graunted For in truth either the defect of the qualitie of the person or the want of a iust cause in lawe doth frustrate and make voyde euery dispensation For neither can a man qualified and in all respectes capable of a dispensation enioye the benefite thereof vnlesse he maye also enioye the same vpon a good ground and iust cause warranted by lawe Neither can a iuste cause and good ground approoued by Lawe bee sufficient matter to induce a Iudge to graunt a dispensation to him that is vnable and vnapt to receiue the same A man well Lettered singularly qualified and endued with vertue and godlinesse or of some noble house and parentage is by Lawe a fit and meete man to enioye moe benefices by dispensation then one Neither is it a sufficient qualification for one destitute of learning to become a Chappleine onelye to some Noble man For the statute prouiding that some Noble mens Chappleines shoulde be made capable by dispensation to retayne moe benefices doth not thereby take away the qualities requyred to be in such persons by common right but addeth a new qualitie requisite to be had of euery one and so maketh the law stronger and of more efficacie against pluralities Panor in c. ex parte l. 3. de verb signi fi fol. 189. nu 3. Statuta debent intelligi quod aliquid addant iuri communi Statutes ought so to be vnderstoode that they may adde somewhat to common right Extr de prebend c. ff de multa Circa sublimes literatas personas quae maioribus beneficiis sunt honorandae cum ratio postulauerit per sedem apostolicam poterit dispensari Concerning men of Nobilitie and learning who with greater benefices are to be honoured the Apostolike sea if reason shall requyre may dispence with such And in an other Chapiter the same is confirmed Extr. de elec c inâ—…otuit MVLTA ENIM in hoe casu dispensationem inducere videbantur literarum scientia morum honest as vitae virtus fama personae multipliciter a quibusdam etiam ex fratribus nostris qui eum in scholis cognouerant approbatae Manie thinges in this case seemed to leade to the graunting of a dispensation his learning his honest conuersation his vpright life and the good report of the person diuersly commended euen by some of our brethren which knew him at schoole These giftes and graces these qualities and these conditions are incident and appertayne by common right to these men that by way of dispensation maye possesse manie benefices Whosoeuer then is not commendable for his learning for his honesty for his sincere life or not of some auncient and noble familie the same man by lawe is vtterly barred and secluded from this benefite The second qualitie requyred to the validitie of euery dispensation is the waightinesse of some speciall cause as appeareth in the Chapiter before recited in these wordes Cum ratio postulauerit When reason requyreth Extra de voto c. 1. And againe we aunswere sayth Alexander the thirde in a decretall Epistle written to the Bishop of Exceter that it belongeth to the iudgement of him that is President that he consider diligentlye the cause of commutation and so accordingly to dispence And by the Chapiter Magnae Extra de voto It is playne and euident that there must be some speciall cause knowen for the which euery dispensation is to be graunted For as I sayde before to the ende that euery dispensation be good and auaylable by Lawe there is requyred necessarilie both the abilitie of the person to whome and the iustice of the cause for which the same ought to be gyuen For neither maye an able man without a iust cause neither a iust cause without an able man mooue the Iudge in anywise to dispence And to tell you what these speciall causes are in few wordes they are these vrgent necessitie and euident vtilitie of the Church Extra de ele c cum nobis Propter vrgentem necessitatem euidentem vtilitatem ecclesiae Capuanae quam in hac parte potius approbamus volumus ipsum firmiter perdurare Necessitie vtilitie of the church only iust causes of a dispensatioÌ„ For the vrgent necessitie and euident vtilitie of the Church of Capua which on this behalfe we rather haue respect vnto our pleasure and will is that he continue It is vnlawfull by common right for a Monke or Layeman to be admitted to the gouernment of any church with cure of soule yet notwithstanding if by reason of warre famine persecution or other extraordinary cause the office of pastorall teaching did cease so that the people had none to instruct them in the way of saluation 1. q. 7. requiritis §. nisi now in this case it is lawfull for him that hath authoritie to dispence with a Monke or Layeman endued with learning to the ende he might by instruction bring the people to knowledge It is vnlawfull that children borne of a Nun violently taken away and marryed should be admitted to any Ecclesiastical orders NotwithstaÌ„ding if the great profit or necessitie of the church require they may by dispensation be admitted Suppose there were a custome of long coÌ„tinuaunce and time out of minde in the Church of Paules contrary to the first foundation of the Church that not onely the Prebendaries daylye present at diuine seruice but also others absenting them selues should receiue euery one a like some dayly pention either in money or some kinde of victuall this custome by law is voyd because it is vnreasonable And yet notwithstanding anye iust and necessary infirmitie of the body of any prebendary or euident vtilitie of the same Church may be a lawfull and sufficient inducement for the Ordinary to dispence with the not restoring of that which was vnlawfully taken vnder pretence of the former custom If by the first foundation of the church of Paules twelue prebendaries were appointed to be maintayned by the reuenues of the Church and the sayd reuenues were not sufficient for the maintenance of these twelue the Bishop then in this case if the necessitie and vtilitie of the Church so requyre maye annect certayne other Chappels for the maintenaunce of the sayde prebendaries These examples do sufficiently prooue that euery dispensation priuiledge or immunitie ought to be graunted vpon some iust and reasonable cause and that the sayde iuste and reasonable cause ought euermore to be the vrgent necessitie and euident profit and commoditie of the Church And that the sayd vrgent necessitie and euident commoditie of the Church ought euermore to be vnderstoode the well gouerning of the soules of the people If therfore neither vrgent necessitie or euident vtilitie of the Church requyre that any one should haue many benefices yea rather if it be most profitable and necessarie for the Church that one man should haue but a liuing appoynted for one man and that by ioyning benefice to benefice and Church to Church the Church indeed is
