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

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teaching that the princes of Iudah and Ierusalem should cast away the rich ornaments of gold as a menstruous cloth did stay himselfe with the publishing of this his doctrine he onely reformed himselfe and taught and exhorted others to doe the like The Prophet Ieremy vsed onely this weapon of reformation Of a truth sayth he the Lord hath sent me vnto you to speake all these words in your eares he hath sent me to prophesie against this house and against this citie all the things that ye haue heard Pag. 94 as for me behold I am in your hands doe with me as ye thinke good and right And though Iehoiakim the King with all his men of power the Priestes and the Prophets s●ewe Vriah with the sworde yet ceased not Ieremiah to stande in the Court of the 2. King 2● ● Lords house to speake vnto all the cities of Iudah all the words that were commaunded him to speake and kept not a word backe When Hilkiah the Priest had found the booke of the lawe and caused Iosiah to reade the same it is written that the King stoode by the piller and made a couenant before the Lord that he the King and the Priestes and the Prophets and all the people both small and great shoulde walke after the Lorde and keepe his commaundements and his testimonies and his statutes with all their heart and with all their soule And that the King commaunded Hilkiah the high Priest and the Priestes of the second order to bring out of the Temple of the Lorde all the vessells that were made for Baal and for the groue and for all the hoste of heauen and that He King burnt them without Ierusalem in the fieldes of Kidron and that the King carryed the powder of them into Bethel and that He put downe the Chemerym and that He brake downe the houses of the Sodomites and that He brake the images in peeces c. When the spirite of the Lorde came vpon Azariah to tell Asa and all Iudah and Beniamin that the Lorde was with him whilest they were with him encouraged them in their affliction to turne vnto the Lorde God of Israell for that their confidence and trust in him should not be frustrate but haue a rewarde Asa hearing these wordes of the Prophet was encouraged and tooke away all the abhominations out of the lande of Iudah and Beniamin And King Asa deposed Maachah his mother from hir regencie Pag. 93 And Asa 2. Chro. 15. brake downe hir Idoll and stamped it and burnt it at the brooke ●idron and King Asa did all these thinges at the counsell of the Prophet Neyther can the holie doctrine of the Gospell be sayd to be repugnant herevnto God is euermore one and the selfe same God in all ages he is euermore the author of peace and order not of discord or disorder If therefore the Lord haue not yet graciously opened hir Maiesties eies to vnderstand all and singular misteries of his Testament or if he will some blemish to remaine in the gouernment of a faithfull Queene vnder the Gospell as it pleased him to haue blots in the raigne of good Kings in the time of the law or if he will that the aduersaries of Iudah and Beniamin hire counsellers to trouble their building hinder their deuise all the daies of Cyrus or if he will the Temple to be built in the daies of Esra the chiefe Priest but the walles to be reedified by a Eliash●b and his brethren or if he will haue his Church tary his holye leasu●e and appointed time or if he haue any other glorious purpose to worke in our dayes by her Highnesse what is that to him that is a Minister of the Gospell Onely it behoueth him to be a faithfull Steward in his function For an woe hangeth ouer his head if he preach not because necessitie is layd vpon him And let him be assured that whatsoeuer is either bound or loosed by him in earth the same is bound and loosed by the Lord in heauen The repentant and faithfull shall be forgiuen the obstinate and impenitent shall be hardened And thus hauing deliuered my mind touching these things which otherwise by sinister construction might haue bene daungerous to my selfe and offens●ue to others Touching the former cauill I answere as followeth First I confesse that euery one meete and apt to teach that euery one qualified as is requisite that euery one moued inwardly by the holy Ghost and outwardly called and appoynted by the Bishop hauing authoritie by the order of this Church of England in this behalfe is Pag. 96 in deede and by lawe a Minister First because he is in deede and truth a Messenger sent and appoynted to this office by the Lord himselfe Secondly he is a Minister by the lawe of this lande For the state of this man learned qualified and inwardly called and the state of the vnlearned and vnqualified and not inwardly moued differ as much as light and darkenesse For where the life the learning the conuersation the paines of the former doe appeare in deede to be sincere sufficient honest and diligent euen such as the lawe it selfe requireth should be in him and so the ende of the lawe satisfied in that behalfe in this case and for this man there is a presumption Iuris de iure of lawe and by lawe that in his outward calling and tryall c. all things required by lawe were accordingly performed by the Bishop and so he a lawful Minister But touching the other man it is quite contrary and therefore this presumption by law must cease For where his life his learning his conuersation doe appeare manifestly ●los extrauag de prebend cū secundum As postolum ver ●eeat to be vile corrupt and vnhonest and not such as the lawe requireth and so the lawe frustrated in this case there is a presumption Iuris de iure of law and by law against him that he came to his office per surreptionem by stealth and vnorderly Letters obtayned for enioying benefices vntill it appeare they were obtayned either veritate tacita or falsitate expressa truth concealed or falshood expressed are good and to be obeyed but if afterwards either of these appeare they shall be accounted surreptitious and voyd A Bull or dispensation from the Pope authentically sealed is presumed to haue beene gotten bona fide in good faith but if in the tenour thereof appeare false Latine it is then presumed to haue beene obtained per surreptionem A sentence giuen by a Iudge is presumed to be a iust iudgement and euerie one for the authoritie and reuerence of the Pag. 97. Iudge ought so to deeme of the same But in case the matter be appealed and there be found a nullitie in his processe the former presumption ceaseth and the sentence as an iniurious sentence is to be reuersed In like manner if a Bishop should make an hundred ministers in one day for the authoritie
