holy Gospell harboured onely by the Queene the Lords temporall and commons what more playne euidence or better proofe can there be that the Lords spiritual by any necessitie be neither principalls nor accessaries neither branches nor buddes neither hanginges nor sealings nor anie furniture for the house of Parleament And of this opinioÌ„ are the soundest Historians and sincerest Divines of our age In the fifteenth yeere of King Edward Act. Mo. fol. 320. the third saieth Maister Fox divers petitions being put vppe in Parleament against provisions comming from Rome the Kinges answere and agreement was made in forme following viz It is agreed by the Kinge Earles Barons Iustices other wise men of the Realme That the petitions aforesaid be made in sufficient forme of law Where it is to be noted saith he that at the graunt hereof the consent of the Bishoppes is neither named nor expressed with the Lords of Parleament and yet the Parleament standeth in his full force notwithstanding At an other Parleament saith he William Wicham Bishoppe of Winchester Act. Mo. 525. for a slaunderous report savouring of a contumelious lye and proceeding of a subtile zeale meaning falsehoode was so by the Duke of Lancaster pursued that by act of Parleament hee was condemned and depriued of all his temporall goods And this seemeth to haue bin done saith Maister Fox without assent and against the willes of the Lords spirituall for afterwarde at an other Parleament great sute was made by the Cleargie for deliverance of the said Bishoppe and being asked a subsidie in the Kings behalfe with great lamentation they complayned for lacke of their fellow and brother of Winchester and denied to ioyne them selves in anie tractation of anie such matter And in another ParleameÌ„t holden at Yorke in the sixt yeere of King Edward the third all Act. Mo. 519. such lawes as then passed and were coÌ„cluded by the King Barons and Commons were good notwithstandinge the absence or malice of the Lordes spirituall For it is recorded saith he that onlie the Archb. of Yorke the Bishoppe of Lincolne and the Abbottes of Yorke Silby were there present In a booke intituled the burninge of Paules church in London 1561. and in the fift question moved by a papist it is said that this maner of ministration of Sacramentes set foorth in the booke of coÌ„moÌ„ prayers was neuer allowed nor agreed vpon c. no not by the Clergie of Englande at the last Parleament but onlie it was agreed vpon by the Laitie which had nothing a doe with spirituall matters or causes of religion Wherevnto the Reverend Father Maister Pilkington M. PilkingtoÌ„ Bishop of Duresme Bishop of Duresme aunswering was there not saith he a disputation for Religion appointed by the Queenes Maiestie wherein your Clergie was affraid to vtter their foolishnes in defending their superstition least they had taken more shame in answering theÌ„ they did in holding their peace I thinke the Vniversities with so manie places of the Realm receiving religion these other disputing for it may be counted to bee some part of the Clergie of the Realme And so it was not receyued without consent of the Clergie But these were not of the Parleament What then But as Ioash Iosaphat Ezekias and Iosias did not make a new religion but restored that which was defaced had long lien buried so our Parleament did not set forth a new religion but restore that which was godlie begane vnder the good King Edward confirmed by the Parleament and Clergie then c. But nothing can be concluded as a lawe by Parleament say they without consent of the Clergie there present But this havinge not their consent can not be counted a law as they thinke I had rather saith Maister Pilkington leaue this to bee aunswered by the Lawiers then otherwise Yet that the world may see that some thing may be saide in it we graunt him not this to be true that no law at all can be made without consent of Bishoppes Looke your old statutes of Parleament when Bb. were highest afore Edward the third and yee shall reade that they passed by the consent of the Lords temporall and commons without any mencion of the Lords spirituall which statutes many of them stand in strenght at this day Then it may well be gathered that the consent of the Clergy was not alwayes so necessarie as they thinke it The Lawyers Iudges and Iusticeâ—s put in practise execute these lawes therfore their doinges may bee a sufficient reason to lead the vnlearned what opinion they haue of these statutes For Religion except Iustice Raftall first executing that and afterward runing away may condemne the rest which I trust he may not I thinke they would not execute them except they had the strength and nature of lawes If they doe contrarie to their knowledge and opinion they can not bee able to answere their doings but I thinke no wise men are of this opinion Only these corner creepers that dare not shew their face and would deceyue the people goe about to deface all good godly order that displeases them In the dayes of King Edward they had the like fonde opinion that the Kinge could not make lawes in his minoritie vntill he came vnto full age and to make the people to disobey their Prince Hetherto Maister Pilkington Lorde Bishop of Duresme with whom the most worthy learned Maister Iewell late Bishop of Salisburie M. Iewel B. of Salisbury agreeth in every point The wise and learned saith he could haue told you that in the Parleaments of England matters haue evermore vsed to passe not of necessitie by the speciall consent of the Archbishops Bishops as if without them no statute might lawfully be enacted but onely by the more part of voyces yea although the Archb. Bishops were neuer so earnestly bent against it And statutes so passing in Parleaments onely by the voyces of the Lords temporall without the consent and agreement of the Lordes spirituall haue nevertheles bin alwayes coÌ„firmed and ratified by the Royall assent of the Prince and haue bene enacted and published vnder the names of the Lordes spirituall and temporall Read saith he the statutes of K Edward the first there shall ye find that in a ParliameÌ„t holden at St Edmondsbury the Archbishops Bishops were quite shut foorth and yet the Parleament held on and good and profitable lawes were there enacted the departing or absence or malice of the Bishops spirituall notwithstanding In the recordes thereof it is written thus Habito Rex cum suis Baronibus Parliamento Clero excluso statutum est The King keeping a Parleament with his Barons the Clergie that is to say the Archbishops and Bishops beeing shut foorth it was enacted c. In provisione de matrona in the time of King Edward the third whereas matter was moved of bastardy touching the legitimation of bastards borne before mariage the statute passed wholy with
subversion vpō any nation that purely and soundly in place therof hath embraced the holy Sacrament of the Lords Supper It seemeth also to be equal for many ages past that the Bishop of Rome might haue supreame and absolute power over all persons states and causes not only in Rome Italy Spaigne Germany other forraigne Kingdoms but also in England and Scotland But as yet to the view of al the world it hath not proved perilous for the King Queen of England and Scotland to establish new lawes for the alteration of that ancient abuse And why hath it not bene dangerous so to do Why forsooth because there was evident vtilitie in doing of it But how could an evident vtilitie appeare before it was done How Forsooth because the holy law of God had warranted an alteration For faith having eyes to see the wisedom the power and the trueth of God in his word discerned a far of that the institution of the Lords Supper was long before the sacrifice of the masse And therefore our Kings by abandoning popery out of the Realme did not institute any new religion but onely they restored the old Now then if the same holy lawe of God doe condemne the choyce and thrusting of a Pastour vpon the people by one man alone and againe if the same lawe doe impugne the primacie of one Pastour over all Pastours as wel in a Diocesse or Province as in the whole West part of Christendome what daunger can it be not to disfrāchise the one sithence without any maner of danger we haue abolished the other or what perill can it be not to countenance the sonnes sithence without peril we haue discountenanced the father Especially seeing in this place of the admonition we haue a playne cōfession