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
the clearkes attendant about the Bishop or else tried by the good testimonie of the people And another * Glain conullus dest 24. glosse gathereth thus Heere you haue a proofe that the testimonie of the people is equiualent vnto examination wherevpon we may note that it is sometimes sufficient for a clearke that is to be ordered if he be of good fame Which may also appeare * c. de Petro dist 47. pag. 70. dist 75. c. 2. ordinatiâ—nes hereby that such as be knowne are not to be examined but those that are unknowne The second allegation which onelie speaketh of the presence of manie by-standers is not aright quoted for the number of the page as it is in some prints is taken by him for the number of the distinction The fift allegation also left by him without quotation but taken indéed out of the chapter Vota 63. dist speaketh no further than of requests and testimonie of the people to be had in this action and leaueth the election onelie to the cleargie To which also agréeeth that * c. non lice dist 63. canon which saith It is not lawfull for the people to make election of such as are to be promoted to priesthood but let it be referred to the iudgement of the Bishops that they may trie whether such is taught in word in faith and spirituall conuersation And here vpon is inferred this By all these authorities laie men are excluded from choosing of priests and a necessitie of obeieng and not a libertie of commanding is inioined And the * Gl. ibidem ver contra c. nosse c. â—â—m nossed glosse reconciling other places which in shew séeme repugnant to this saith It is to be holden that laie men ought to be present not to elect but to yeeld consent His third and fourth allegation go something further and doo require the assent and allowance of the citizens The former of them is left without quotation the second our author hath a little helped as crastie companions doo true dice by translating Conniuentiam testimonium ciuium The allowance and good liking of the citizens Whereas in truth Conniuentia is when a man séeth well inough what is done and is content not to oppose himselfe but to winke at it and by Testimonie as was afore shewed foorth of the glosse is nothing else vnderstood but a good name and report amongst men And where he vpon these dooth strait-waies leape for a conclusion That these texts and manie other mo doo all affirme that elections and ordinations must be made by citizens in the first place And priests or clarkes in the plurall number and willeth vs to Note it we must tell him that he leapeth short and that we note Quò haec not a non valet For he manifestlie herein falsifieth his owne allegations which all doo referre the ordaining to the Bishop but with assent or this or that allowance of some others And I thinke in the proper and most vsuall signification of ordination and imposition of hands it is not to be shewed that any laie man had euer anie intermedling therewith which some of their chéefest 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 doo also grant And where in the sixt place by waie of preoccupation he goeth about to prooue that These are not spoken of the cheefe priest of euerie diocesse which is the Bishop though it be not denied by any yet assuredlie the place whereby he would prooue it is onelie to be understood of the Bishop and the canon is thus He shall be no priest hencefoorth whome neither cleargie nor the people of his owne citie dooth choose But he thought to prouide saselie for himselfe herein not to be espied and therefore quoteth the 64. distinction c. qui in aliquo §. sed nec ille dist 51. in stéed of 51. and the Chapter Si fortè which is not there to be found The summarie gathered vpon the said chapter Qui in aliquo the glosse throughout yea and the whole chapter requiring the age and other qualities peculiarlie by the canons looked for in Bishops and the word Episcopus there vsed doo all prooue a Bishop indéed and not any inferiour minister there to be vnderstood And so did the whole parlement of Paris take it in the 31. article of their defense for the libertie of the church of France And he himselfe affirmesh that there were congregations in the countrie where there was by likelihood none of the cleargie but one minister and it must néeds be that there were ministers to be placed in other places belives cities And it is yet made more manifest by another disiunctiue following Or else the authoritie of the metropolitane or the assent of the comprouinciall priests haue not tried both which dooth make it plaine to be vnderstood onelie of Bishops Where it is not also to be omitted that the election there spoken of in the disiunctive wherein if either part be true the whole proposition is true dooth ouerthrow the election he speaketh of by citizens For thereby it seemeth sufficient as to that point if either the cleargie or the people of the citie do make that choise Pag. 16 That which he bringeth last out of the Autentikes I haue answered afore that it is not to be found either in the edition of Haloander or the Gréeke or Latine set foorth vp Contius yet it maketh directlie against him for if he doo thinke this constitution to be law with vs and conuenient to be vsed that Where an vn worthie minister is chosen by other there the most holie Bishop may ordeine whome he shall thinke best then in some case one man alone may ordaine and choose a minister without approbation of the people and the Bishop shall hereby have as absolute a stroke to reiect or reprooue a minister as he hath alreadie But I would of all these varieties of iudgements in diuerse canons our author would haue signified which of them we must hold for law for all being so discrepant cannot be Whether it must be onelie In the presence of manie by-standers or at the request of the people or with the testimonie of them or with their aduise or assent or else by their election and vaices But if by waie of admittance it should be said that these old canons were as direct as he would haue them yet they cannot any waie serue his turne For he must first prooue that they are not repugnant vnto the customes of this realme and shew vs how they haue béene vsed and executed here before the making of the statute 25. H. 8. yet he can saie they are by law established amongst vs. Naie if euen then they had béene in vse yet are they countermanded and reuersed now by another course of ordering of ministers set downe in the booke for that purpose wherein no such forme is prescribed And he himselfe affirmeth often in this treatise that they are no lawfull ministers yea no ministers at all in this church
nature For if he will intend any to be no ministers in this church in this respect that they were not ordered according vnto that forme which he imagineth of necessitie is so required that without it the whole action is made void then must he prooue such necessarie forme to haue béene omitted at their making which else by the instrument and testimonials therof made will be otherwise presumed and also that it is not onlie an accidentall forme or solemnitie but of that substance and weight in that action that the neglecting thereof shall ouerturne that which is doone euen as though it neuer had beene As touching the first where it appeareth a fact to be doone as that a minister hath beene ordered is prooued by the Autentike seale of the Bishop that there the law will also intend presume till the contrarie can be shewed all things thereabouts to haue béene lawfullie orderlie and solemnelie doone is by law verie euident Generallie a L. 30. sciendum ff de verb. oblig is to be vnderstood that if a man write that he hath become suretie for one all things thereto incident are intended b to haue beene solemnelie doone Likewise b L. 5. ff de proba Paule did answer for lawe that if any man denie an emancipation or infranchising from the fathers power to haue beene rightlie made there he must vndertake to prooue it bicause the presumption of law is to the contrarie Also In the c Instit defideiuss §. finali bonds and stipulations of sureties we are to vnderstand that it is generallie to be holden that whatsoeuer is set downe in writing as doon that is intended accordingly to haue been doone And therevpon is gathered againe as I haue alledged before in the first place and as may be gathered out of verie many other d L. 19. §. sed â—tsi ff de probat l. 134. Titia §. penult ff de verb. obligat Instit de inutil stipulat §. si scriptum l. 1. C. de contrahenda stipulat l. 51. merito ff prosodo lawes too long to be particularlie rehearsed Moreouer e Arg. l. 6. qui in §. 1. ff de acquir vel â—mit haered the verie continuance of time and possession of their places by their ordering dooth breed a presumption in law that those things which were thereto necessarilie required were therein vsed And as to the second point in case it should be prooued that diuers points of maner forme by the booke of ordring prescribed haue beene in ordring of some omitted yet the want therof can no waie impeach the truth of their ministerie or lawfulnes of their calling except they were at the least prooued to be of the necessarie substance and forme of that action And in the meane time what shall we thinke of this man who vnder this pretense of skirmishing onelie with vnlearned ministers dooth leaue as much as in him lieth a scruple in the minds of all our ministers least peraduenture vpon occasion of some part of the forme and maner prescribed being by the Bishop omitted they might hereby by law be adiudged vniust possessors of their places and consequentlie with an euill conscience to haue receiued the reuenues of their benefices But The a L. 1. §. fin ff de ventre inspi ibid. Bart. in l. 1. de edicto aedilitio in l. Diuus ff de restitutione in integrum not vsing of any forme or solemnitie being not of the substance of the matter dooth not make void the action Now The b Bald. in l. penult C. de cond insert forme which is of substance is nothing else but the verie perfect state of anie matter or disposition And If c l. 6. vniuersis C. de precibus imperas offerend any solemnitie be required in the maner of dooing any act though the same were not vsed therein yet the act may be made good and ratified so the said forme were not of substance Againe The d Bald. in rubr C. de success aedi leauing out of an accidentall or small solemnitie maketh not the action wherein it was required to be called backe againe And beside the place here quoted the said Baldus is of the same iudgement In l. fin C. de iure deliberandi and not onelie he but as I haue read all other doctors writing In l. 1. § 1. C. d. sauing onelie Fulgosius which in that place and in the preface of the Code is of another conceit and is therfore iustlie reprehended by Iason Cons 26. vol. 1. In which respect Baldus saith that A e Bald. Alex in l. 1. in fine ff de liberis posthumis Bald. in Ant. matri C. quando mulier tut off slender or light solemnitie is not to be constructed as a coÌ„dition set downe by law So that vpon failing thereof the disposition of law shall not thereby faile and be auoided And it is then said to be but an accidentall and light solemnitie f Bald. Ang. in l. fin §. si vero C. de iure delibe when it bringeth either small or no preiudice at all or is such as g Bald. in l. hac consultissima C. de testamentis was not established vpon any vrgent reason or vtilitie or that Which if h Bart. in l. 1. §. plures ff de exercitoria Iason Cons 26. vol. 1. it be omitted cannot change and alter the substance of the fact Naie the law teacheth vs that if i a certeine forme be set downe by man as by the prince in â—â— Pisanis ibi Iohannes Andr. Abb. Ext. de restitu spoliatorum Car. in Clem. 1. 30. q. de decimis Innoc. in c. cuÌ„ dilect Ext. de rescriptis Alex in l. cum lex ff de fideiiuss a commission then the action that is done without that solemnitie shall of it selfe fall to the ground but it is otherwise when the forme is appointed out by law for then such an act without that forme may well inough be auailable yet alwaies with this limitation so that the law or statute commanding or prescribing an act to be doon in such or such maner and forme doo k Bald. Imola Alex. in l. 1. ff de liberis posth Bald. in l. non possunt ff de legibus in l. si quis mihi §. coram ff de acquir hered procéed no further as in expresse words to adnull that which shall be done otherwise or else doo l Alex. in l. 1. ff de liberis posthu cons 23. 3 5. in 4. part not prohibit such an act to be done otherwise than in the said certeine maner and forme for if it doo prohibit though mention be not made of annihilating yet by verie force of law the act being done without such a necessarie forme as the prohibition importeth dooth become void 40. Section Pag. 80 81 82. BIcause our author foresaw what might be truelie answered to his thicke mist of
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 quaÌ„do 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 nupâ—â—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