Extra de off ●●ed ord c. inter caete ra of God is knowne to be most necessarie for them because that as the bodie with materiall so the soule with spirituall foode is nourished for man liueth not by bread onelie but by euerie worde that proceedeth from the mouth of God Pag. 25 And that this and the former might be diligently executed to meete with the carelesnesse of Pastours in doing their duties there is a speciall ordinaunce made for the inquisition of the offenders herein as followeth DE PVBLICATIONE ARTICVLORVM c. Touching Iohan. Peccham de offic archi the publication to be made of such articles whereby a man forthwith doth incurre sentence of excommunication let the Archdeacons make diligent inquisition and as often as they shal find the Elders not to haue preached or published at the times appointed the morall instruction of the 14. Articles of faith the 10. commandements of the decalogue the 2. commandements of the gospel c. so often let them rebuke them and by chastisement and some canonicall punishment compel them to supplie that which rashly they haue omitted Hence may aptly and necessarily be inferred that he Competent knovvledge is a knovvledge to preach may be said to haue a competent knowledge that hath knowledge to preach otherwaies not preaching should not be punishable And to this ende tendeth that which is written before namely Exigit ars nostra catholica c. Our catholike religion requireth that in one Church be one perfect teacher in knowledge and doctrine And as the glose in the same place saith Absit ergo quod sic perfectus sit vt ad Glos ibi ver scientia lileram dicere possit illud Hier cap. 1. à à à. Domine Deus nescio loqui quia puer ego sum God forbid that he should be so perfect as that by rote he were able to say a a a Lord God beholde I can not speake because I am a Childe but this perfection ought to be such as the glose telleth you in the same place in these wordes Pag. 26 AD MAGISTRVM c. To a Maister or teacher Glos ibi ver abseue magistro pertaineth that which is written in the sixt of VVisedome I will bring wisedome into light and will not keepe backe the trueth And in the same booke the 7. chapiter As I my selfe learned vnfainedly so doe I make other men partakers of her and hide her riches from no man that that may be verified of him which is written in the 28. Iob. He searcheth the deapth of the floudes that i● the secrets of the Scriptures and the thing that is hid bringeth he to light And Rebuff affirmeth that Penîtus illiterati dicuntur qui nesciunt officium facere ad quod t●nentur They are saide to be altogither vnlearned which cannot performe the duetie whereto they are bound And the glosse vpon the lawe in the Gode saith that they be not Deanes which hasten to be called Deanes and be not Deanes when they do not the office of Deanes Her maiestie also by her iniunctions hath ratified and commaunded the same for as much saith she as in these latter daies manie haue beene made Priests being children and otherwise vtterly vnlearned so that they could reade Mattins or Masse the Ordinaries shall not admit anie such to anie care or spirituall function Wherefore in as much as by these ordinaunces it is euident that euerie Minister to whome cure of soules is committed ought not to erre or be ignorant in the word of God but ought alwaies to attend to reading to exhortation to preaching to doctrine to edification to be of power in word and deed to instruct to informe and to comfort to rebuke to reforme and to correct to expound the Articles of faith the tenne Commaundements and to teach other holie doctrines concerning the loue of God and the loue of our neighbours to be able to make others partakers of the riches of wisedome and to bring wisedome into light and not to kecpe backe the truth In as much as I say as by the lawes of our gouernement the Ministers of the Gospell ought to be indued with such qualities and beautified with such graces Let euerie one cease to maintaine anie competencie or conueniencie of learning to be in our dumb and vnpreaching ministers For let them reade and reade till their lippes be tired and their eies blinded they shall notwithstanding by their bare reading ordinarily be no instruments of the holie Ghost to worke faith in the hearers Pag. 27 Nay they robbe the holie Ghost of his proper honour and office whereby he inspireth the preachers of the Gospell with the spirite of wisedome in good measure and proportion to breake vnto the hearers meete and conuenient foode for their soules For howe shall they call on him in whome they haue not beleeued And howe shall they beleeue in him of whome they haue not heard And howe shall they heare without a Preacher And how shall they preach except they be sent As it is written how beautifull vppon the mountaines are the feete of him that declareth and publisheth peace That declareth good tidings and publisheth saluation saying vnto Sion thy God raigneth And as touching the Idoll Ministers themselues Besides those reasons there remaine