the lawes are not onely vnprofitable but also are to be accounted for thinges vndon And thus much concerning the causes circumstaÌ„ces of dispensations for many benefices It followeth theÌ„ in the description of a dispensation as you haue seen that the same ought to be granted cum causae cognitione with knowledge of the cause the reason is this Glos Extrauagan de prebend dig c. execrabilis ver vltima Duo sunt in dispensatione necessaria authoritas dispensantis factum per quod dispensatur Nam in quolibet actu considerari debent duo factum modus Two things are necessary in a dispensation authoritie of the dispenser and the fact whereby he shall dispence For in euery Act two thinges are to be considered the fact and the maner of the fact And therefore a magistrate hauing authority to dispence ought not vpon the bare assertion and simple allegation of any person disirous to be priuiledged and to haue the Magistrate to mitigate the rigour and extremitie of common right graunt any such mitigation vnlesse the partie first alleadge and by some lawfull proofe make manifest vnto him that both touching the abilitie of his person and the necessitie of his cause there ought in equitie an exemption and immunitie be graunted vnto him For Priuilegia sayth the Lawe ff de minori l. de etate d. ex de priuil c. sane 7. q. 1. potuisti bast l. 1. de col l. ver are preiudicialia magnum pariunt preiudicium ideo sunt cum plena causae cognitione tractaâ—…de priuilegium non est dandum nisi certa ratione inspecta non subito sed cum magna deliberatione Priuiledges are preiudicall breede great preiudice and are for this cause to be handled with a plenarie decision of the cause And a priuiledge is not to be giuen vnles the certain reason therof be foreseen and not sodenly but with great deliberation aduise In which deliberation aduisemeÌ„t taken by the iudg first the allegation or petitioÌ„ of the party agent or suppliant secondly the prone manifestation of the same his perioÌ„ is to be coÌ„sidred For no dispensatioÌ„ ought to be graunted at the proper motion and pleasure of the iudge alone but euery Dispensation ought to be granted at the instance and petition of the party alone § Hoc autem iudiciuÌ„ ff De dam. infect ff De regni sur l. inuito extra de Symo. Licet heli Cod. de fidei com liâ—…ent l. si Quiae laxari iâ—… non debet nec solui nisi parte postulante inuitâ— non debet beneficium conferri Et sententia debet esse conformis petitioni Et index semper debet indicare secundum allegata probata Because the Lawe ought not to be released or remitted but at the petition of the partye and a sentence ought to bee conformable to the demaunde and a iudge ought euermore to giue sentence according to thinges alleaged and thinges prooued And therefore sithence no other cause by Lawe may be alleaged in the Court of faculties for the graunting of any dispensation for many benefices then the very apparant vtility and vrgent necessity of the Church I conclude that the iudge his duety office is in any wise not to admit any other maÌ„ner of allegation but to pronounce the same altogether friuolous and to be of no valew in Lawe The Doctorship the Chapplainship the worship of any ecclesiasticall person are not sufficient causes in this behalfe alone vnlesse also together with the same meete and concurre the profite and necessity of the Church And if the said allegation as vaine and friuolous be to be reiected then no Dispensation thervpon ought to be graunted for otherwise the Iudge should of necessity eyther allow other causes then the Lawe doth allowe or else pronounce iudgemente otherwise then according to the demaund both which were too too greate absurdities And therfore out of the former rules and principles of Lawe I argue thus 1 Whatsoeuer is hurtfull and preiudiciall the same ought aduisedly and vppon consultation to bee graunted 2 But Dispensations are hurtfull and preiudiciall 3 Therefore dispensations ought aduisedly and vppon consultation to be graunted Extra de priuilig c. sane And if euery dispensation ought to be graunted by sentence vpon some consultation had that then euerye sentence vpon some consultation had ought to be giuen according to thinges alleadged and thinges demaunded Extra de simo c. licet heli IN which allegation and demaund to the ende the sentence may be conformable to the demaunde and so effectuall in law must be foreseene two things First that there be expressed no false or erronious cause Secondly that the same hide or conceale no truth Glos in extrauag execrabilis de prebend ver ex dispensatione For Ea dicitur legitima dispensatio in qua nihil tacetur vel nihil exprimitur quo expresso vel lacito princeps verisimiliter duci potest ad dispensationem denegandam That dispensation is reputed lawfull wherein nothing is concealed or nothing is expressed that beeing concealed or expressed the prince may be likelihood be induced to deny the said dispensation If then euery sentence must be conformable to the allegation and euerye iudgement agreeable to the demaund and that neither out of the sentence for a dispensation any knowen truth or manifest equitie ought to bee concealed neither in the same any salse or erronious cause ought to be expressed it followeth of necessitie that euerye allegation made for a dispensation ought to be of the same nature and of the same condition and that euery allegation not of the same nature and condition is an vnlawfull allegation and an vnequall petition Moreouer euery one that hath authoritie to dispence ought to keepe this rule Glos in extrauag coÌ„i col 3. ver Vt statuat vel disponsit contra ius aut contrascriptum si aequitas quae mouet ipsum mouisset legislatorem si casus nunc emergens esset sibi expositus That they ordayne or dispence against law or against writ if such equitie as mooueth him might haue mooued the Law-maker himselfe to haue graunted a dispensation had the case now growing bene proposed at the time of the law making to the law maker It followeth then againe that equitie beeing the cause of the sentence for a dispensation the same equitie must also bee the cause of the allegation for a Dispensation For if the iudge must giue a dispensation where equity requireth the party must then demaund a Dispensation where equity requireth For equity is always the foundation and grouÌ„dwork of a dispensatioÌ„ And what equity eueÌ„ such equity as might iustly haue mooued the Lawemaker to haue graunted a dispensation Nowe then because the Lawmaker authorising the Archbysh of Cant. to giue Dispensations hath beene the high Court of Parliament It followeth that the Archbysh may dispence onely in such cases as wherein the high