ministrare quos curare deberet ne diuer simode inficeret eosdom moribus exemplo It is perillous for the people vnder him to whome hee ought to minister the Sacraments and whome hee ought to heale that he diuersly infect them not with his manners and examples for that Diluere aliena peccata non valet is quem propria deuastant He cannot put away other mennes sinnes whome his owne sinnes deuoure And againe Periculosum est decentiae ecclesiae in scandalo populari It is daungerous for the Decencie of the church to be in anie publike slaunder or offence Againe Malus praelatus dicitur lupus rapiens praedam An euil prelate is saide to be a wolfe 83. distine nihil 2. q. 7. Quinec rauening his praie He is said to be Canis impudicus propter defectum regiminis A shamelesse dogge for want of gouernement Hee is saide to be Coruus propter peccatorum nigredinem As blacke as a Rauen for the foulenesse of his sinnes Hee is saide to be Sal 2. q. 7. Non omnis infatnatus ad nihilum proficiens Unsauorie salt profitable for nothing Hee is saide to be Porcus A Swine Hee is saide to be 4 c. Dist in mandaris Glos lind de offic Archis pres c. fin v. canss Capo A Capon because as a Capon can not crowe no more can a dumbe Prelate preach And to conclude Praelatus qui in doctrina mutus est non est verè Praelatus cum officium praelati non exerceat c. A Prelate which is mute in teaching is not in trueth a Prelate in so much as hee exerciseth not the office of a Prelate Pag. 29 These Canons and Constitutions not contrariant or repugnant to the Lawes Statutes or Customes of this realme neither derogatorie to her Highnesse Crowne and dignitie and therefore authorized by Act of Palament ought to haue beene better knowen and better executed by our chiefe Prelates then by the space of these 25. yeares they seeme generally to haue bene But yet besides these former decrees lawes and ordinances and the seuerall reasons principles and maximes wherevpon they were first grounded there remaineth somewhat more behind diligently to be considered the which thing the more earnestly euery man shall rightly weigh the more may he be astonished A thing done in Israell at the doing whereof it is a wonder that the eares of the hearers tingle not and the very haire of the heads of the standers by stare not for feare least the Lord in his righteous iudgement should execute his terrible vēgeance vpon them Thus standeth the case some pastoral church or churches being destitute of a Pastor or Pastors to feede the people a solemne assembly and conuocation of the chiefest of the gouernours of the Church must be gathered together and that not in an angle of a poore country village but in the chiefest citie of the Diocesse and that not on a workeday but either on the Lords day or on some other of their owne festiuall dayes and that for no small matters or to no small purpose but euen to present and offer vnto the Lord an holy sacrifice and to call vpon his most holy name To present I say vnto the Lord a present meete and acceptable for his maiestie euen men meete to serue him in his spirituall warres and to be Pastors to feede his people with spiritual foode of his holy word men meete to take vpon them the most highest and most noblest callings that he hath appointed to the sonnes of men the office and dignitie of the preaching of his holy Gospell Pag. 30 This I say is the actien wherof deliberate consideration is to be had and whereof followeth a discourse and wherein when all is done as it is imagined that can be done yet in truth there is nothing so nor so done they doe but flatter themselues bleare the eyes of others and which is most execrable as it were mocke and delude the Lord to his face Well then let vs consider what is done herein In the time of that vertuous King Coward the firt an order and forme was appointed by act of Parliament for consecrating Archbishops and Bishops and for the making of Priestes Deacons and ministers Which statute is reuiued and the same order and forme approued in the right yeare of his most excellent raigne The words of the statute are these And that such order and forme for the consecrating of Archbishops and Bishops and for the making of Priestes Deacons Ministers as was set forth in the time of the sayd late King and authorized by Parliament in the fifth and fifth yeare of the sayd late King shall stande and be in full force and effect and shall from henceforth be vsed and obserued in all places within this Realme and other the Dutines maiesties dominions and countries The title of the booke is this Pag. 31 The forme and manner of making and consecrating Bishops Priests and Deacons And first to intreat of Deacons according to Ordering of Deacons the forme of the booke you shall vnderstande that in the order and forme of making Deacons three things principally are to be obserued First the qualities requisite to be in him that is to be made a Deacon Secondly the circumstances in making him a Deacon And thirdly the proper duetie and office belonging to him that is made a Deacon Touching his qualities they must be such as were requisite for the same First he must be a man of vertuous conuersation and without crime Secondly he must be learned in the Latine tongue Thirdly he must be sufficiently instructed in the holy Scriptures Fourthly he must be a man meete to exercise his ministerie duely Fiftly he must beleeue all the Canonicall Scriptures Sixtly he must be diligent in his calling Seuenthly he must be inwardly moued to that office by the holy Ghost And as touching the circumstances First he must be called Secondly tried Thirdly examined Fourthly he must be twentie one yeares of age at the least he must be presented by the Archdeacon or his Deputie Fiftly he must be made on a Sunday or holy day Sixtly he must be made openly in the face of the Church where must be an exhortation made declaring the duetie and office as well of the Deacons towards the people as of the people towards the Deacons Lastly touching the office committed vnto him it is First to assist the minister in diuine seruice Secondly to reade holy Scriptures and Homelies in the congregation Thirdly to instruct the youth in the Catechisme Fourthly to search for the sicke poore and impotent of the parrish and to intimate their estates names and places to the Curate that they may be relieued by conuenient aimes Pag. 32 The forme of ordering Priestes COncerning the making of Ministers not onely all those thinges before mentioned in the making of Deacons but other circumstances and solemnities are required also these demaunds and answers following must be made and giuen Bishop Doe
which the Lorde Christ hath commaunded which is vtterly vntrue as appeareth First and principally by the word of God Secondly by the discourses written betweene the learned on that behalfe Thirdly by the Discipline practized by all the reformed Churches and lastly by Maister Nowell his Catechisme commaunded generally by the Bishop to be taught vnto the youth of the Realme in all schooles of their Diocesse yet notwithstanding the Minister contrary to a vowe made by him at the commaundement of his Ordinarie appointed therevnto by lawe is very iniuriously dealt with for that he is not permitted to exercise any discipline at all our Bishops and Archdeacons challenging vnto themselues a principall prerogatiue to punish all malefactors within their seuerall iurisdictions An other reason that this statute hath appointed as well the discipline of Christ as the doctrine and sacraments to be ministred as the Lord commaunded onely and none otherwise is this namely for that this statute was made to reforme as well the disordered discipline vsed in the time of popery amongst the popish idolatrous Priests as it was to reproue their false doctrine and prophanation of the sacraments so that neither the one neither the other should be ministred by the Ministers of the Gospell for otherwise this braunch of the statute should ordaine nothing and so contrary to the nature of a lawe be Lex absurda an absurd lawe Pag. 37 And therefore what open wrong and intollerable iniutie is offered the Saincts of God and loyall subiects to her Maiestie calling for discipline at the chiefe Prelats hands commaunded by the Lord and in truth established by the lawes of her Highnesse Empire euery indifferent man may easily discerue It followeth in yâ— booke of making of Ministers Bishop Will you be diligent to frame and fashion your owne selues and your families according to the Doctrine of Christ and to make both your selues and them as much as in you lyeth wholesome examples and spectacles of the flocke of Christ Answere I will Bishop Will you maintaine and set forwards as much as lieth in you quietnesse peace and loue amongst all Christian people and specially amongst them that are or shall be committed to your charge Answere I will In the ende when he layeth on his hands he sayth to euery one be thou a faithfull Dispensor of the word of God and of his holy Sacraments And againe Take thou authoritie to preach the word of God and to minister the holy Sacraments Which action speeches of the Bishop are to be wel wayed and considered The words which the Bishop pronounceth Be thou a faithfull Dispensor c. Take thou authoritie to preach are wordes appointed him by the whole State to be pronounced What was it trowe you the meaning of all the States and Nobles of the Realme or was it our most excellent Soueraigne the Queenes Highnesse her pleasure to haue enacted by Parlement that a Bishop should commaund an Apothecarie not exercised at all in holy Scriptures and altogether vnable to teach to be notwithstanding a faithfull dispensor of the word of God and to take authoritie to preach Pag. 38 No no they very well knewe that the outward sound of the Bishops words in the eares of such a man could not worke any inward grace or giue any inward vertue to the performance of so high a calling or of so holy a function And therefore as it becommeth a true and loyall subiect I dare not for my part so dishonourably conceiue of their wisedomes much lesse I take it should the Bishop so disloyally abuse their credite and authoritie Was their intent and purpose trow you that the Bishop by these his demaunds and the Minister by these his aunsweres should not bind the Minister himselfe to performe by himselfe this duetie to preach but that the same should be done by a third person I trowe no. For my Maisters and Doctors of the Canon and Ciuill Lawe Burgesses in the house of Parlement knowe that Promissio facti alieni inutilis Institu de inuâ—tilistipu § si quis est quod si testator iusserit aliquem in certum locum abire vel liberalibus studijs imbui vel domum suis manibus extruere vel pingere vel vxorem ducere per alium id facere non potest quia haec omnia testatoris voluntas in ipsius solius persona intelligitur conclusisse A promise made of an other mans fact is vnprofitable and that if a Testator shall will any to goe to a certaine place or to be furnished with the liberall Sciences or to builde an house or to paynt a table with his owne hands or to marry a wife that he can not doe any of these things by an other man because the will of the Testator hath concluded all these things onely in his owne person Was their meaning that the Bishop pronouncing these words Pag. 39 Be thou a dispensor was their meaning I say by those words to haue the Bishop commit the office of reading homilies to a Minister or to iudge reading of homilies to be preaching No no Their proceedings appeare to be of greater wisedome knowledge iudgement discretion and godlinesse They appointed by the same their consultation three kindes of offices to be in the Church Deacons Ministers and Bishops appointing seuerally to euery officer his seuerall dueties and hath expresly appoy nted reading homilies to be the office of a Deacon For in the ordering of Deacono the Bishoppe by vertue of the Statute pronounceth these wordes vnto the Deacon It pertayneth to the office of a Deacon in the Churche where he shall be appoynted to assist the Prieste in diuine seruice and specially when he ministreth the the holy Communion and to helpe him in the distribution thereof and to reade holy Scriptures and Homelies in the congregation c. I take it and hold it for a principle that the Bishop hath no authoritie by his Lordship to alter or transforme an act of Parlement and therefore I take it that I may safely conclude without offence to his Lordship that he can not by law appoint any Minister to reade any Homilies in any Church Statute lawe is Siricti Iuris and may not be extended What will you then by law positiue barre reading of Homilies in the Church No. But I would haue the Law positiue obserued and so barre reading of Homilies from a Minister because the Law positiue hath appointed that office to a Deacon For it is not lawfull for one priuate man and fellow-seruant to transpose from his fellowseruant an office committed vnto him by publike authoritie Pag. 40 And it is verily to be thought the Bishop himselfe will challenge as much vnto himselfe by this statute from the Minister and plainly tell him that by this statute he alone hath authoritie to make Deacons and Ministers and to gouerne them and that therefore it beseemeth not a Minister to be ordered otherwise then according to the forme of the booke and no
openly thorough euery Pag 3. 51. house witnessing both to the Iewes and Greekes the repentance that is towards God and the faith which is toward our Lord Iesus And now behold I goe bound in the spirite vnto Ierusalem not knowing the things that shall come to me there but that the holy Ghost witnesseth in euery citie saying that bonds and trouble abide me but none of these things moue me neither is my life deare vnto my selfe that I might fulfill my course with ioy and the ministration of the word which I haue receiued of the Lord Iesus to testifie the Gospell of the Grace of God And now behold I am sure that henceforth you all thorough whome I haue gone preaching the kingdome of God shall see my face no more Wherefore I take you to record this day that I am pure from the bloud of all men For I haue spared no labour but haue shewed you all the counsell of God Take heede therefore to your selues and to all the flocke among whome the holy Ghost hath made you ouerseers to rule the congregation of God which he hath purchased with his blond c. Or else the third chapiter of the first Epistle to Timothie THis is a true saying If any man desire the office of a Bishop he desireth an honest worke A Bishop therefore must be blameles the husband of one wife diligent sober discreete a keeper of hospitalitie apt to teach not giuen to ouermuch wine no fighter not greedy of filthy lucre but curteous gentle abhorring fighting abhorring couetousnesse Pag. 5â— one that ruleth well his owne house one that hath children in subiection with all reuerence For if a man cannot rule his owne house how shall he care for the Congregation of God He may not be a young scholler least he swell and fall into the iudgement of the euill speaker He must also haue a good report of them which are without least he fall into rebuke and snare of the euill speaker After this shall be read for the Gospell a peece of the last chapter of Matthewe THen Iesus came and spake vnto them saying All power is giuen vnto me in heauen and in earth Goe ye therefore and teach all nations Baptizing them in the name of the Father and of the Sonne and of the holy Ghost teaching them to obserue all all things whatsoeuer I haue commaunded you And loe I am with you alway euen vnto the end of the world The praier vsed by the Bishop in the ordering of Ministers Pag. 56 ALmightie God giuer of all good things which by the holie spirite hast appointed diuers orders of Ministers in the Church Fol. 11. pag â— mercifully beholde these thy seruauntes nowe called to the office of Priesthoode and replenished them so with the trueth of thy doctrine and innocencie of life that both by worde and good example they may faithfully serue thee in this office to the glorie of thy name and profite of the congregation through the merits of our sauiour Iesu Christ who liueth and raigneth with thee and the holie ghost world without end Amen These praiers and places of Scripture appointed by the whole consent of the realme to be made and read at the time of making Deacons and Ministers most strongly prooue that their intent and purpose was to haue such men placed in the office of Deacons and Ministers as whom the holy Scriptures hath commaunded should be placed and as they praie might be placed But suppose that they being not so faithfull to the Lorde as were expedient for them account not the Lordes waies to be the best waies his councels not to be the wisest counsels to interprete the meaning of the statute because they are such waies as wherein the Lordes seruants applie them selues precisely to walke and therefore ignominiously are termed Precisians Suppose this I saie yea and suppose that they haue preferred their owne inuentions and set the consultations of the grauest Senatours and wisest Counsellours and chiefest Rulers of the land behinde their backes yet if reason might haue ruled them and their will might haue beene no lawe there was and is an other manner of calling of triall of examination other qualities an other face of the Church an other Latine tongue by other positiue lawes required which as partly by sequel of their proceedings and partly by their owne records appeareth was neuer or very seldome vsed by any of them The manner of calling ought to haue beene thus QVANDO EPISCOPVS c. When the Bishoppe The 〈◊〉 of calling is disposed to make an ordination all they which wil come to the holy ministerie the fourth daie before the ordination are to be called to the Citie togither wivh the Elders which ought to present them And this kinde of calling is a solemne publishing the Bishops purposes either by some processe openly fixed vpon the doores of the Cathedrall Church or proclaimed Voce Praeconis by the voice of an Apparatour to make the Bishops intent knowneâ— Pag. 54 that happily such a day he wil make Deacons or Ministers and therefore citeth such to be present as wil offer themselues meete men for that seruice Which manner of calling is briefly also commaunded by order and forme of the booke of ordaining Ministers First when the day appointed â—ol 2 p. 2. 