that the common maner of election of Pastors Elders and Deacons in the old Churches was made by the people For if the examples of schisme discord Common manner of elections in the olde churches was by the people contention did commonly appeare in the olde churches while that maner of election did continue then by his owne mouth that maner of election was common and did continue in the olde churches Besides this inconvenience saith he caused Princes Bishops so much to entermedle in this matter From whence it necessarily againe followeth that by the holy Scriptures and law of God Princes and Bishops did not entermedle with that matter at all For had it bin simply lawful for thē to haue Bb. medle not with election of Pastours by the holie Scriptures dealt in those causes by the worde of God thē as well before schisme discord and dissention as afterward yea rather much more before then afterward For then by their own right might Princes and Bishops haue prevented all occasion of schisme and contention and haue so preserved the Church that no tumult or disorder should once haue bin raysed or begun therein Againe if by the lawe of God Princes Bishops had medled in these matters and had not entermedled by humane devise then lawfully by their authoritie alone might they haue chosen Pastours Elders and Deacons in the olde Churches which thing in this place by necessarie inference he denieth For schisme saith he caused thē to entermedle So as by his confession they were but entermedlers and entercommoners by reason of schisme not cōmoners and medlers by vertue of Gods word And yet now a dayes our reverend Bishops in this case are no more entercommoners with Princes and with the people they are no more entermedlers as in olde times they were but they haue now so farre encroched vpon the prerogatiues of the Prince and privileges of the people that neither Prince Bishops encroch vpon the right of prince and people nor people haue any commons in the election of Pastours Elders Deacons with them at all Besides if schisme and contention among the people were the reason why Bishops first entermedled in the choise of Pastours we now having no schisme nor contention about the choise of Pastours by the people and so the cause ceasing why should not the effect likewise cease But this effect is therefore still to be continued because otherwise the cause would a new sprout out and spring vp againe Nay rather inasmuch as for these many yeares we haue had schisme discord dissention because the Bishops wholy and altogether haue medled in the choise of Pastours and haue thrust vpon the people whatsoever Pastours please not the people but pleased themselves haue not suffered the people to medle no not so much as once to entermedle in these matters in as much I say as these things be so it seemeth most expediēt requisite necessarie for the appeasing pacifying of this discord the taking away of this schisme to haue that maner of election which was in the old Churches restored to the people and this wherein the Bishops haue entermedled without authoritie from the worde to be abolished that so againe the cause of schisme and strife which is now among vs ceasing the effect might likewise cease After I had ended this tract in this maner touching this poynt there came into mine handes a booke intituled The perpetuall gouernment of Christes church written by Thomas Bilson Warden of Winchester Colledge in the fifteenth chapter of which booke is handled this question viz to whom the election of Bishoppes and Presbiters doth rightlie belong and whether by Gods lawe the people must elect their Pastours or no. In whiche Chapter also the matter of schisme strife and contention is handled The finall scope and conclusion whereof is as the proposition importeth two fold First cōcerning Bishops then concerning Pastours The quarell taken against Bishoppes doth not so much touch sayth he the office and functions of Bishoppes as it doth the Princes prerogatiue When you rather thinke the Prince may not name her Bishoppes without the consent and election of the people you impugne nor vs but directlie call the Princes fact and her lawes in question As touching this poynt of the proposition because the people by any lawe or custome never chalenged anie right or interest in the choyse of the Kings Bishoppes we haue nothing to medle or to make about the choyse of any of his Kinglie Bishoppes The Kinge only hath power without the people to nominate his Kingly Bb. Nay we confesse as his Highnes progenitours Kings of England haue bin the Soveraigne Donours Founders Lords and Avowes of all the Bishoprickes in England without ayd of the people that so likewise it is a right and interest invested into his Imperiall Crowne that he onely his heyres successours without cōsent of the people ought to haue the free nomination appointment collation investiture and confirmation of all Bishoppes frō time to time to be placed in anie of those Bishoprickes yea we say further that the King alone hath not power onely to nominate collate confirme but also to
An Assertion For true and Christian Church-Policie Wherein certaine politike obiections made against the planting of Pastours and Elders in every Con gregation are sufficientlie aunswered And wherein also sundrie projectes are set downe how the Discipline by Pastors Elders may be planted without any derogation to the Kings Royal prerogatiue any indignitie to the three Estates in Parleament or any greater alteration of the laudable Lawes Statutes or Customes of the Realme then may well be made without damage to the people 1604. An assertion for true Christian Church-Policie Wherein certeine politike obiections made against the plāting of Pastors and Elders in every Congregation are sufficientlie answered And wherein also sundrie proiectes are set downe howe the Discipline by Pastours and Elders may be planted without any derogation to the Kings Royall prerogative c. Admonition THe reason that moueth vs not to like of this platforme of Pag. 77. gouerment is that when we on the one part consider the things that are required to be redressed on the other the state of our countrey people and common weale we see euidently that to plant those things in this Church will draw with it so many and so great alterations of the state of gouerment and of the lawes as the attēpting therof might bring rather the ouerthrow of the Gospell among vs then the end that is desired Assertion The benefit of all exceptions and advantages to the invalidity vncertainty imperfections infufficiēcy of this admonitory bill matters therein conteyned alwayes saued for aunswere to so much as concerneth this clause euerie other clause and article of the bill hereafter following and without that that there is any matter or thing in the same bill or admonition materiall to be aunswered vnto and not herein or hereby sufficiently answered confessed avoyded traversed deemed is true in such manner and forme as in the same is set forth and declared the defendant is ready to aver maintayne and proue his aunswere as shall please the King to award and to commaund And therefore hee most humbly beseecheth the King if it please the King that he haue found favour in his sight that his exceptions may be admitted and reade and that his counsel learned in the law may be heard and suffered to speake This platforme of gouerment intended Booke of com pray tit commination Homil. 2. part of the right vse of the Church Admo pag. whitgift pag. 654. M. Nowell in his cathe M. Calvin M. Iunius looke Petic to her excellent Maie pag. 11. by the admonitor not to bee liked of in this place is that platforme of Church gouernement by Pastours and Elders which the booke of common Prayer the doctrine of the Church of Englande doe highlie commande and which he him self Mr. D. Whitgift now Lord Archbishop of Canturbury verie manie other c reuerend Diuines of our age doe publickely confesse in their writings to haue bene practised by the Apostles and primitiue Church From whence it followeth that the gouerment of the church by Archbishops Bishops Suffraganes Archdeacons Deacons Chancelours Commissaries and Officialls now already planted and liked of was not practised by the Apostles and primitiue Church And therefore for my part I can not but marueile that a disciple of the Apostles doctrine and a successor in the Apostles Chayre should bee drawne by humane reasons not to like of the Apostles gouerment nor to tread in the steps of the primitiue church For seeing the same is acknowledged by himselfe to bee the first way to be the old and ancient way as being the Apostles way why should wee not Iere. 6. 