AN ABSTRACT OF CERTAIN Acts of parliament of certaine her Maiesties Iniunctions of certaine Canons Constitutions and Synodalles prouinciall established and in force for the peaceable gouernment of the Church within her Maiesties Dominions and Countries for the most part heretofore vnknowen and vnpractized Cod. de Epis Cler. l. Nulli licere ¶ Neyther let them feare to be called and suspected pick-thankes seeing their faythfulnesse and diligent trauell carrieth with it as well praise as honestie and godly zeale hauing published the trueth to the eares of all men and brought it to the open light PROVER 31. 8. Open thy mouth for the dumbe in the cause of all the children of destruction To the Christian Reader THou hast seene beloued by long experience a lamentable contention to haue growen and continued in our English Church about reformation of Ecclesiasticall discipline and popish ceremonies whereby the quiet peaceable estate both of the Church and coÌ„mon wealth haue been shrewdlie troubled and brought in hazarde The causes of which warre and dissention I leaue to the good consideration of thy godly wisedome onely I am to intreat thee to accept this my labour bestowed vpon the study of the lawes appoynted for the gouernaunce of the same Church hoping that by the authoritie of hir excellent maiestie and the counsayle of the honorable fathers gouernours of her highnes empire they may hereafter not only be better executed but also if the case so require be reuisited For were the same Lawes either better knowen vnto the whole church either better executed by those vnto whome our gratious Soueraigne hath committed their Execution no dout but very many notable points of such controuersies as haue beene a long time amongst vs woulde be easily speedily by the same laws decyded I am not beloued in this so waighty a cause absolutely to rest my selfe vpon the skill of mine own simple iudgment onely according to the knowledg giuen vnto me I haue for my part faithfully laboured to cite the lawe for that end purpose wherunto I take the same to haue beene first ordeined And therfore I am heartilye to desire thee to accept of this my labour trauail vndertaken not onely for the defence of her highnesse Lawes but also for my brethren and neighboures sakes and that peace and prosperity mighte bee within the walles and pallaces of Ierusalem Farewell and pray in thy spirit for the preseruation of the life of our gratious Queene Elizabeth An Abstract of certaine Actes of Parliament of her Maiesties Iniunctions Canons and Synodals Prouincial established and in force for the peaceable gouernement of the Church within her Maiesties Dominions heretofore for the most part vnknowen and vnpractized BY an act of Parliament made the 25. H 8. C. 19. intituled An act concerning the submission of the Cleargie c. It was enacted as followeth Prouided also that such Canons constitutions ordinaunces and Synodals prouinciall being alreadie made which be not contrariant nor repugnant to the lawes statutes and customs of this realm nor to the domage or hurt of the kings prerogatiue royal shal now stil be vsed executed as they were before the making of this act c. This act is reuiued 1. Eliza. ca. 1. Out of this act I conclude that al Canons constitutions ordinances and synodals prouincial made before this act requiring and commanding a learned Ministery prohibiting many benefices to be giuen to one man prohibiting ciuil iurisdiction to be in Ecclesiasticall men and prohibiting one man to excoÌ„municate for that such Canons c. cannot be contrary or repugnant to the lawes of this realme nor hurtfull to the kings prerogatiue are in force ought to be executed and therefore by this act all the Canons specified in any part of my treatise are in force so by vertue of this act a learned ministerie commanded Plurallities forbidden c. A learned Ministerie commanded by the Lawe Ex De elect Cap. Nihil est NIHIL EST c. There is nothing that may hurt more the Church of God then that men vnworthie are taken to the gournment of soules We therefore willing to applie a medicine to this disease decree by an inuiolable constitution that when any shal be chosen to the gouernment of soules he to whome the confirmation of his election appertayneth diligently examine both the processe of the election and the person elected to the ende that if all thinges concurre aright he may confirme him in his function For otherwise if any thing shall be vnaduisedly attempted not onely â—e that is vnworthily promoted but also the vnworthie promoter him selfe shall be punished and if any man shall approoue any of insufficient learning of an vnchast life or not of lawful age when his negligence herein shal appeare we decree him to be punished thus not onely that he be â—uite depriued of power to confirm the next successor but least by any meanes he might scape vnpunished that he be also suspended from the commoditie of his owne benefie Out of which constitution these conclusions may briefly thus be gathered 1 Whatsoeuer is hurtfull to the Church of God the same is to be forbidden 2 But it is hurtful to the Church of God to haue vnworthie men takeÌ„ to the gouernment of soules 3 Therefore the same is to be forbidden 1 He that cannot worthily execute his office is â—ot to be admitted to holy orders and Eccleâ—…asticall dignities 2 But a man of insufficient learning of vnhonest coÌ„uersation can not worthily execute his office 3 Therefore such a one is not to be admitted to Ecclesiasticall dignities IF any iudge the meaning of this Chapiter to bee onely of superiour Prelates as Archbishops bishops Abbotes or such like elected by some common society of canons Monkes Friers or collegiat Priests because of these words Election Confirmation properly applyed to such not to inferior Ministers which are properly sayd to be presented and instituted then is such both diligently to marke the reason of the decree prouiding a remedie against the detriment that might redounde to the Church in both cases if for both remedie were not before hand prouided And also to vnderstande that the name of Prelate is by law attributed likewise to euery Parson and Vicar hauing cure of soules D. ex de cleric aegrotant c. sua glos lynd Consti de sacra iterand c. ignorantia vers prelati Quia quilibet qui praeest curae animarum dicitur esse Prelatus Euery one that is preferred to the cure of soules is named by this name Prelate And also that election and confirmation in and to the superiour functions haue but the very same effect to the obtaining of their promotions that presentation and institution haue to the inferiour Ministers for enioying of their benefices then is such I say to consider all these thinges together with the end of the chapiter where speciall charge is giuen for inferiour offices And so