27. Article by the Bishop is come c. And in the Articles of religion the selfe same is expressed It is not lawfull for any man to take vpon him the office of publike preaching or ministring the Sacraments In the title Articles for certaine orders in ecclesiasticall pollicie The manner of triall in the congregation before he be lawfully called and sent to execute the same In the Aduertisements likewise you haue these wordes First against the day of giuing orders appointed the Bishop shall giue open monitions to all men to except against such as they know not to be worthie either for life or conuersation The manner of triall followeth and ought to be after this sort Pag. 55 ET TVNC EPISCOPVS c. And then the Bishoppe ought to choose him Ministers and other men skilfull of the law of God exercised in Ecclesiasticall functions who first of all ought diligently to enquire out the life of them that are to be ordained their kinred their Countrie their age their bringing vp the place where they were borne whether they be learned whether instructed in the law of God whether they firmely holde the Catholike faith and in plaine words can vtter the same and they to whom this charge is committed ought to take heede that they doe not for fauour or for desire of reward decline from the truth to present anie to the handes of the Bishop either vnworthily or not meete to take holie orders And therefore let them continually three daies togither be examined and so on the sabboth in the which they are approoued let them be presented vnto the Bishop Out of the constitutions of
Otho I haue before cited this decree following which Constitu Otho Sacer. may aptly be repeated againe to prooue the hauing of a scrutine to be necessary before the making of Ministers as it was there to proue what qualities were requisite in them Quare cum nimis periculosum sit c. Considering that it is a thing verie perillous to ordaine men vnworthie idiots illegitimate irregular persons vnlearned persons vagarant and such as haue not anie certaine or true title indeed we ordaine that before the conferring of orders diligent inquisition and search be made by the Byshoppe of all these things And the glose vpon the word antè Est ergo necessarium c. It is therefore necessarie that this scrutine of the examinants preceede the conferring of orders euen as the commaundement of the father or maister must necessarily preuent the taking of an inheritaunce by the sonne or by the seruant and this must be so done for the irreuocable preiudice that otherwise might happen And because this collation hangeth on the disposition of law any preposteration contrarie to the order appointed by law shall annihilate the whole act Againe an other glose hath these wordes Ordinandi ita sunt subtiliter examinandi inquirendum est de natione in qua nati sunt an sint de illa diocesi an legitimè nati an bonae famae Men to be ordained are Glos in cap. constitutus ver ordinanâ— dos exide purgatione c. narrowly to be examined and there must inquirie be made what countrie men they are whether they be of the same Diocesse whether they be legitimate whether they be of good fame Quia in nullo debet eorum opiâ—â—o vâ—cillare Because their credite ought not to be Distinc 33. 〈◊〉 shaken in anie case And the Pope in that Chapter reprehending the curiositie of the Bishop vnto whome he writeth for too too narrowly inquiring after the manners of certaine compurgatours Vtinam saith he sic discuteres ordinandos I wish thou wouldest make such inquisition of those whom thou preferrest to holie orders Another reason why a Minister should be tried is because he must be learned but qualitas extrinseca vt literatura non praesumitur nisi probetur Glos de elec le â— ca si â—orte ver 〈◊〉 â—â— Dâ—â—â—tu â—â—p l. qui liberos An outward qualitie as learning is not presumed to be in a man vnlesse it be so prooued and therefore he is to be examined vpon the same Pag. 53 Et vbi dare volo filiam meam id est ecclesiam in sponsam debeo inquirere de dignitate sponsiâ— ratio quia eligens tenetur inuenire conditionem debitam filio And where I minde to giue my daughter that is to saie a Church to be a Bryde I ought to Extrauag â—om c. ad â—uiusâ—â—bet de praebâ—nd dig The triall of Ministers enquire of the worthinesse of the Brydegroome videlicet of the Prelate the Brydegroome of the Church and the reason is for that euerie father choosing an husbande for his daughter is bounde by lawe to choose one of condition meete for his daughter In forme and manner of ordering Deacons by the Booke of Edward the sixth a certaine triall is likewise commaunded the Bishoppe vsing these wordes to the Archedeacon Take heede that the Persons whome yee present vnto vs be apt and meete for their learning and godlie conuersation to exercise their ministerie duelie to the honour of God and edifying of his Church This manner of triall cannot better appeare than by a comparison to the proceedings and Commencements in Oxenford or Cambridge familiarly knowen to Schoolemen in both Uniuersities Whosoeuer is to take any degree in Schoole either Bacheler Maister or Doctour in anie facultie he must first set vpon the schole doores his questions where in he is to aunsweare He must publikely aunsweare to euery one that will appose him he must afterward in the Uniuersitie Church submit himselfe priuately to the examination of euery one of that degree wherevnto he desireth to be promoted He must afterwards be brought by his presenter into the congregation house to the iudgement and triall of the whole house and if he shall there haue a sufficient number of his superiours voices allowing his manners and pleased with his learning he is then presented by one of the house to the Vice-chauncellour and Proctours and by them as Iudges in the name of the whole house admitted to his degree The examination whereof mention is made in the Booke of King Edward the sixth somewhat varieth from this kinde of trial and consisteth in the interrogatories betweene the Bishoppe demaunding and the parttie aunswering For saith the Bishoppe Doe you thinke c. Do you vnfainedly beleeue c. Will you applie c. Pag. 57 And the partie aunsweareth I thinke so I doe beleeue I will c. For saith the Booke then shall the Bishop examine euerie one of them that are to be ordained in the presence of the people after this â—l 7. pag. 1. manner following Do ye trust c. Do ye beleeue c. There is also to be required by the Booke that the Bishoppe shoulde haue knowledge of the partie to be made a Deacon or Minister Which knowledge euery man wil gesse should not be a bare view or externall sight of the comelinesse and proportion of his bodily shape and personage but a sure and stedfast iudgement grounded vpon substantiall proofes of the vertues and ornaments of his minde and the same also should be a farre more exquisite knowledge than onelie to know the man to be an honest man because the Booke requireth him also to be an apt and meete man to execute his ministerie duelie for which one amongest euen the meanest of vs all hauing vppon a sodaine espied one like an honest man yea or one happily commended vnto vs to be a right honest man indeed which one I saie of vs would foorthwith familiarly greete this man clappe his handes vppon his head and liberally entertaine him to teach his sonnes Demosthenes in Greek or Cicero in Latine the partie him selfe being such a one as neuer had learned the Greeke Alphabet or the Latine Grammar Would we not be thus circumspect trow you as to trie his cunning ere wee trusted his honesty in this case With what qualities such as are to be made Ministers or Deacons ought to be adorned hath beene alreadie sufficiently declared out of the lawes positiue in force And now what is to be vnderstoode by the face of the Church whereof mention is made in the saide booke that that followeth may sufficiently instruct Distinct 24. c. quando vs. The Canon law touching this point saith thus Alià s autem c. Pag. 58 But otherwise let not a Bishoppe presume to ordaine anie without the councell of the Cleargie and the testimonie of the people Againe see that solemnly at a conuenient time and in 70. Distinct c. ordinationes the
Gospell For what though an Heretike by the iudgement of an hereticall Synagogue obtaine the roome of a sacrificer in the same Synagogue and hauing once obtained it may not be remoued from the same roome by the former rule of lawe Though this be true I say what auaileth it to confirme that a sacrificing Priest by vertue of his admission vnto the Synagogue ought to haue a place of ministration in the Church of Christ For though he were admitted in the one yet was he neuer admitted in the other And therefore it resteth firme that they ought not to haue bene admitted then when as the whole manner of the gouernment of the Synagogue should haue bene altered For as at that time their lawes were vnaduisedly translated from them vnto vs So by their lawes we might aduisedly haue transformed them from amongst vs. They were Schismatikes and Heretikes by the lawes of our religion and therefore not to haue bene admitted by the lawes of their owne profession Yea if they remaine Idolaters still or keepe backe from the people of God the word of God they are to be remoued still their ietting vp and downe in their square ruffling and white philacteries or mumbling their mattens and euensong are not so forcible to keepe them in as their insufficiencie negligence contempt and idolatrous hearts are to thrust them out And yet no part of good holesome and christian gouernment and pollicie chaunged For though Iosiah moued by compassion benignly suffered the Priests of Baal repenting of their idolatry to receiue tithes and offerings with their brethren the Leuites Yet he straightly charged them not to enter into the Lords Sanctuary to do any manner of seruice there Neither did this his religious fact any whit hinder the outward peace of his kingdome Wherefore if a Bishop an Abbot an Archdeacon an Elder a Physition a Iudge an Aduocate a Iaylor a Tutor a Schoolemaister an â—rator and a Philosopher by iustice and equitie of lawe for vnabilitie insufficiencie negligence or other defects ought to be deposed and remoued off and from their roomes places offices and honors how should a pretensed Minister onely intruding himselfe to an office of most high calling and excellencie and vtterly destitute of all gifts and graces sit for the same be suffered to keepe and retaine the proper right and title of an other as his owne lawfull possession and inheritance Had the worshippers of the false gods care that their idolatrous Priests should haue knowledge of their idoll seruice and shall we the worshippers of the true God be blameles before his iudgement seate in case we maintaine such to serue him in the ministerie of his holye Gospell as whose seruice the veriest Paynymes and Idolaters would Cod. de Episâ— co 〈◊〉 l. Si quis 〈◊〉 〈◊〉 12. refuse to haue in their Idoll temples And though these be sufficient proofes to euery one not addicted to his owne will preferring the same to all reason that prohibitus clericaâ—i debet reuocari ad pristinum sâ—atum per manus iniectionem and that serui vitam monasticam deserentes Cod. de Epâ—sc â— clerâ— l. 〈◊〉 ad prioris domini seruitutem restituuntur One prohibited to be a Clarke ought to be reduced to his former estate by authoritie of the Magistrate and seruants forsaking their monasticall life to be restored to the bondage of their former maister Pag. 76 And that Infamia non solùm impedit praefici sed etiam remoueri facit à dignitatibus habitis An infamie doth not only hinder a man to be preferred but also causeth him to be remoued from dignities already recouered Though I say these former proofes be sufficient to confirme these assertions yet to make Cod de correÌ„ â—â—nfamia lib. 10. de digâ—â—tatâ— l. Iudices lib. 12. the matter somewhat more plaine I haue thought good to reexamine the order and forme appointed by the former statute for the making of Deacons and Ministers that if vpon examination thereof also there doe appeare such a defect by statute law as whereby our dumbe and idoll ministers be no ministers in deede and truth but onely in shew and appearance that then therevpon order may be taken by her Maiestie for the displacing of them and for the placing of other lawfull and godly Ministers in their roomes For as the statute hath limited a certayne order and forme of making Deacons and Ministers so hath it appoynted that all that are made according to that order and forme should be in deede lawfull Deacons and Ministers The wordes of the statute are these And that all persons that haue bene or shall be made ordered or consecrated Archbishop Bishop Priests and Ministers of Gods his holy word and sacraments or Deacons after the forme and order prescribed in the sayde order and forme how Archbishops Bishops Priests Deacons and Ministers should be consecrated made and ordered be in very deede and also by authoritie hereof declared and enacred to be and shal be Archbishops Priests Ministers Deacons and rightly made ordered consecrated any statute lawe Canon or other thing to the contrarye nowwithstanding Which statute hath two braunches the one appointing the forme and manner of making Deacons and Ministers the other authorizing Deacons and Ministers made and ordered after the forme and manner prescribed in the sayd booke to be in very Pag. 77 deede rightly and lawfully Deacons and Ministers and so to be taken and reputed It followeth then that if the first braunch of the statute be broken and that the forme and order be not obserued that the second braunch can take no place for that in deede the validitie of the latter dependeth altogether vpon the obseruation of the first For it is plaine and euident by law that if you would haue a second or latter action to be good and effectuall because it is done say you according to a forme and order precedent you must first proue that the precedent was accordingly done or els the consequent can take no place And therefore if the forme and order prescribed by the booke be not obserued in making vnlearned Ministers I say then that vnlearned Ministers by law are no Ministers at all And why Neque eum ff ad â—â—g fal l. siâ—â— qui § quaedam vâ—â—um balneum aut vllum theatrum aut stadium â—ecisse intelligitur qui ei propriam formam quae ex consummatione contingit non dederit Neither can he be thought to haue made any â—ath or any theater or any race who shall not giue it that forme which perfecteth the same Againe â—â—â—or in ea â— extra de Iudi◠〈◊〉 Vbi ad substantiam aliâ—â—ius actus exigitur certa forma 〈◊〉 sâ— super alio actu debet quis probare formam praeâ—â—ssisse Where to the substance of any act a certaine forme is required founding it selfe vpon an other act there a man ought to proue the forme to haue passed before As for example In an
