iuri communi Statutes ought so to be vnderstood that they may adde somewhat to common right Circa sublimes literatas personas quae maioribus beneficijs sunt honorandae cum ratio postulauerit per sedem apostolicam poterit dispensari Conceruing men of Nobilitie and learning who with greater 3. Extr. de prebend c. fi de multa benefices are to be honoured the Apostolike sea if reason shal require may dispence with such And in another Chapter the same is confirmed Pag. 127 MVLTA ENIM in hoc casu dispensationem inducere videbantur literarum scientia morum honestas vitae virtus fama personae multiplieiter a quibusdem etiam ex fratribus nostris qui eumin Extr. de elec c. innotuit scholis cognouerant approbatae Manie things 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 diuerslie commended euen by some of our brethren vvhich knevv him at schoole These gifts and graces these qualities these conditions are incident and appertaine by common right to these men that by waie of dispensation may possesse manie benefices Whosoeuer then is not commendable for his learning for his honestie for his sincere life or not of some auncient and noble familie the same man by lawe is vtterlie barred and secluded from this benefit The second qualitie required to the validitie of euerie dispensation is the waightinesse of some speciall cause as appeareth in the Chapter before recited in these words Cum ratio postulauerit when reason requireth And againe wee aunswere saith Alexander the third in a decretall Epistle written to the Bishop of Exceter that it belongeth to the iudgement of Extr. de voto c. 1. him that is President that hee consider diligentlie the cause of communication and so accordinglie to dispence And by the Chapter Magnae Extra de voto It is plaine and euident that there must be some speciall cause knowen for the which euerie dispensation is to be graunted For as I saide before to the ende that euerie dispensation be good and auaileable by Law there is required necessarilie both the abilitie of the person to whom and the iustice of the cause for which the same ought to be giuen For neither may an able man without a iust cause neither a iust cause without an able man moue the Iudge in anie wise to dispence And to tell you what these speciall causes are in few wordes they Pag. 12l 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 For the vrgent necessitie and euident vtilitie of the Necessitie vtilitie of the Church onely iust causes of a dispensation 1. q. 7. requiritis 〈◊〉 nisi Church of Capua which on this behalfe wee rather haue respect vnto our pleasure and will is that hee continue It is vnlawfull by common right for a Monke or laie man to bee admitted to the gouernment of anie Church with cure of soule yet notwithstanding if by reason of warre famine persecution or other extraordinarie cause the office of pastorall teaching did cease so that the people had none to instruct them in the waie of saluation now in this case it is lawfull for him that hath authoritie to dispence with a Monke or laie man endued with learning to the end hee might by instruction bring the people to knowledge It is vnlawfull that children borne of a Runne violentlie taken aware and married should be admitted to anie Ecclesiasticall orders Notwithstanding if the great profit or necessitie of the Church require they may by dispensation bee admitted Suppose there were a custome of long continuaunce and time out of minde in the Church of Paules contrarie to the first foundation of the Church that not onelie the Prebendaries dailie present at diuine seruice but also others absenting themselues should receiue euerie one a like some dailie pention either in money or some kinde of victuall this custome by lawe is voide because it is vnreasonable And yet notwithstanding anie iust and necessarie infirmitie of the bodie of anie Prebendarie or euident vtilitie of the same Church may bee a lawfull and sufficient inducement for the Ordinarie to dispence with the not restoring of that which was vnlawfullie taken vnder pretence of the former custome Pag. 129 If by the first foundation of the Church of Paules tweine Prebendaries were appointed to bee mainteined by the reuenues of the Church and the sayd reuenues were not sufficient for the mainteinance of these twelue the Bishoppe then in this case if the necessitie and vtilitie of the Church so require may annect certaine other Chappelles for the mainteinance of the sayde Prebendaries These examples doo sufficientlie prooue that euerie dispensation priuiledge or immunitie ought to bee grounded vppon some iust and reasonable cause and that the sayde iust and reasonable cause ought euermore to bee the vrgent necessitie and euident profit and commoditie of the Church And that the said vrgent necessitie and euident commoditie of the Church ought euermore to bee vnderstoode the well gouerning of the soules of the people If therefore neither vrgent necessitie or euident vtilitie of the Church require that anie one should haue manie Benefices yea rather if it bee most profitable and necessarie for the Chruch that one man should haue but a liuing appointed for one man and that by ioyning benefice to benefice and Church to Church the Church indeede is meruailously wounded grieued and molested and that the soules of the people are thereby not gouerned at all but lefte at randon to their owne direction hauing no guide to conduct them euerie one may euidentlie discerne dispensations in that behalfe to be altogether intollerable hauing no ground nor foundation of reason equitie or lawe but onelie graunted for the priuate gaine and iucre of some couetous and vaine glorious persons Whereas it may be answered that the statutes of the realme licensing diuerse Ecclesiasticall persons qualified either by degree of schoole or by seruice vnto nobilitie ought more to be respected in this behalfe then the reasons of the Canon law Herevnto I aunswere that for my part I heartelie desire and praie vnto God that these lawes might be respected and that the law of England might rule an English man in this case But alsse our lawes are bels without clappers they are founded but they found not they are bands but they binde not Pag. 13 For though by the statutes of the realme certaine noble mens Chaplaines others graduated in the Uniuersities be qualified and made capable of dispensations yet I denie the lawes of this Realme to approue anie manner of dispensations tollerable at all for anie kinde of these qualified men vnlesse the same be first in cases of