manie other verie necessarie for them diligently to looke into that so vnderstanding their owne desperate estate they may more willingly and duetifully yeelde them selues to be reformed and to shake off those ragges vnder which they nowe shower them selues They are diligently to hearken vnto the Canon of Gregorie against them Si quis neque sanctis 1. q. 1 c. Si quineque pollens moribus c. If anie neither adorned with holie manners neither called by the Cleargie and people or constrained by compulsion through loue of his owne heart or filthie intreatie of his lippes or for fellowshippe or seruilitie or fraudulent rewarde and not for gaine of soules but puffed vp with desire of vaine-glorie shall take any Bishoply or Priestly dignitie vppon him and shall not euen of his owne accord leaue the same agains in his life time but suffer sodaine death to take him vnrepentant without all doubt he shall perish for euer Pag. 28 Secondly Ordo non solùm Glos in constitu Otho de seruti in ordin ver ad gratia suscipientis sedetiam aliorum confertur An order is not conferred for his sake onelie that taketh it but also for other mens sakes A Minister is not called to minister to himselfe but to others to labour for himselfe but for others to be serued himselfe but to serue others And the Lorde came not to be fedde but to feede others Thirdly Periculosum est ipsi ordinato quia tanquam mercenarius se ingerit non vt pastor It is daungerous to him that is ordained because he rusheth in as an hireling not as a sheepherd Fourthly Periculosum est subditis quibus sacramenta
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
something to be recalled backe from their fantasticall breaches of the lawfull vnitie and vniformitie of this church too long by them vsed to the great animating of the papist and that none of his priuate hot apologies for them do giue anie sufficient colour of law or equitie to protect them dooth now thinke he shall be sufficientlie therfore reuenged by beating back one naile with another and by obiecting breach of lawe also vnto those graue Fathers whome hir Maiestie hath put in authoritie for reducing of others to conformitie of hir lawes ecclesiasticall Whose faults and ouersights if any such be as are supposed as they are not by themselues defended or by others to be excused so in christian charitie ought they not in this manner as Cham did his fathers nakednesse to be laid open and Quasi in scena insulted vpon to the thrusting through of religion by the sides of the ancientest learnedest and most godlie professors thereof Neither dooth it become euery triobolar mate thus couertlie to carpe either at hir Maiesties singular wisedom who with the aduise and assistance of hir renowmed wise Conncell hath made choise of those Fathers as hauing more integritie and sufficiencie than he is willing by any meanes to agnise or at the lawes of the land by parlement heeretofore established where they satisfie not his appetite not onlye disputing against them but ouer-ruling Quasi ●●nsoria virga in what manner they ought to be altered according to his deepe iudgement or so dangerouslye to enforce so great innouation or yet so spitefully to sow seeds of dissention amongst the Great men of the land Which course of his if others should vpon this occasion begin to vse against himselfe and those whome hee so affecteth by setting downe out of their speeches preachings and writings grosse absurdities and dangerous errors in opinion and by theyr practise the vyolent breaches of sundrye lawes and statutes of this realme not committed vpon ignorance or frailtye but stoutly stood vnto and mainteined I do coniecture that both he and they would quicklye repent them for offering to put their matter to triall vpon such an issue But it is well knowne to children that although it is * 3. q. 7. c. quisine c. iudicet c. postulatus most conuenient for him to be free from blame who is ready to accuse or iudge another yet one mans fault is not any warrantise for another man to doo amisse and yet howe little hee hath found or effected of that which hee hoped for and Tanto cum hiatu promised the discourse following shall I hope in parte make manifest IN his Epistle to the Reader is pretended these paines of his cheeflye to haue beene vndertaken that By better execution of these lawes many and notable pointes of such controuersies as haue beene a long time amongst vs might more easilye and speedily by the same lawes he decided By which controuersies and contention about Reformation of Ecclesiasticall discipline and popish ceremonies he sayth The quiet and peaceable estate both of the church and common-wealth haue beene shrewdlye troubled and brought in hazard Surely though his wish of excommunication not to be inflicted by one alone would if it were expedient put some of them in a kinde of Paradise of obteining their souereigntie of seniors in euery parish the want whereof breedeth these threats of hazard to the common-wealth and which is the onely thing they meane by Reformation of ecclesiasticall discipline and the Helena which they contend for naie the popedome which they gape after as though no other course this now in vse being once abrogated could be taken or deuised but that yet can I not conceiue but their seniors which will sometime intermeddle vnder pretense of conscience or charitie with euery kinde of matter most ciuill euen to the reuersall of iudgements as is notorious where that consistorie is settled shall leese as much another way if all matters nowe handled in ecclesiasticall courts should * Pag. 234. according to this mans deuise as meere ciuill causes bee haled away from them vnto the temporall courts As for all the other points of the booke if this turbulent Tribune might of his absolute power inspire them with the life of lawes they would no more