is bound by deceite an exception is giuen him As for example I haue promised vnto you my ground excepting the vse of the fruite thereof afterwards by collusion you perswade me to promise you yâ— same ground together with the vse of the fruite thereof this promise in effect is void because you vsed deceit in getting my promise Yea suppose that you for your part had not beguiled me that there had bene no deceit on your part but that I had bene beguiled only because the thing it self was wrongful iniurious in this case also your action shal cease your writ shall abate I dâ—m est c. If no deceite on the part of the demandant haue bene vsed but the thing it selfe hath in it deceit it is all the self same one case with the former For when soeuer any man shall make a demaund by vertue of that contract inasmuch as he doth demaund it he doth it by deceit As for example suppose I haue bought in good faith without collusion of you a peece of plate for lesse then the one halfe of the iust value thereof as suppose for eight pound which was worth twenty pound afterwards I couenant with you simply and you promise to deliuer me the same plate in this case if I sue you for the deliuerie of the plate you may vse an exception of guile against me because I deale deceitfully in demaunding the performance of a contract which in it selfe containeth iniquitie For this contract it selfe is against the equitie of law prouiding that a man should not be so vnprouident in selling his goods as to sell them vnder the one halfe of the iust value Pag. 88 And therefore in this contract being against law appeareth a manifest iniquitie because the plate being worth 20. pounds was sold by you for eight pounds a lesse sum then ten pound halfe of the iust price and therefore in it selfe by law without equitie and therefore neither to be demaunded by me neither to be performed by you And to make this more plaine and so to apply it to my purpose bona fides good faith in this contract ought to be in this sort You for your part and I for my part and we both ought in truth to thinke and be of opinion that you haue interest and right in the plate and so power to alienate and to sell it vnto me And therefore concerning the contract made betweene the Bishop and the partie because the Bishop oftentimes knoweth the partie that is to be made a Minister by him to be a man altogether vnlearned vnfit and vnapt to execute his ministerie duely and therefore cannot thinke him to be a man quallified as were requisite And because the partie that is to be made a Minister knoweth himselfe vtterly voyd of those graces and gifts which ought to be in him and therefore cannot beleeue him selfe to be truely called or moued to that office by the holy Ghost And because they both knowe that there hath bene no such calling no such tryall no such examination no such presentation c. As by the forme and order of the booke should be I say therefore that good faith wanting on both partes this contract made coulourably betweene them is meerely voyde and the one not bound by lawe to the other to the performance of the same and therefore much lesse the common wealth or the Church of Christ to tollerate their conspiracie or to beare with their collusion Non debet alterius collusione aut inertia alterius ff de Liber causa l. si pariter Extrauag de regni iure c. non est Extrauag eo ius corrumpi No mans right ought to be impaired by collusion or slouth of another Fraus dolus nemini patrocinari debet Deceite and guile ought not to patronage any And therefore sithence Non est obligatorium contra bonos more 's iuramentum An othe made against good manners is not obligatorie and that Nemo potest ad impossibile obligari Pag. 89 No man can be bound to a thing impossible and that Impossibilium nulla est obligatio Of things impossible there is no band And ff de reg in l. impossibilium Extrauag de reg nu in malis The impossibilitie of the contract made betvveene the Bishop and the minister cause that the contract is voyd that In malis promissis fidem non expedit obseruari It is not expedient that faith be kept in wicked promises I conclude that the impossibilitie or iniquitie of condicions to be performed by him that is made a Minister make the contract betweene the Bishop and him meerely void and of none effect in law And that the Bishop according to the true intent and meaning of the lawes whereof he hath the execution ought to cite and Ex officio to proceede and obiect against him in this sort You A. B. Parson of C. about twenty foure yeares passed at what time I had appointed a solemne day for making of Deacons ministers had called by my mandate men meete to serue the Lord in his holy seruices to teach his people to be examples to his flocke in honest life and godly conuersation came before me making a great bragge and faire shewe of zeale and conscience and of your knowledge in the holy Scriptures and that you would instruct them faithfully and exhort them diligently in the doctrine of saluation by Christ and in holinesse of life that you would exercise his discipline according to his commaundement and that you would be a peacemaker And all these things you faithfully promised and tooke vpon you to performe ioyning your selfe openly to the Lords people in prayer with a solemne vowe Now so it is as I vnderstand by your demeanor euer since that in truth you had no other ende but to steale a liuing from the church though it were with the murther of many soules You dishonoured the Lord you made an open lie in his holy Congregation you circumâ—ented me by guile and by craft deluded me you haue euer since falsified your worde You haue not preached one Sermon these many yeares you haue not instructed one of your parrishe in the doctrine of Saluation by Christ alone you haue not gouerned your familie as became one of your coate you haue not exercised the Discipline of Christ against any adulterer any swearer any drunkard lany breaker of the Lordes Sabbothes Pag. 90 you haue bene and are a quarreler among your neighbours you cite them to my Consistorie for toies and trifles and so abuse my iudgement seate you are an example of euill and not of goodnes vnto your flocke you meant no good faith at the first you wittingly tooke vpon you a charge which in your owne conscience you knewe was impossible for you to discharge you prophaned the Lordes most sacred name in praying hypocritically before him you haue not since repented you of these iniquities but haue continued obstinate in the same
from our church Ergo ours is not the discipline of Christ Then by this reason should no reformed churches be said to reteine the discipline of Christ or to be well ordered manie of them vpon diuersitie of occasions differing euen from themselues before and euerie one in some point or other differing among themselues Are all the churches of Denmarke Sweueland Poland Germanie Rhetia Vallis Tellina the nine Cantons of Switzerland reformed with their confederates of Geneua of France of the low countries and of Scotland in all points either of substance or of circumstance disciplinated alike Nay they neither are can be nor yet néed so to be séeing it cannot be prooued that any set and exact particular forme therof is recommended vnto vs by the word of God And therfore maister Deane of Paules in the said * Ibid. pag. 16. booke saith that one end of so manie counsels gathered so often in the primitiue church was this to make canons For the externall gouernement of the church which had not néeded if such a perfect platforme had béene deliuered thereof in scripture as some men vainelie blunder about And I verelie doo persuade my selfe that he being a man yet liuing and well knowne to be farre from anie vnreuerent opinion of the state and policie of our church whereof he is no inferior member himselfe and being best able to interpret his own meaning would if he were demanded quicklie conuince this man of factious and slaunderous wresting and racking of his words And seeing he obiecteth vnto vs the president of reformed churches in matter of discipline let him first by some proofe out of scripture or ancient writers approoue vnto vs if he can the debarring of the ciuill magistrate from all gouernment in ecclesiasticall causes and a presbyterie or segniorie consisting most of laie persons yet both of them practised by some churches which he and his clients most admire and as he shall deale in these he shall haue more of our worke of like nature which peraduenture will trouble the sconses of all the new discipline-framers we haue to auow by good and substantiall proofes Now vpon the quite ouerthrowe as he wéeneth of the discipline of this church of England he laieth foorth in behalfe of all inferiour ministers an action of wrongfull detinue for I thinke he will not saie it is but nouell disseisine against Our Bishops and archdeacons for challenging all punishing of malefactors within their seuerall iurisdictions If it be their iurisdiction by law why may they not so doo Forsooth bicause They permit not the minister to exercise any discipline at all Yes truelie as was touched afore they doo and may execute the discipline of declaring by doctrine according to the word of God mens sinnes to be bound or loosed and the censure of rebuking and reproouing openlie those that doo fréeze in the dregs of their sinnes which are not the least parts of discipline which is as much for auoiding of intollerable inconueniences which otherwise would ensue as is expedient to be attributed vnto euerie one and so is it all which the law dooth enable them with as may be easilie gathered out of the verie same demand of the Bishop for at the latter end thereof it is said So that you may Teach the people committed to your care and charge with all diligence to keepe and obserue the same so that the discipline which the minister is to execute reacheth no further than to Teach his parish with all diligence to kéepe and obserue so much of the doctrine sacraments and discipline of Christ as apperteineth to them And if no especiall preheminence might be attributed in matter of execution of discipline to one minister aboue other why is it said by S. Paule excommunicating the incestuous Corinthian Absens decreui being absent I decréed 1. Cor. 5. seeing they had ministers of their owne and willed the denuntiation of the said excommunication afterward to be doone openlie in the church And at the time of his absolution Paule being absent saith To whom you forgiue any thing I forgiue also Likewise speaking of the anathematisme of Hymenaeus and Alexander I haue giuen 1. Tim. 1. them vp vnto sathan not naming either their owne minister or anie segniorie But we must yet a little followe our author leaping backe for Another reason to prooue that This statute hath appointed the discipline of Christ to be ministred as the Lord commanded onlie and none otherwise which we will easilie grant him vnderstanding it in a generalitie not as though euerie particular ceremonie rite or circumstance of externall policie if they had beene as they are not in scripture mentioned but being not commanded were at an inch to be followed For else how could the primitiue church without any prescript word I doo not onelie saie haue brought in a new ceremonie but haue altered the sabboth daie by God appointed at the first and being our saturdaie vnto the first daie of the wéeke in scripture twise or thrise called the Lords daie and with vs sundaie or yet the time of receiuing the sacrament of the eucharist being according to the institution vsuallie receiued after supper to haue it receiued as it is in the morning fasting His reason for the proofe of this conclusion I gather vp thus If this part of the booke doo not abrogate all discipline vsed in time of poperie amongst the idolatrous priests as well as their false doctrine and prophanation of the sacraments then dooth it ordeine nothing but it dooth ordeine something or else it were an absurd law Ergo it abrogateth discipline vsed in poperie If this conclusion were granted yet his matter he hath in hand would not here vpon be prooued to wit That therefore discipline is no otherwise to be ministred than the Lord Christ hath commanded But I haue shewed afore this Minor to be false and that those words of the Bishop doo not dispositiuelie ordeine or abrogate anie thing for discipline more than they doo for the doctrine or sacraments which were prouided for by other acts and not by these words which were indéed absurd once to be imagined Also his Maior foloweth by no consecution for it might haue béene that those words had ordeined something and yet not to haue abrogated all the discipline vsed in poperie except it had by him first béene shewed that the same was contrarie to the commandement of the Lord and otherwise than this realme hath receiued it Which being not prooued we may conclude that he hath in all this section plaied vpon the Petitio principij a fallacie not fit for his person pretending some learning and too plaine for a man to be ouerséene in And therefore in his conclusion hereof he might haue spared his vehement expostulation of Open wrong and intollerable iniurie by the cheefe A proud and insolent terme full of pharisaicall contempt prelats for denieng to the saints of God the discipline they call for c. But if