graunt anie such mittigation vnlesse the partie first alleage and by some lawfull proofe make manifest vnto 〈◊〉 that both teuching the abilitie of his person and the necessirie of his cause theâ— ought in equitie an exemption and 〈◊〉 bee graunted vnto him For Priuilegia saith the Lawe are pretudici alâ—â— magnum ff de minori l. de etate d. ex de priuil c. sane 7. q. 1 potuisti bast l. 1. de â—â—l l. ver pariunt preiudicium ideo sunt cum pleâ—â— cause cognitâ—one tractanda priuilegium non est dandum nisi certa ratione inspecta non subito sed cum magna deliberatione Priâ—â—â—â—ges are prâ—iudiciall and 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 vnlesse the certaine reason thereof be foresâ—eue not sodainlie but with great deliberation and aduise In which deliberation and aduisement taken by the iudge first the aliegation or petition of the partie agent or suppliant secondly the proofe manifestation of the same his petition is to be considered For no dispensation ought to be granted at the proper motion pleasure of the iudge alone but euerie dispensation ought to be granted at the instance petition of the partie alone Pag. 15 Quia laxari ius non debet nec solui nisi parte postulante inuito non debet beneficium coÌ„ferr◠§ Hoc auteÌ„ iudicium ff De dam. infect ff De regni iur l. inuito extra de Symo. Licet heli Cod. de fidei com libent l. fi Et sententia debet esse conformis petitionâ— Et iudex semper debet iudicare secundum allegata probata Because the lawe ought not to be released or remitted but at the petition of the partie a sentence ought to be conformable to the demaund a Iudge ought euermore to giue sentence according to things alleaged things proued And therefore sithence no other cause by Law may be aleaged in the court of faculties for the graunting of anie dispensation for many benefices then the verie apparant vtilitie vrgent necessitie of the Church I conclude that the iudge his dutie and office is in anie wife not to admit anie other manner of allegation but to pronounce the same altogether friuolous to bee of no value in law The Doctorship the Chapplainship the worship of anie Ecclesâ—astical person are not sufficient causes in this behalfe alone vnlesse also together with the same meete concur the profit and necessitic of the Church And if the said allegation as vaine friuolous be to be reiected then no dispensation thervpon ought to be granted for otherwise the iudge should of necessitie either allow other causes then the lawe booâ—h alow or eise pronounce iudgemeÌ„t otherwise theÌ„ according to the demand both which were to to great absurdities And therfore out of the former rules and principles of Lawe I argue thus 1 Whatsoeuer is burtfull and preâ—udâ—â—â—al the same ought aduisedly and vpon consultâ—â—â—â— to be graunted 2 But dispensations are hurtfull and preindiciall Pag. 153 3 Therfore dispensatioÌ„s ought aduisedly vpoÌ„ consultatioÌ„ to Extra de priuilig c. sanc Extra de simo c. licet beit be graunted And if euerie dispeâ—sation ought to be granted by sentence vpon some consultation haâ— yâ— then euerie sentence vpon some consultation had ought to bee giuen according to things alleaged and things demanded Pag. 154 IN which allegation and demand to the end the sentence may be conformable to the demand so effectuall in lawe must be foreseene two things First that there be expressed no false or erronious cause Secondly that the same hide or conceale no truth For Ea dicitur legitima dispensatio in qua nihil tacetur vel nihil exprimitur Glos in extâ— auag execrabilie de prebend ver ex dispensâ—tione quo expresso vel tacito princeps verisimiliter duci potest ad dispensationem denegandam That dispensation is reputed lawfull wherein nothing is concealed or nothing is expressed that being concealed or expressed the Prince may by likelihood bee induced to venie the said dispensation If then euerie sentence must be conformable to the allegation euerie iudgement agreeable to yâ— demand and that neither out of the sentence for a dispensation any knowen truth or manifest equitie ought to be coÌ„cealed neither in yâ— same anie false or erronious cause ought to be expressed it followeth of necessitie the euerie allegation maâ—e for a dispensation ought to be of the same nature of the sâ—â—e condition and yâ— euerie allegation not of the same nature 〈◊〉 is an vnlawfull allegation and an vnequall petition Moreouer euerie one yâ— hath authority to dispeÌ„ce ought to kepe thâ—â— rule Vt statuat vel dispenset Glos in extrauag coÌ„t col 3. ver contra ius aut contra scriptum si aequâ—â— as quâ— mouet ipsum mouisset legislatoreÌ„ si casus nunc emergens esset sibiexpositus That they ordaine or dispeÌ„ce against law or against wâ—it if such equitie as â—â—â—ueth him might haue moued the law-maker himself to haue grâ—nted a dispensatioÌ„ had the case now growing bâ—n proposed at yâ— time of the law making to the law-maker It followeth then againe that equitie being the cause of the senteÌ„ce for a dispensatioÌ„ the same equitie must also be the cause of the allegation for a dispensation For if the iudge must giue a dispensation where equitie requireth the vartie must then demaund a dispensation where equitie requireth For equitie is alwaies the foundation and ground-worke of a dispensation And what equitie euen such equitie as mighe iustlie haue moued the Lawe-maker to haue graunted a dispensation Now then because the Law maker authorising yâ— Archbish of Cant. to giue dispensations hath beene the high court of Parliament It followeth that the Archbishoppe may dispence onelie in such cases as wherein the high Court of Parliament would haue dispenced had those cases beene alleaged before the high Court of Parliament which are alleaged before the Archbishop Iudex non aliter iudicare debet pro sapientia luce dignitatis suae quam princeps esset iudicaturus A Iudge for the wisdome ff De offic prefect preter l. 1. in fi and excellencie of his worthie calling ought no otherwise to iudge then the Prince himselfe would haue iudged Suppose then that such a Cardinall as of whom mention hath bene made or such an Abbot whose Abbacie is a Nemo scit whose two Ecclesiasticall promotions besides are at the least worth fiue hundered markes by the yeare suppose I saie that such a Cardinall should come into the Parliament house and after lowe obeysaunce made preferre this or the like Bill to the speaker beseeching the whole house vpon the reading thereof and the equitie of his cause to graunt his sute I A. B. Clarke saie alleage and shewe before pour excellent wisedomes that
AN ABSTRACT OF CERTAINE ACTS OF PARLEment of certaine her Maiesties Iniunctions of certaine Canons Constitutions and Synodals prouinciall established 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. 1. Nulli licere ⧠Neither let them feare to be called and suspected picke-thanks seeing their faithfulnesse and diligent trauell carrieth with it as well praise as honestie and godly Zeale hauing published the truth to the eares of all men and brought it to the open light PROVERB 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 and peaceable estate both of the Church common wealth haue bene shrewdly troubled and brought in hazard The causes of which war 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 appointed for the gouernance of the same Church hoping that by the authoritie of hir excellent maiestie and the counsaile of the honorable fathers and gouernours of hir highnes empire they may hereafter not onely be better executed but also if the case so require be reuisited For were the same lawes either better knowne vnto the whole Church either better executed by those vnto whome our gracious Soueraigne hath committed their Execution no doubt but very many and notable points of such controuersies as haue bene a long time amongst vs would be easily and speedily by the same lawes decyded I am not beloued in this so waighty a cause absolutely to rest my selfe vpon the skill of mine owne simple iudgement onely according to the knowledge giuen vnto me I haue for my part faithfully laboured to cite the lawe for that ende and purpose wherevnto I take the same to haue bene first ordeined And therefore I am hartely to desire thee to accept of this my labour and trauaile vndertaken not onely for the defence of her highnesse Lawes but also for my brethren