Panor in c. fin §. is autem nu 5. de offic deleg SI PRINCEPS c. If the Prince commit a cause to any and commaunde him personally to execute the same if in this case consist publike commodity this his commissary can not substitute an other no not euen with consent of parties because where the Prince either couertly or expresly doth make choyce of the industrie of any one particular person there the partie so chosen can not surrogate an other For the Prince herein doth personally qualifie the man and giueth vnto him the forme of his commission De offic c. deleg l. 6. c. si cui c. fin extra de offi delegat An example of this may be thus De offic delegat li. 6. c. si cui ex de offic deleg c. vlt. Suppose that the treasurership in Paules were voyd and that hir highnes had commanded the B. of London to prouide a fit man for the same roome whether now the B. may commit this his charge to be perfourmed by an other then by him selfe or no And it is answered negatiuely because in the choyce of a fit person consisteth great danger therfore the B. beeing but an executor of hir Maiest pleasure he may not substitute any other But suppose that hir highnes had cōmanded the same B. of Londō to haue giuē the same prebend to Lucius Titius whether thē might the B. in this case subdelegat Archdeacon Sempronius And the answer is affirmatiue that he might for now her Maiest by hir selfe hath nominated the partie to be placed hath not chosen the B. industry for that purpose and therfore he may assign this prouision vnto an other But it is otherwise where the industry of a Person is chosen concerning one to be elected for then he may not set ouer that his office to any other Now then out of these rules lawes I conclude that sithence it hath pleased the high Court of Parliament particularly and expresly by name to make choyce of the Archd. hath personally qualified him as their meetest man for this charge chosing the industry of his own person in presenting fit men to be made ministers or of his deputies in presenting fit men to be made Deacons and for so much also as in this action consisteth the publike benefit of the whole church and on the which hangeth the greatest perill daunger of the whole church For these causes I conclude that an Archd. onely must ought of necessitie present one to the B. to be made a minister that the B. can not dispence with him in this case and that neither the B. neither the Archd neither the party to be made a minister neither the clearkes and people present by their consents can alter or transpose any thing herin ff de pact l. ius publicum Publica vtilitas est pars agens Publike vtilitie is the party agent in this busines and Parta priuatorum inri publico non derogant The couenants agreements of priuate men doth not derogate from cōmon right And if the contrary haue been practized what may be concluded therof shal follow immediatly And againe by these proofes you may euidently see that the calling the triall the examinatiō the time the person appoynted to present and the age of one to be presented haue not been things meer contingent but rather essential not causas sine quibus non but causes formall to the making of Deacons ministers and such causes as beeing omitted haue been sufficient causes both to depose from their functions those that haue ben contrary wise ordained to punish the ordainers for their negligence in that behalfe And therefore that our tong tied ministers not made according to the order and forme of the statute be in deed and truth no ministers at all the act it selfe whereby they be made wherby they challenge their dignities being in deed no act in law hauing no law to approue the same therefore to be punished by the law of mā as wel for entring into a calling against the lawe of man as also for prophaning the holy and sacred misteries of God For what if respect be had to one or two or foure or moe of the solemnities and circumstaunces before rehearsed and those too perhaps of the least weight moment as vnto the age the time the B. particuler interrogatories the Archd. presentation and yet the rest of the greatest waight and importance as their learning their honesty their aptnes to teach c. be negligētly or wilfully omitted Shall the proceedinges by such as please them selues in their owne inuentions be both iudges parties thus in shew apparance only supposed to be done by them that are wise and vpright iustices whom publike profit ought to mooue to the redresse of disorders be reckoned to be don in deed and verity Yea if all the former solemnities yea euen those also of the least moment such as in truth might haue ben reputed accidentall rather then substantiall had it pleased the law makers to haue appointed them so haue beene are oftentimes omitted in the making of ministers one neuer called neuer tried neuer examined neuer known to the B. before that day to be of any vertuous conuersation not qualified as is requisit not learned in the latine tong not sufficiently instructed in holy scriptures as he that came to the B. of Winchester to serue in his Diocesse borne at Norwich and made a minister at Peterborow knew not how many Sacraments there were and requested a dayes respite to aunswere the bishop what the office of a Deacon was not made openly in the face of the congregation but priuately in the bishops Chamber or Chappell not hauing any Sermon not apt to execute his ministerie duely not presented by the Archdeacon the Bishoppe making ministers at Exceter and his Archdeacon at Oxenforde or the bishop making ministers at Leichfielde and his Archdeacon at Durham not mooued by the holye Ghost not admitted on a Sunday or holy daye not of 24. yeares of age not perswaded of the sufficiencie of the doctrine of the scriptures to saluation not an example in him selfe and his familie to the flocke of Christ not a minister of the doctrine and discipline of the Lorde Christ not a peacemaker but quarrelling at law for tithe Oynions apples and cheryes not a dispensour of the worde of God Fol. 11. p. 2. not a pastour and stewarde to the Lorde to teach to premonishe to feede and prouide for the Lordes flocke if such a one I saye yea if too too many such haue beene admitted into the holy ministery and all these solemnities vnsolemnly abused may it not be rightly concluded that such by our statute lawe be no lawful ministers at all Was the word of any Bishop onely the worde of the high bishop Iesus Christ excepted in any time or in any place a lawe against the Lawe