hir Highnes as to grant hir this libertie it may please him besides the fourth iniunction before alledged to peruse the 27. and 53. iniunctions where expresselie all parsons vicars and curats are inioined to read some homilie when there is no sermon whom I trust he will not therfore conclude either to be all deacons or to transpose without authoritie the office of their fellow-seruant vnto themselues But to tie the reading of homilies vnto deacons is so farre from all apparance or colour of truth that in the selfe-same place where he curtailed rather than abridged the office of the deacon the booke setteth downe that it is a part of the deacons office to read holie scriptures and homilies in the church Where he shall be appointed to assist the priest not thereby that the priest is excluded from reading scriptures and homilies if he so thinke good or be commanded and therefore much lesse where no such deacon is appointed to assist the priest And if this new topike place were allowable then hereof we might reason thus Bishops as this man hath confessed afore by the ordinance of the realme are to execute discipline Ergo the inferiour His argument recorted against himselfe minister being another distinct officer may not transpose it to himselfe as in the other section he auouched Also ministers are to preach Ergo Bishops being of a distinct office may not preach contrarie to all that which afore he hath spoken against dumbe prelats Againe Deacons are by their office by law set downe to instruct the youth in the catechisme to baptise and to preach if they be admitted thereto by the Bishop Ergo ministers being a distinct office from deacons and statutes being strictlie to be interpreted are neither to catechise baptise nor preach by his owne doctrine and where is then his learned ministerie And therefore I take it that I may safelie conclude without offense to his wisedome that either héere he doated or else he hoped his readers would be such affectionate dotards as that he might with anie shew or vizard of likelihod as héere or by racking wringing wresting and curtailing as in diuerse places else-where without their further looking vnto him how plainelie he dolte easilie abuse them 20. Section Pag. 40 41 42 43. NOw in this section to make the matter in his behalfe séeme more probable against the Bishop he frameth a silie answer God wot in his name that Seeing by statute he onelie hath authoritie to make deacons and ministers and to gouerne them that therefore it beseemeth a minister no otherwise to preach than as he shall be licenced therevnto by him the Bishop But yet bicause this fiction was so apparentlie vnprobable he was content also to temper it thus Otherwise than according to the forme of the booke And indéed I cannot sée but that this may and ought to staie any from enterprising to preach in a setled church as this is sauing such fanaticall spirits as will shooue them-selues into the office of preaching without any externall and lawfull calling seeing that in this church of England this booke is the onelie externall forme we haue of calling men into any function in Gods church Now touching the former matter Whether the Bishop might commit the reading of homilies to the minister bicause our author warilie foresaw that both the iniunctions and aduertisements published by sufficient authoritie would to this purpose be alledged he séeketh to vntie that knot thus Bicause That he saith which was confusedlie and indistinctlie appointed in them to be done by parsons vicars and curats whereof as it fell out some were deacons and some ministers is now by this statute made 8. Elizabeth after both the other bounded and limited so that euerie proper office should be allotted to his proper officer But by the way he scattereth a riddle as he runneth when he saith The iniunctions aduertisements articles and this statute dooth bound and limit the meaning of the iniunctions and aduertisements yet I thinke he meant onelie that the statute bounded the meaning of the other two and therefore she was to blame that taught him so long to go before he had learned to speake well For the vntruth of this allotment of euerie peculiar function to his proper officer although some are peculiarlie tied vnto one and not attributed to any other I referre the reader to the booke it selfe and to that which was said in the last section And so I doo this which a little after he gathereth Ex vno absurdo quasi concesso That the office 〈◊〉 of the deacon is onelie to read the scriptures and homilies by that statute Now to open more fullie the vanitie of this surmise as though the statute 8. Elizabeth ment to redresse reading of homilies by ministers thorough making a more orderlie distinction of offices than afore you shall perceiue by perusall of the bodie of that statute and preamble that the forme and maner of making and consecrating Bishops priests and deacons was not deuised then anew but was put in vre and established in the daies of king Edward And though Ad maiorem cautelam for the auoiding of cauils of traitorous and slanderous papists the same booke was then established by that act of parlement yet dooth it in the preamble thereof by manie reasons prooue that the said booke had the force of law before And therefore it is verie propheticall for that booke which was penned in king Edwards daies to bound limit Articles of religion art 36. applie and distinguish offices confusedlie deliuered by hir Maiesties iniunctions and aduertisements which were long after framed And where our author had said that A minister must minister the doctrine and sacraments and discipline of Christ what néeded he to haue added And preach onelie if as afore he would haue inforced vnder Doctrine or teaching preaching be necessarilie alwaies emploied But afterward vpon better rubbing of his memorie he telleth vs his meaning is not to Exclude the minister from reading the scriptures and praieng with the people duties without which preaching cannot be done If by reading the scriptures he meane the ministers priuate studie then he reasoneth not Ad idem which is ignorance of the Elench But if he vnderstand the reading of scriptures in the church then I sée no cause whie by his owne platforme the minister should read any scriptures there besides his theame for his sermon naie how can he read any scriptures when the deacon hath read them all Contrarietie of the author vnto himselfe afore And if he will needs read the scriptures publikelie whie should he be suffered by this mans construction to inuade The deacons proper office and to transpose it to himselfe And therefore the copie of the supplication and submission of the Bishops which he hath here drawne in their behalfe as though through their Abusing of hir Highnesse lawes no meanes according to law could be found for reading of homilies where the minister is
no preacher but by a deacon he may well spare till they haue nèed of it at which time peraduenture they will procure a better clearke than he is to pen it Yet hèerein also either he or his printer hath vsed a prettie cunning by prefixing there vnto a Latine beginning and vsing for fiue or sixe lines an Italian letter differing from the other Romane bèelike to the intent that some simple credulous creature might belèeue this to be an allegation out of some law which are vsuallie printed in this his booke in the same letter The other reason which he bringeth for further proofe of this incompatible distinction of that part of the deacons office which is in reading of homilies from the ministers office as I conceiue it is to this effect All things about the ordering of the minister tend to admonish him of his dutie in teaching and instructing the people and in preaching But the whole action of ordering deacons tendeth to admonish him of his office in reading Ergo a minister may not be forced to read homilies in the church First neither part of his antecedent is true For the first part is prooued false The Abstractor contrarie to himselfe both by the booke it selfe not naming at any time in the ministers office Preaching but with this limitation Where he shall be so appointed and by the author himselfe Pag. 33 34. 35 labouring in one whole section to prooue that the minister hath also the execution of discipline committed vnto him And shall we forget as he dooth that he is authorised also to minister the sacraments The second part is euen as true as the former both as is shewed out of the booke afore and by the authors confession within sixe lines after where the saith The prouision for the poore is appointed also vnto deacons Besides all this the argument followeth not as is euident bicause the booke it selfe attributeth two or three seuerall duties or functions to two or three seuerall offices As to baptize to deacon minister and bishop To preach to them all three so the two first be licenced to minister the sacrament of the â—upper to the minister and Bishop and if we may belèeue our author the execution of discipline to them both And whie therefore may not a minister read homilies as well as read scripture in the church though both they be in some sort required of a deacon if he be by the like authoritie of law commanded thervnto as hath bèene prooued afore that he is And where our author hèere further saith that The parlement house had a singular care to haue these offices of minister and deacon eune as they are distinguished by the law of Christ himselfe it is a testimonie that in those two great offices the externall policie of our church is according to the commandement of Christ in this mans opinion 21. Section Pag. 43 44. OUr author hauing laid downe before that the booke of ordering priests and deacons râ—quireth of euerie minister to be a preacher and foresèeing a storme towards him chooseth rather to be conuicted of falsifiâ—ng than of this falsehood For where the booke prescribeth that it shall be said to euerie minister to be ordered Take thou authoritie to preach the word of Manifest faâ—sification by the author God c in the congregation when thou shalt be so appointed he leaueth out the most materiall word so of limitation and falleth to descanting vpon the signification of When and where to diuert our eies from espieng of the other fowle corruption Although if he were so great a clearke in law as he would sèeme he could not be ignorant that Vbi sometime importeth time as well as place and also implieth a condition with it as if a man giue a legacie to his daughter by these words Vbi ea nupsisset Where she shall be married it is to be vnderstood saith the * Gl. in l. 45. sâ— ita sit scriptum §. finali de legatis 2. Bartolus ibid. glosse there That is after or when or if she shall marrie And thereuvpon Adde Bartol in l. 1. ff de condit demonstr mi. 19. Bald. in l. 3. C. de probat ver sequitur de Oldrad cons 47. consueuit tari Bartolus noteth that the aduerbe Vbi where dooth implie a condition But if it had not bèene the mind of the law-makers by these words So appointed to restraine them from preching without further approbation vpon triall of their abilitie thereto then both in vaine had the word So bèene vsed and with better sense might haue bèene least out which in so short and so principall a sentence of this action is not to be imagined to be superstuous and also the word Appointed without a further word as To serue or such like would haue made no perfect sentence and therefore must nèeds be vnderstood like as the generall vsage since Quae est optimus legum interpres dooth interpret that they haue authoritie giuen them To preach where they shall be so appointed Neither in vaine is preaching spoken of at their first ordering both to put them in mind what ought to be their principall endeuour and to giue vs to knowe that as mèere laie men be not enabled to this office so it is not conuenient that a licence to preach be giuen vnto any but to such as being in some function ecclesiasticall haue addicted themselues to serue the church according to their abilities in all the functions incident to that calling And whereas he dooth alledge that if this sense which he inforceth Were not the naturall meaning of the statute then to administer the sacraments might as well be forbidden without speciall licence in writing I answer that though at the ordering authoritie to preach and to minister the sacraments be giuen according to the limitations there set downe yet hereby they are not hand ouer head where it pleaseth them to rush into other mens charges but are to expect a licence in writing to bound them where they may lawfullie administer the sacraments which is done by letters of collation institution or donatiue temporarie or perpetuall And thus he sèeth there is so much to helpe our turnes besides the canon law that he thought it best to leaue some of it out for his more aduantage 22. Section Pag. 44 45. 46 47. YEt bicause he seeth the coast is not cleare by reason as well the * c. excommunicamus vlt. §. quia verò Ext de haereticis canon as hir Maiesries iniunctions before alledged by me doo require a speciall licence to authorise a minister to preach yea euen in his owne cure he felleth vs a tale not of a rosted horse but of his owne graie ambling gelding which he could giue vnto me if he would onelie by giuing me the keie of his pasture and bidding me to take him vnto mine owne vse of his gift But what if he should â—dde also saie Soft
