priestes and the prophetes slewe Vriah with the swoorde yet ceased not Ieremiah to stande in the Court of the Lordes house to speake vnto all the cities of Iudah all the wordes that were commaunded him to speake and kept not a word backe 2 Kin. 23. 3. When Hilkiah the priest had found the booke of the lawe and caused Iosiah to reade the same it is written that the KING stoode by the piller and made a couenant before the Lorde that he the KING and the priestes and the prophetes and all the people both small and greate should walke after the Lorde and keepe his commaundementes and his testimonies and his statutes with all their hearte and with all their soule And that the KING commaunded Hilkiah the high priest and the priestes of the seconde order to bring out of the Temple of the Lorde all the vessels that were made for Baall and for the grooue and for all the host of heauen and that the KING burnt them without Ierusalem in the fieldes of Kidron and that the KING carryed the powder of them into Bethel and that HE put downe the Chemerym and that HE brake downe the houses of the Sodomites and that HE brake the images in peeces c. When the spirite of the Lorde came vpon Azariah to tell Asa and all Iudah and Beniamin that the Lorde was with him whilest they were with him encouraged them in their affliction to turne vnto the Lorde God of Israell for that their confidence and trust in him shoulde not be frustrate but haue a rewarde Asa hearing these wordes of the prophet was encouraged and tooke away all the abhominations out of the lande of Iudah and Beniamin And King Asa deposed Maachah his mother from hir regency And Asa brake downe hir idoll and stamped it and burnt it at the brooke Kidron 2. Chroâ—… and king Asa did all these thinges at the councell of the Prophet Neither can the holy doctrine of the Gospell be sayde to be repugnaunt herevnto God is euer more one and the selfe same God in all ages he is euermore the authour of peace and order not of discord or disorder If therefore the Lord haue not yet gratiously opened hir maiesties eyes to vnderstand all singular misteries of his Testament or if he will some blemish to remaine in the gouernment of a faithfull Queene vnder the Gospell as it pleased him to haue blottes in the raigne of good kings in the time of the law or if he will that the aduersaries of Iudah and Beniamyn hyre counsellers to trouble their building and hinder their deuise all the dayes of Cyrus or if he will the Temple to be built in the dayes of Esra the chiefe priest but the walles to be reedified by a Eliashib and his brethren or if he will haue his Church tary his holy leasure and appoynted time or if he haue any other glorious purpose to work in our dayes by hir highnes what is that to him that is a minister of the Gospell Onely it behooueth him to be a faithfull Steward in his function For an woe hangeth ouer his head if he preach not because necessitie is layde vppon him And let him be assured that whatsoeuer is either bounde or loosed by him in earth the same is bounde and loosed by the Lorde in heauen The repentaunt and faithfull shall be forgyuen The obstinate and impenitent shall bee hardened And thus hauing deliuered my mynde touching these thinges which otherwise by synister construction might haue beene daungerous to my selfe and offensiue to others Touching the former cauill I answere as followeth First I confesse that euery one meete and apt to teach that euery one qualified as is requisit that euery one mooued inwardly by the holye Ghoste and outwardly called and appoynted by the bishop hauing authoritie by the order of this church of England in this behalfe is in deed by law a minister First because he is indeed truth a messenger sent appoynted to this office by the Lord him selfe Secondly he is a minister by the law of this land For the state of this man learned qualified and inwardly called and the state of the vnlearned vnqualified and not inwardly mooued differ as much as light darknes For where the life the learning the conuersation the paines of the former doe appeare in deede to be sincere sufficient honest and diligent euen such as the law it selfe requyreth should be in him and so the ende of the law satisfied in that behalfe in this case and for this man there is a presumption Iuris de iure of law and by law that in his outward calling and triall c. all thinges requyred by lawe were accordingly perfourmed by the bishop and so he a lawfull minister But touching the other man it is quite contrarie and therefore this presumption by law must cease Glos extrauag de prebend cum secundum Apostolum verdiceat For where his life his learning his conuersation do appeare manifestly to be vile corrupt and vnhonest and not such as the law requyreth and so the law frustrated in this case there is a presumption Iuris de iure of lawe and by lawe against him that he came to his office per surreptionem by stealth and vnorderly Letters obtayned for enioying benefices vntill it appeare they were obtayned either veritate tacita or falsitate expressa truth concealed or falsehoode expressed are good and to be obeyed but if afterwardes either of these appeare they shall bee accounted surreptitious and voyde A Bull or dispensation from the Pope authentically sealed is presumed to haue beene gotten bona fide in good faith but if in the tenor thereof appeare false latine it is then presumed to haue been obtayned per surreptionem A sentence giuen by a iudge is presumed to be a iuste iudgement and euery one for the authoritie and reuerence of the Iudge ought so to deeme of the same But in case the matter be appealed and there be found a nullitie in his processe the former presumption ceaseth and the sentence as an iniurious sentence is to be reuersed In like maner if a Bi. should make an hundreth ministers in one day for the authoritie and reuerence of the bishop and the good opinion I ought to conceiue of his vpright and sincere dealing of his holy religion and feruent zeale to the lordes house were I absent and sawe not his proceedinges to be contrary to law as I ought so I trust I should both esteeme his doinges therein to be lawfull and orderly and also reuerence those whom he had so made as messengers sent from the Lord. But if afterwarde when any of them shall come to execute his office of ministerie when he came to teach the people he shoulde then manifest him selfe to be but an Hipocrite but to haue fayned a certaine kinde of holinesse and zeale when he shall him selfe discrie his owne vnablenes and displaye his wantes were it