If no deceit on the part of the demaÌ„dant haue bene vsed but the thing it self hath in it deceit it is all the self same one case with the former For wheÌ„ so euer any man shal make a demand by vertue of that coÌ„tract in asmuch as he doth demaÌ„d it he doth it by deceit As for exaÌ„ple suppose I haue boght in good faith without collusion of you a peece of Plate for lesse then the one half of the iust value therof as suppose for 8. Pound which was worth 20. po afterwards I couenaÌ„t with you simply you promise to deliuer me the same plate in this case if I sue you for the deliuery of the plate you may vse an exception of guile against me because I deal deceitfully in demaÌ„ding the performance of a coÌ„tract which in it self coÌ„teineth iniquity For this coÌ„tract it self is against the equity of lawe prouiding that a man should not be so vnprouident in selling his goods as to sel theÌ„ vnder the one half of the iust value And therfore in this coÌ„tract being against law appeareth a manifest iniquity because the plate being worth 20. Pounds was solde by you for 8. Pound a lesse sum then 10. pound halfe of the iust price and therefore in it selfe by law without equitie and therefore neither to be demaunded by me neither to be performed by you And to make this more playne and so to apply it to my purpose bona fides good Fayth in this contract ought to be in this sort You for your part and I for my part and we both ought in trueth to think and bee of opinion that you haue interest right in the plate and so power to alienate and to sell it vnto me And therefore concerning the contract made betweene the Byshop and the party because the Byshop oftentimes knoweth the partie that is to be made a minister by him to be a man altogether vnlearned vnfit and vnapt to execute his ministerie duely and therefore cannot thinke him to be a man quallified as were requisite And because the partie that is to be made a minister knoweth himselfe vtterly voide of those graces and gyftes which ought to be in him and therefore cannot beleeue him selfe to bee truely called or mooued to that office by the holy ghost And because they both know that there hath bene no such calling no such tryall no such examination no such presentation c. As by the forme and order of the booke shoulde be I say therefore that good fayth wanting on both partes this contract made coulourably betweene them is meerely voyde and the one not bounde by lawe to the other to the perfourmance of the same therfore much lesse the common wealth or the Church of Christ to tollerate their conspiracie or to bear with their collusioÌ„ ff de Liber causa l. si pariter Extrauag de regni iure c. non est Extrauag co Non debet alterius collusione aut inertia alterius ius corruÌ„pi No maÌ„s right oght to be impayred by collusion or slouth of another Fraus dolus nemini patrocinari debet deceit guyle ought not to patronage any And therefore sithence Non est obligatorium contra bonos more 's iuramentum An othe made against good manners is not obligatorie and that Nemo potest ad impossibile obligari No man can be bound to a thing impossible and that Impossibilium nulla est obligatio of things impossible there is no band ff de reg in l. impossibilum Extra de reg nu in malis And that In malis promissis fidem non expedit obsernari It is not expedient that Fayth be kept in wicked promises I conclude that the impossibility or iniquitie of condicions to be perfourmed by him that is made a Minister make the contract betweene the Byshop and him meerely voide and of none effect in Lawe The impossibilitie of the contract made betweene the Bish â—nd the minister cause that the contract is voyde And that the Byshoppe according to the true intent and meaning of the Lawes whereof he hath the execution ought to cite and Ex officio to proceede and obiecte agaynst him in this sort You A. B. Parson of C. about twentie foure yeeres passed at what time I had appoynted a solemne day for making of Deacons and Ministers had called by my Mandat men meete to serue the Lorde in his holy seruices to teach his people and to be examples to his flocke in honest life and godly conuersation came before me making a great bragge and fayre shewe of zeale and conscience and of your knowledge in the holy Scriptures and that you woulde instruct them faythfully and exhort them diligently in the doctrine of Saluation by Christ in holinesse of life that you would exercise his Discipline according to his commaundement and that you woulde bee a peacemaker And all these thinges you faythfully promised and tooke vpon you to performe ioyning your selfe openly to the Lordes people in prayer with a solemne vowe Nowe so it is as I vnderstand by your demeanor euer since that in trueth you had no other ende but to steale a liuing from the Church though it were with the murther of many soules You dishonored the Lorde you made an open lye in his holy Congregation you circumuented mee by guyle and by crafte deluded me you haue euer since falsifyed your worde You haue not preached one Sermon these many yeeres you haue not instructed one of your parrishe in the doctrine of Saluation by Christ alone you haue not gouerned your familie as became one of your coate you haue not exercised the Discipline of Christ against any adulterer any swearer any drunkarde anye breaker of the Lordes Sabbothes you haue beene and are a quarreller among your neyghbours you cite them to my consistorie for toyes and tryfles and so abuse my iudgement seate you are an example of euill and not of goodnes vnto your flocke you ment no good faith at the firste you wittingly tooke vpon you a charge which in your owne conscience you knewe was impossible for you to discharge you prophaned the Lords most sacred name in praying hypocritically before him you haue not since repented you of these iniquities but haue continued obstinate in the same and therefore in as much as you for your part without any good conscience haue gotten you a place in the ministerie I for my part mooned by a good conscience and for the same my conscience sake to discharge my duetie to the Lorde haue summoned you publikely lawfully and rightly to disposse you of that place and depose you from that function whereof though publikely yet vnlawfully and vnrightly you are possessed neyther ought you or any other to thinke me rashe light or vnconstant in so doing For I tell you playne that herein I will both saye and doe that thing which the noble and wise Emperour sometimes both sayd and did in a