and neighbours sakes and that peace and prosperitie might be within the wals and pallaces of Ierusalem Farewel and pray in thy spirit for the preferuation of the life of our gracious Queene ELIZABETH Pag. 1 AN ABSTRACT OF CERTAINE ACTES OF Parlement of her Maiesties Iniunctions Canons and Synodals Prouincial esta blished and in force for the peaceable gouernment of the Church within her Maiesties Domini ons heretofore for the most part vnknowne and vnpractised 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 Pag. 2 Prouided also that such Canons constitutions ordinances and Synodals prouinciall being alreadye made which be not contrariant nor repugnant to the lawes statutes and customs of this Realme nor to the domage or hurt of the Kings prerogatiue royall shal now still be vsed and 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 all Canons constitutions ordinances synodals prouincial made before this act requiring and commanding a learned Ministerie prohibiting many benefices to be giuen to one man prohibiting ciuil iurisdiction to be in Ecclesiastical men and prohibiting one man to excommunicate for that such Canons c. cannot be contrary or repugnant to the lawes of this Realme nor hurtful to the Kings prerogatiue are in force ought to be executed therfore 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 Pluralities forbidden c. Pag. 3 A LEARNED MINISTERIE A learned Ministerie commanded by the Lawe NIHIL EST. c. There is nothing that may Ex De elect Cap. Nihil est hurt more the Church of God then that men vnworthy are taken to the gouernment of soules VVe therefore willing to apply a medicine to this disease decree by an inuiolable constitution that when any shall be chosen to the gouernment of soules he to whome the confirmation of his election appertaineth diligently examine both the processe of the election and the person elected to the ende that if all things concurre aright he may confirme him in his function For otherwise if any thing shall be vnaduisedly attempted not onely he that is vnworthily promoted but also the vnworthy promoter himselfe shall be punished and if any man shall approoue any of insufficient learning of an vnchast life or not of lawfull age when his negligence herein shall appeare we decree him to be punished thus not onely that he be quite depriued of power to confirme the next successor but least by any meanes he might scape vnpunished that he be also suspended from the commoditie of his owne benefice 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 hurtfull to the Church of God to haue vnworthy men taken to the gouernment of soules 3 Therefore the same is to be forbidden 1 He that cannot worthily execute his office is not to be admitmitted to holy orders and Ecclefiasticall dignities 2 But a man of insufficient learning and of vnhonest conuersation cannot worthily execute his office 3 Therefore such a one is not to be admitted to Ecclesiasticall dignities Pag. 4 IF any iudge the meaning of this Chapter to be onely of superiour Prelats as Archbishops Bishops Abbots or such like elected by some common societie of Canons Monkes Friers or collegiat Priests because of these words Election and Confirmation properly applied to such and 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 redound to the Church in both cases if for both remedies were not before hand prouided And also to vnderstand that the name of Prelate is by law attributed likewise to euery Parson and Uicar hauing cure of soules Quia quilibet qui praeest â—â—ae animarum dicitur esse Praelatus Euery one that is preferred to the cure D. ex de eleric â—grotant â—â—sud giâ—s lynd Consti de sâ—cra iterâ—nd c. ignorantia vers praelatâ— 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 things together with the ende of the Chapiter where
times appoynted for fastes VVe declare that that custome as enimie to Ecclesiastical institution is vtterly to be improued And had we not regard vnto the multitude and auncient custome of the land men ordained should not be suffered to minister in orders so taken for with vs men so ordayned should be deposed the ordainors should be depriued of authoritie to ordaine Thirdly touching the presentation of Deacons to be made by the Fol. 1. pag. 2. Fol. 1. 1. Archdeacon or his Deputie and of Ministers by the Archdeacon onely out of many particular lawes this generall Maxime is verified SI PRINCEPS c. If the Prince commit a cause to any Panor in c. fin § is autem nu 5. de offic deleg De offi c. delâ—g l. 6. c. si cui c. fin extra de off c. delâ—gat and commaunde him personally to execute the same if in this case consist publike commoditie this his commissarie can not substitute an other no not euen with consent of parties because where the Prince either couertly or expresly doth make choice 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 to him the forme of his commission An example of this may be thus Suppose that the Treasurership in Paules were voyd and that her highnesse had commaunded the Bishop of London to prouide a fit man for the same roome whether De offic delegat lib. 6. c. si cui ext de offic deleg c. vlt. now the Bishop may commit this his charge to be performed by an other then by himselfe or no And it is answered negatiuely because in the choice of a fit person consisteth great danger and therefore the Bishop being but an executor of her Maiesties pleasure he may not substitute any other But because her highnesse had commaunded the same Bishop of London to haue giuen the same prebend to Lucius Titius whether then might the Bishop in this case subdelegat Archdeacon Sempronius And the answere is affirmatiue that he might for nowe her Maiestie by hir selfe hath nominated the partie to be placed and hath not chosen the Bishops industrie for that purpose and therefore he may assigne this prouision vnto another But it is otherwise where the industrie of a Person is chosen concerning one to be elected for then he may not set ouer that his office to any other Pag. 82 Now then out of these rules and lawes I conclude that sithence it hath pleased the high court of Parlement particularly and expresly by name to make choice of the Archdeacon and hath personally qualified him as their meetest man for this charge chosing the industrie of his owne person in presenting fit men to be made Ministers or of his Deputies in presenting fit men to be made Deacons and forsomuch also as in this action consisteth the publike benefit of the whole Church and on the which hangeth the greatest perill and daunger of the whole Church For these causes I conclude that an Archdeacon onely must ought of necessitie present one to the Bishop to be made a Minister that the Bishop cannot dispence with him in this case and that neither the Bishop neither the Archdeacon neither the partie to be made a Minister neither the Clearks and people present by their consents can alter or transpose any thing herein Publica vtilitas est pars agens Publike ff de pact l. in publicum vtilitie is the partie agent in this businesse and Pacta priuatorum iuri publico non derogant The couenants and agreements of priuate men doth not derogate from common right And if the contrary haue bene practized what may be concluded thereof shall follow immediatly And againe by these proofes you may euidently see that the calling the triall the examination the time the person appointed to present and the age of one to be presented haue