foode is nourished for man liueth not by bread onely but by euery word that proceedeth from the mouth of God And that this and the former might be diligently executed to meet with the carelesnesse of Pastours in doing their duties there is a speciall ordinaunce made for the inquisition of the offendours here in as followeth Iohan Peccham de offic arcâ—… DE PVBLICATIONE ARTICVLORVM c. Touching the publication to be made of such articles whereby a man forthwith doth incur sentence of excoÌ„munication let the Archdeacons make diligent inquisition as often as they shal find the Elders not to haue preached or published at the times appointed the moral instruction of the 14. Articles of faith the 10. coÌ„mandements of the decaloge the 2. Commaundements of the Gospell c. so often let them rebuke them and by chastisement and some canonicall punishment compell them to supplie that which rashly they haue omitted Competent knowledge is a knowledge to preach Hence may aptly and necessarily be inferred that he may be sayd to haue a competent knowledge that hath knowledge to preach otherwayes not preaching should not be punishable And to this ende tendeth that which is wrytten before namely Exigit ars nostra catholica c. Our catholique religion requireth that in one Churche be one perfect teacher in knowledge and doctrine And as the glose in the same place sayth Glos ibi ver scientia Absit ergo quod sic prefectus sit vt ad literum dicere possit illud Hier. cap. 1. a a a Dominé Deus nescio loqui quia puer ego sum God forbid that he should be so perfect as that by rote he were able to say a a a Lorde God beholde I cannot speake because I am a Childe but this perfection ought to be such as the glose telleth you in the same place in these wordes Glos ibi ver absque magistro AD MAGISTRVM c. To a maister or teacher pertayneth that which is written in the sixt of wisedome I will bring wisdome into light and will not keepe backe the truth And in the same booke the 7 chapiter As I myselfe learned vnfaygnedly so doe I make other men partakers of hir and hide hir riches from no man that that may be verified of him which is writen in the 28. Iob. He searcheth the depthes of the floudes that is the secreates of the scriptures and the thing that is hid bringeth he to light And Rebuff affyrmeth that Penitus illiterati dicuntur qui nesciunt ossicium facere ad quod tenentur They are sayde to be altogeather vnlearned which cannot performe the dutie whereto they are bound And the glosse vpon the law in the Code sayth that they be not Deanes which hasten to be called Deanes and be not Deanes when they doe not the office of Deanes Her maiestie also by her iniunctions hath ratified and coÌ„mauded the same for as much sayth shee as in these latter dayes many haue been made Priestes beeing children otherwise vtterly vnlearned so that they could read Mattins or Masse the ordinaries shall not admit any such to any cure or spirituall function Wherefore in as much as by these ordinaunces it is euident that euery minister to whome cure of soules is committed ought not to erre or be ignorant in the word of God but ought alwayes to attend to reading to exhortatioÌ„ to preaching to doctrine to edification to be of power in word and deed to instruct to informe and to comfort to rebuke to reforme and to correct to expounde the Articles of faith the tenne Commaundementes and to teache other holy doctrines concerning the loue of God and the loue of our neighbours to bee able to make others partakers of the riches of Wisedome and to bring wisedome into light and not to keepe backe the truth In as much I saye as by the lawes of our gouernement the Ministers of the gospell ought to bee indued with such qualities and beautified with such graces Let euerye one cease to maintayne anye competencie or conueniencie of learning to be in our dumbe and vnpreaching Ministers For let them reade and reade till their lippes be tyred and their eyes blinded they shall notwithstanding by their bare reading ordinarilie be no instrumentes of the holy Ghoste to woorke fayth in the hearers Nay they robbe the holy Ghoste of his proper honour and office whereby he inspireth the preachers of the Gospell with the spirite of wisedome in good measure and proportion to breake vnto the hearers meete and conuenient foode for their soules For how shall they call on him in whome they haue not beleeued And how shall they beleeue in him of whom they haue not hearde And howe shall they heare without a Preacher And how shall they preach except they be sent As it is written How beautifull vppon the mountaynes are the feete of him that declareth and publisheth peace That declareth good tidinges and publisheth saluation saying vnto Syon thy God raygneth And as touching the Idoll ministers them selues Besides those reasons there remayne many other verye necessarye for them diligentlye to looke into that so vnderstandinge their owne desperate estate they may more willinglye and duetifully yeelde them selues to be refourmed and to shake off those ragges vnder which they now shrowde them selues They are diligently to hearken vnto the Canon of Gregorie agaynst them 1. q. 1 c. Si quis neque Si quis neque sanctis pollens moribus c. If any neither adorned with holy maners neither called by the Cleargie and people or constrained by compulsion thorow loue of his owne heart or filthie intreatie of his lippes or for fellowshippe or seruilitie or fraudulent reward and not for gayne of Soules but puffed with desire of vayne glorye shall take any Bishopply or priestlie dignitie vpon him shal not euen of his own accord leaue the same againe in his life time but suffer suddain death to take him vnrepentant without all doubt he shall perishe for euer Secondly ordo non solum gratia suscipientis sed etiam altorum confertur Glos in constitu Otho de scruti in ordin ver ad An order is not conferred for his sake onely that taketh it but also for other mens sakes A minister is not called to minister to himselfe but to others to labour for himselfe but for others to be serued himselfe but to serue others And the Lorde came not to be fed but to feede others Thirdly Periculosum est ipsi ordinato quia tanquam mercinarius se ingerit non vt pastor It is dangerous to him that is rodeyned because hee rusheth in as an hireling not as a shepeard Fourthly Periculosum est subditis quibus sacramenta ministrare quos curare deberet ne diuersimode inficeret eosdem moribus exemplo It is perillous for the people vnder him to whoÌ„ he ought to minister the Sacraments and whom he ought to heale that hee diuersly infect