of England that are not ordered according to the exact forme of that booke But if he will saie that this popular approbation and election as he plainelie afterwards inforceth is the forme by law Pag. 62. factious doctrine deliuered by the Abstractor required then haue we by his owne doâ—rine no ministers at all in this church for we haue none that haue béene so chosen Yea then his oâ—vne clients who to enable themselues to take liuings ecclesiasticall according to law will be contented to be ordered by a Bishop according to the booke which they neuerthelesse hold to be a calling against the word of God shall thus be left wholie without calling and ministerie and by his and their owne iudgements are to be taken for intrudors And if this plat of popularitie be not the forme of ordering ministers which the lawe and the booke dooth establish then with what conscience dooth he so vrge it in this place who dooth so rigorouslie in other places exact the obseruation of euerie tittle in the booke But I will not runne into this common place to shew all the absurdities inconueniences and impoâ—â—bilities of it or the iudgement of elder and later Diuines being without my reach or the practise of other churches which all are learnedlie handled Pro contra by others purposelie intreating hereof to which I remit the reader for further resolution I will onlie put this great canonist in mind of the 13. chapter of the councell of * c. non est 63. dist Laodicaea which dooth forbid these elections by the multitude or people which as c. siergo 8. q. 1. Origen saith oftentimes is pricked forward or caried awaie with clamours fauour or reward And here I would be resolued these canons being as he saith in force of law with vs and To be vnderstood not alone of the cheefe priest of euerie diocesse which argueth Dangerous innouation vrged they are to be vnderstood of him whether this be not wholie to take awaie from hir Highnesse the nomination and recommending of Bishops Deanes to their places or else to leaue hir Haiesties choise to be countermanded by a beast of manie heads Scinditur incertum studia in contraria vulgus Also hir Daiesties being the head member of this church whether the shall be allowed a voice by hir Highnesse proctor amongst the people of one parish alone or in all the parishes in the realme in choosing their ministers and what voice whether a negatiue countermanding all others or luxta c. breuiter dist 62. no Or else whether hir Highnesse shall haue no suffrage therein at all both which if they be not to the great derogation of hir Highnesse prcrogatiue roiall let indifferent and wise men indge who may also sée a further matter and a greater debasing shot at by this popularitie than outwardlie is pretended 27. Section Pag. 59 60. That the statute 25. Henrie 8. for establishing of such canons and decrees as be of nature and qualitie there specified dooth not giue life to these canons and decrées last alledged bicause both they are repugnant to the generall and inuiolable customes of this realme and to hir Daiesties prerogatiue roiall also hath béene afore shewed yea they are not alone contrarie to ours but to the generall customes of all christen dome by many hundred yeeres continued as may appéere by that so often repeated distinction of benefices collatiue and clectiue mentioned and allowed of not onelie by canons and decrées but by the municipall ordinances almost of eueric seuerall realme His second reason for proofe out of the 21. Hen. 8. Cap. 13. of an interest of An absurd reason All the people in the approbation and election of their minister bicausé a Bishop is allowed six chaplines a number then required to be present at giuing of orders is not to be counted a Fallax being too simple to make any shew of deceit but as a syllogisme framed in mood and figure of Quem terra pontus without head or tade His third reason for proofe héere of is bicause the booke in sundrie places of it speaketh of clarks and people present and of An exhortation declaring for thus be the words of the booke and not as our author hath pared them the dutie and office of such as come to be admitted ministers how necessarie such orders are in the church of Christ and also how the people ought to esteeme them in their vocation which is so strong a reason that it cannot be gathered or drawne togither into a syllogisme with a cart rope except we would imagine that wheresoeuer the law permitteth men to be present at any action that there they are interessed to haue a voice to allow or dissallow that which is to be doone And if the exhortation spoken of could giue anie colour that waie it should haue béene to set out what héed and vigilant care the people should haue and what especiallie they should respect in the choice of their minister rather than to tell them how they ought te stéeme him when he is once admitted for if they themselues make choise of them there is no cause why of all other they should mislike or make anie light reckoning of them otherwise than men commonlie doo who thinke they may make bold with such as they themselues haue aduanced And whereas he would thereof gather the presence of the people of that parish where the minister is to be placed to be required for that no profit else for the better estimation of their minister can by them be reped of that exhortation if it shuld be granted vnto him can he ground vpon their presence an interest also in them of approbation and election of their minister But there is profit to be reped by such an exhortation for any people whosoeuer that shall be present For euerie man is or ought to be of some parish and hath a minister whom he ought to estéeme and reuerence for his calling sake and therefore such exhortation can not be said to be in vaine though the people of the parish where he is to serue be not then present And for that these canons by him before alledged doo mention Citizens presence at the ordination of clearks our author taketh occasion to tell vs that The choristers singers organ-plaiers and other officers and ministers of cathedrall churches are not comprehended vnder the name of Citizens for that the canons doo attribute to these a seuerall name from citizens A reason retorted Pag. 16. by calling them Clearks which as he truâ—â—e affirmeth so this dooth argue that the place by him afore brought out of the Autentikes that Clearks vnlesse they were learned should not be ordeined that thereby he might prooue an abilitie of preaching to be required in euerie clearke did not correspond to his purpose séeing that no man will say that any such exquisite learning is looked for in such inferior clearks and officers of churches as these be But
be by authoritie thereof declared and enacted to bee and shall bee priests ministers and deacons and rightlie made and ordered c. And if hereof may be gathered that therefore none shall be accompted deacons priests or ministers but which be ordered in that precise and exact forme then will it follow that no Deacons and Priests ordered in the times of king Henrie and Quéene Marie are to be so accompted with vs for Priests whereof the contrarie afore is shewed Then also none made and ordered by a Bishop consecrated in those times as the most ministers were at hir Maiesties first entrance shall be true Deacons or Ministers though in other points the forme of the booke be obserued wholie bicause by that reckoning the Bishops that ordered them being also consecrate after another forme were no Bishops and so those which haue béene consecrated of them since no Bishops likewise being not consecrate by verie Bishops and consequentlie neither the Priests ordered after the popish maner nor any of our Deacons and Ministers now are by this mans collection True deacons or ministers but onelie in shew and apperance En quo discordia ciues perduxit miseros Naie then are all the ministers of other reformed churches being not ordered according to this forme to be accompted as no true ministers but especiallie some of our owne countrie men who yet thinke themselues more lawfullie called than any of ours besides bicause they were ordered beyond sea after another maner shall be in the same Predicament with others seeing our author hath taught vs to reason out of this statute both affirmatiuelie and negatiuelie But I haue somewhat aforeshewed how far an argument A contrario sensu dooth hold and the common lawyers can tell him that this statute being in the affirmatiue onelie may well establish those as true ministers which be ordered according to that forme but cannot seclude all others though they be not so ordered But his dealing Malice palpable is woorth the marking whose proofe being generall against all not ordered in maner and forme as is required yet he concludeth onelie against Vnlearned ministers that by law they are no ministers at all when as the want of obseruation of that forme will disable by his construction euen the best learned as fullie as the vnlearned 39. Section Pag. 77 78 79 80. THat the not obseruance of the maner and forme in any point for so must his indefinite spéech héereof néeds be construed about ordering of Deacons and Ministers dooth infect the whole action and maketh it of no validitie in law he here laboureth to inferre vpon diuerse places out of the law Ciuill Canon and Common which to diuerse purposes doo séeme necessarilie to require a set and an exact forme for accomplishment of them In his first allegation to this purpose I note his want of iudgement For that * L. si is qui §. quaedam ff ad 〈◊〉 Falcidiam law compelleth an heire or executor to perfect and finish such works as the testator hath willed to be made yea though the fourth part of the whole goods otherwise by Lex Falcidia due vnto him be there vpon also spent bicause it is a legacie that cannot be diuided and therefore it is not sufficient for the heire to laie onelie so much cost vpon it as that he may reteine his fourth part due vnto him by law but he must make vp the worke perfectlie So that the reason of this decision is not anie forme required thereto as he would gather but onelie the nature of the legacie which otherwise were to no vse if it might receiue such an apportionment The * c. caussam Ext. de iudicijs chapter it selfe out of which Panormitane gathered that which here in the second place is alledged dooth sufficientlie shew that euen those formes and solemnities which be of the substance of the act may be countermanded by custome For though neither the prior and couent of a cathedrall church without the Bishop nor the Bishop without the chapter could then sue or be sued as partlie by this canon and partlie by the lawes alledged by the * Gl. in ver assensu ibid. glosse here appeareth yet we sée that the vniforme custome of this land hath since that time otherwise preuailed against these lawes and canons And I cannot coniecture whie our author thought good to explane this being of it selfe verie manifest by an example of euangelicall denuntiation except he would haue vs to gather hereof euen contrarie to the practise of all reformed churches that in no case excommunication is to be inflicted but vpon the procéeding by these degrées mentioned But then would it be verie hard as it is still by this meanes to haue any vse of excommunication at all séeing hée requireth the priuate monition giuen onelie in â—he hearing of the two parties themselues to be first Prooued which must necessarilie be by witnesses And by the waie I cannot sée if this place of the 18. of Matthew be a perfect platforme of excommunication as some doo affirme how excommunication can be otherwise laid vpon any man but when the originall did begin vpon a priuate offense betwixt some particular parties and where all the circumstances there touched be obserued The * c. 1. §. quia verò de rebus ecclesiae alien in 6. canon which without all quotation he alledgeth to the like end as afore dooth not ground the inualiditie of the alienation of those church goods onelie vpon want of a solemne and diligent discussing of the matter before but first and principallie bicause the tithes were allotted vnto the Archdeacon of Duresme from a church being void and wanting a defendor And againe bicause there was no euident necessitie or profit of that alienation And by his * Auth. hoâ— ius Auth. praeterea Cod. de sacros eccl alledging of two Authentikes inserted into the bodie of the Code of Iustinian by the name of two lawes he argueth either his great hast or his small skill practise in law The two decisions which likewise he alledgeth without any direction of proofe as being according to the common law of this land I thinke he will not compare and saie that they conteine no more exact a forme than is the forme prescribed in making of ministers For then like as he telleth vs the statute speaking of pledges cannot be satisfied with one pledge alone so the booke mentioning alwaies deacons and priests in the plurall number to be ordered shall by this comparison exclude the Bishop from making but one minister at once though there be no more places but one in his diocesse void at that time The other places of this section which he partlie quoteth out of Panormitane and partlie as being wearie leaueth without quotation it were but lost labour to search into séeing they haue their truth if they haue beene trulie vnderstood and one answer may serue both to them and all other of like
haue a true church in England wherby it appeareth he taketh such for no Honest poore men nor the Lords watchmen which say we haue scarse the face of a true church in England Next he acknowledgeth Hir Maiesties lawfull and sole souereigne gouernement ouer all causes and persons whervpon may be gathered he was not well aduised afore in séeking The authors inconstancie to establish popular elections of ministers where vpon of consequence would follow as also no lesse is included in the generalitie of his proofs that Bishops and Deanes nominations shall be attributed also from hir Daiestie vnto the people nor yet when he made the contempt of obeieng hir Daiesties lawes concerning indifferent rites and ceremonies a commendable thing in them as procéeding Of conscience and of feare to offend GOD in any small thing For in what causes ecclesiasticall can hir Highnesse lawfull gouernement be exercised and bestowed if with a good conscience and without offense of God shée may be disobeied in matters méerelie indifferent He goeth on and confesseth That hir Maiestie ought to put in execution according to the prescript rule of Gods word the doctrines deliuered by the ministers for abolishing of all and all maner superstitions and abuses reteined in the church and for the establishing of a perfect gouernment of it Whereby we may sée how hard it is for a cat of mountaine to change his spots or a Morian his tanned hue or for him to plaie a little vpon his old by-asse For dooth he not héere in a manner plainelie condemne hir Haiestie Factious speaches not to haue doone as the Ought nor according to the prescript rule of Gods word Dooth he not insinuate the perfect gouernment of the church not to be yet established And dooth he not expresselie saie that Superstitions and abuses are reteined in the church D wicked and vngratefull wretches to the Daiestie of God and to his lieutenant the Duéenes Highnesse which in regard of so manie and so manifold blessings by hir ministerie bestowed doo recompense and requite them with repining and with slander in this maner Non sic fecit Deus omni nationi who make vs all thankefull for them The other three members of his spéech and confession in this place touching the ministers duetie towards magistrate and people of the peoples obedience to the magistrats and ministers and of the concurrence of the ministers instruction with the magistrats authoritie in the gouernement of the church though no more than of the rest I can sée how they are incident to this treatise yet I doo not perceiue any cause whie they should be reiected Neuerthelesse if the minister as doubting of the lawfulnesse of his owne externall calling and the magistrate and people as surmising him to haue runne before he was sent should beéeue our author in his former nice points about ordinations I cannot coniecture that either the minister with any couragious spirit can discharge this dutie or that the magistrate and people can or will regard that which he speaketh as they ought to doo from the mouth of him that is Gods true ambassador vnto them or yéeld vnto their maintenance their tithes and other duties trulie and faithfullie as they ought The examples which he here bringeth though some of them sound suspiciouslie considering from whome they procéed are méere apologeticall tending to prooue that the ministers and people may not of their own head without the princes authoritie séeke to execute any reformation and thereby to purge our author from the suspicion of the traitorous heresie of certeine late pestilent