not bene things meere contingent but rather essentiall not causas sine quibus non but causes formall to the making of Deacons and Ministers and such causes as being omitted haue bene sufficient causes both to depose from their functions those that haue bene contrarywise ordained and to punish the ordainers for their negligence in that behalfe And therefore that our conguetied Ministers not made according to the order and forme of the statute be in deede and truth no Ministers at all the act it selfe whereby they be made and whereby they challenge their dignities being in deede no act in law hauing no law to approue the same and therefore to be punished by the lawe of man as well for entring into a calling against the law of man as also for prophaning the holy and sacred mysteries of God Pag. 83 For what if respect be had to one or two or foure or mo of the solemnities and circumstances before rehearsed those two perhaps of the least weight and moment as vnto the age the time the Bishops particular interrogatories and the Archdeacons presentation and yet the rest of the greatest weight and importance as their learning their honesty their aptnesse to teach c. be negligently or willfully omitted shall the proceedings by such as please themselues in their owne inuentions and be both Iudges and parties thus in shew and apparance onely supposed to be done by them that are wise and vpright Iustices and whome publike profit ought to moue to the redresse of disorders be reckoned to be done in deede and veritie Yea if all the former solemnities yea euen those also of the least moment and such as in truth might haue bene reputed accidentall rather than substantiall had it pleased the law makers to haue appointed them so haue bene and are oftentimes omitted in the making of Ministers and one neuer called neuer tried neuer examined neuer knowne to the Bishop before that day to be of any vertuous conuersation not qualified as is requisite not learned in the Latine tongue not sufficiently instructed in holy Scriptures as he that came to the Bishop 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 daies respit to answer 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 ministery duely not presented by the Archdeacon the Bishop making Ministers at Exceter and his Archdeacon at Oxenford or the Bishop making Ministers at Lichfielde and his Archdeacon of Durham Pag. 48 not moued by the holy Ghost not admitted on a Sunday or holy day not of 24. yeares of age not perswaded of the sufficiencie of the doctrine of the Scriptures to saluation not an example in himselfe and his familie to the flocke of Christ not a Minister of the doctrine and discipline of the Lord Christ not
nisi cum pridem §. alia verò causa Ext. de renunc therefore the decretall epistle to the Bishop of Arles saith There is another cause for the which a man may desire to be released from the burthen of a Bishops charge which is weakenes of bodie arising either of sicknesse or of old age and yet euerie debilitie is not such but that onelie whereby a man is made vnable to execute his pastorall dutie for if vpon euerie weakenes of bodie the office of seruice once taken in hand might be forsaken in vaine had the apostle confessed that he did euen glorie in some his infirmities Seeing that the weakenes of age ought sometime no more to wey with a man to make him resigne than that ripenes of behauiour which often accompanieth old men ought to persuade with him to continue in his owne function For of such saith the apostle When I am in weakenes then am I stronger for sometimes the weakenes of the bodie dooth increase the valoure of the mind But now againe he leaueth the matter of resignation and for proofe of his principall issue he bringeth two allegations one out of the common Extrauagants and the other out of the Clementines which doo séeme to me to be brought in but to make a number and culled out without choise there being much more pregnant places to that purpose which in his cursorie and desultorie perusall of these bookes did escape his hands For these doo onelie require that vnfit persons in knowledge maners or age be not preferred to ecclesiasticall liuings whereof I would gladlie learne how it could follow that therefore whosoeuer is not able to preach and is not endowed with all those gifts which are in this discourse required is for want of knowledge vnfit which is his generall scope where at he leuelleth Which knowledge and skill to be able to profit the churches where they serue that it is no such exact cunning as he dooth beare vs in hand hath partlie appeared afore and better shall appeare afterward And trulie his choise was verie slender when he chose the preamble of that canon wherein the pope pretendeth bicause he would be sure to haue such chosen as should both gouerne and profit the church that therefore he taketh the prouision and bestowing of all ecclesiasticall liuings into his owne hands which should happen to fall void in the court of Rome or within two daies iorneie of the same The Constitution of Otho alledged telleth what kind of maister is indéed required yet without mention of anie preaching nor yet in that strict maner but that occasions may happen that a man more meanelie qualified may be tolerated in the ministerie In which respect the * Gl. in constit Otho Sacer ordo verbo illiteratos glosse saith If the preests should be poore either by their parentage or through the barrennes or wasting of the countrie so that they could not applie their studie but should be driuen otherwise to get their liuing by handie labour it is to be thought that then they ought with fauour to be tolerated yet so that they be something more skilfull than lay men especiallie about the sacrament of the altar whereabout they are dailie occupied Which is the verie case of this our church in manie places the more is the pitie His next allegation out of the same place he hath both mangled FalsificatioÌ„ and falsified For where the Constitution inueiheth against those that haue the liuing and roome of priests being not in orders but more like souldiers than priests As hauing no care of holie life or learning this he maketh generall vnto manie besides And where the text hath Simplex sacerdos that is saith the * Gl. ibidem verbo simplex sacerdos glosse not intituled to the church but a stipendarie curate he adding to the text translateth it A sillie ignorant priest 8. Section Pag. 14 15. THis Constitution of Otho amongst other things forbidding vnlearned men to be ordered ministers dooth not prooue euerie one to be vnlearned that is not fit to preach and expound scriptures which is a point of more competent skill than an abilitie as occasion is offered to exhort to good life to dehort from vice or to comfort in aduersitie though the same cannot to anie purpose be done without some skill and practise in the scriptures And therfore the author hauing so slenderlie prooued that which is his intention had the lesse cause herevpon thus to set vp his fethers and vntrulie and gibinglie to saie that the canons published 1571. and the aduertisements doo yéeld testimonie that the Bishops A slaunderous vntruth doo proceed first and inquire afterwards that they first giue the minister a charge appointing him to teach and afterwards send him to the Archdeacons or his Officials court to learne whereas the said canon agréed vpon but not yet that I can learne confirmed by authoritie and the