do good vnto his clients about their breaches or impugnings of the booke of Common prayer or for their hot skirmishing with the ceremonies of our church odiously by him termed Popish than 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or the smoke of a hot ladle would do good to a man that is hungrie And therefore herein he hath not otherwise than by tickling factious humors which are delighted to heare their betters girded any ●ot pleasured His brethren and neighbors for whose sakes hee hath atchieued this doutie peece of worke Another cause is alledged for the enterprise of this worke The defense of hir Highnes lawes How many of these by him brought are to be called in trueth hir Maiesties lawes in force remaineth to bee discussed But how agreeth this with that * Pag. 238. part of his booke where he calleth these hir Maiesties lawes and all The ecelesiasticall law popish to be abandoned and as a froth or filth to be spewed A contrarietie in the author out of the common-weale that hir Maiestie cannot gratifie hir capitall enimie so much as by authorising and practising his lawes that it were not a dodkin matter all the bookes thereof were laid on a heape in Smithfield and sacrificed in a fire vnto the Lord c. Such faults as these being 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 will seldome be wanting In multiloquio But I pray God send hir Maiesties lawes better patrones than such as in a published booke dare dispute against sundry of them father such for lawes as be not and which he himselfe in a generality dooth condemne and which fostereth and cherisheth manifest and wilfull breakers of hir Maiesties lawes in deed and also inueigheth bitterly against such as according to law and trust reposed in them by hir Maiesty do seeke to reforme and reclaime such offendors of lawe from their former contempts in despight of whom and in fauor of such wilfull law breakers all in this booke to haue beene written a man which hath but halfe an eye may easilie discerne and not In defense of hir Highnesse lawes as hypocriticallie is auouched neither yet for any Peace and prosperitie in the wals and palaces of Ierusalem which I praye God by other better meanes than this to grant to this church vnder the long peaceable and prosperous gouernement of our souereigne Ladye Elizabeth for his Christes sake Amen The Booke Pag. 1 2. WE read of some politike capteines of this our countrie that haue partlye vsed the arrowes shotte shorte at themselues against theyr enimies and partlye haue suffered them to sticke still to annoye theyr fyrst owners at the ioyning of the battell euen so our author is heere content verye politikely to alledge against vs the
hir Highnes as to grant hir this libertie it may please him besides the fourth iniunction before alledged to peruse the 27. and 53. iniunctions where expresselie all parsons vicars and curats are inioined to read some homilie when there is no sermon whom I trust he will not therfore conclude either to be all deacons or to transpose without authoritie the office of their fellow-seruant vnto themselues But to tie the reading of homilies vnto deacons is so farre from all apparance or colour of truth that in the selfe-same place where he curtailed rather than abridged the office of the deacon the booke setteth downe that it is a part of the deacons office to read holie scriptures and homilies in the church Where he shall be appointed to assist the priest not thereby that the priest is excluded from reading scriptures and homilies if he so thinke good or be commanded and therefore much lesse where no such deacon is appointed to assist the priest And if this new topike place were allowable then hereof we might reason thus Bishops as this man hath confessed afore by the ordinance of the realme are to execute discipline Ergo the inferiour His argument recorted against himselfe minister being another distinct officer may not transpose it to himselfe as in the other section he auouched Also ministers are to preach Ergo Bishops being of a distinct office may not preach contrarie to all that which afore he hath spoken against dumbe prelats Againe Deacons are by their office by law set downe to instruct the youth in the catechisme to baptise and to preach if they be admitted thereto by the Bishop Ergo ministers being a distinct office from deacons and statutes being strictlie to be interpreted are neither to catechise baptise nor preach by his owne doctrine and where is then his learned ministerie And therefore I take it that I may safelie conclude without offense to his wisedome that either héere he doated or else he hoped his readers would be such affectionate dotards as that he might with anie shew or vizard of likelihod as héere or by racking wringing wresting and curtailing as in diuerse places else-where without their further looking vnto him how plainelie he dolte easilie abuse them 20. Section Pag. 40 41 42 43. NOw in this section to make the matter in his behalfe séeme more probable against the Bishop he frameth a silie answer God wot in his name that Seeing by statute he onelie hath authoritie to make deacons and ministers and to gouerne them that therefore it beseemeth a minister no otherwise to preach than as he shall be licenced therevnto by him the Bishop But yet bicause this fiction was so apparentlie vnprobable he was content also to temper it thus Otherwise than according to the forme of the booke And indéed I cannot sée but that this may and ought to staie any from enterprising to preach in a setled church as this is sauing such fanaticall spirits as will shooue them-selues into the office of preaching without any externall and lawfull calling seeing that in this church of England this booke is the onelie externall forme we haue of calling men into any function in Gods church Now