Sectaries But his repining and mutinous doubting with his Ifs and And 's which he casteth in the necke of his former apologie whereby like Scyria capra he ouerturneth the milke with his heele that afore he yéelved dooth be wraie his discontented mind and slender estimation he carrieth of the godlie reformation established by hir Maiestie For what else doo these voices yéeld If hir Maiesties eies be not Seditious speeches and vndutifull yet opened if some blemishes and blots remaine in hir gouernement if councellors be hired to trouble the building all the daies of Cyrus if the wals must be reedified by Eliashib if the church must tarrie Gods leisure if any other glorious purpose be to worke in our daies by hir Highnesse but to fill vnstable heads of the people to whom this booke was especiallie addressed with buzzing of dislike to things present and hope of alterations and new fangled innouations hereafter Which conceits cannot tend any waies to hir Daiesties honour nor worke to the securitie and quiet of the realme And those which haue so quezie and squemish stomachs at the state present ioined with such an esseminate longing and Absurd appetite of restlesse and endlesse alternations in church matters I praie God they haue not cause with the first neuer to haue wished change nor that they euer sée the time wherein they would with all their hearts desire with fauour and libertie of conscience to enioie that forme of liturgie ecclesiasticall policie and church gouernement which by the mercies of God and hir Daiesties ministerie are now planted in this church if they might hope to atteine it Bonum non fruendo sed carendo redditur charius 47. Section Pag. 95 96 97. THus hauing shewed some part of his former Apologie and protestation to be verie doubtfullie deliuered and both that and other his spéeches afore to be verie Offensiue vnto manie and therefore that which his guiltie conscience telleth him Might haue beene dangerous to his person is not yet ouerblowne or auoided we are now come to his purgation of that which might and hath béene obiected that he Insinuateth indeed no lawfull ministerie to be in England But he confesseth now That euerie one meet and apt to teach that euerie one qualified as is requisite that euerie one mooued inwardlie by the Holie-ghost and outwardlie called and appointed by the Bishop hauing authoritie by the order of this church of England is indeed and by law a minister If these be spoken distributiuelie as the word Euerie and the Intersections by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 doo import then hath he established some a minister without Outward calling so he be otherwise qualified as is requisite then may a man be qualified as is requisite thereto being not apt to teach nor inwardlie mooued vnto it by the Holie-ghost or outwardlie called appointed by the Bishop And what if he after this mans construction haue not Authoritie by th' order of this church of England as not hauing béene consecrated by such a B. as was consecrated according to th' order of the booke established Which our author maketh so necessarie as that he reasoneth afore out of the words of the statute negatiuelie to wit none to be a Bishop priest or deacon but such as Pag. 77. were consecrated and ordered according to the forme and maner of that booke but admitting them to be taken iointlie
yet his reasons to prooue such to be Ministers indeed and by law are so childish beggings of that which may be controuersed that I assure you a man might iustlie doubt that he did but dallie and Praeuaricari herein First he saith they are so bicause They are indeed and truth messengers A childish fallacie sent by God Secondlie bicause they Are ministers by the law of this land Truelie this man that was so strict afore is soone woone which is ouercome with these doughtie reasons which no man but he may with as great probabilitie denie as he may doo the conclusion to be prooued being the verie selfe-same with the premisses consisting in these two reasons Touching the matter it selfe law teacheth vs that A protestation with a contrarie act worketh nothing Therfore how can this protestation releeue our author any Pag. 77. thing who hath afore plainelie refused all for ministers in whose ordinations the maner and forme of the booke is not exactlie obserued And which maketh All solemnities therin Pag. 83. euen of the least moment to be substantiall and not accidentall by the law-makers appointment Therefore out of his owne words and reasons to prooue this his protestation vaine and elusorie I reason thus 1 Wheresoeuer the first branch of the statute for the Pag. 77. obseruing of a forme and order in the ordinations of ministers is broken there the second branch authorising them to be in verie deed ministers can take no place But some Pag. 92. of the points required haue beene and are perhaps dailie omitted in making euen the best men that are in the ministerie at this daie and so the forme and order of the booke not obserued Therefore the best men that are in the ministerie at this daie perhaps are not in verie déed ministers 2 Wheresoeuer the forme of an act is not speciallie Pag. 78 80. deinceps and at an inch and not by any thing equiualent obserued there the act by meere law is no act at all But some points Pag. 92. of the forme required are perhaps dailie vnobserued in making the best men ministers that are in the ministerie at this daie Therefore c. 3 Wheresoeuer a certeine forme and order of proceeding Pag. 84. is appointed to those that had no authoritie before such commission there if the forme be not obserued the processe by lawe is meerelie void But the Bishops before Pag. 84 92. the statute hauing no authoritie to make deacons or ministers doo omit the forme perhaps dailie in making the best men ministers Therefore their procéeding herein is by lawe méerelie void and so the best men we haue in the ministerie perhaps not in verie deed ministers and therefore as our author often collecteth are Intrudors But he which to the intent he might haue some shew to serue his humor and to wrap in either one waie or other those whome he foreiudgeth to be vnlearned to the danger of vsurpation and intrusion did tell vs in great earnest Pag. 83. that all the solemnities about ordeining of ministers how Small of moment soeuer they seemed to be by the law-makers appointment were substantiall and not accidentall dooth now in another tune saie that Learned qualified and inwardlie called and vnlearned vnqualified and not inwardlie mooued dooth differ as much as light and darknes meaning and insinuating hereby as I doo gather that whatsoeuer he hath aforesaid concerning Forme solemnities commission statute or good faith they were not so much to the matter or greatlie to be stood vpon but that these are Differentiae specificae constitutiuae of a minister indéed which maketh him so to be and thereby onelie dooth also differ from such as be not Quo teneam vultum mutantem Protea nodo And if so be these thrée be the onelie necessarie points concurring to the making of a minister indéed and distinguishing a true minister from an vsurped then may we haue a minister in this church without the externall calling by the Bishop which is not here spoken of If by Learned he meane onelie such as are apt to teach and by teaching meane onelie preaching whie did he not ad also that which S. Paule ioineth with aptnesse to teach to be able also to confute errors and heresies But the booke requireth as of necessitie no other learning but that he be Sufficientlie instructed in holie scriptures which that it reacheth not alwaies so high as that he must be able to be a preacher is shewed in diuers places afore The qualities Preface to the booke which the booke speaketh of are onelie that He be by sufficient testimonie commended or else knowne to the Bishop to be of vertuous conuersation and without crime and also that he be found learned in the Latine toong But that he be inwardlie mooued by the Holie-ghost to the worke of the ministerie is a thing left to his owne conscience and not to be discussed by the Bishop or any man else but in charitie which hopeth all things to be intended and presumed And séeing it is possible for a man verie vnfit at the beginning by studie practise the blessing of God to become sufficient and for him that is now well and honestlie disposed afterwards to relapse into loosenesse of life and for him also that is skilled in the Latine toong sufficientlie instructed in holie scripture either by disuse or by the visitation or iudgement of God to become verie ignorant and sottish in both therefore I doo not sée if we knowe not the contrarie but both by the rules of charitie and law we are bound to thinke that yet at the ordination of such a one he was so qualified in all these points as was requisite That a Bart. in l. cum quid ff si certum petatur which is agreeable to the nature of any contract is presumed to haue beene performed Againe A b c. in praesentia de renuntiat c. cum inter de re iudicata c. bone de elect gl in c. quoniam Ext. de probat iudge is presumed to haue rightlie executed that which is incident to his office Further That c L. quotiâ—s ff de rebus dubijs c. Abbate sane Ext. de verb sign which confirmeth and not that which adnulleth any act is intended to haue beene doone And lastlie Euerie d L. ab ea parte ff de probat spec de proba §. 1. verb sequitur videre one is presumed fit and capable till the contrarie be prooued But our authour cleane contrarie to this euen 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 will presume all requisites to haue béene obserued by that which appeareth in his conuersation and learning afterwards So that by this reckoning a man neuer so orderlie at the first called both inwardlie and outwardlie vpon defects afterwards arising in him shall be shut out for an intrudor vsurper or one which by wrong suggestion and fraudulent meanes hath attained the ministerie
he that hath indéed intruded and without all outward calling thrust himselfe into the Lords haruest so that he haue some commendable gifts of learning and demeane and beare himselfe without publike staine or blot shall be intended and presumed to haue béene inwardlie mooued by the Holie-ghost and be in verie déed a true and lawfull minister Yea so stronglie if we may beléeue him shall this be intended that it shall be accounted Praesumptio iuris de iure So that we are come to that issue which afore I touched that the Bishop when he hath an vnlearned minister vnder hand such as this man surmiseth all to be which are not able to be preachers cannot though he would obserue the solemnities forme and order of the booke of ordinations But when a learned man is vnder his hand to be ordeined then he cannot but stumble whether he will or no of all such matters of forme as are appointed And that Sect. 45. this is such a presumption he bringeth for proofe a glosse which if he had ment plainelie he would haue quoted in a more fit place than this but he was then loth his craftie conueiance should be espied Which glosse as may there be perceiued saith not so much as colourablie any thing tending to this purpose but the quite contrarie But saith it shall we presume for the parties sufficiencie that is ordeined C. post cessionem Ext. de probationibus is an argument that we must so presume except the contrarie be prooued And againe that we must thus stronglie presume and intend he exemplifieth for I may not saie prooueth by rescripts Autenticallie sealed yet procured by vntrue and colourable suggestion and by a definitiue sentence wherein is a Nullitie For the first proofe whereof that the rescript was obteined Bona fide and that the sentence was a iust iudgement we must he saith presume till the contrarie of the one be prooued and for the Iniurie and iniquitie of it the other be reuersed Where by the way ye may sée this mans great skill which presumeth for the validitie of a sentence in which is a nullitie prefixeth the ordinarie course of appeale for reuersing of it confoundeth it with a reuersible sentence in respect of th' iniustice iniquitie of it a Inst de perpet temp in princ l. omnes l. sicuti C. de praescript 30. vel gl in l. querelam C. de fals Wheras a nullitie may be proposed against a sentence at any time within thirtie yeares at the least And b Bald. in l. 1. C. de rebus alien l. 2. C. fi ex fals instrum if it be in regard of want of iurisdiction or commission in c C. vigilanti c. fin Ext. de praes causes wherein by lawe no prescription runneth or be d L. pure in fine ff de dol except l. si pactus C. de exceptionib proposed by waie of exception the action of nullitie neuer ceaseth but at any time may be opposed So that to returne to the principall purpose that the euent insuing must teach who were with all due circumstances ordeined ministers and who failed therein and that such iudgement is grounded on a presumption of law and by law we may perceiue is vtterlie left vnprooued Naie if he had vnderstood what he writ he would either neuer haue so rashlie and vntruelie affirmed that course of iudging to be Praesumptio iuris de iure or else would haue spared his examples which make directlie against him in this behalfe e L. si tutor cum gl ibi Bald. C. de peric tut Bald. in l. ita demum C. de procurat For a presumption of law is a most cleare kind of proofe and is so full that it f L. 3. C. de apochis publ li. 10. Bald. in l. 1. C. de fidei com dooth of it selfe sufficientlie prooue and is most pithie euidence Yea the g Auth. sed iam necesse C. de donat ante nupt Alex. in l. non est verisimile ff quod metus causa presumption of law and by law as some doo terme it will not admit any proofes to the contrarie otherwise than by the confession of the partie himselfe and is equiualent with any such h Bart. in coÌ„s à Dom. Cyno matter as by the disposition of any statute law may not be refelled So that our author matching this presumption with presumption for rescripts and sentences which by contrarie proofes are indéed ouerthrowne dooth giue sentence against himselfe that concerning ministers sufficiencie by the euent insuing there is no such presumption as he dooth vainelie iangle on And therefore he is more strictlie than an éele is with a fig leafe holden vp to his former assertions which doo plainelie impugne almost all the ministers in England partlie for want of weight and partlie for fashion notwithstanding his friuolous elusorie apologie and his absurd protestation implieng a contradiction in it selfe 48. Section Pag. 97 98 99. IN this section is handled that which might be obiected that is to saie whether the sacraments administred and other parts of execution of the offices incident to that function shall be accompted rightlie and dulie done by such as our author maketh no ministers at all To which in effect he answereth that the actions and publike execution of their functions by them done hereafter shall be of none effect but both bicause till this time No controuersie hath beene mooued touching the validitie of their calling state and condition and also for common vtilitie and a generall errors sake the things done heretofore by them are rightlie and duelie done But since controuersie now is mooued if the acts Doctrine dangerous to the whole state done by such ministers after this time shall not be auaileable and of force what confusion and danger this doctrine might bring into this common-wealth about the mariages and baptizings of infinit numbers by such ministers wherevpon by the lawes of this land the inheritances dowers and tenancies by courtesie doo greatlie depend I leaue to be weied by déepe states men and wise counsellors Naie if it be sufficient for euerie libeller to bring such matters of consequence into hazard by waking vs as he pretendeth out of a generall error whereof â—e onelie dreameth whie may we not as well saie that all which haue béene married or baptized these manie yeares past shall be brought within the like compasse of danger seeing both the traitorous papist and the dangerous Innouator hath troden the same steps and skirmished as hoatlie as this man dooth a long time against the lawfulnesse of our Bishops priests and ministers and with their calling into that function But thanked be God all their complots though they be like to Samsons fores distinguished by heads but linked together by the tailes and tend all to a perillous trouble and combustion in this state yet there is small weight in any of their words and