limitting parishes haue inlarged some with wyder borders and straightened some with narrower passages then was meete and conuenient So were it very good and commendable for men of wisedome in our dayes to yeelde to haue a better equallitie then that some should haue al and some neuer a whit some two or three thousand pounds by the yeare and some scarcely xx Nobles so that the pastor that now hath too little might by some meanes haue sufficient and that he that hath now too much might haue a conuenient competencie If Sempronius the taylor should make Titius his garment too short wasted and Seius his garment too long wasted it followeth not therefore that Caius the pilferer to make himselfe a garment shoulde by stealth conuey both garments away By the vnfolding of these fallacies you may iudge that if pluralitie men to serue their turne indeed could haue framed their argument skilfully they woulde then haue fashioned the same after this sort 1 Whatsoeuer is established and distinguished by man alone the same may be taken away and vnited by man alone 2 But Churches that is to saye Congregations of the Lords people pastours of these assemblies and the liuings for the pastours of these assemblyes were established and distinguished by man alone 3 Therefore Churches pastours and liuinges for pastours may be taken away and vnited by man alone Now because the Minor proposition of this Sillogisme is vtterly false therefore I conclude against pluralitie men thus 1 Whatsoeuer is established and distinguished by the Lord himselfe the same may not be taken away or vnited by man 2 But Churches that is to saye assemblyes and societies of the Lordes people pastours of these assemblies and liuings for the pastours of these assemblies are established and distinguished by the Lord himselfe 3 Therefore Churches that is to say assemblyes of people pastors and liuings for pastors may not be taken away or vnited by man THE Minor proposition of which Syllogisme to euerye man not minded to cauill at these wordes Established and distinguished is infallible and not to bee denyed for though boundes and lymittes of certayne parrishes are bordered out by man and that a certayne number of people called to make one Congregation and to heare at one time in one place one certayne pastour bee at the rule and disposition of man yet that these thinges shoulde be thus done is the speciall commaundement of the Lord. Moreouer when as this thing shal be once thus performed by man according to the Lords commaundement it shal be is lawfull for man again where the congregation is too great to make the same lesse and where it is too litle to make the same greater and in this sence I graunt that as it is lawful for man to establish distinguish so it is lawfull for man to take away and to vnite Churches and liuings But because this is not the meaning of pluralists for that they wil haue one pastor to be placed ouer many Congregations many congregations to finde one pastor many bodies to haue one head one head to haue many bodies many flocks to haue one shepheard one sheepheard to haue manie flocks Therfore mine argumēt without any cauil remaineth firm against thē And for these considerations as before so againe I deny the consequence made by plurified men for the possessing of manye benefices by one man For though by coullor of lawe they pretend right vnto them yet the law indeed yeeldeth them no such aduantage because dispensations for many benefices and parish Churches with cure of soules generally graunted are and ought by law to be vtterly voide and of none effecte as partly hath bin prooued and more at large appeareth by that that followeth Glos 1. q. 7. c. requiritis Dispensatio est iuris communis relaxatio faecta cum causae cognitione ab eo qui ius habet dispensandi A dispensation is a relaxation or release of common right graunted by him that hath power to dispence hauing first taken knowledge of the cause thereof that is hauing considered whether there bee iust cause to mooue him to graunt a priuiledge or dispensation against cōmon right or no. By which definition it is euident that Dispensare is diuersa pensare nam omnia quae ad causae cognitionem pertinent pensare debet qui Dispensare vult To Dispence is to ponder diuers thinges for he that will Dispence ought to waygh and to consider all those thinges which pertayne to the knowledge of the cause In which discriptions three thinges are principally requisite necessary First the person or iudge that hath authoritie to dispence Secondly the causes for the which dispensations may be graunted And lastly an examination or discussion of those causes So that if any dispensation or facultie whatsoeuer shall be graunted either A non Iudice by one that is no iudge either without a lawfull cause or lastly without aspeciall triall and sifting of that same lawfull cause before it passe euery such dispensation by a necessary consequence is meerely voyde because euery such dispensation agreeth not to the definition of a dispensation and therefore can not be the thing defined Glos extrauagant de prebend dignit c. execrabilis ver vltima Concerning the partie that hath power and authoritie to graunt dispensations and to take knowledge of the lawfulnesse of the causes requisite to make dispensations goodland auailable the same in this Realme is the Archdishop of Caunterbury H. 8. and vppon his refusall then such as hir highnesse shall appoynt to that office according to the forme of a statute prouided in that behalfe And therefore touching his person thus appoynted to be Iudge I conclude from the generall to the speciall as before that because the positiue lawes of man against pluralities are all grounded either vpon the law of nature or vpon the law of God And because as the lawes of nature and the lawes of God are immutable so shoulde the same positiue lawes remayne stable and vnchaungeable that therefore the Archbishop of Caunterbury beeing a man hath no more right to giue a dispensation againste the positiue lawes of man made againste pluralities then he hath to giue a dispensation againste the law of nature or against the law of God Glos extra de vot c. non est ver authoritate Extra de concel preb proposuit ver supra c. cum ad monasterium ex de statu monocho For sayth the glose in one place No dispensation against the law of nature or against the lawe of God is tollerable no not by the Pope him selfe As touching the causes wherevppon the sayde Archbishop or other officers should and ought be mooued by remitting the rigour of common right to graunt immunities and dispensations they are two fold One consisteth in the dignitie and worthinesse of the persons the other in the waightinesse of certayne speciall causes Vnto what maner of persons dispensatiōs ought to be