16. walke therein as in the onelie good and perfect way The reuerend Bishops will not deny that the Apostles and primitiue Church for their manner of gouerment had the mind of Christ and that we should follow the Apostles as hauing them for examples because they were the followers of Christ Againe they can not but graunt that the manner of gouerment practised by the Apostles primitiue church is written within the booke of the couenants of grace All which notwithstanding wee see in this place that from the new Testamēt from the articles of grace from the law from the testimony from the example of the Apostles and from the mind of Christ we are addressed and turned ouer to our state of gouerment to our countrey to our people to our common weale and to our lawes But this turning of deuises shall it not be esteemed as the potters Isaiah 29 16. clay But saith he to plant those things in this church which are required to bee redressed might bring rather the ouerthrow of the Gospell then the end that is desired Indeed say I if this might be as soone proued as it was soone said the case might haue gone well with him But this parable is so darke that vnlesse it be opened there is no light at all to be seene in it For hee well knew that in steed of the gouerment practised by the Apostles and primitiue church the iurisdiction of Archbishops Bishops Suffraganes Deacons Archdeacons Chancelours Commissaries and Officials is already planted in this church And he was not ignorant also that the same iurisdiction onely and none other is required to be redressed Now then if request be made that this manner of gouerment bee redressed how can it euidently be seene that to plant that maner of gouerment might bring rather the ouerthrowe of the Gospell then the end that is desired But it may be that hee ment more lightsomely then he spake Yea let it be that he intended thus viz. to vnplant that which is now planted and to plant those things which are yet vnplanted by reason of many and great alterations might bring rather an ouerthrow of the Gospell then the end that is desired well I say be it so that he thus ment How is this thing euidently seene or how can it euidently be proued The best sight that the seruant of Christ can haue is faith For Faith is an euidence of thinges which are not seene Heb. 11. This ouerthrow then of the Gospell not being seene with his bodily eyes must needes be intended to haue bene seene with the eyes of his faith But where is that word of Christ wherevpon the eyes of his faith were fixed If then hee hold no word of faith then of necessitie was his euident sight but an euident fancie And in deed what else could it be For what other thing is there desired to bee planted in this church but onely the Apostolicall gouernement of Christ And what other Gospell could hee euidently see that might bee ouerthrowne by holding foorth this scepter but onlie the Apostolicall doctrine of Christ A merveylous strange and vnkind sight I trow to be seene that the Apostolicall gouerment could no sooner be planted but that the Apostolicall doctrine must needs be rooted vp That Christ by his owne scepter were not
it must with all fester infect and poyson it self All which how vnsavory and void of all sense it is I leaue to the iudgement both of the state and of the Church For who seeth not but that the state of politicke gouerment may wholy alter the state of church gouernement and not so much as alter one least iote of the politicke state of gouerment it selfe Besides since our state of politicke gouerment hath in our dayes and before our eyes repealed verie many old lawes disavowed sundry ancient customes to enterteyne and harbour the Gospell must our state of politicke gouerment no sooner now attempt to repayre certaine breaches made into the vineyarde but it must streight wayes roote vp that whiche it hath planted pull downe that which it hath builded He that diggeth about and dungeth he that spreadeth and pruâ—eth the rootâ— and branches of a tree doeth he not rather quicken then kill the roote and doth he not rather cause the boughes to sprought then the body to wither Can seuen times trying and fining of golde breed a canker in gold or may a riuer be dreyned dry by one who shutteth not but openeth the springs The body of a corpulent and diseased man the more it is purged the more ful of health it is of better constitution And howe then can it be concluded that the Gospell the life soule of the Church can laÌ„guish and giue vp the goast when the Church for the better preservatioÌ„ of her health shal receyue by some new and wholesome lawe some new and wholesome purgatiue receite Moreouer for so much as heere is mention made how the publishers of this booke did consider on the one part of things that were required to be redressed and on the other side of things required to be planted together with the state of our country people and commoÌ„ weale it is playne that their resolutioÌ„ was rather still to coÌ„tinue things amisse in the Church vnredressed then to plant the things required to be planted And alas what a resolution was that among pillers and Fathers for so they wil be counted of the church Especiallie when as the things required to be redressed were required to be redressed at the hands of the whole state of gouernment that is at the haÌ„ds of the Queene the Lords spirituall and temporall and commons in open ParliameÌ„t assembled And could any damage I pray you haue ensued to the state of gouerment to the state of the Queene to the state of our countrey people common weale lawes or to the state of the Gospell if things amisse in the Church had bene redressed and thinges wanting in the Church had bene planted by so high and supreame a power I trow not Nay seeing our country people and commoÌ„ weale not only once and twise thrise but many times haue humbly and earnestlie prayed sollicited in open ParleameÌ„t a redresse of things amisse in the church is it not most evideÌ„t that things were not considered a right but amisse by these fathers of the church and that the coÌ„siderers by keeping things vnplaÌ„ted rather aymed at their owne profit honor and dignitie theÌ„ that our countrey people and common weale should fare the better by hauing things amisse to be redressed The coÌ„siderers then being them selues parties yea such parties as by whom things were caried amisse in the Church and whose defects only were required to be redressed no marveyle I say if they vsed all kinde of artificiall advisement and coÌ„sideration to keepe things still vnplanted by the planting whereof their owne vnfatherlie miscariadges must haue bene reformed On the other side if things required to be planted might in deed be once plaÌ„ted how soeuer happelie our former Church-officers might bee some-what mal-coÌ„tented and discouraged to haue their superfluities pared and the edge of their swords abated yet is there no least cause at all for our countrey people common weale to feare any trouble or hurly burly among vs. For if the hande of God be in Iudah so that he giue the 2 Chron. 30. 