aduertisements alledged doo onelie charge the Archdeacons and their Substitutes to take an accompt in their visitations of the meaner sort of the clergie of certeine chapters of the new testament without booke to the intent it may appeare both how they profit in scripture and that thereby they may be the more perfect in the text Which thing if it should be also performed voluntarilie as a priuate exercise by the best and most learned ministers that we haue I thinke it might greatlie profit them and no modest man would interpret it so that they did but then begin to learne the scriptures as héere is odiousâ—â—e insinuated It is reported of B. Latymer of reuerend memorie being accused by his persecutors neuer to haue exercised himselfe in scripture bicause they saw some debilities of old age appeare in him that he should answer that the baie trees in Clare hall in Cambridge were able if they could speake to witnesse with him that he conned without booke vnder them all the epistles of S. Paule The words of Barthol are not as our author hath alledged them but thus Qualitas adiecta verbo intelligitur secundum tempus verbi and they are brought in by him onelie in waie of obiection against the text which is contrarie to this Corrupt dealing of the author rule as his solution of the said obiection dooth plainelie shew For he saith It is a * Bartol in l. si quis posthumos §. filium ff de liberis posth sufficient verification of these words he dieth intestat though a man haue made a will the daie of his death if vpon anie occasion afterward falling out as by the birth of a child vnto him after his buriall the said will and testament be reuersed So that we sée it is not generall that The qualitie adioined to anie verbe must be construed according to the tense of the same verbe The law which he quoteth ff de ferijs hath no one word giuing anie colour or sounding anie thing that waie The other * L. 43.
him alledged are not to be impeached either by that of pope Adrians or any other like being taken out of the sixt of the Acts of the apostles is vtterlie besides his owne purpose Which is not to shew what is decreed in the word of God in any of these controuersed points but what is by canons constitutions and synodals prouinciall in force amongst vs. And therefore if this of pope Adrians or any other to like effect were not to the hurt of the prerogatiue rosall nor repugnant to the lawes and customes of this realme but had béene put in vre and practise before the making of that statute it might according to our authors foundation stand for law still in this land though it were 25. H. 8. c. 19. not consonant to the word of God Which I bring to shew the authors wandring from his issue and not in any such respect as though this his allegation might otherwise haue serued his turne For it is manifest that it cannot bicause that course of election mentioned in the Acts was not vndertaken for satisfieng of any expresse commandement of Christ but vpon an especiall occasion of a mutinie of the Gréekes against the Hebrues for that their widowes as seeming to be distrusted or contemned were in the administration of the common church stocke ouer-passed whereas the canons brought for proofe of excluding the multitude from elections were not grounded vpon anie one particular occasion but of the nature of the people and exigence of the cause it selfe That of the Acts speaketh of deacons onelie and is not read else-where in all points to haue béene obserued either in a Act. 5. choosing of an apostle of b Act. 2. ministers or of c Titus 1. Bishops There also the whole multitude of the disciples made choise without the apostles who ment thereby to auoid all suspicion of corrupt dealing which two circumstances no man will I hope require in choosing either of a Bishop or minister especiallie that the Bishops and other of the cleargie should be debarred from any stroke in that action séeing therein there cannot be the like cause of suspicion Where by the waie it is not amisse to be obserued how hard it is to kéepe a great multitude in the bounds of moderation séeing the Holie-ghost in the great sinceritie of that church in comparison of our times noteth no lesse where it is said In those daies as the Acts. 6. 1. multitude of the disciples grew there arose a murmuring c. Also that the apostles called them together and prescribed vnto them what they should doo in that point of externall policie and that according to the present occasion offered without any prescript word but onelie by the instinct of Gods spirit Further that the apostles set out the qualities of the men to be chosen but tied them to no certeine forme of election to be obserued neither doo we read what forme of election they then vsed Againe that the disciples were to looke out and choose such as they thought fit to be trusted with the church stocke but the apostles reserue to themselues the appointing of them to their offices if they should be found to be such as were described â—oreouer that the deacons were appointed for the further case of the apostles in some part of their function Lastlie that the disciples presented them to the apostles censures who by imposition of hands did as it were consecrate and authorise them to the function of deaconship Now if by this act our author mind so hard to curbe vp all churches as that he will accuse them to giue A counterbuffe to the Holie-ghost which in their ordinations doo not agrée herewith in all circumstances or if he will tell vs that something extraordinarie was here in this action not to be followed of vs then must he shew by direct scripture what was ordinarie and what extraordinarie least By his owne doctrine he seeme to accuse Christ not to haue dealt faithfullie in his fathers houshold in not giuing a perfect lawe Pag. 20 for gouernement of his church by discipline and must reconcile other places of scripture concerning the like action which doo not agrée in all points with this In the first of the Acts two are presented one is chosen by lot and no imposition of hands is mentioned here seauen are chosen the maner not set downe by the multitude and being presented to the apostles they all appoint them and laie their hands on them In the 14. of the Acts Paule and Barnabas are said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and to haue fasted but no mention is made of the imposition of hands here is no mention of fasting but of imposition of hands Here all the apostles did appoint them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the first to Titus he onelie is willed to appoint priests 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 according as Paule had prescribed vnto him Naie let him shew vnto me any two reformed churches of diuers nations that iumpe in all circumstances hereabouts or any one of them which permitteth this action without intermedling of the chéefe pastors vnto all the disciples or multitude of beléeuers in the said church which yet haue an interest in hauing a good minister But as I take it the chéefe swaie and moderating of such actions are in all other reformed churches in such men to whom this trust is especiallie recommended And hath not likewise for auoiding of sundrie inconueniences the whole church and realme of England by parlement wherevnto euerie man in the eie of the law is said to haue consented reposed this trust in a few choise men of the ecclesiasticall function Euen maister Beza himselfe