concerning the pouerty of certaine persons pretended and alleaged in defence of dispensations for many benefices that because the reuenewes and profites of one benefice is now adayes not a competent and sufficient maintenance for a minister his wife and familie that therefore in respecte of suche pouertye they are necessarye and to be borne withall I aunswere herein firste with Rebuffus the Lawyer that Licet quis sit pauper c. Rebuff de dispens ad plu benefi Though one be poore and suppose two benefices to be very necessary and profitable for him yet for this cause the Pope maye not dispence But if it be necessary or profitable for the Churche to haue a teacher to instruct mainteine and defend the same then shall a dispensation be lawfull Secondly that whosoeuer hath taken vpon him a charge with a poore living and stipend belonging to the same ought by law to content him selfe therwith and notin respect of any pouerty to seeke to haue many liuings thereby to better his estate or augment his liuing For the lawe in trueth is as followeth 32. q. 5. c. horrendus Qui inodicum recepit beneficium c. He that hath receaued a smale benefice hath preiudiced him selfe therefore let him seeke his liuing by his owne craft because whatsoeuer hath once pleased him ought not any more to displease him 70. distinct sanctorum And let euery one walke in that vocation whereunto he is called and let him do according to the example of the Apostle saying these handes haue ministred vnto me al things that were wanting 21. q. 1. c. primo glos extra de rescrip c. si proponente ver minus ff 91. distinct qui autem And let him that is forbidden to get his liuing by filthy lucre and vnhonest marchaundise haue a stipend of the oblations offerings of the Church but in case the Church be not sufficient let him after the example of the Apostle who liued by the worke of his hands get by his owne industry or husbandry those thinges that are necessary Out of these lawes against dispensations graunted vnto pryuate persons in respect of priuate necessity I conclude thus 1 If priuate necessytie or pouerty were a sufficient cause to enioy a dispensation for many benefices then shoulde priuate necessity haue bene warraunted by law hereunto 2 But priuate necessitie or pouerty is not warranted by law to be anye sufficient cause for a dispensation 3 Therefore the necessitie or pouertye of a priuate person is not a sufficient cause for a dispensatioÌ„ THe first proposition is grounded vppon the verie nature and essence of a dispensation for the same being as is said before of the nature of a priuelege can not otherwise be graunted then vpon a iust cause ratified by law The second propositioÌ„ being a general proposition negatiue of the law cannot better be manifested then by a special repetitioÌ„ of the things permitted by lawe according to this rule Quod in quibusdam permittitur in caeteris prohibetur That which is permitted in some certaine things the same in other thinges is forbidden And therefore the lawe allowing either vrgent necessitie and euident vtilitye of the Churche or some excellent quallities of the minde or discent from some auncient parentage to be onely causes of dispensation excludeth all other causes whatsoeuer And as touching necessitie and pouertie of priuate persons the lawe absolutely appointeth other meanes to releeue the same then by way of dispensation Neyther can it bee found in the whole bodie of law that pouerty a lone is any sufficient cause to procure a dispensation for many benefices For the law accounteth him alwayes to haue a competency and sufficiency 12 q. 1 c. Episcopus vers q. 2 c. episcopus which hath Victum vestitum meate drincke and apparrell which is proued thus luxta sanctum Apostolum fic dicentem habentes victum vestitum hiis contenti simus according to the saying of the Apostle hauing foode and apparrell let vs content our selues with that And here we learne both what he that hath taken vnto him selfe a charge hauing but a smale stipend annected thereunto ought to do in case it be not sufficient that is that he ought to labour and trauaile with his owne handes in some honest handy craft and also what by lawe is reputed and taken to be a competent sufficient maintaynance euen foode and apparell Moreouer if a man willingly and without compulsion enter into a charge knowing before hand the stipend due vnto him for his trauell to be small he may not Lawefullye afterwardes complayne but it is whollye to bee imputed to his owne negligence and follye that he was no more circumspect better to prouide for him self at the first If a man knowing a woman to haue led a loose and dissolute life take her to his Wife hee cannot for her former misdemeanour giue her afterwards a Byll of Diuorcement Quod semel approbani iterum reprobare non possum That which once I haue approued and allowed I cannot afterwardes disproue and disalowe Neyther in truethe for ought that euer I perceyued by the want of any Pluralitie man if hee rightlye examine his owne Conscyence can hee pretend any necâ—ssity and want of lyuing for himselfe to bee anye iust cause of his foule disorder herein May Caietane Cardinall of Brygit whose Annuall reuenewes by his Cardinalship amounte to the Summe of two Hundred pounds maye the same Cardinall whose Annuall profites of his Prebend in another Churche amounte to the Summe of two Hundred Markes Maye the same Cardinall whose annuall Reuenewes of his Archdeaconarye in another Churche amounte to the Summe of Fortye Poundes May the same Cardinall whose Annuall Reuenewes of his owne and his Wiues Patrimonye amounte to the Summe of Fiftye Pound complayne iustly that hee standeth in neede of sufficient liuing to mayntayne himselfe his Wife and two or three Children and thereuppon purchase to him selfe a License to retayne a Benefice from the which hee receyueth yeerely one hundred Markes May a Cardinall I say thus furnished with so manye ecclesiasticall Dignities affirme safely with a good Conscience that hee wanteth and standeth in neede of a conuenient liuing Nay maye not the Lordes people rather crye out agaynste this intollerable Ambition Rauyne and spoyle Yea maye not the common weale yea doth it not feele to hirr ruine the miserable pouertie and pâ—…urie of his stipendarie Curate vpon whom he thinketh to haue bestowed a large and bountifull rewarde for his seruice in the ministery towardes the maintenance of him his wyfe and family when as his farmer shall paye him by the yeare ten or twelue pounds at the vtmost Is this tollerable by lawe No no the pretence of pouertie that this man his fellow Cardinal hauing Church vppon Church a personage vpon his prouostship do make to be a cloake for their worldlines can neuer shrowd it selfe so couertly but their iniustice by lawe may