12. people one heart to doe the commandment of the King and of the Rulers according to the word of the Lord and if the King the Nobles commons shall condescend agree in one and if their voyces shall be all but as the voyce of one man to allow and approoue that which doeth touch and concerne them all then shall neither the Nobles haue anie occasion to disdaine the commons nor the commons any reason to envie the Nobles Much lesse can the Nobles be at variance with the Nobles nor the commons be at defiance with the Commons For they be all of them so prudent and so prouident as that they will not bite one another least they should be deuoured one of the other And in deed why should any of our Cleargy-Maisters be so voyd of iudgement as to denie the Nobles and Commons after foure and fortie yeeres experience of a most prosperous peace weighting vpon the Gospell to be now growne so vncircumspect and simple vvitted as that a reformation of disorders to be made by their consents in others should bring forth a confusion in them selues What will they bicker one with the other will they beat and buffet one another when there is no cause of disagreement or variance betweene them For they shal be sure to loose neither libertie nor dignitie they shall endanger neither honor nor profite Our Nobles shal be tres-noble still they shal be Princes and Captaines ouer our people They shal be Deputies and Presidentes in our publicke Weale They shal be Peeres and Ancients of the Kingdome their Privileges Prerogatiues PrehemineÌ„ces stiles ensignes and titles of prowesse and honor shall not be raced defaced or diminished But they shall as they may and ought remayne and continue whole and vnviolable both to them and their posterities throughout their generations Our Iudges Iustices and Lawiers shall haue and enioy their authorities credites and reputations as in auncient times They shal be Recorders of our Cities Townes and Boroughes They shal be Stewardes of the Kings Leates and law-dayes Our Knights Esquiers and Gentlemen shall still be Burgeses in Parleaments Conservators of the Kings peace they shal be assistants to examine represse theftes rapines murders roberies riots routs such like insolencies Yea they shall be our Spokes-men and our dayes men to arbitrate and compose strifes and debates betweene neighbour and neighbour Our common people they without disturbance shall quietlie and peaceablie retayne and enioy as in former ages their immunities franchises and liberties as well abroad as at home as well in their houses as in their fieldes They shall possesse their tenancies without ciectioÌ„ they shal be inheritors without expulsion as well to the lawes liberties and customes as to the lands possessions of their Auncestors They shall not be compelled to goe to warefare vppon their owne costes they shall not be tried arraigned
ordinances provinciall or synodall according to the true intent of that act could not still haue bene vsed and executed as they were before if the Bishops had not still remained ordinaries Moreover it is cleare by two statutes that the Archbishops Bishops ought 25. H. 8. c. 20. 25. H. 8. c 16. to be obeyed in all maner of things according to the name title degree and dignitie that they shall bee chosen or presented vnto and that they may doe and execute minister vse and exercise all and euerie thing and thinges touching or perteyning to the office or order of an Archbishop or Bishop with all ensignes tokens and ceremonies therevnto lawfullie belonging as any Archbishop or Bishop might at any time heretofore doe without offending of the prorogatiue Royall of the Crown and the lawes and customes of this Realme Let it be then that by custome canons provintiall and statute law Bishops bee and doe remaine ordinaries yet aswell vppon those words of the statute 25. H. 8. without offending of the prerogatiue Royal as vpon the statute of 1. Eliz. c. 1. there remaineth a scruple and ambiguitie whether it be not hurtfull or derogatorie vnto the Kinges prerogatiue Royall that Ordinaries should vse and exercise their ordinarie power improperly called spirituall without a commission vnder the great Seale or that such their power should be as immoderate and excessiue now as in times past it was by the papall canon law Concerning the first by the statut of 1. Eliz. c. 1. and by the statute of 8. Eliz. c. 1. the Queene was recognized to be in effect the Ordinarie The Queen was supreme ordinarie of ordinaries of Ordinaries that is the chief supream and Souveraigne ordinarie over all persons in all causes aswell ecclesiasticall as temporall Where it seemeth to followe that all the branches streames aswell of that power which improperlie is called spirituall as of that power which properly is called temporal should haue bene derived originally vnto the Bishop from her Highnes person as from the onlie head fountaine of all the same spiritual power within her Kingdomes in such maner and from and by such commission vnder the great Seale as her H. temporal Officers Iusticers Iudges had their authorities committed vnto them And to this opinion Maister D. Bilson seemeth to accord For all power Pag. 348 saith he is not onely committed to the sword which God hath authorised but is wholie closed in the sword Against the head that it shall not be head to rule and guide the feete can be no prescription by reason Gods ordinance for the head to governe the bodie is a perpetual and eternall law and the vsurpation of the members against it is no prescription but a confusion and the subuersion of that order which the God of heaven hath immutably decreed and setled Besides there resteth saith the Remonstrance Pag. 114. 130. vnto the Bishops of this Realm none other but subordinate delegate authoritie and that the matter heads wherein their iurisdiction is occupied are by and from the Christian Magistrats authoritie In whom as supream Governour all iurisdiction within her dominions aswell ecclesiastical as civill by Gods and mans law is invested and their authoritie ecclesiastical is but subordinat vnder God the Prince derived for the most part from the Prince From which two statutes iudgements of the 1. Eliza. c. 1 8. Eliz. c. 1 Governours of the Church conteined in these two bookes for these two bookes were seene allowed by the Governors of the church I leaue it to be coÌ„sidered if the Bishop did exercise the same improper and abusive spirituall power and iurisdiction ecclesiasticall onelie and alonelie in their owne names stiles and dignities and vnder their owne seales of office that also by authoritie of forraigne and papall lawes if I say the Bishop did these things after this this manner I leaue it then to be considered whether their exercise of such power were derogatorie and preiudiciall in a very high degree to the prerogatiues of the Royall Crown or not For my part because I find by the forraigne canon lawe that papall Bishops be the Popes sonnes and are privileged to carry the the print image of the Pope their father namely that they haue plenitudinen potestatis within their diocesses as the Ex de Maior oâ—â— Pope pretendeth to have power over the whole worlde For quilibet ordinarius saith the same law in sua diocaesi est maior quolibet principe and because also not withstanding what socuer the Bb. haue written that they were the Queenes Bb. and had their authoritie derived vnto M. Bilson pag. 330. them from the Queene they did in her life time put the same papall law in execution by the same law did take vpon them plenitudinem potestatis within their Diocesses I for my part I say can not as yet otherwise conceyue but that exceedinglie they did intrude them selues into the Royall preheminences priviledges prerogatiues of the Queene For by what other authoritie then by a certain plenarie power did they in their owne names for the gouernment of the The Bb. by a plenarie power devised promulged new canons with out the Queens assent seuerall Churches within their seuerall Diocesses from time to time make promulge and by vertue of mens corporall oathes put in execution what new Canons Iniunctions and articles soever seemed good vnto them without any licence or coÌ„firmation from the Queene first had and obteyned therevnto By which pretensed plenarie power it seemeth that the statute made to bring the Cleargie in submission to the King was covertlie deluded and our late Soveraigne Ladie the Queene cunningly bereaved of that regall authoritie over euerie partieular Diocesan or Ordinarie which notwithstanding by the Parleament was giuen vnto her Highnes over the whole body and state of the Clergie For if once there be no necessitie of the Kings licence assent or confirmation to such articles canons or iniunctions as euerie ordinarie shall make within his iurisdiction then must it bee intended that the statute of submission hath covertlie permitred severall members severally to doe to execute those things which apparantly in expresse termes the whole convocation was commaunded and with the same in verbo sacerdotij had promised not to doe then the which what can seeme more vnreasonable and absurd For then might all the Ordinaries ioyne hand in hand and agree all togither in one never in anie of their convocations assembled by the Kinges writt to devise make or promulge any canons Ecclesiasticall at all And what assent licence or confirmation from the King could then bee needfull Or how then was the Cleargie brought in submission to the King For then should it not be with them as it is in the proverbe A threefold coard is not easilie brokeÌ„ but then should it be with them contrarie to the proverbe for