touching the former matter Whether the Bishop might commit the reading of homilies to the minister bicause our author warilie foresaw that both the iniunctions and aduertisements published by sufficient authoritie would to this purpose be alledged he séeketh to vntie that knot thus Bicause That he saith which was confusedlie and indistinctlie appointed in them to be done by parsons vicars and curats whereof as it fell out some were deacons and some ministers is now by this statute made 8. Elizabeth after both the other bounded and limited so that euerie proper office should be allotted to his proper officer But by the way he scattereth a riddle as he runneth when he saith The iniunctions aduertisements articles and this statute dooth bound and limit the meaning of the iniunctions and aduertisements yet I thinke he meant onelie that the statute bounded the meaning of the other two and therefore she was to blame that taught him so long to go before he had learned to speake well For the vntruth of this allotment of euerie peculiar function to his proper officer although some are peculiarlie tied vnto one and not attributed to any other I referre the reader to the booke it selfe and to that which was said in the last section And so I doo this which a little after he gathereth Ex vno absurdo quasi concesso That the office 〈◊〉 of the deacon is onelie to read the scriptures and homilies by that statute Now to open more fullie the vanitie of this surmise as though the statute 8. Elizabeth ment to redresse reading of homilies by ministers thorough making a more orderlie distinction of offices than afore you shall perceiue by perusall of the bodie of that statute and preamble that the forme and maner of making and consecrating Bishops priests and deacons was not deuised then anew but was put in vre and established in the daies of king Edward And though Ad maiorem cautelam for the auoiding of cauils of traitorous and slanderous papists the same booke was then established by that act of parlement yet dooth it in the preamble thereof by manie reasons prooue that the said booke had the force of law before And therefore it is verie propheticall for that booke which was penned in king Edwards daies to bound limit Articles of religion art 36. applie and distinguish offices confusedlie deliuered by hir Maiesties iniunctions and aduertisements which were long after framed And where our author had said that A minister must minister the doctrine and sacraments and discipline of Christ what néeded he to haue added And preach onelie if as afore he would haue inforced vnder Doctrine or teaching preaching be necessarilie alwaies emploied But afterward vpon better rubbing of his memorie he telleth vs his meaning is not to Exclude the minister from reading the scriptures and praieng with the people duties without which preaching cannot be done If by reading the scriptures he meane the ministers priuate studie then he reasoneth not Ad idem which is ignorance of the Elench But if he vnderstand the reading of scriptures in the church then I sée no cause whie by his owne platforme the minister should read any scriptures there besides his theame for his sermon naie how can he read any scriptures when the deacon hath read them all Contrarietie of the author vnto himselfe afore And if he will needs read the scriptures publikelie whie should he be suffered by this mans construction to inuade The deacons proper office and to transpose it to himselfe And therefore the copie of the supplication and submission of the Bishops which he hath here drawne in their behalfe as though through their Abusing of hir Highnesse lawes no meanes according to law could be found for reading of homilies where the minister is
sirra are you gone so soone my meaning is not that you shall take him away or haue any vse of him except vpon your desert I shall thinke good to ratifie this my figt vnto you vnder my hand and seale hereafter may I thinke you herevpon be so bold as of mine owne head before I haue his hand seale to breake open a gap in the hedge and ride awaie with him Truelie how he would take it I know not but I feare me my mistresse his wife would thinke me verie hastie vpon so slender a warrant to ride awaie with his graie ambling gelding and peraduenture I should fare the woorse at his hand also for my snatching Whereby he may sèe that this is but a Wrest of a gooses quill indeed not fit to set these Iars and ods in tune according to his purpose which differeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 srom the true meaning of the canon and iniunction The reason he bringeth if onelie By the licence to preach authoritie therevnto were giuen that then the making of a minister without a congregation should hereby be committed vnto the Bishop dooth no waie follow sèeing that preaching is neither the onelie office of a minister neither dooth the booke of ordering authorise simplie euerie minister as afore hath beene shewed but such as shall be So appointed whereof the * Art 8. iniunct R●g iniunction declareth the particularities for how can it appéere to others that he is licenced but by writing And in like sort is that reason out of the Eight iniunction Bicause ministers are inioined to suffer no man to preach within their cures but such as shall appeere to them to be sufficientlie licenced therevnto Ergo speciall licences to preach are onelie for men to be admitted to preach in other mens cures The reason of which consecution must néeds be this A man may not without licence preach in another mans cure Ergo he may without licence preach in his owne which is apparentlie grounded of no reason A negatione vnius disparatorum ad positionem alterius non valet argumentatio As if he should reason thus None but a freeman of Yorke may vse any trade in that citie therefore without any