concerning this place of the Acts dooth saie There is no cause * Lib. confess c. 5. whie hereof any man too curiouslie should prescribe anie speciall rule but if the conscience be vpright it will be easie to set downe what is expedient according to the circumstance of times and places His second reason as it séemeth is grounded of these words of Adrians canon Let no laie or secular prince thrust himselfe into the election of any Bishop Which if they be vnderstood as afore is prooued they ought to be concerning the election and consecration onlie reseruing by good reason as it hath béene alwaies at the common law in this land the licence to elect nomination roiall assent supremacie homage vnto hir Maiestie then is hir Highnes prerogatiue no waie touched nor any thing deriued vnto other which hir Maiestie claimeth to be due vnto hir selfe But to let both Adrian and his canon lie in the dust how can the canon of the councell of Laodicaea which bebarreth multitudes from election of those who are to â—e preferred to the ministerie impeach hir Maiesties prerogatiue Which if it by no meanes can doo then is our authors reason defectiue séeking to ouerthrowe all canons to this purpose bicause the canon of pope Adrian seemeth to him to
as in those cases alledged there an inference cannot be brought from one to another bicause in penalties we argue not to the like by like for d De paenit dist 1. §. paene 10. And. super gl ita c. si postquam de elect in 6. penalties go not beyond their owne proper case But to put this matter quite out of doubt and to shew the vanitie of this kind of reasoning once for all it is well knowne to those who are but meanelie studied in lawe that e L. non possunt 12. cum l. sig l. 27. 32. ff de legibus although the rule be that Where the same reason is there the lawe also is the same yet euen then when a difference can hardlie be taken and alledged this rule hath manie limitations namelie where some speciall lawe is repugnant to the argument drawne from the identitie of reason For as f Aristot li. 2. Rhetor. ca. de solutionibus Aristotle saith It is no inconuenience for two probable matters to be contrarie the one to the other For there is lesse authoritie in arguments than in lawes bicause right is g L1 ff de reg iuris l. 5. ff de probat not to be established out of generall rules but from especiall and particular decisions of lawe For if right should not be gathered out of lawes but from discourse of reasoning and from generall rules which be gathered vpon the lawes then would the law be not onelie infinite but also vncerteine yea and contrarie in it selfe bicause the rules of law be almost infinit and one reason may easilie be insringed by another reason And in this respect Tullie * Li. 1. de oratore saith In the ciuill law we are taught not by disputations to and fro which be infinit and full of alteration but by the authoritie and direction of lawes Also this rule holdeth not * L. 7. si pupillorum §. si praetor ff de rebus minorum where a man is adiudged or decréed touching some certeine persons for such a decree is not to be drawne to all cases which be alike Lastlie this reasoning and interpreting any case by a like lawe vpon the simsâ—itude of reason in them both is onelie * L. 11. Pomponius ff de praescriptis verbis L. 2. §. sed quia C. de vetcri iure enucleando L. 11. §. cum igitur C. de legibus permitted to him that hath soueraigne authoritie and rule and not to those that onelie haue single iurisdiction but much lesse to him that hath neither of both Neither is our authors intent any thing holpen by Bartol vpon L2 ff de ijs qui notantur infamia bicause he hauing there shewed that there is one degradation of souldiers or knights verball and another reall and when two processes and when but one to that purpose are required he saith Those things which I haue said of the degradation of soldiers the same is also to serue about degradation of doctors and clearkes not noting that for the like offenses they all are to be deposed but that the like maner of processe is appliable to them all As for that which is said that He which vsurpeth the ensignes or armes of a doctor being none is guiltie of forgerie can no waie serue for punishing such as haue the outward calling into the ministerie how vnworthie soeuer but such as doo vsurpe that calling without any externall calling whome other * Ext. de clerico non ordinato ministrante Canons more pregnant than this lawe dooth sufficientlie méet with 34. Section Pag. 71. NDw at the last our author hauing quit himselfe like a man and prooued sufficientlie at the least in his owne conceit all ministers to be vnworthie and to deserue in that respect depriuation which cannot preach least perhaps the magistrats though being by him so fullie persuaded should neuerthelesse faint in this action as not knowing what course to take in the maner of procéeding against them he verie gentlie taketh the paines to tell them out of Panormitane how they may safelie procéed to depriue them for their ignorance and want of learning But he maketh his processe to reach vnto those onelie who neither haue read any bookes of learning nor haue béene taught by others reading vnto them though his intended purpose was to disable all notwithstanding they had both read priuatlie and heard others in diuerse sorts of good learning if they were no preachers And therefore he calleth all such Idols dumbe bare mumbling ministers and hirelings But it is better to heare the words of Panormitane himselfe than his falsified paraphrase Panor in c. vlt. de aetate qualitate vpon them Note first saith he that want of knowledge is a lawfull cause to depose a man from a Bishoprike and then is it said there is want of knowledge when he knoweth not Grammar Note also secondlie that knowledge is not gotten except it be taught by another or else he himselfe haue read bookes tending to knowledge And so this maketh against them that will pretend to learne both without a teacher and without bookes and heere of you may gather the practike of deposing a man in science ignorant bicause it is sufficient if the witnesses depose that he neuer read any bookes nor euer went to schoole or heard anie reader or teacher So that we may easilie perceiue Faâ—â—â—fication by the author our authors falsification hereof when as he by his translation of Panormitane omitteth wholie that Want of knowledge is ignorance in Grammar and maketh both the priuate studie and the hearing of a teacher to be â—â—intlie requisite for the escaping of this ignorance wher as in truth Panormicane requireth but either the one or the other to this purposâ— and therefore with the coniunction and taken coniunction non diuisim Panormitane saith A man cannot learne without a teacher and without bookes both as plainelie appeareth by the disiunctiue following whereof if any part be true all is true Also Panormitane speaketh here not of euerie inferiour minister but of a Bishop nor of want of any other knowledge but of Grammar And least of all by him is it reguired as our author séemeth to doo that a minister should learne that strange booke Of controuersies of the gospell Whereby may appéere that it is but a loose vnperfect rule to mesure out a ministers learning or abilitie by when no greater stuffe than Grammar is necessarilie required of a Bishop And therefore the same author in * In. c. nisi Ext. de renuntiatione another place saith A competent or reasonable knowledge is sufficient in a prelat neither is it any lawfull cause to resigne and giue place to another if he want an eminent skill And againe What ibidem if a prelat be ignorant but be such as may easilie learne The glosse saith he may learne and then licence to resigne shall not be granted and to