the glose prooueth that though an Archdeacon haue authority by his office to examine do present vnfit men to the Bishop that yet the bishop notwithstanding ought to be punished because the bishop is answerable for the fact of the examinor sithence the examination is made by his cōmandement and also for that reseruatum est episcopo ius examinādi illum Right is reserued vnto the b. to examine him examinatus enim examinatur in hiis precipue iniquibus vertitur periculum animae Glos c. ad haec ver examinentur Extrauag de offi Archid. Glos 1. l. non est A man once examined is to be reexamined especially touching those things wherein perril of soule consisteth Et factum quod est mutatur ex superuenienti causa And a deede once done is altered vpon a new cause ff de transact An Archdeacon hauing by lawe the custody of candlestickes copes and vestmentes other Idolatrous garments was remisse in safe keping these things wherevpon the Pope wrote to the Archbishop and willed him straightly to require the sayde ornamentes at his handes Extrauag de statut regul c. cum ad Monesterium § penul and further commaunded him to be punished and to make restitution if thorough his negligence or default any thing were perished in so much as by his office he was bounde to the safe custody of them Neither did he behaue himselfe Vt bonus pater familias in re sua gessisset As a good Father of an housholde would haue done in his own housholde affayres And thus farre touching the bishops vnworthily promoting vnworthy men vnto the ministerie touching vnworthy persons vnworthily promoted the decrees following tell vs what in like case shoulde be done with them Extrauag de aetat qua cap. vlt. QVAMVIS MVLTA FVERVNT c. Although manie thinges were proposed against the Bishop of Calinea yet because he him selfe hath confessed before vs that hee neuer learned Grammar neither euer had reade Donate and by euidence of the fact his ignoraunce of learning and insufficiencie is so apparaunt vnto vs that it were against God and Canonicall constitutions to tollerate so great a defect in a Bishop we haue thought good vtterly to remooue him from the execution of the office of a Bishop and also from the Administration of the Church of Calinea If it might stande with the good pleasure of the Lorde to mooue once Iehosaphat Firste with the booke of God secondly with the lawes of the Realme to make a generall visitation by men of sound and sincere religion and by men of valiaunt and stout courages I dare boldly auouch that the valewe of the first fruites of benefices that might be made voyde by the iust depriuation of vniust possessors euen by the euidence of the fact it selfe woulde amount to a greater increase of hir highnesse treasure then the best subsidie she hath leuied of them since the time of hir gratious gouernement Neither is this Chapiter impertinent to this purpose though herein expresse mention be made onely of a bishop For if you weigh and consider why the bishop was deposed the same reason is sufficient likewise to depriue any inferiour person offending in the like case The cause of the bishops depriuation was his insufficiencie and defect of learning and why then should not insufficiency and defect of learning be as iuste a cause to depriue a minister of an inferiour calling beeing infected with the same disease The charge and function of the bishop was to teach and gouerne others The same ende is allotted to euerye one that taketh vppon him the cure of soules The bishop wanting skill and abilitie to perfourme an office taken vppon him is degraded and cast out and an inferiour minister destitute of the same furniture is maintayned and kept in Againe Epis de statu Monacho cum ad Monast § Abbas ABBAS VERO c. But the Abbot whome all men ought reuerently to obey in all thinges how much more shoulde he be frequent with his brethren in all thinges hauing vigilant care and diligent circumspection that he may be able to giue an acceptable account vnto God of his office committed vnto him But if the sayd Abbot be a preuaricator or a despiser of his order or negligent or remisse let him know for a suretie that he is not onely to be deposed from his office but also some other way to be chastised considering not onely his owne fault but the fault of others is to be required at his hand And againe 18. q. 2. si quis abbas Si quis Abbas cautus in regimine humilis castus miserecors discretus sobriusque non fuerit ac diuina praecepta verbis exemplo non ostenderit ab episcopo in cuius territorio consistie a vicinis c. If any Abbot shall not be circumspect in gouernement humble chast mercifull discreete and sober and shall not shew foorth godly preceptes both in worde and example of life let him be remooued from his honour by the bishop in whose territorie he dwelleth and by the next Abbots and others fearing God notwithstanding all the congregation consenting vnto his sinne woulde haue him to be Abbot And therefore both these constitutions may serue to depriue all such ministers as in life learning maners and conuersation are like vnto such Abbots Yea and touching inferiour ministers the law hath likewise specially prouided as followeth Quod si forte necessitas postulauerit vt sacerdos tanquam inutilis indignus a cura gregis debeat remoueri agendum est ordinatè apud Episcopum c Extrauag de hereti cap cum ex But if happely necessitie require that a priest as vnprofitable and vnworthy ought to be remooued from the charge of his flocke you must ordinarily repayre vnto the bishop Againe Dictum est nobis presbiteros propter suam negligentiam canonice degradatos It is tolde vs that certaine Elders were canonically degraded for their negligence And here it appeareth sayth the glose Quod quis aeque deponitur propter negligentiam sicut propter dolum That one is as iustly deposed for negligence as for collation according to the tenor of the Canon following 1. q. 1. si qui epis Non modo pro haeresi vel pro qualibet maiori culpa sed etiam pro negligentia remouebitur He shall not onely be remooued for heresie or other greater offence but for negligence also Wherevnto also the lawes of the Empyre agree QVI NON SERVIT c. He that doth no seruice to the Church or fayneth him selfe to be a Clearke when in deede he is none he ought not to inioy the priuiledge of Clearkes but an other is to be surrogated in his roome And againe Ne argenterorum vel numulareorum munera c. 47. pag. 2. We commaunde that the charge of Bankers and such as lend exchaunge money for gaine be not left off by those which onely hastely desire
then when as the whole maner of the gouernement of the Synagogue should haue beene 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 Schismatiques and heretiques by the lawes of our religion and therefore not to haue beene 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 remooued still their ietting vp and downe in their square ruffling white philacteries or mumbling their mattens euensong are not so forcible to keep them in as their insufficiencie negligence contempt idolatrous harts are to thrust them out And yet no part of good wholsome and christian gouernment and pollicie chaunged For though Iosiah mooued by compassion beningly suffered the priestes of Baal repenting of their idolatry to receiue tithes and offerings with their brethrē the Leuites Yet he streightly charged them not to enter into the Lordes sanctuary to doe any maner of seruice there Neither did this his religious fact any whit hinder the outward peace of his kingdome Wherefore if a B. an Abbot an Archd. an elder a phisition a Iudge an aduocate a Iailor a tutor a schoolmaster an Orator and a philosopher by iustice and equity of law for vnabilitie insufficiencie negligence or other defects ought to be deposed and remooued off from their roomes places offices and honours how should a pretensed minister onely intruding him self to an office of most high calling excellency and vtterly destitute of all giftes and graces fit