be so soone reconciled againe with his enimie whome sometimes he wished to be broiled like S. Laurence or to be burnt like an heretike in Smithfeeld The other and more principall point concerning the declining of the church of England in ceremonies gouernement and discipline from the commandement of Christ by him and such like surmised bicause it conteineth a verie greeuous accusation of so famous and great a part of the vniuersall church and is therfore a matter of great consequence to haue this church cleared of that slander which this infamous libeller obiecteth I haue thought good for a taste to trouble the readers a little with some few and briefe collections gathered for the most part by certeine painefull and godlie learned men yet in some small portion vpon mine owne slender wading concerning these matters of externall church-policie not to any intent as I may safelie before God protest to derogate from any tolerable order established in these externall matters by any reformed church as a thing vnlawfull of to be condemned howsoeuer peraduenture some of them may be inconuenient to be vsed but onelie to shew the vanitie of this and other like affected mens assertions which By the exact description of the temple and other things about the seruice of God in the old law and because Christ was faithfull in all his fathers houshold would carrie awaie in a generalitie that therefore there is one certeine perfect and setled forme of discipline gouernement and of externall church-policie recommended and also commanded in scripture vnto vs. For if vpon examination hereof in specialties it may appeare that the ring-leaders of this band doo not onelie differ but also be contrarie one to another in many materiall points of this their platforme which they neuerthelesse would mingle heauen and earth together for by their The soldior of Barwike pag. 3. spéeches and writings then I hope all godlie wise men will easilie sée that it is but a strong fansie which either all or at the least some of them in this behalfe be led by and that without reason they doo exact of vs to yéeld vnto them which are not at any accord or resolution among themselues nor yet with other learned men Wherevpon this will ensue and profitablie may be gathered that as it is lawfull for any particular church by the word of God to reteine what forme and circumstances of discipline and gouernement in the church not contrarie to the word of God which weieng all things therein considerable shall be thought most to tend then and there to the building vp of the liuelie stones in déed into one accouplement in Christ Iesus his mysticall bodie so that forme will fall out to be most safe which hath béene most generallie receiued and profitable practised and hath for it the approbation of the purest antiquitie in the primitiue church For it is a verie nice and a dangerous scrupulositie rather than to vse that aright which hath bene once abused that a man should go about to deuise and to laie out new platformes in church matters in which of necessitie such difficulties will dailie arise that can not by any reach of mans wit be forecast and which will bréed not onelie a continuall toile but also infinite dangerous innouations both in the church and common-weale Now as concerning the inward gouernement of the church of Christ by the spirit of God working in his children by the ministerie of the written and reuealed word and also touching the essentiall points of the outward policie and gouernement of the church consisting in the true teaching of the word of God in the due administration of sacraments according to Christes holic institution in the aduancement and furtherance of vertue with the beating downe and suppressing of sinne and impietie and in keeping the church in a quiet vnitie and good order there is no difference or varietie of opinion amongst vs. Which wholie therefore dooth rest in this point touching the forme and manner of putting this externall church gouernement in vre and practise For they affirme that * Pag. 19 20 239. Christ hath left and Commanded as perfect a rule and law for the gouernement of the church his fathers houshold by discipline as he hath doone by doctrine which is saie they by their consistories and presbyteries and also that the same is perpetuall and ought so to continue vnto the worlds end in euerie particular church Both which we denie and with all affirme that no such precise and exact forme of externall gouernment of the church by discipline as they depaint out is so much as by any example recommended vnto vs in scripture but much lesse commanded as a continuall platforme for euer to be followed To their first asseueration belong those their spéeches where they call it The presbyterie which God hath appointed the arke of God the Lords house a royall throne for Christ to sit and rule in And where other of * T. C. in epist ante lib. 2. them tell vs that The order which they contend for is that which God hath left * Admon 2. pag. 5. and that The matters they deale in are according to the verie will of almightie God Insomuch that * A libell printed in forme of a table they make him Antichrist and one who refuseth to haue Christ to rule ouer him which reiecteth their Presbyterie gouernement To their second paradox belong these and such like magnificall elne-long terms * T. C. in epist ante 2. lib. that It is the euerlasting truth of God that it is the kingdome of God in this world which onlie hath the promise of blessing and life for euermore * Admon 2. pag. 61. that this is onelie Gods order which in conscience they are forced to speake for and to vse and * T. C. in 1. lib. pag. 141. that we are expreslie charged to reteine this Segniorie till the comming of Christ to iudgement by the words of S. Paule in the sixt chapter of the first to Timothie notwithstanding Caluine dooth wholie refer it to the ministerie of Timothie And although our men who belike sée further in a milstone and can find more knots in a rush than other men doo tell vs of such a necessarie perpetuitie continuance of their presbyteriall gouernement yet * Art 23. tit aduertissement en la discipline du France the French churches reformed could not find any such setled forme of discipline so by scripture established but that it might vpon occasion be altered And therefore in the shutting vp of their booke hereof they saie thus Ces articles qui sont c These articles which are here conteined touching the discipline are not so setled amongst vs but that the vnitie of the church so requiring they may be changed And it is a world to sée consider though not onlie in this point but in many other materiall points about this gouernment our church-wrights differ both from
Admitting a deacon neither yet there or in him is it necessarilie required but onelie it is said that The Bishop may vpon a sundaie or holie daie admit such a man so qualified as is there prescribed a deacon The other circumstances by the author set downe which he thought he might carrie awaie in a cloud with a streame of words as of Churches being destitute of a pastor of a solemne assemblie and conuocation of the cheefest of the gouernours of the church to be gathered togither in the cheefest citie of the diocesse to present c are required without booke by our author and are belike some Falsificatiō of the booke part of another platforme which he mistooke in stéed of this church of Englands order But if he inforce those words of the statute 8. Eliz. confirming the said booke And shall from hense-foorth be vsed and obserued in all places within this realme for the necessarie obseruation of euerie circumstance arbitrarie afore then must we desire him to rub ouer his logike and his law and to remember that herein we must Reddere singula singulis that such things as were of substance in the booke and such as were of circumstance or arbitrarie solemnitie are not hereby altered but are to be taken in that nature now as they were before in the booke As concerning the qualities requisit in one to be admitted a deacon I maruell he will number Follie in the author that which resteth in experience afterward and which the partie is to promise in time to come to performe to wit To be diligent in his calling as a thing to be weied before his admission And if by the circumstance of Calling he thinke may be inferred anie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or popular election or any other deuise whatsoeuer more than an inward good motion of the partie he may be conuinced sufficientlie by those words Shall present such as come to the Bishop to be admitted The circumstance of being presented by the archdeacon although at solemne and set ordinations it be most vsuall yet is it not of such necessitie but that it may as well be omitted as the Bishop may ordeine one alone when there is no more though the words of presenting doo run in the plurall number To which effect it is also said in the preface that the Bishop knowing either by himselfe or by sufficient testimonie any person to be a man of vertuous conuersation c may admit him c so that the circumstance of Presenting is not of any substantiall forme of the matter In reckoning the offices of the deacon our Falsificatiō author omitteth this limitation In the church where he shall be appointed also to baptize and to preach if he be admitted thereto by the Bishop and this likewise to serch for the sicke poore c Where prouision is so made as not seruing belike so fitlie his turne as he wisheth Whereby we may gather what libertie this man who findeth such fault with other for omitting such and so manie requisites as he fansieth dooth yet permit vnto himselfe to leaue out of his owne distributions 18. Section Pag. 32 33 34 35 36 37. OUt of a part of the forme of ordering priests in this section our author thinketh he hath obserued two Principall points for his purpose one that The minister chargeth himselfe to teach and instruct the people committed to his charge with the doctrine of holie scriptures and this he passeth ouer verie bréefelie The other which deserued with him a marginall direction is that The Bishop bindeth him as well to minister the discipline of Christ within his cure as the doctrine and sacraments of Christ c. and that therefore the minister may as well admonish denounce and excommunicate offenders within his charge as a Bishop may within his diocesse The first whereof perteining to teaching required of the minister although it prooue not a necessarie coherence of preaching with the ministerie séeing manie besides preachers as the father the maister and the housholder are to teach and instruct in godlinesse those who are of their charge yet is it more peculiarlie incident to the treatise here in handling than the other obseruation concerning discipline But shall we saie that this man is well aduised in seeking to inspire euerie minister with a power The authors contrarietie to execute all discipline in the church and that by law now in force when as in a peculiar treatise of this booke he laboureth to prooue that by law Excommunication by one alone is forbidden whereby he pulleth downe with one hand that which he built with the other and sheweth himselfe either verie forgetfull or passing inconstant And herevpon I would be resolued by the author or some other whether he thinke this endowment of euerie minister with the execution of all discipline admitting but not granting it to be so by law to be a conuenient policie for the vnitie and quiet of the church And whether he himselfe had not rather be vnder the forme now in practise in regard of his owne contentment than vnder the infinit dictatorship of his owne minister Or else whether should appellations from the judgement of the minister in this respect be allowed of and whether to the Bishop or to whome And whether the Bishop by this interpretation of law shall not reteine his authoritie of executing the discipline of the church vpon euerie particular minister and in euerie seuerall parish as aforetime seeing the author saith As well as the Bishop in his diocesse And if he shall what if the Bishop vpon good cause and for abusing of the authoritie shall suspend the minister from his iurisdiction of executing discipline Is he not at the same point he was at before And what if the Bishop himselfe dwell in the parish who shall then haue the preheminence And what if the ministers discretion serue him vpon some small or surmised cause to excommunicate some great péere or noble counsellor of his parish whose indignation may turne the whole church to great mischéefe Or to procéed against his patrone who peraduenture hath a bond of him to resigne As manie couetous coruorants and Nimrods haue in these daies whereby the ministerie is more enthralled to the corrupt deuotion of one man than by all the lawes that any waie may concerne them The author séemeth to me to diuide the discipline of the church which he would intitle euerie minister vnto into admonition denuntiation and excommunication If by denuntiation he meane the publishing of excommunication done by himselfe then is it a part thereof if as I rather thinke he meane the second degrée of procéeding vpon faults not publike specified in the 18. of S. Matthew then is this common with the minister vnto all other christians euen as admonition is being the first degrée And where the minister is the partie offended and hath not preuailed neither by his admonition in priuate nor his denuntiation before two or