if it may please him so to provide by Parleament may giue remedie vnto complaynants by writts out of the Chancerie and that complaints in such cases may effectuallie be redressed vpon such writts in the Kings Courts And if also sundrie matters of Tythes Testaments and Mariages be alreadie handled in the Kinges Courts if these things I say be so and so may be then with litle reason did the Admonitor warne vs that a verie great alteration of the common law must follow and that it will be no small matter to applie these things to the temporall law But the antecedent is true as hath bene alreadie shewed Therefore the consequent is true Admonition Iudgementes also of adulterie slauÌ„der c. are in these mens iudgmentes Pag. 78. mere temporall and therefore to be dealt in by the temporall Magistrate onely Assertion We are in deed of this iudgemeÌ„t that in regard of the Kinges Royall Office these iudgements of adultrie and other criminall causes comprised within this clause c. ought no more to be exempted from the Kings temporall Courtes then matters of theft murther treason and such like ought to be And for the mayntenance of our iudgementes wee affirme that there is no crime or offeÌ„ce of what nature or qualitie soever respecting any commaundement conteyned within either of the two tables of the holie law of God if the same bee nowe corrigible by spirituall power but that some fault and contempt one or other of the like nature and qualitie as comprised vnder the same commandement hath bene evermore and is now punishable by the Kings Regall and temporal iurisdiction For adulterie as the same is to be censured by penance in the Ecclesiasticall Courtes so is ravishment also buggerie sodomie to be punished in the Kings Court by payne of death And as hath bene accustomed that Ordinaries by ceÌ„sures of the Church may correct fornicators so fornication also as in some bookes written of the common lawe is reported hath bene in times passed presented and punished in leetes and Law-dayes in divers places of the Realme by the name of Letherwhyte whiche is as the booke saieth an auncient Saxon terme And the Lord of the Leete where it hath bene presented hath euer had a fyne for the same offence By the statute of those that be borne beyond the Seas 25. Ed 3. it appeareth that the Kinge hath cognizance of fome bastardie And nowe in most cases of bastardie if not in all by the statute of Eliza. the reputed father of a bastard borne is lyable to bee punished at the discretion of the Iustices of peace Touching periurie if a man loose his action by a false verdict in plea of land Periurie if punishable temporallie in some cases why not in all he shall haue an attaynt in the Kinges Court to punish the periurie and to reforme the falsitie And by divers statutes it appeareth that the Kings teÌ„porall Officers may punish periurie committed in the Kings teÌ„poral Courtes And though it be true that such periurie as hath risen vpon causes reputed spirituall haue bene in times past punished onlie by ecclesiasticall power and censures of the Church yet herevpon it followeth not that the periurie it selfe is a meere spirituall and not a temporall crime or matter or that the same might not to be civillie punished By a statute of Westminster 25. Ed. 3. it was accorded that the King his Vsurie heyres shall have the cognizance of the vsurers dead and that the Ordinaries haue cognizance of vsurers on lyfe to make compulsion by censures of the Church for sinne and to make restitution of the vsuries taken against the lawes of holy church And by another statute it is provided that vsuries shall 20. H. 3. c. 5. not turne against any being within age after the time of the death of his Auncestoure vntill his full age But the vsurie with the principall debt which was before the death of his Auncestor did remayne and turne against the heyre And because all vsurie being forbidden by the law of God is sinne detestable 13. Eliz. c. 8. it was enacted that all vsurie lone and forbearing of money c. giving dayes c. shall be punished according to the forme of that Act. And that everie such offendor shal also be punished corrected according to the Eccle. lawes before that tyme made against vsurie By al which statutes it seemeth that the cognizance reformatioÌ„ of vsurie by the lawes of the Realm partayneth onlie to the Kinge vnles the King by his lawe permit the Church to correct the same by the censures of the church as a sinne committed against the holy law of God Touching heresies and schismes albeit the Bishoppes by their Episcopall Heresies schismes are punishable by the Kings lawes and ordinarie spirituall power grouÌ„ded vpon canon lawe or an evill custome have vsed by definitive senteÌ„ce pronouÌ„ced in their Consistories to condemne men for heretickes and schismatickes and afterward being condemned to deliver them to the seculer power to suffer the paynes of death as though the King being custos vtriusque tabulae had not power by his Kinglie office to enquire of heresie to condemne an hereticke to put him to death vnlesse he were first condemned delivered into his hands by their spirituall power although this hath bene I say the vse in England yet by the statutes of Richard the second Henrie the fift it was lawfull for the Kings Iudges and Iustices to enquire of heresies and Lollardes in Leetes Sherifes turnes and in Lawdayes and also in Sessions of the peace Yea the King by the common law of the Realme revived 25. H. 5. c. 14. by an Act of Parleament which before by the Statute of Henrie the fourth was altered may pardon a man condemned for heresie yea and if it should come to passe that any heresies or schismes should arise in the Church of Englande the Kinge by the lawes of the Realme and by his Supreame Soveraigne power with his Parleament may correct redresse and reforme all such defaultes and enormities Yea further the King and his Parleament with consent of the Cleargie in their Convocation 1. Eliz. ca. 〈◊〉 hath power to determine what is heresie and what is not heresie If then it might please the King to haue it enacted by Parleament that they which opiniativelie and obstinatelie hold defende 1 Eliz 〈◊〉 1. and publish any opinions which according to an Act of Parleament alreadie made haue bene or may bee ordered or adiudged to be heresies should be heretickes and felons and their heresies If it please the Kinge heretickes may bee adiudged felons and hereâ—ies felonies to be felonies and that the same heretickes and felons for the same their heresies and felonies beeing araigned convicted and adiudged by the course of the common law as other felons are should for the same their heresies felonies suffer the paynes of death
be continued but to continue evill And what a thing were that This argument then for lawes setled being the sophisme of that Fox Steven Gardener is but a quarelsome and wrangling argument Admonition If this goverment whereof they Pag. 7◠speake be as they say necessarie in all places then must they haue of necessitie in everie particular parish one Pastor a companie of Seniors and a Deacon or two at the least al those to be found of the parish because they must leaue their occupations to attende vpon the matters of the Church But there are a number of Parishes in England not able to finde one tollerable Minister much lesse to find such a companie Assertion This argument seemeth to be drawne from kitchin profite and is but a bugbegger to scarr covetous men from submitting their neckes vnto the yoke of that holy Discipline which our Savior Christ hath prescribed and which the Admonitor himselfe confesseth to haue bene practised by the Apostles and primitive Church And yet because this argument seemeth to lay a very heavie burden on mens shoulders such as is impossible to be borne it is an argumēt That Seniours Deacons should be found at the charge of the Parish is absurd worthy to bee examined though in it selfe the same be very vntrue absurd For who did ever fancie that a Pastour a company of Seniours and a Deacon or two at the least should be men of occupations or that they should be all found of the parish because they must leaue their occupations to attend vpon the matters of the Church Why there be many hūdreths of parishes in England wherein there dwelleth not one man of an occupation And what reason then or likelihood of reason was there to father such an absurd necessitie vpon the Church As for