for the same be suffered to keepe and retaine the proper right and title of an other as his owne lawfull possession inheritance Had the worshippers of the false Gods care that their idolatrous priestes should haue knowledge of their idoll seruice and shall we the worshippers of the true God be blameles before his iudgement seat in case we mayntain such to serue him in the ministery of his holy gospel as whose seruice the veriest Paynymes idolators woulde refuse to haue in their idoll temples Cod. de epis co cleri l. Si quis curialis l. 12. And though these be sufficient proofes to euery one not adicted to his own wil preferring the same to al reason that prohibitus clericari debet reuocari ad pristinū statū per manus iniectionē that serui vitā monasticā deserente◠ad prioris domini seruitutē restituuntur Cod. de epis co cleri l. serui one prohibited to be a clark ought to be reduced to his former estate by authoritie of the magistrate and seruaunts forsaking their monasticall life to be restored to the bondage of their former maister Cod. de decoren l infamia li. 10. de dignita l. Iudices lib. 12. And that Infamia non solum impedit praefici sed etiam remoueri facit a dignitatibus habitis And infamie doth not onely hinder a man to be preferred but also causeth him to be remooued from dignities already recouered Though I say these former proofes be sufficient to confirme these assertions yet to make the matter somewhat more plaine I haue thought good to reexamine the order and forme appoynted by the former statute for the making of Deacons and ministers that if vpon examination thereof also there do appeare such a defect by statute lawe as whereby our dumbe and idoll ministers be no ministers in deede and trueth but onely in shewe and appearaunce that then therevppon order may be taken by hir 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 certaine 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 deed lawful Deacons and ministers The wordes of the statute are these And that al persons that haue beene or shall be made ordered or consecrated Archbish bishop priestes and ministers of God his holy worde and sacramentes or Deacons after the forme and order prescribed in the sayde order and forme how Archbish bishops priestes Deacons and minsters shoulde be consecrated made ordered be in very deede and also by authoritie hereof declared and enacted to be and shall be Archbishops priestes ministers and Deacons and rightly made ordered and consecrated any statute law Canon or other thing to the contrary notwithstanding Which statute hath two braunches the one appoynting the forme and maner of making Deacons and ministers the other authorizing Deacons and minsters made ordered after the forme and maner prescribed in the sayde booke to be in very 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 altogeather vpon the obseruation of the first For it is plaine and euident by lawe that if you woulde haue a seconde or latter action to be good and effectuall because it is done say you according to a forme and order precedent you must first prooue that the Precedent was accordingly done or els the consequent can take no place And therefore if the forme and order prescribed by the book be not obserued in making vnlearned ministers I say then that vnlearned ministers by lawe are no ministers at all And why ff ad leg fal l. si is qui. § quaedam Neque eum vllum balnieum aut vllum theatrum aut stadium fecisse intelligitur qui ei propriam formam quae ex consumatione contingit non dederit Neither can he be thought to haue made any bath or any Theater or any race who shall not giue it that forme which perfecteth the same Againe Vbi ad substantiam alicuius actus exigitur certa forma fundans se super alio actu debet quis probare formam precessisse Panor in ca. 9. extra de Iudicijs Where to the substaunce of any act a certaine forme is requyred founding it selfe vppon an other act ther a man ought to prooue the forme to haue passed before As for example In an euangelicall denunciation if thou seeke to haue thy brother cast foorth of the congregation First it is requyred that thy brother haue offended thee Secondly that thou priuately admonish him and brotherly wish him to amende Thirdly if he continue obstinate thou muste tell it him before two or three witnesses and if he heare not them then thou must tell it to the Church before whom if thou desire I say that thy brother by them should be cast foorth of the Churche thou muste first prooue an offence committed against thee by him Secondly and thirdly that you did both priuately by himselfe
may he lawfully exercise the Ciuill iurisdiction of an other man Again 88. distinc c. epis conc glos lib. 6. de regu iur c. potest quis EPISCOPVS TVITIONEM c. A bishop ought not to take vpon him selfe the defence gouernment and charge of Widowes and Orphanes and straungers but he ought to dispatch these businesses by some other chiefe Elder or chiefe Deacon But contrary to these Canons lawes principles our Prelates not hauing so ruly and stayed a will as were requisite make a hotche potche of the Cleargie and layetie a gally maufrey of magistracie and Ministery and a mingle mangle of Pastours and people They turne cat in the pan as we say and maintaine the tumbling of the office of a Minister vppon one of the people and the office of one of the people vpon the minister so that by this their iumbling of offices togeather there can be nothing but confusion and disorder as well in their gouernement as in their iudgement Bishops gouernment in ecclesiastical causes being â—uill that argueth the same in ciuil causes not to be good For my part if I as well knew their gouernement in ciuill causes where they may be in commission might hereafter be good as I am sure their iudgemente in Ecclesiasticall pollicie hath hitherto beene naught I woulde wishe them rather to be Magistrates in the common weale then superintendentes in the Church But because it may easely be coniectured by the fact of the one what the effect of the other woulde be it is to be wished that they still were barred from the first hauing so shamefully abused the latter For besides the manyfest contempt and abuse of all lawes positiue in force committed to their fidelities whereof in the former treatizes mention hath beene made if a man shall peruse their aduertisementes and their Canons set foorth for due order in the publique administration of Common prayer and concerning certayne offices of the Church and certayne dutyes belonging to those officers he shall finde they haue bestowed but little labour in making them and lesse fidelitie in executing them For the aduertisementes besides the preface the whole Treatise is not fiue leaues and a halfe of Paper with the subscription of their names and all In which fiue leaues their is not anye one thing mentioned and commaunded to be done but the same was either commaunded by hir maiesties Iniunctions in the firste yeare of hir highnesse raign and therefore needlesse to be repeated againe Or else is