of the present tense and the time present But these words Take thou authoritie to preach the worde to the Congregation in the place where thou shalt be appoynted is a very proper kinde of speech and the words themselues carry with them a naturall sense As if the statute should haue precisely and absolutely sayd thus In what place soeuer thou shalt hereafter be appoynted to execute the office of a Minister thou hast nowe authoritie giuen thee to preach For in case this were not the naturall meaning of the statute they might well forbid the Minister to administer the Sacraments without speciall licence in writing or not to praye or not to fast or not to saye seruice or not to burye the deade and such like But there is more to serue their turnes and to helpe their cause in the law Canon and in the Iniunctions the law Canon being thus QVIA VERO NONNVLLI c. But because some Ex. de hare●●●excom § Quia vero vnder the colour of godlines denying as the Apostle sayth the power thereof challenge vnto themselues authoritie to preach whereas the Apostle sayth Howe shall they preach vnlesse they be sent all they which are forbidden or not sent shall besides authoritie giuen vnto them either from the Apostolike sea or the Catholike Bishop of the place publikely or priuately presume to vsurpe the office of preaching let them be excommunicated and vnlesse they speedily repent let them be punished with some other competent paine Pag. 45 The Iniunction being this Item that they the persons aboue rehearsed shall preach in their owne persons once in euery quarter of the yeare at the least one sermon being licensed specially therevnto Wherevnto I aunswere that this decree and this Iniunction requiring speciall licenses to preach And the Bishop by vertue of the foresayd statute giuing authoritie to preache cannot ●arre much and that one litle wrest will set them in tune their oddes is so small If I say vnto one by word of mouth Syr take here the keye of the gate of my pasture where my grey ambling gelding runneth open the gate bring him out take him to your owne vse I giue him you frankly hath he not as good a title and interest to my horse as if I had made him a bill of sale vnder my hande and seale And hath not the Minister likewise as well a speciall license from a Bishop to preach that is willed openly in the presence of God men and angels as he that hath a speciall license giuen him alone in a corner the one is pronounced solemnly in the middest of the congregation the other is done secretly by a Goose quill Moreouer neither doth the foresayd Canon neither yet the Iniunction require a speciall license in writing to the ende that the Minister should haue power thereby onely to preach For so should you take away the forme and order appointed by act of Parlement whereby authoritie is giuen to a Minister to preach and commit the making of a Minister to the Bishop without a congregation But the ende why a speciall license ought to be had is not so much for the partie himselfe to preach within his owne cure as for them that shall admit him to preach out of his owne cure And that appeareth manifestly by the eight article of the Iniunctions The words are these Also that they shall admit no man within any their cures but such as shall appeare vnto them to be sufficiently licensed therevnto c. And in the ende of this Iniunction it is expresly permitted to euery Minister to preache within his owne sure though he be not specially licensed therevnto Pag. 46 The words are these And that no other be suffered to preach out of his owne cure or parrish then such as shall be licensed as is before expressed Therfore a Minister to preach within his owne cure yea though he haue no license is commaunded In the time of Henry the 4. at what time Wickliffe preached the Gospell the very same lawes were established against him and his brethren to staye the course of the Gospell and yet were neuer any forbidden to preach in their owne parrishes as appeareth by that that followeth Let no man within this Realme or other the Kings dominions presume or take vpon him to preach priuily or apertly without speciall license first obtained of the Ordinary of the same place Curates in their owne parrish Churches and persons heretofore priuiledged and others admitted by the Canon law onely excepted And that no manner of person secular or regular being authorized to preach by the lawes now prescribed or licensed by speciall priuiledge shall take vpon him the office of preaching the word of God or by any meanes preach vnto the Cleargie or Layetie either in the church or without in Latine or English except he first present him self be examined of y● Ordinary of the place where he preacheth and ●o being found a fit person as wel in maners as in knowledge he shal be sent by the sayd Ordinary to some one Church or more as shall be thought expedient by the sayd Ordinary according to the qualitie of the person Nor any person aforesayd shall presume ●o preach except first he giue faithfull signification in due forme of his sending and authoritie that is that he that is authorized doe come in forme appointed him in that behalfe and those that affirme they come by speciall priuiledge doe shew their priuiledge vnto the Parson or Vicar of the place where they preach And those that pretend themselues to be sent by the Ordinarie of the place shall likewise shew the Ordinaries letters made vnto him for that purpose vnder his great seale Pag. 47 Let vs alwaies vnderstand the Curate hauing perpetuitie to be sent of right to the people of his owne cure Furthermore no Cleargy man or Perochians of any parrish or place within our prouince of Canterb shal admit any man to preach within the churches churchyards or other places whatsoeuer except there be first manifest knowledge had of his authoritie priuiledge or sending thither according to the order aforesayd