the necessitie of having one Pastour in every particular parish and of his finding by the parish because it is his duety to attend vpon reading exhortation doctrine although he be no man of occupation this I say is agreable consonant to the goverment of the church practised by the Bishops And therefore in the finding having of one Pastour in every parish they and we differ not But that men of occupations onelie should bee chosen Seniours and Deacons in every parish or if Seniours and Deacons were men of occupations in any parish that they should bee all found of the parish wee vtterly disclayme as an absurditie of absurdities And yet wee deny not but in Cities and great Townes wherin for the most part men of trade do inhabite that Seniours Deacons must of necessitie be men of occupations Vnlesse then an occupation must of necessitie hinder men from being faithfull religious godly men there is no reason to inforce that mē of occupations in Cities and great townes should not be chosen Seniors and Deacons And as for Countrey parishes What kinde of mē ought to be chosen Seniours Deacons wherein either verie fewe or no men of occupations doe reside this obiection is altogether idle In which parishes also we affirme that men of greatest gravitie integritie wisedome faith and godlines ought to be chosen Seniours and Deacons And we doubt not but all such men as whom we intend ought to bee chosen Seniours and Deacons whether dwelling in Cities Townes or in the Coūtrey would be as readie as willing and as watchfull prudentlie to imploy them selues hereafter in matters of the Church as now either them selues or their equalles are busied in matters of their corporations or common weale without anie maner of contribution to be yeelded towards their finding When the people of Israell were commanded to pay their tythes first fruites and other oblations vnto the Priestes Levites for their attendance and service in the Sāctuarie we doe not reade in the whole booke of God that they were inioyned to be helpers and cōtributors to the reliefe and sustentation of the Captaynes over thousands of the Captaines over hundreds nor of the Elders Governours placed Citie by Citie for the affaires of the King And therefore sithence we haue neither precept nor president that all the officers of the church should bee founde at the costes of the Church and sithence also as well in Coūtrey parishes as in Cities townes to the prayse and glorie of God be it spoken we haue many able wealthie substantiall persons who haue giuen their names vnto Christ what necessitie is there that any such Seniours and Deacons should be elected as haue need to be relieved and supported by a common purse And had the Admonitor wel and advisedlie pōdered that our Church Church wardens side men are not found at the chardges of the parishes Wardens side men who carie a semblance of governing Seniours that our collectors also for the poore who iustle out the Deacons being all of them men of occupations poore husbandmen or day labourers and being not founde of the parish are notwithstandinge oftentimes in the yere troubled and turmoyled from one end of the Diocesse vnto the other and that which is more from attendance vpon their day labour husbandrie and occupations to weight and to attend not vpō matters of the church but vpon money matters perteyning to the officers of the Bb. Consistorie Had he I say wiselie and sincerelie considered these things he would certeinlie not once haue mencioned this so sillie and simple a suggestion But quite cleane to cutt of at one blow all the skirtes of the coat of this sillie bulbegger that the verie buttockes of it may bee bare and that the church may see there is no such burdensome charge to bee layde vpon her as is feyned the graue and godlie iudgement and policie of King Edward The iudgemēt of King Ed. the sixt cōmissioners touching Elders and Deacons the sixt his Commissioners authorized to compile a booke for the reformatiō of lawes ecclesiasticall according to an Act of Parleament in that behalfe provided shall rise vp for vs and pleade the trueth and equitie of this our sayinges The Commissioners names were these viz. The most reverend Father Thomas Crammer Archbishoppe of Canterburie Thomas Bishoppe of Ely Richard Cox the Kings Almoner Peter Martyr professor of Divinitie William May Rowland Taylor Doctors of the Lawe Sir Iohn Cheeke Iohn Lucas Richard Goddericke Maister Hadon and others All Titul de diuiois officijs cap. 10. fol. 45. which reverend learned and religious men as with one voyce accord speak one thing so thus and thus they speake Evening prayer being finished wherevnto all shal be attēdant after sermon in their owne Churches the chief minister whom they call Parochies and the Deacon if happely they shal be present or they being absent let the Ministers Vicars and Elders lo the Archb. of of Cāterburie afterwards a godlie Martyr and Bishoppes can skill of the name of Deacon and Elders with the people conferr about the money put apart to
then what force is my Lo. of Ca. iudgement who supposeth it vnlawfull for the Church to excommunicate a Prince to bee against him selfe for in the 137. page he telleth vs that happely it may be a fault yea a great fault that is found with the Bishops in these dayes that they doe not excommunicate the Prince and Rulers and so constraine them to doe that which by perswasion they will not doe If then excommunication bee so terrible to Princes and Rulers howe should it bee of so light accompt with subiects And if it bee so powerfull as it can constraine Princes and Rulers to do their duties how much more fearefull would it be to compell inferiours and men of low estate to liue soberly in their vocations I will not here debate the matter touching the excommunication of Princes Rulers much lesse touching the excommunication of the Prince and Rulers of our lande But I would gladly bee informed what they were or who they be that found great fault with the Bishoppes in these dayes for not endeavouring to excoÌ„municate the Prince and Governours The Papists they thinke it sufficient that the Prince and Governours be excommunicated by the Pope his Clergie The Ministers and people professing the Gospell and seeking for reformation of excommunication deny the Bishops to haue any divine power granted by the word of God to excommunicate a private man much lesse doe they thinke it lawful for them to excommunicate the Prince and Rulers Who then I say find fault with the Bishoppes that they doe not excommunicate the Prince and Governours and so constraine them to doe that which by perswasion they will not do For my part I caÌ„ not guesse whom he should meane vnlesse he ment to giue vs to vnderstand that some Prelatists haue consulted about the excommunicating both Prince Governors for not making sharper lawes against such as whom the Prelates and their favourits haue falsly slaundered to be pestilent fellowes movers of sedition enemies to Caesar troublers and subverters Act. 24 5. Act 1. 16. 20. 17. 6. of the state puritanes and I whot nâ—t what chiefe mainteyners of the sect of the disciplinarians vnlesse I say hee should minde some such Prelatists I can not guesse any subiects within the land to be so vndutifull as to find fault with the Bishops for not attempting to bring our late Soveraigne Ladie the Queene deceased to theit excoÌ„munication And therefore to enforme the people of an Author and not to bring him foorth it argueth breadeth great suspicion that the enformer was the author himselfe Touching the loosenesse of some or of all in these dayes that are without the ExcommunicatioÌ„ toucheth them only which make professâ—on to be of the church Church if hee intend that they require discipline of sharper lawes by punishment of body and losse of goodes then excommunication and that they will more feare that maner of punishment I hold and affirme therein as he holdeth and affirmeth and yet I say that to the matter in question he hath fitted no other answer then as if he had answered a poke full of plummes or a buchet ful of peares for the controversie is not concerning those that are without but concerning those that are within not touching those that are not of the house-hold but touching them that are of the house-hold of faith and of God As for the first sort of which people the reverend Bishoppes with good leaue may procure what sharpe punishment they can devise for by the Church excommunicated