translated out of some latin Canon and so made an englishe article halfe an howres study for a bishops Chappleine Title Articles for administratioÌ„s of prayer sacraments Or els is directly against hir maiesties Iniunctions and therefore sauoreth of supremacie Or els is superstitious and therefore smelleth of Poperie And so contrary to the commaundement of the Lord. Hir maiestie by hir iniunctions commaundeth euerye Deane Archdeacon Parson and Vicar to preach in euery of his cures by him self euery moneth 43. Iniunction And because none should be excused as vnable in this behalfe she hath commaunded the bishops that none vtterly vnlearned be admitted to any cure or spirituall charge and she by hir singular and excellent wisedome accounteth him vtterly vnlearned that coulde onely reade to saye mattens or Masse but by the aduertisements and Canons the bishops pronounce it sufficient that a Parson or Vicar preach once a quarter and that not by him selfe but by an other and that one vtterly vnlearned euen as by hir wisedome an vnlearned man hath beene adiudged be admitted to the ministerie and afterwardes sent to the Archdeacon or his officiall to school and to conne his taskes of scripture and to learne his Catechisme Againe Hir maiestie hath commanded euery one to preach within his owne cure without a licence they commaunde that none preach within his owne cure except he haue a licence vnder the bishops seale The article that the minister shall weare a cope with Gospeller and pisteler agreeably smelleth rancke of superstition and as far as I can finde both against hir highnesse Iniunctions and besides the booke of Common prayer The booke of the bishops Canons is of somewhat a larger volume it contayneth 14. leaues you must consider the whole conuocation had an oare in that Boate it intreateth of Bishops of Deanes of churches of Archdeacons of Chauncellors Commissaries and Officials of church wardens of Preachers of residence of Pluralities of schoolemaisters and of Patrons of benefices In the description of which offices as it is manifest they had but little regard to the word of God so is it apparaunt also to euery one learned in the Canon lawe that for the most part they are translated thence here a pece and there a pece and all not worth their labour because if it be not againste the lawes of the Realme or preiudicial to hir highnes prerogatiue then is the same already confirmed by act of Parliament 25. Henry the 8. 25. Henry 8. c. 19. and if ther be any thing in their sayde Canons which is not thus translated out of the Canon law whatsoeuer the same is if it be good then was the very same established before by hir highnesse Iniunctions For as touching the erectioÌ„ of new offices belonging to an Archdeacon and the Bishops Commissaries and officials in teaching the ministers their Catechisme and hearing them say their lessons without booke and to take an account how they haue profited in Scripture I thinke if the prerogatiue of the conuocation house were well searched and made knowen it might not erect any new office or promulgate any new Canon without hir maiesties speciall consent first had and obtayned therevnto And I am sure that neither by lawe neither by custome this office did euer belong to an Archdeacon or his officiall before the booke of these Canons was published Booke of Canons and title of bishops Touching the not making handy craftes men and such as haue no title to liue by to be ministers and the not making any minister at any other time but when it shall chaunce that some place of ministration is voyde and that none be suffered to be occupyed in the administration of the Church that is called by the idle name of a Reader Title residence Or that is made a minister vnder the age of foure and twenty yeares or vnderstandeth not the Latin tongue hauing no giftes of teaching or the absence of the sheephearde from the Lordes flocke and diuers other thinges specified in the Bishops Canons If the translator had not beene more faithfull in his translation then the Bish in the execution a meere English man should neuer haue knowen any such thing to haue beene written in the Latine Lawe And therefore because NEMO negligens in re sua presumitur diligens in re aliena No man negligent in his owne cause can be presumed to become diligent in an other mans I can gather no
rites ensignes and ceremonies c. yet now foras much as we are certaynely infourmed that they bee altogeather Antichristian and therefore expresly against the worde of God we maye and ought to vrge the generall intendement of the statute generally to take them awaye Secondly were not the foresayde popishe rites ensignes and ceremonyes Antichristian and expresly against the lawes of GOD and therefore by this braunche of the statute might bee ministred vsed and exercised yet notwithstanding it is manifest that the sayde rites ensignes and ceremonies haue not beene appoynted by the prerogatiue of anye of the Kinges of this Realme but haue beene transferred from Italye vnto Englande by a forren and vsurped power and therefore by the seconde braunch of the statute as thinges authorized contrarye to the Lawes of the Realme are not anye more to be vsed or exercised In the time of King Henry the seconde we haue seene before that this priuiledge was graunted to Archbishops and Bishops that they shoulde holde their possessions of the King as a Baronie and shoulde be present in the Kinges courtes as other of his Barons If in these dayes they did sitte them selues in their owne Consistories and exercise gouernement by the lyke authoritie their Courtes happely woulde not be so contemptible as they bee nor their iudgement seates so abused as they are The people woulde be better quyeted in those places and offer lesse iniurie to the magistrate then now they doe And therefore I conclude that though hir highnesse and the lawes indirectly and as it were alatere tollerate these men to rule and gouerne according to those forreigne lawes whereof they haue the execution yet the more faythfull and loyall euery subiect is the more he should and doth contende to haue the whole and entyre gouernement of the Church and Common weale directly immediately and absolutely to spring from hir highnesse as from the heade and fountaine vnder Christe of all gouernement to be executed amongest hir subiectes In dooing wherof they shall dutifully and Christianly more and more mayntaine hir prerogatiue The Emperour forbidding Ecclesiasticall men to vsurpe Ciuill offices lost no whit of his imperiall prerogatiue ouer the subiectes yea rather hereby he openly declared the magnificence of his Empyre and the absolute authoritie he had ouer them and that as well by forbidding things not to be doone as by commaunding thinges to bee done Enemies of reformation enemies vnto hir maiesties prerogatiue For though he spoyled them of vnlawfull preeminences yet he enriched them with lawful liberties I know not the inward intent and meaning of such as mislike to haue ciuill gouernment translated frō Archbish Bish