his first conclusion that these thrée The examination the time for ordering and the presenting by the archdeacon and also The calling whereof he hath before not spoken one word are points Essentiall and causes formall dooth fall flat to the ground and much more his other conclusion depending thereof that none being no preachers whom he therfore called Toong-tied are to be accompted ministers bicause they are Not made according to the order forme of the statute Whereby he would beate not vnlearned ministers alone but withall like one blindfolded with malice he lasheth out at all ministers in whose ordination some such slender circumstance hath not béene perhaps vsed 41. Section Pag. 83 84. ID his question heere seeing All solemnities in the making of ministers as he thinketh are by the lawmakers appointment essentiall or substantiall in case some not of the least moment onlie and which might otherwise wel inough haue beene reputed accidentall bee omitted but other of greater weight which he reckoneth whether then men so ordeined By our statute lawe be ministers at all or no I doo answer that except he can both prooue all such whose omission he would inforce to ouerthrowe the whole action to be essentiall and also those other circumstances to concur which in the end of the next section sauing one afore I haue shewed to be required to the adnulling of an act for want of forme we must still accompt them for lawfull ministers in the church For although the Bishop who omitteth any of those which be of moment may be punished yet I for my part cannot accompt any point of the ordination to be the formall cause of the externall calling into the ministerie besides the words giuing the authoritie to execute that function and the two necessarie solemnities of praier and the imposition of hands I doo obserue in this section that he or his printer to gratifie him hath twise changed the forme of the letter from Romane vnto Italian as though they were not the authors onelie words but some allegation Also that among those things which he would necessarilie haue the Bishop to haue regard vnto and not to omit at ordinations he reckoneth this that the minister be mooued by the Holie-ghost and be persuaded of the sufficiencie of scripture to saluation and surmiseth verie vncharitablie these to be wanting in Too too manie of our ministers which no man but the spirit of the man himselfe which is within him can iudge so soone is he lept into Gods owne throne and faketh vpon him to set downe what lieth hid in a mans owne conscience Likewise is that of his ridiculous where he blameth the Bishop for ordering him that is not example to his flocke or will not teach c considering it is not possible for the Bishop to prophesie how the minister will behaue himselfe in his function afterward And the booke prescribeth not these as qualities to be attended before the ordination but as solemne vowes and promises before God and his congregation the more strictlie to tie the minister vnto the fulfilling of his dutie And so is this as foolish and wandring where he saith The vnlearned ministers the complaints to the Councell the Bishops owne records are glasses where in wee may see these omissions of forme and maner at ordinations not to be feigned I doo thinke verie few complaints haue béene made for not obseruing the forme of the booke and fewer circumstances omitted I am sure are recorded Touching his Daior proposition of his syllogisme That the forme not obserued by him which had no authoritie before that booke of ordering was by law confirmed except he meane it that they had no authoritie before to make them according to that forme is most apparentlie false and to be controlled by infinit lawes and canons which endow them with this authoritie as incident vnto their dignitie euen from the apostles times downeward Now the lawe is berie euident that * Gloss singul Caerd in Clem. 1. in princ de iure patronatus Phil. in c. qua fronte Ext. de appel If a forme be by law set downe to be done by an Ordinarie in that point wherein he had iurisdiction afore though the forme be not obserued yet the act done is of force and shall stand Therefore the vanitie of all that hath to this purpose hitherto by him béene said is hereby detected But admitting the conclusion were true That processe not made according to the order and forme of the statute were void how can he inferre hereof that all not being preachers whome therefore he calleth Dumbe and idoll-ministers are no ministers at all Dust we thinke that such as at their making ministers are able to preach haue this priuiledge peculiar onelie to them that no part of the forme can possiblie be omitted at their ordination and that other that be not able are all so vnhappie that the Bishop possiblie cannot at their ordination hit vpon it But what shall we saie then if one able to preach and another not able be at one time and in one maner ordeined togither shall the one shall both or shall neither for want onelie of some forme be ministers Indeed and by law according to this mans supposition 42. Section Pag. 85. THaue shewed before what force these reasons of similitude or comparison are of in all disputation but especiallie in matter of law His * L 10. ff de decuri first That the inserting of a mans name in the register of decurions will not make him a decurion without a due election being set by him vnquoted hath not so much as a colour or shew to prooue anie thing else but that euerie one is not straight without the outward calling of the church to be reputed a minister though he by some meanes haue gotten letters of orders The * l. 30. ff quaÌ„do dies lega cedat reason of the other law by him alledged whie the Iegacie giuen to an infant the day of hir marriage shall not be due before the be married and haue atteined twelue yeares of age is bicause before that time it is but a mocke marriage and may be dissolued at such age neither is reputed a iust and lawfull matrimonie before that time according to that * Institut de nupâ—â—s in initio Iustas nuptias inter se contrahunt ciues Romani viri quidem puberes foeminae autem viripotentes If he will applie this to his purpose then must he prooue that an ordination into the ministerie of any not able to preach is by lawe as no ordination the contrarie where of I * Sect. 30. haue afore shewed euen out of that statute which here he alledgeth where it was also said that the statute hath no one word to make void admissions to orders in respect of any default there touched as may appeare to those who will peruse it 43. Section Pag. 85 86 87 88 89. BIcause our author will make sure