fréedome a man may doo it in the citie of London Or thus Whosoeuer denieth our author to be a puritane saith true but whosoeuer saith he is a foolitane denieth him to be a puritane bicause that he himselfe hath made an antithesis betwixt them Pag. 91 Ergo whosoeuer saith he is a foolitane saith true His other reason out of the iniunction which saith No other shall be suffered to preach out of his owne cure than such as shall be licenced Ergo euerie one in his owne cure may preach vnlicenced dooth no waie follow by the rules of Logike For licenced and vnlicenced in his owne cure and not in his owne cure are no contraries but contradictories which beginning with the vniuersall negatiue admitteth no consecution but his own contradictorie with a negation as thus None vnlicenced may preach out of his owne cure Ergo some not vnlicenced that is licenced may preach out of his owne cure Yet I grant the lawe admitteth diuerse times such reasonings and they are called A contrario sensu and grounded vpon this rule Quod * 32. q. 1. c. dominus exceptio firmat regulam in casibus non exceptis an exception dooth giue strength to a rule in cases being without the compasse of the exception whereof there be diuerse examples in the ciuill law insomuch that it is called by Papinian a 〈◊〉 1. § huius rei Fortissimum argumentum in one place Yet notwithstanding it hath diuers ff de officio eius cui mād est iurisd l 20. § mulier ff de testam l. 8. § si ignorantes ff mandati L. 3. §. prima verba ff de sepulchro vio l. 26. §. cum inter ff de pactis dotalibus limitations wherein it dooth not hold and namely b l. 2. §. fin ff de donationibus L 6. ff de condicti causa dati L. 1. §. quod vulgo ff de vi vi arm l. vlt. §. fin ff de iuris facti igno where the mind of the law-maker is otherwise as where it is put onelie by waie of exposition and not condition or c Instit de haeredita qu● ab intestato §. 1. where the law dooth otherwise specially dispose as in this case it both hath béene afore shewed sufficientlie and appeareth also by the fourth iniunction where it is said they shall preach in their cures Once at the least in euerie quarter of the yeere in their owne persons being licenced especiallie therevnto as is specified hereafter that is to saie as is in the eight iniunction either by hir Maiestie one of the Archbishops for their prouinces the Bishop for his diocesse or by the Queenes Maiesties visitors to which we may adde or by one of the vniuersities of Oxford or Cambridge their privileges since that time being by act of parlement confirmed wherof this is not one of the least And lastlie it holdeth when the like reason is in d l. 14. §. 1. ff de seruo corrupto both the contraries as it is in this point For there is as good reason that a minister should be forbidden to preach in his owne cure as in another mans if he be not able to deliuer sound doctrine in that forme as such high mysteries ought alwaies and in all places to be handled The other argument brought in the last place Whereas in king Henrie the fourths time restraints were made for preaching and yet none were forbidden to preach in their owne parishes that therefore in their owne cures none now are or ought to be forbidden is a verie féeble reason First there is a great difference betwixt Not licenced and forbidden Againe Viueudum est we must liue according to our owne lawes now and not by examples forepast Further it commeth néerest to a reason A simili but then it should conclude that as they ought not so neither ought we And not thus They did not forbid it therefore we may not forbid it And here also he driueth vs like water spaniels to séeke out once againe where we may find that which perhaps he was not willing we should hit of But first I would obserue if it were not vsuall with him Theonino dente rodere his disloiall and vndutifull carping at hir Maiestie and hir lawes where he saith The verie same lawes were established Distoiall speech against hir Maiestie against Wickliffe and his brethren to staie the course of the gospell hauing spoken afore immediatlie of hir Highnesse iniunctions Secondarilie I find by the perusall of the * Const. prou 1. de haereticis verb. si tamen constitution it selfe that he hath cut it off by the waste in that which most directlie maketh against him For in the next words following his first allegation is adioined
that is doone by him But our author himselfe saith that all our ministers ought to be elected by the people which yet is not performed that in the ordinations of the best men we haue some solemnities are dailie omitted and that it is so sure that solemnities and other matters of forme are omitted at the ordinations of vnlearned ministers that it is Praesumptio iuris de iure that they were not rightlie and formallie ordeined Also this rule faileth * L. 2. C. de sentent interlo 3. q. 7. §. tria ver verum c. ad probandum Ext. de re iudicata Abb. in c. sciscitatus de resc when at the verie beginning the impediment was apparent Now if we may beléeue our author the impediments hindering these vnlearned men to be ministers are so euident that euerie man being present may sée the Bishops Proceedings heerein to be contrarie to lawe and being absent may haue By experience such certeine knowledge of his misdemeanors and ignorance that by the most full and plaine proofe that may be not admitting any proofe to the contrarie euen By presumption of law and by law it may be intended he was vncapable at the time of his ordination And moreouer he surmiseth certeine impediments whereby such a man is hindered from being in deed and truth a minister to be knowne both to the Bishop and to the partie ordeined And * Abb. in c. Apostolic Ext. de praesb non ordin gl in c. dudum c. nihil c. quod sicut Cl. 2. de electio againe this rule indéed holdeth and error maketh law in matters depending of iurisdiction but not in matters grounded vpon orders nor in sacrementals in which rather truth than common opinion is weighed And therefore it is * Archid. 