and Archdeacons vnto the ciuill magistrate But if I may speake that which may shrewdly be suspected they may seeme to be greater enemies to hir highnes prerogatiue then others be For though outwardly in wordes they seeme to graunt vnto hir all libertye in the disposition of ciuill offices whervnto the others do likewise agree and condiscende yet they seeme in deede to be loath she shoulde drawe the sword of hir prerogatiue cut a sunder the coards of their cōsistories They graunt hir authoritie to make them selues iustices of peace and ecclesiasticall commissioners and so wage law for hir prerogatiue An easie matter for them to stande in plausible to flesh and bloud their outwarde man delighteth with outwarde pompe and credit But suppose the case stood between the Archb. Bish and Archd. and hir maiesty for hir prerogatiue in abolishing their iurisdictiō trāslating the same to others that the matter were to be decided by the gretest part of their own voyces that their voyces were to be giuen in scrutiny not any waies to be knowen who had giuē his voice with or against hir prerogatiue in this case I feare me rather then their Lordeshippes shoulde take the foyle they woulde lay hir prerogatiue in the dust selfe loue woulde haue a strooke and fleshe and bloud woulde be loath to loose any liberty The history of Henry the fifth and the Oration of Henry Chychuby Archbishop of Caunterbury made in the Parliament house to alienate the Kings minde and to disswade his Nobles from the enterprise whereof hee and they had consulted touching the ouerthrow of irreligious houses and to draw their endeuours to make warre and to leauie an armie against the French king might be a forcible argument to anye to perswade him selfe the same thing in this case though he had no other reason to induce him therevnto But the vnciuill intreaty of hir highnesse owne schollers elected by hir gratious commaundemement from Westminster to hir owne Colledges in Cambridge and Oxenforde euen by such as would seeme in words to set vp mightie propes vnder hir prerogatiue argueth manifestlye the same thing For otherwise hir maiesties schollers in all respectes as well qualified as their owne and alwayes elected halfe a yeare before their owne might once in the space of twenty foure yeares though not for their owne sakes yet for their honorable Lady and mistresse sake haue receiued some more fauourable intertainment and preferment in those houses then hitherto they haue done The maisters of those houses woulde not haue placed them next vnto the screene and set them next vnto the Porters lodge as by elections vnto fellowships in the one schoolerships in the other they a long time haue doone Whereas on the contrary side it is apparantly knowen that sometimes the Dean of Christ church in Oxenford a great friend to reformation and a man for his excellent knowledge and wisedome in gouernment singularly commended euen by his enemies in these small matters gaue an apparant and rare example of his humble dutie and loyaltie vnto hir highnes For the reuerent estimation he had caryed of vnto hir highnes ordinance and institution he placed a scholler sent thither by hir maiesties appointment firste and senior vnto all those that were elected into the house at that time he him selfe brought the same hir scholler to his chamber and placed him in a Chamber and studie commonly appoynted for the ancients of the house all his owne schollers were inferior vnto hirs and placed beneath hirs Since the departure of which man if the Audite or butterie bookes of that house were sought you shall finde hir schollers names written alwayes in the latter ende of the booke the last of forty and placed after his scholler whom hir highnesse but the day before had preferred to be a Deane or prebendary in that house The Deanes schollers they goe and sit and are placed foremost the prebendaries in the middest and hirs hindermost and if they were to go a procession as in the time of popery hirs must go foremost as vnworthiest to go next to the crosse And because hir maiestie sometimes by hir letters heretofore requested the Deane and chapiter to receiue into hir Colledge such as she thought meet to be placed Now forsoth to preuent hir bountifulnes
he that ineucteth him after this sort shall haue of him that is inducted necessary expences and such as are agreeable to his estate and calling vnder the moderation limited vnto the Archdeacon him selfe or his officiall if either of them had personally made any such induction Prouin lind de censib c. item licet ILLVM ARCHIDIACONORVM c. We detesting that abuse of the Archdeacons and their Officials and other Ordinaries whereby they exact of the Priestes appointed to celebrate in their iurisdictions before they doe celebrate a certayne and excessiue sume of money vnlawfully conuerting the liberalitie wherewith such Priestes were wont to content them selues receauing but one peny of Clearkes registring their names in their recordes vnto a confiscal exaction of sixe pence or there aboutes We ordayne that from hencefoorth of the sayde Archdeacons and other Ordinaries or any of their ministers vnder payne of suspencion from the celebration of diuine things by any meanes presume not to receiue of the sayde Priestes aboue one peny For the which there names must be registred in their first admissions Lind. de censib c. saeua A cruell and miserable greedinesse hath inuented that vnmeasurable exactions for letters of institutions of Clearkes admtited vnto ecclesiasticall benefices for letters of orders for labour of writinges and for seales are oftentimes made the Canon disalowing the same saying as it becommeth not a bishop to sell the imposition of handes so it is not decent for his minister to sell his quill Moreouer the Clearkes of Archdeacons and their Officials and other ordinances refuse to deliuer the certificates of inquisitions made vppon vacant benefices vnlesse they first haue an excessiue some of money for writing We therefore willing to abolish this abase haue determined by the aduise of this present counsel to ordayne that for the writing of the letters of inquisitions institutions or collations and commissions to induct or for the certificates of the same into their benefices the sayd Clearkes receiue not either by them selues or by others aboue 12. pence And for the letters of euery holy order the sayde Clearkes neither by them selues nor by any other shall receiue aboue sixe pence In other things let the Ordinaries themselues be bound to allot stipendes for their ministers and officers wherby they may iustly be satisfied But for sealing of such letters or to the Marshals for entring into the house or to the Portors or doore keepers or Barbers we will that nothing at all be exacted or payde by any coulorable intent least the payment for seales os letters or enteraunces aforesayd be turned vnto a damnable gaine Bishops and bishops men not a few are suspended by this Canon And this we ordayne vpon paine of double to be restored within one moueth Otherwise