they should never bee For how should any be thrust from the communion of the Church who neuer were in communion with the Church But it is to be feared that this sharpnes of punishment is not vrged so much to be inflicted vpon them that are without as vpon them that are within the bosome of the Church For though such as be without did a long time scorne sett naught by the sworde of excommunication whiche was not onely drawne out by the Chauncelours Commissaries and Officialls for every crust of bread and for every piece of bacon but also which was agayne put vpp for everie cracked grote and for everie Irish harper the reverend Bb. whose freehold by such coÌ„tempt was not touched were pacified and contented them selues well ynough by inflicting and releasing that manner of punishment but now for so much as they perceyue the children within the church to beginne seriously and religiouslie to stande against the vse of Lordlie and humane censures for the Crown Scepter of our Savior Christ and that the statelines of Prelacie must be taken one hole lower if the simplicitie of the holy ministerie bee exalted a degree higher they pretend Discipline by excoÌ„munication which is the sword of the sonne and heire of God to be too bluntlie pointed and too badlie edged to foyne or to strike withall Touching that very good manner of Discipline by the Ecclesiasticall commission which he saith hath done and doth daylie much good and would doe more if it were more common the people whom hee admonisheth haue iust cause of being desirous to vnderstande what manner of Discipline it is whiche Not one manner of Discipline vsâ—d by the ecclesiasticall coÌ„missioners is so highlie commended For all men know that the ecclesiastical commissioners vse not in all places and at all times one and the selfe same manner of Discipline For the same Commissioners for the same kinde of offences sometimes suspend sometimes depriue sometimes degrade sometimes excommunicate sometimes fine sometimes imprison sometimes commaund this penance sometimes that Nay sometimes having convented before them graue learned and godly Ministers for crimes supposed This Discipline was practised against maister Cartwhright Fenner Whight L. 〈◊〉 and others to be Ecclesiasticall for the same pretensed Ecclesiastical offences having deteyned them some yeares in durance for refusall of the oath ex officio in the end not having any other supposed iust cause of inflicting any punishment vpoÌ„ them by ecclesiasticall authoritie haue bin forced for a shewe to mainteyne their owne credites to cause accusations to be framed against theÌ„ by the Quenes Attourney in the high Court of Star-chamber as against violators of the dignities of the Royall Crowne whose innocencies by the verie witnesses produced by their meanes on the behalfe of the Queene haue notwithstanding bin fullie cleared from the faultes obiected and the Ministers discharged without any ordinarie punishment vsually infflicted by that Court vppon malefactours Nay further when the Ecclesiasticall Ecclesiastic discipline vsed by the high Commissioners against Ma. Vdall Commissioners had committed Maister Vdall to prison where hee remayned halfe a yeare for refusall of the oath ex officio touchinge his knowledge of the Author of a booke entituled The Demonstration in the end he was deliuered over as a fellon for makinge of the same booke and for the which hee was arayned and convicted and so died in prison
shall bee intreated so that the man be amended who hath caried himselfe outragiously both in that and other thinges And so referring the whole matter to your graces discretion I take my leaue praying God to blesse vs in the peace of the Church From c. the 17. of October c. Your gra most assured in Christ c. Whatsouer speciall cause might moue these two great Prelates to stand eyther of them for the defence of his kinsmā is not a thing materiall to this treatise But this honestly inough may be averred that it was no very good or moderate kind of ecclesiasticall discipline eyther for the Archb. and his associates in regard of his kinsman presented to a benefice by the gentlemā to cancell the articles of his colleague fellow commissioners or for the Bb. vpon a splene taken against the gentleman for standing vpon the right of his patronage against his kinsman to violate the publicke orders of the high cōmissioners wherevnto he him selfe had subscribed Many other formes of ecclesiasticall discipline of late yeares haue bene vsed by the high cōmissioners But whether they were all very good and moderate disciplines or no is greatly doubted by many wise learned and godly men And namely it is doubted whether such ecclesiasticall cōmissioners as by letters patents vnder the great Seale of England were authorised from the Queene to exercise vse occupie and execute all manner of iurisdictions priviledges preheminences concerning any spirituall or ecclesiasticall iurisdiction bee able to prooue vnto the Realme that they had lawfull power and authoritie by the statute of 1. Eliz. c. 1. or by the Queenes letters patents made according to the true intent of that statute or by any other lawe or statute of the Realme to depute and substitute any other person vnder them to vse exercise and execute any part of that iurisdiction ecclesiastical which by vertue of that statute letters patentes was cōmitted onlie to their fidelities discretions And whether it were a very good maner of ecclesiast discipline which was vsed exercised executed eyther by the person so deputed or by the Cōmissioners them selues vpon any processe or proceedings made by the said person substituted Agayne it is doubted whether it were a good manner of ecclesiasticall discipline for Ecclesiasticall discipline against the Magistrats of Banbury the high Commissioners to commaund the Magistrats of the Town of Banbury at the suite of certaine Popish companions to reset vp a Crosse which by vertue of the Queenes iniunctions they had peaceably and lawfully pulled downe It is also doubted whether it were a very good maner of Ecclesiasticall discipline for the high Commissioners to deteyne Maister More one yeare or two in prison depriving him also from his living for his cōfident asseveration that William Sommers with divers others in Lanchashire were possessed and that Maister Dorrell was not an impostor The occasion of the Admonitors great commendation of a very good maner of ecclesiastical discipline vsed by the high Cōmissioners hath necessarily drawen me to shew the differences of the disciplines vsed by the same To the intent the Kinges Highnes might be pleased with the advise of his Parleament to cōsult whether it were not more agreeable to the good lawes statutes and customes of the Realme and more convenient for the good governement of the Church to haue one certeyne forme rule of ecclesiasticall discipline to bee established and to be vsed by the high Commissioners rather then thus at randome to suffer their onely discretion to be the Mistres of all maner of ecclesiasticall discipline especially sithence without any maner of appeale or supplication to be made frō them vnto the King they vse what manner of discipline soever seemeth good in their owne eyes whether moderate or immoderate civill or ecclesiastical without checke or controlement Then the which there can not seeme any thing more preiudiciall and burdensome vnto the people Admonition Furthermore their whole drift as it may seeme is to bring the goverment Pag. 82. of the church to a Democracie or Aristocracie the principles reasons whereof if they be made once by experience familiar in the minds of the common people and that they haue the sence and feeling of them it is greatly to bee feared that they will very easely transferre the same to the gouerment of the common weale For by the same reasons they shall bee induced to thinke that they haue iniury if they haue not as much to doe in civill matters as they haue in matters of the Church seeing they also touch their commoditie and benefit temporally as the other doeth spiritually and what hereof may follow I leaue to the iudgement of other Assertion Let it be graunted that their whole drift is to bring the government of the Church to that manner of government which the learned cal Aristocracie what incommoditie should the Church or cōmon weale receyur by such a govermēt when as the same goverment is not onlie authorised by the holy lawe of God but also commended vnto vs by the desires Book of cōmon prayer title cōmunation and cōfirmed by 5. and 6. Ed. 6. c. 1. prim Eliz. c. 2. 