11. q. 3. c. 1. Bald. in l. 2. C. de sent interl omnium iudicum said Generall and common errour in spirituall matters dooth worke and enure to nothing Where vpon it resteth still firme and inuiolable that if we haue so manie as he inforceth onelie pretended ministers in this church of England not being so in déed and truth then shall the acts and functions of the ministerie executed by them be of no other force notwithstanding the common error than if they had béene done by méere laie men both in déed and common reputation Naie by this mans platforme the priests made in time of poperie being not so much as capable of the ministerie and the ministers ordered in the time of king Edward and hir Daiesties reigne that now is being no ministers indéed bicause they were not chosen by the people which the booke and law requireth it will follow that we haue no ministers indeed and by lawe in this church of England Now it is a péece of our new church-modell also to * T. C. Replie pag. 518. affirme that Not onelie the dignitie but also the being of the sacrament of baptisme dependeth vpon this whether he be a minister or no that dooth minister it To which also the opinions of the ministers of the reformed churches in France séeme to be conformable where they * Art 4. du Baptisme en la discipline eccl de France saie Le baptisme c The baptisme administred by him which hath not commission or anie vocation is wholie void But the common law of the land maketh espousals void to the intent of legitimation or inheritance of the children where the matrimonie was not celebrated by a priest or minister and suffereth none to be capable of any benefit of a subiect in this land which is not baptized So The authors most pestilent assertiō and the consequence that we sée a more pestilent plat than this man hath laied against the particular interest of euerie subiect in this church and common-weale cannot be deuised by the most seditious traitor in Rome or in Rhemes nor by the most stirring and tumultuous diuell in all hell if all that were true which he and his complices doo deliuer vnto vs as vndoubted truths here and else-where in their peremptorie and perillous assertions 49. Section Pag. 99 100 101. IN this place our author goeth about to confute those that take vpon them to exempt Bishops from blame For placing vnlearned men in benefices by reason of the corruption couetousnes and simoniacall compacts of sundrie patrones But what colour of excuse can this yéed to Bishops in any mans imagination whie they should call insufficient men into the ministerie For I hope his malice is not so great as to charge them that they make insufficient men ministers onelie to serue the turne of Couetous patrones whereby they may make their markets more gainefull and vpon refusall of their cleackes that they may haue aduantage in law peraduenture against the Bishop himselfe that ordeined them Yet to follow him a little in this matter of bestowing benifices with what forehead can any man but a litle experienced in the world saie that the greedinesse and corruptions of patrons is but a Feigned cause of placing vnlearned men in benefices except he will denie the sunne to be vp at midday or such a one as the god of this world hauing blinded dooth thinke the smell of gaine to be good out of anie thing as Vespasian did Ex lotio And can he faie this is but Feigned who talketh so much of a presumption by law when as the law it selfe though there were not too lamentable experience of it in this common wealth dooth tell vs Bicause patrones leaue so small a portion in some places c. extirpand● Ext. de pr●bendis to the ministers so that they cannot competentlie thereby be mainteined here vpon it commeth that in such countries scarse one minister of a parish church can be found which hath euen but a little skill in learning But If it were true he saith he will neuerthelesse Let passe diuers answers which aptlie might as he thinketh be vsed in this matter One is bicause the Bishops office is More painefull than gainefull and he that tasteth the sweet ought also to tast of the sowre Therefore he should refuse to admit any not so qualified as our author meaneth vnto a benefice yea though he were sure that after all his trouble and expenses such a clearke should be placed by the course of the common law maugre his beard So that by this mans accompt it is better purposelie without cause or hope of preuailing for a man to trouble himselfe and spend his monie than to be quiet and better to rise vp and fall than to sit still Naie with what credit can the Bishop reiect a man as vnable whome he is sure the law of the land will repute sufficient Therefore it is maruell that our author vpon this colour did not here runne into a common place against the common law which is more loose in allowance of clearkes vnto benefices than he would beare vs in hand the canon law is But