the Clearkes that refuse to restore double let them know them selues to stande suspended from their office and from their benefice And now generally to conclude It were not amisse in my simple vnderstanding that the whole Church made humble supplication vnto her excellent Maiesty and her honourable Counsaylers that the Iudges of the Land might bee consulted vppon the validity of the former act of Parliament and that it might bee knowne whether the foresayde Cannons established thereby or any of them be in force and if so that then her Maiesty woulde vouchsafe gratiously to take the Church affayres into hir owne handes and by hir commisson Ecclesiasticall appoynt such honourable and faythfull men as are not in the ministerie to examine the bishops proceedinges Viz. Whether they haue made any criminous and vnlearned ministers Whether they haue suffred any such men to remaine in the ministery all the tyme of her maiesties raigne Whether the Archbish haue dispenced in any matter or cause contrary to the word of God Whether the pastor of euery congregation be suffered to execute the discipline of Christ authorized by Act of Parliament Whether the Archbish bish haue sat in matters of blood Whether they haue made a minister without a title allowing him whereon he might liue Whether he haue made anye in his owne Diocesse without licence from his felow bishops Whether he haue receiued any money for letters of orders institutions or suffered his Archdeacons to do the like for inductions Whether he haue receiued money for excommunication and absolution Whether he haue set out his bishopprick or any part of his iurisdiction for an annuall rent Whether he haue not suffered his chiefe houses of resiaunce to fall into dilapidations Whether he haue not admitted vnto anye benefice the sonne of him whose father was placed in the same benefice before Whether hee suffer none to bee non resident but where the euident necessitie and vtilitie of the Church requyreth Whether he haue promulged and executed any Canon or iniunction without hir maiesties writ and royall assent Whether he haue personally visited the Churches of his Diocesse onely vpon iust cause and not for gaine whether a minister haue not by commoÌ„ right Act of Parliament a lawfull calling in the ministery and such a calling as from the which the bishop maye not remooue him without some speciall cause Whether an Archbishop or bishop by vertue of his Archiepiscopall or Episcopall authoritie may promulge or execute any Canon or Iniunction vnlesse it be made in conuocation summoned by hir maiesties wryt and authorized by hir royall assent Whether a murtherer or theife be vsually compellable vpon his oth to detect his murther or fellony Whether an Archbishop or bish may lawfully bring vppon hir highnesse leage people an inquisition sifting them with othes what fayth deuotion or maners they professe Especially the sayde people liuing in outward obedience of hir highnesse positiue lawes And if not then whether an Archbishop or bishop may lawfully vrge the like touching matters onely of discipline and ceremonies and commaunde hir sayde people by vertue of their othes to declare what when where or how they haue spoken or preached out of the word of God the truth of God touching the same Whether a preacher onely vpon occasion of his text teaching the people that weomen by the lawe of God may not baptize or that by the same lawe a Deacons office is not to preach may bee iustly condemned to haue preached maliciously against the booke of common prayer the sayd preacher not once mencioning in all his sermon one word of the sayd booke Whether a preacher of the Gospell borne within hir maiesties Dominions haue not freedome of an English Citizen to challenge the benefit of hir highnesse lawes for the defence of his person fame goodes landes and liuinges Whether a preacher of the Gospel fearing some vniust vexation of his Diocesan may not complaine into hir highnes court of Chauncery and haue hir maiesties writ Quia timet against the sayde Diocesan Whether a preacher of the Gospell may not lawfully haue his bill of complaint admitted by the honorable Counsellours Peares and Lordes of the Starre chamber against his Diocesans iniurious intreaties and contemptes of hir highnesse lawes Whether some kinde of writ out of hir highnesse other temporall Courtes may not lye as well against a Diocesan for proceeding against a preacher of the gospell contrary to common or statute lawe or contrary to hir highnesse prerogatiue royall as some kinde of writ doth lye against an Archbishop for proceeding against some other of hir highnesse liege people contrary to the intent of the statutes prouided against vsury periurie payment of tithes and such like Whether an Archbishop may sing a note aboue Aela and lawfully exercise an absolute power within hir maiesties Dominions Whether a minister admitted by the order of the booke of king Edwarde the sixth be not presently a lawfull minister and may preach in his owne cure with out any licence in writing from the Bishop Whether licences graunted by hir maiestie or hir maiesties ecclesiasticall Commissioners or any of the Vniuersities be at any time reuocable by an Archbishop alone Whether any licence for mariage without banes asking be lawfull or no and whether banes asking be of necessitie required by the booke of Common prayer Whether any commutation of penance be lawfull Whether a meere lay man no doctor of the ciuil law may be a chauncelor and so excommunicate Whether a meere laye man no Doctor of the Ciuill law may be a bishops register contrary to an Act of Parliament Whether it be lawfull for a symoniacall excommunâ—…cat and irreguler person to bee a ludge or no And 〈◊〉 an Archbishoppe be such a person whether he may resort to the Pope to be absolued or no or where or how he may be absolued Faultes escaped PAg. 12. li 29. for leaue these read leaue the seate pag. 12. li. 33. for he shall be in read be in pag 13. l. 24. for by the popes act of parliament read made by the pope coâ—…med by act of parliament pag. 14. l. 12. for he is deposed read he deposeth pag. 14 l 35. put a before certain pag. 14. l 13 for functions read fâ—…ns pag 18 l. 28. for correcteth or improoueth rea to correct and improoue pag 20. l. 35. read and that it did not concern the honor of the Sonne of the most pag. 22 l. 7 for 4 read 1â— articles pag 23. for corruptions read occupations pag. 33. l. 3 for the minister chargeth read the minister at the Bâ— instance chargeth pa. 56 l. 11. for that they read that the â—… pa 75 for collation read collusion pa. 71. l. 35. for curall rea â—urall p 79 l 15 for dicit rea dicere p. 79. l. 27. for oâ— yet a consent rea nor yet consent pa 82 l. 18. for partâ— rea pacta pa. 161. l. 9 for reputari idoneas rea reputare idoneâ—… pa 101. l 27. for this plurality man rea a plurality man pag. 103. l. 8. for harly rea Carlile pag. 103. l. 35. for canon rea common pag 151. for petion rea petition p 157. l. 5. for passion rea possession pag. 173. l. 27. for runneth thee rea runneth against thee pag 175. l. 25. for of sufficient rea of no sufficient pa 222. for seruants rea tenaunts pag. 141. l 25. for Abbot rea Abbiâ— pa. 169. for of excommunication rea of sole excommunication p. 122. l. 10. for Moses rea Ioâ—hua and pag. 122. l. 12. for Ioshua read Ioshuas 〈◊〉