and to take awaye all occasion from others to seeke preferment in that house at hir maiesties hands they of late haue inuented a new deuice and practized a new tricke where they were by the order and foundation of the house bound yearely to make elections of such schollers as might presently at the time of the election be placed in the vacant roomes they now either at one time choose a greater number of schollers for them selues then are places vacant and so make but one election in two yeares or else so soone as any place by the departure of any schooler is voyd they foorthwith in the name of the Deane or some Prebendarie chop an other in his roome by meanes whereof either hir maiesties letters are delayed vnto the ende of two yeares or else remayne altogeather frustrated so kinde hearted these no Precisians and these no Puritanes haue beene and so thankfull they haue shewed them selues for their maisterships Deanries and Prebendaries receiued at hir maiesties hands by hir gratious bountie and liberallitie And therefore since they striue so egerly for such tryfles and vse such foule shiftes to shut hir out of doores and make hir schollers packehorses and set them at the Cartes tayle in hir owne Colledges I thinke a man may gesse twice and yet not gesse so nigh as to gesse that Cleargie men enemies to reformation rather then they woulde loose their dignities woulde if it laye in their power gyue hir Highnesse prerogatiue the Canuysadoe They allow hir maiestie a royall power to shred greene Olyue braunches but to roote vp olde rotten dotterelles they deny hir anye such authoritie they can bee contented hir maiestie shoulde strippe poore men cloathed with sackecloath but mighty men decked in scarelet shee may not touch or once looke awrye vppon No cause of the name of ecclesiastical court Concerning the Courtes and iudgement seates of Archbishops bishops and Archdeacons hitherto reputed and called Ecclesiasticall Courtes I can see no reason in the worlde why they shoulde be any more so esteemed taken or reputed or why anye matter or cause or suite or controuersie commenced in those places shoulde or ought to be called or counted Ecclesiasticall For though in times past I meane in time of popery they might probably and coullorably be so called either for that Cleargy men alone were Iudges and exercised iudgement in them either for that such parties as betweene whom suites did depend were for the most part meere church men either for that all peticions and actions made and begunne in those Courtes were for such matters and causes as whereof church men onely by vsurpation challenged vnto them selues the decision and determination yet now so it is that all these reasons fayle and are of no force For with vs at this day though Archbishops bishops and Archdeacons be Cleargie men and chiefe amongest the ecclesiasticall seat yet notwithstanding Doctors of the Ciuill lawe meere laye men as they call them and no whit beneficed by priuiledge of Cleargie exercise all iurisdiction reputed Ecclesiasticall in their consistories and by the ordinaunces of the Realme are made competent and lawfull Iudges in these Courtes 25 Henrici octui Where one suite now dependeth or these manye yeares hath depended in the same Courtes betweene Cleargie men alone one hundreth almost are and hath beene depending betweene laye men alone the causes them selues are all for the moste part mere Ciuill and belong onely to the Ciuill court Approbations and insinuations of Willes and Testamentes by expresse wordes as you haue hearde out of the Ciuill lawe are absolutely prohibited vnto Bishops and all other Cleargie men And so consequently for that Appendices sequuntur principalis subiecti naturam Accessories follow the nature of the principall subiect All causes of Legacies Bequestes Accountes Inuentaries Commissions of Orphanes gooddes and whatsoeuer else may be incident to anye of those causes are vtterly forbydden Causes of wrongfull and iniurious slaunders infamous Libels and contumelious crymes causes of contractes and marriages causes of dowrie and diuorce causes of filiation and legitimation of children matters of Vsurie and whatsoeuer appertayneth to the decision of these causes are causes meere ciuill and pertaine to the ciuill magistrate and therefore sithence Archbish Bish and Archdea to disburthen them selues may lawfullye commit the hearing of these causes from them selues yea and very seldome or not at all execute their iurisdictions by them selues but continually and effectually do surrogate and depute Doctors or Bachelors of the Ciuill lawe What iniurie to their persons or alteration of the state and gouernment can it be in case hir maiestie by hir prerotiue did commit the same causes vnto the same men and make the bishops men hir men and their commissaries hir presidentes Touching matters of tith it is lawfull for the chiefe Iustice of the kings bench where any vsage or custome by any partie is pretended to paye lesse then the whole tith as suppose the twenteth or forteth part of his tithes Yea in some cases where no tith at all is payde as vpon the statute of tith wood beeing timber trees aboue twentie yeares groweth to prohibite in hir maiesties name euery iudge ecclesiasticall that hee proceed not to the determination of any such cause and so to take vnto him selfe the hearing and determination of the same according to the common lawes of hir highnesse realme There is small diuersitie of reason why the same or some other Ciuill magistrate may not as well heare and determyne all and singular causes of tithes after what maner or forme soeuer they be payde as whereby long continuaunce of tyme they haue beene customablye payde after such and such sort or where no payement at all hath beene made In the seconde or thirde instaunce when appeale is made from an Archbishop Bishop or Archdeacon into hir highnesse high Court of Chauncerie or Delegates in any case whatsoeuer hir maiestie by the prerogatiue of hir Crowne and dignitie hath absolute power to appoynt such men to set a finall ende and ordinate direction therein as by their wisedomes shall be thought consonant to equitie right and good conscience There is no disparity of reason why in the first instaunce shee maye not as well haue like authority or why like authority from her or by her Maiesty may not lawfullye bee committed to any of her subiectes though no ecclesiasticall persons but onely seculer and laye men Neyther by this meanes shoulde the course of Lawe touching appeales be taken away but the same might be still practised as now it is In the prouinces belonging to the Romaine Empire though presidents and Proconsulles had their Commissions from the Emperour yet appeales were notwithstanding made from those Gouernours vnto the Consistories and tribunall Seates of the Emperoures imperiall City of resyaunce and cheefe aboade And therefore though the Gouernmentes nowe reputed Ecclesiasticall but in trueth Ciuil were absolutely translated from Ecclesiasticall men and put into the hands