which scepter subdueth people vnto vs and the nations vnder our feet Moreouer speaking of hir Maiesties souereigntie in causes ecclesiasticall he saith The head Christ is pulled downe and the hand of the magistrate is set vp But as we haue now séene their ioint accord in taking from princes and throwing them downe from that power in ecclesiasticall gouernement where with all God hath adorned them so let vs consider how much naie hold little some of them doo attribute vnto princes in this behalfe For although our Abstractor who can temporise and plaie the part of a politike proctor of Presbyterie patrones a Pag. 92. dooth saie That hir Maiestie is a souereigne a sole and a lawfull gouernesse in all causes and ouer all persons ecclesiasticall yet other of them whome he loues and likes full well I dare saie doo b T. C. giue authoritie vnto princes to make ecclesiasticall decrées onlie when there is no lawfull ministerie Notwithstanding others of them c Admo 2. pag. 8. 57. thinke they may yéeld no further power vnto princes than to bind them to the restoring of their ecclesiasticall presbyteries that after that once performed they themselues may make vp their church-orders according vnto which the reformed churches in France doo attribute no more to the ciuill magistrate here in but d Art 24. de la discipline du France that Where the ministers doo saile in dutie there he must endeuour to cause them to be admonished according to the order of the discipline that is by the Consistories the Conferences and Synods either Prouinciall or Nationall Therefore e Danaeus par 2. Isag li. 2. cap. 17. one of them saith that This is the interest which good and faithfull magistrates haue that if they be present at the first nomination and election of ecclesiasticall persons yet they ought not to rule there For they may not nominate to the people or senate ecclesiasticall the persons to be chosen But a Ibid. ca. 19. in another place he confesseth that in old time the kings consent was required to be had vnto the Bishop which was chosen Bernard epist. 170. c. Reatina dist 63. before he was presented to the people And in the same place he addeth That when the Bishops See is void the prince ought not to enjoy the fruits of the Bishoprike Which saith he though by the royall prerogatiue it be obserued in France Yet Bernard epist. 224. dooth iustlie find fault with it because the said fruits might better be disposed of to the nourishment of the poore Yet one of our b Disciplina ecclesiast owne men dealeth a little more liberallie and saith Herein there is something proper and peculiar to the magistrats that they by their authoritie may order the state of the church at first and so preserue it being once ordered according to Gods will So that their meaning séemeth to be this that the prince must lend hir authoritie for the establishing of these their deuises and sée that no man interrupt them in their gouernement from time to time and so surcease and submit hir owne Highnesse and hir scepter in all church mattes to be ruled by the substantiall honest men and the minister of the parish where it shall happen hir Maiestie for the time to remaine For otherwise c T. C. 2. repl pag. 165. one of the chiefe of them is peremptorie and resolute that the prince hath not nor ought to haue any ordinarie authoritie for the making appointing or determining of any ecclesiasticall causes orders or ceremonies Whereby it may appeare that this whole sute of them doo agrée herein iust with the Papists who doo attribute vnto christian princes Power of fact but not of law and authoritie to Promote and set forward but not To appoint or intermedle with making of ecclesiasticall orders And yet forsooth they doo tell vs in great earness d Admon 2. pag. 2. that There is nothing in their bookes written of this matter that should offend any which either be or would seeme to be godlie Now about those that are to be implosed in this new kind of church gouernement there are diuerse opinions for the Discipline of France dooth a Des professeurs en la discipl de France mention certeine Regents and also Professors in diuinitie which may be called when a question about decision of any point of doctrine dooth arise neither of which persons or offices are mentioned in anie of our platformes that I remember Againe our b Admon 1. pag. 9. men doo make ministers to be of two sorts the one pastors and the other doctors so that both these two must concurre as necessarie members wherevpon with the elders and deacons their presbyterie must be raised but c Du Baptesine art 3. La discipl de France the Discipline of France maketh not a distinct person of the pastor from the doctor but noteth them as two seuerall properties incident according to the doctrine of S. Paule to be in a minister and preacher of the word And that is also the iudgement of Bullinger vpon the 4. to the Ephesians Also our reformers make the doctor to be the second man in their presbyterie yet d De eccles cap. 14. Bertrand affirmeth he ought to haue no place there except he be called by the rest as an Assistant e Admon 1. pag. 9. 11. Likewise our men with vs doo hold that deacons are to be placed in their consistories and presbyteries but the f Ibidem said Bertrand assureth himselfe they haue no place of dutie in that assemblie And such also is the practise of the church of France g Du consistoire art 4. le discipl d● France where they decree thus The ministers of the word of God and the anciens doo make the consistorie of the church ouer which the said ministers ought to be praesidents and yet neuerthelesse the deacons may giue assistance to the consistorie for aduise vnto it so that they allow them a voice consultatiue but not decisiue in their church gouernement Furthermore our innouators will needs haue the deacons tied to the prouision for the poore so that without great impietie such a function in them may not by any other deuise whatsoeuer be altered yet h Simlerus fol. 752. in the reformed church of Zurike certeine late men without any imposition of hands are monethlie chosen for that purpose and haue the managing of the church stocke a T. C. pa. 192 Some of the principall inforcers of this new gouernement will néeds haue an order of widowes in their church plat And b Dane part 2. Isagog lib. 2. ca. 11. another of their fauourers though he setteth downe no necessitie thereof yet he thinketh it verie commodious to be reteined yet c Eccles discipl pag. 219 other of them not meanclie accompted of would persuade vs as he may herein easilie doo that they neither are necessarie