8. Eliz. c. 1. Aristocracie in the church not hurtfull to the common wealth and wishes of sundrie Actes of Parleaments For sayth the booke of common prayer the Discipline of the primitiue church is greatly to be wished Aristocracie therefore and the discipline of the primitiue Church differing but in name and not in nature it can not bee hurtfull to the common weale that the principles and reasons thereof should by experiēce be made familiar in the minds of the common people nay it can not but be beneficial vnto the cōmon weale when the same shal vnderstand that the best observers of the law of God the best friendes vnto God and his people are to bee the Officers in the house of God Neyther is their whole drift to be disliked but to be commended that labour to bringe the government of the church from a Papal Prelacie to a christian Aristocracie the one viz. Aristocracie Aristocracie in the Church optimarum Prelacia pessimarum potestas accordinge to the interpretation of the name thereof being optimatum potestas a power of the best observers of the lawe the other viz. Prelacie according to their practise being pessimatum potestas a power of the worst observers of the law the first derived from the law of God practise of Gods people the other deduced from the lawes and customes of the Gentiles and idolatrous Priestes And this of necessitie in defence of the trueth the Admonitors argument forceth me to speake for by an implicatiō of the dislike of bringing the government of the Churches by Pastors and Elders to a Democracie or Aristocracie he hath by consequence disclaymed and disavowed the goverment of the Church by Prelacie to be anie of those two And what other government then
should we think Prelacie to be but eyther Oligarchie or Tyrannie For neither Monarchie may it be neyther Pollicie Prelacie either Oligarchie or tyrannie or polliticall estate can it be and other kinde of government besides these there is not anie For my part I more charitably iudge of the government of the Church by Prelacie then to match it with Tyrannie And although the Admonitor and the Pervsers and allowers of his booke were men in their generation wise yet had they well weighed the nature of the goverment of Oligarchie they would rather in this argumēt haue bin silent then vpon disclayme of Democracie and Aristocracie goverments both of them commendable in their kinde haue cast the commendation of their owne goverment of the Church by Prelacie to so desperat an estate as is the estate of Oligarchie Wherein if any doe glorie because not many of the best but some fewe of the wealthiest and richest sort doe governe then lett him hearken and cōsider what long since was preached before Pope Vrban the fifte by Act. Mo. one Nicolas Orem a man singularly commended for learning in his time Nicholas Orem his opinion of Oligarchie Amongst all the regiments of the Gentiles none saith he is more to be found wherein is to bee seene so great and exceeding ods thē in the policie of Priests Amongst whom one is drunken another is sterved amongst whom some be so high that they exceed all Nobles Princes of the Earth some againe be so abased that they are vnder all rascalls and such a common weath saith hee may well bee called Oligarchie But Thomas Aquinas he seemeth to set the discommodities of Oligarchie a pinne Thomas Aquinas what hee thinketh of Oligarchie higher for saith hee as a Kingdome hath in it the commodities of all other good regiments of Aristocracie that the Noblest and chiefest persons among Aristocracie a good regiment the people be taken to Councell of Policie or politicall estate where an assemblie of all estates is had whē the very best of all sorts are chosen to consult and deliberate of the publique weale so doeth Tyrannie conteine and hath in it all incommodities and vices of all naughtie corrupt regiments of Oligarchie it borroweth that the most wicked Oligarchie a corrupt regiment corruptest men be Counsaylors that as it were a route of Tyrants doe govverne The reasons and pillers of which Oligarchie are immoderatnes excessivenes disparitie and inequalitie passing and beyond all meane and measure Now if our reverend Bb. shall shew them selues to bee mal-contented with mee as though out of the opinions of these learned men I would gather that the governement of the Church by Prelacie is one of the corruptest governements I am to desire them to haue patience vntill they shall plainly demonstrate vnto vs that the same is not Oligarchie For if hereafter they shall revoke their former disgraceful iudgmēts against the discipline by Pastors and Elders conteyning in it the very nature of true Aristocracie and withall instruct vs better of the true nature of their own governement of the Church by Prelacie they shall finde vs plyable to their opinion so that it be grounded vpon the principles and reasons of trueth In the meane season after the fashion of the Admonitors maner of admonishing the people wee most humbly beseech the King and Parleament to bee enformed that it is greatly to be feared if Prelacie be Oligarchie that the Prelates will endevour It is to bee feared least by the exāple of Prelates Oligarchie bee brought in the common weale to transferre that maner of goverment frō the Church vnto the common weale And that the cōmon weale shall as miserably be rent torne with factions vproares as now the church is disquieted by schismes and divisions For if only a few of the richest and welthiest sort shal get an head and beare all the sway in the cōmon weale they shall thinke by the principles and reasons of Oligarchie that they haue iniury if they haue not as much to do in civil matters as the Prelats haue to doe in the matters of the Church And what hereof may follow as the Admonitor leaveth so doe I also leaue it to the iudgement of other Onelie if the way hereof alreadie hath bin troden out vnto them by some who A caueat against Oligarchie haue not written nor spoken but yet practised the principles and reasons of Oligarchie in the common weale onelie then this I say and adde as a caveat that the daunger to come is more heedefully to be prevēted For like as in good harmonie to make the Musike perfaict is required a moderate proportionate inequalitie of voyces which if it too much exceed taketh away all the sweet melodie so by too much immoderate inequalitie or disparitie of Citizens the common weale falleth to ruine But why may not the governement of the The gouerment of the Church by Prelacie is not Monarchicall Church by Prelacie be a Princely and a Royall governement In deed this question if it should be resolued by the rules and principles of the canon law I could hardly disproue that government to be Princelike for as hath bin saide before quilibet Ordinarius in sua Diocoesi est maior quolibet Principe Yea and every Bishop by the same lawe hath as absolute a spirituall power within his Diocesse as a Kinge hath a temporall power within his Kingdome But because that law with the rules principles thereof is or ought to be discarded out of this Kingdome we will not wade in it Only we say that the governement of the Church by Prelacie cannot bee any kinde of Royall and Monarchicall governement because Prelates haue not like power spirituall as Kings and Monarches haue power rēporall For there was never yet lex regia de Prelatorum spirituali imperio lata qua Prelatis Institut de iure natur gent ci § Sed quod in eos omne imperium suum potestatem aut Deus aut populus Dei contulerit And therfore where the people haue made the fore said regall law as there it is iustly said quodcunque Imperator per epistolam constituit vel cognoscens decreuit vel edicto praecepit legem esse constat and quod Principi placuit legis habet vigorem So likewise where there is no such regall law made in the church there it is as iustly affirmed quod Prelato placuit legis non habei vigorem quodcunque Prelatus per epistolam constituit cognoscens decrevit vel canone praecepit legem non esse constat And then how can every Prelate or why doth everie Prelate by his sole authoritie inioyne canons articles iniunctions and orders to be observed as lawes in all the Churches of his iurisdiction If the Admonitor supposed the governement If the gouvernment of the Church by Prelacie bee Monarchicall thē may the government by Pastors be