matter of farre lesse wayght then this Quod inconsultò fecimus consultò reuocamus That which wee vnaduisedly haue done wee aduisedly will reuoke and vndoe And Sir for your part it is very necessarie and expedient for you that wee depose you in deede because Tanto grauiora sunt tua peccata quanto diutius infelicem animam detinent alligatam So much more grieuous are your sinnes by howe much longer they haue your vnhappie soule fettered with their boultes To doe this or the like were in my simple vnderstanding a noble and famous practise of a good and godly Byshoppe labouring to procure peace and prosperitie vnto Ierusalem What may a Byshoppe depriue an honest poore man from his benefice dispossesse a faythfull man of his ministerye stoppe the mouth of the Lordes watchemen and imprison a paynefull teacher in the Clincke in case hee weare not a Surplesse in case hee marrie not with a Ring in case he crosse not in Baptisme or in case hee subscribe not to euerie newe Article inuented by his Ordinarie And may not the same Byshoppe remooue a man that hath openly played the hypocrite publikely falsifyed his worde ympiously committed sacriledge yea and that which is worse hath made an open mocke at the Lawe of GOD and deluded the Lawes of her Highnesse Empyre Is the firste a lawlesse and rebellious PVRITANE I vse but their owne tearmes and is the seconde a dutifull and loyall vassall If a PVRITANE as they call him making conscience not to offende his God in any small thing for his conscience sake bee worthie to bee whipped and excommunicated is a Foolitane making no conscience to offende his GOD in all thinges not worthy once to be summoned Etrauag de elec c. cum dilectur Concerning an olde obiection perhappes by some olde Canoniste to bee obiected that euerye sentence of the Bishoppe whereby hee pronounceth anye man fitte and capable of the ministerye is a definitiue and irreuocable iudgement in case no appeale bee made from the same though my former aunswere were sufficient for the same election yet to aunswere LAWE with LAWE I answere with the glosse that propter aliquam causam post à emergentem potest quaeri quia quae de nouo emerguut nouo indigent auxilio ita semel probatus iterum probatur reprobatur For some cause afterwardes arysing inquisition may bee made because thinges newly happening doe want a newe supplie and so one beeing once allowed may againe be allowed and disalowed And therefore to cōclude if such as bee in authoritie loue the peace prosperitie of the Church of Christ if they desire the good successe of the Gospel if they will preserue the state of this Realme if they thinke it necessarie to haue good Magystrates to haue good Lawes and orders in a common wealth If they esteeme learning and seeke to prefer it If they hate confusion if they allow of their owne conditions like of a kingdome better then of a tyrannous state then are they to prouide betime some speedie remedie for these such like kinde of men and such maner of abuses And if the religion they haue established be good if the orders and lawes they haue made be conuenient it standeth them in hand to see the same reuerently receiued and executed and not openly to bee contemned and broken without sharpe and seuere punnishment they are not to suffer such as execute them not to be vncontroulled vnrebuked and vnpunnished they are not to suffer such as speake for them preach for them call for them and write for them anie more to be checked tanted frumped and shopped vp eyther let their lawes be lawes indeed and maintained as lawes or els deliuer vs from our dueties in desiring their execution and obeying them If by these former conclusions any shall surmise that by them I slylie and couertly as one captious ouer the whole state of the Church should insinuate no lawfull ministerie to bee in England because some one of these points perhaps haue bene are daylie omitted in making euen the beste men that are in the Mynisterie at this daye I aunswer touching as well the whol Church as the learned and vnlearned minister the preacher and him that is no preacher the pastour and him that is no pastour I aunswere I say touching them all as followeth First I confesse that our Lorde Iesus Christ hath a true Churche and a faythfull spouse in England receyuing the doctrines and Sacramentes of Christe publikely taught and administred in the Churche of England wherein we haue ELIZABETH by the grace of God Queene of Englande Fraunce and Ireland a foueraigne a sole and a lawfull gouernesse in all causes and ouer all persons Ciuill and Ecclesiasticall Moreouer I confesse that the doctrines deliuered vnto hir out of the word of God by the ministers for the abolishing of all and all maner superstitions and abuses retayned in the Church and for the establishing of a perfect gouernement of the sayde Church ought to be faithfully embraced and diligently put in execution by his Maiestie according to the prescript rule of the blessed worde of God And againe that the ministers ought euermore in a reuerent and holy feare to teach what so euer they know to bee commaunded or forbidden by the same worde and to shew the daunger as well to the magistrate as to the people if either or both of them shall be negligent or remisse in the Lordes seruice And againe that the people in all holy and honourable obedience should yeeld vnto the magistrats and ministers all such loue reuerence feare and obeysance herein as the Lord by his sacred word prescribeth and their own saluation requireth Againe that neither the magistrate without true instruction from the ministers Nor the ministers without due authoritie from the magistrate ought to wrest any thing into the gournement of the Church For both offices and gouernments Magistracie and ministery are very holy and honourable beeing seuerall tend to seuerall endes and bring foorth seuerall euents in the administration and gouernment of the Churche the one is the mouth the other is the hand of God the one by worde the other by swoord ought to execute the Lordes iudgementes in the Lords house The Prophet Esay at the commandement of the Lord teaching that the Princes of Iudah and Ierusalem should cast away the rich ornamentes of gold as a menstruous cloath did stay him selfe with the publishing of this his doctrine he onely refourmed him selfe and taught and exhorted others to doe the like The Prophet Ieremy vsed onely this weapon of reformation Of a truth sayth he the Lord hath sent me vnto you to speake all these wordes in your eares he hath sent me to prophecie against this house and against this Citie al the things that ye haue heard as for me behold I am in your handes do with me as ye think good and right And though Iehoiakim the king with all his men of power the