is vtterlie false therefore I conclude against pluralitie men thus 1 Whatsoeuer is established distinguished by the Lord himselfe the same may not be taken awaie or vnited by man 2 But Churches that is to saie assemblies and societies of the Lords people pastours of these assemblies liuings for the pastours of these assemblies are established and distinguished by the Lord himselfe 3 Therefore Churches that is to saie assemblies of people pastours liuings for pastours may not be taken away or vnited by man THe Minor proposition of which Syllogisme to euerie man not minded to cauill at these words Established and Distinguished is infallible and not to be denied for though boundes and limits of certaine Parishes are bordered out by man and that a certaine number of people called to make one congregation and to heare at one time in one place one certaine pastour be at the rule and disposition of man yet that these things should be thus done is the speciall commandement of the Lord. Moreouer when as this thing shall be once thus performed by man according to the Lordes commaundement it shall be is lawfull for man againe where the congregation is too great to make Pag. 124. the same lesse and where it is to little to make the same greater in this sense I graunt that as it is lawful for man to establish and distinguish so it is lawfull for man to take awaie and to vnite Churches and liuinges But because this is not the meaning of pluralists for that they will haue one pastor to be placed ouer manie Congregations and manie Congregations to finde one pastor manie bodies to haue one head and one head to haue manie bodies manie flocks to haue one shepheard and one shepheard to haue manie flockes Therfore mine argument without anie cauili remaineth firme against them And for these considerations as before so againe I denie the consequence made by plurified men for the possessing of many benefices by one man For though by coulour of lawe they pretend right vnto them yet the lawe indeede yeeldeth them no such aduauntage because dispensations for manie benefices and Parish Churches with cure of soules generallie graunted are and ought by lawe to be vtterlie volde and of none effect as partlie hath bene prooued and more at large appeareth by that that followeth Dispensatio Glos 1. q. 7 c. requiritis est iurâ—s communâ—s relaxat to facta 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 common right or no. By which definition it is euident that Dispensare is diuersa pensare nam omnia quae ad causâ— cognitionem pertinent pensare debet qui dispensari vult To Dispence is to ponder diuerse things for hee that will Dispence ought to weigh and to consider all those things which pertaine to the knowledge of the cause In which descriptions three things are principallie requisite and necessarie First the person or iudge that hath authoritie to dispence Secondlie the causes for the which dispensations may be graunted And lastlie an examination or discussion of those causes Pag. 125. So that if anie dispensation or facultie whatsoeuer shall bee graunted either A non Iudice by one that is no Iudge either without a lawfull cause or lastlie without a speciall tryall and sifting of that same lawefull cause before it passe euerie such despensation by a necessarie consequence is meerelie voide because euerie such dispensation agreeth not to the definition of a Glos extrauagant de prebeÌ„d dispensation and therefore cannot bee the thing defined Concerning the partie that hath power and authoritie to graunt dignit c. execrabilis ver vltima H. 8. dispensations and to take knowledge of the lawfulnesse of the causes requisite to make dispensations good and auaileable the same in this Realme is the Archbishoppe of Canterburâ—e and vppon his refusall then such as her highnesse shall appoint to that office according to the forme of a Statute prouided in that behalfe And therefore touching his person thus appointed to bee Iudge I conclude from the generall to the speciall as before that because the positiue lawes of man against pluralities are all grounded either vppon the lawe of Nature or vppon the lawe of God And because as the lawes of Nature and the lawes of God are immutable so shoulde the same positiue lawes remaine stable and vnchangeable that therefore the Archbishoppe of Canterburie beeing a man hath no more right to giue a dispensation against the positiue lawes of man made against pluralities then hee hath to giue a dispensation against Glos extra de vot c. non est ver authoritate Extra dâ— conces preb pro. posuit versupra c. cum ad monasterium ex dâ— statu monacho the lawe of Nature or against the lawe of God For saith the Glose in one place No dispensation against the lawe of Nature or against the lawe of God is tollerable no not by the Pope himselfe As touching the causes wherevppon the sayde Archbishoppe or other officers shoulde and ought bee mooued by remitting the rigour of common right to graunt immunities and dispensations they are two foldâ— One consisteth Pag. 126. in the dignitie and worthinesse of the persons the other in the waightinesse of certaine speciall causes For in truth either the defect of the qualitie of the person or the want of a iust cause in Lawe dooth frustrate and make voide cuerie dispensation For neither can a man qualified and in all respectes capable of a Dispensation inioye the benefite thereof vnlesse hee may also inioye the same vppon a good ground and a iust cause warranted by Lawe Neither can a iust cause and good ground approued by Lawe bee sufficient matter to Vnto vvhat maÌ„ner of persons dispensatioÌ„s ought to bee graunted induce a Iudge to graunt a Dispensation to him that is vnable and vnapt to receiue the same A man well lettered singularlie qualified and endued with vertue and godlinesse or of some noble house and parentage is by Lawe a fit and meete man to inioye â—â—o benefices by Dispensation then one Neither is it a sufficient qualification for one destitute of learning to become a Chaplaine onelie to some Noble man For the Statute prouiding that some Noble mennes Chaplaines shoulde be made capable by dispensation to retayne â—â—o Benefices dooth not thereby take awaie the qualyties required to bee in such personnes by common right but addeth a newe qualitie requisite to be had of euerie one and so maketh the lawe stronger and of more efficacie against pluralities Statuta debent Panor in c. ex parte l. 〈◊〉 de verb. signifi fo 189. nu intelligâ— quod aliquid addant
hath preiudiced himselfe therefore let him secke his liuing by his owne craft because whatsoeuer hath once pleased him ought not anie more to displease him And let euerie one walke in that vocation 70. distinct sanstorum 21. q. 1. c. primo glos extra de rescrip c. si proponente ver minus ff 91. distinct quiautem wherevnto hee is called and let him doe according to the example of the Apostle saying These handes haue ministred vnto mee all thinges that were wanting And let him that is forbidden to get his liuing by filthie lucre and vnhonest merchandise haue a stipend of the oblations and offeringes of the Church but in case the Church bee not sufficient let him after the example of the Apostle who liued by the worke of his handes get by his owne industrie or husbandrie those thinges that are necessarie Out of these lawes against dispensations graunted vnto priuate persons in respect of priuate necessitie I conclude thus 1. If priuate necessitie and pouertie were a suffcient cause to inioy a dispensation for many benefices then should priuate necessitie haue beene warranted by Laws heerevnto 2. But priuate necessitie or pouertie is not warranted by Lawe to bee anie sufficient cause for a dispensation 3. Therefore the necessitie or pouertie of a priuate person is not a sufficient cause for a dispensation Pag. 142 THE first proposition is grounded vppon the verie nature and essence of a dispensation for the same beeing as is sayde before of the nature of a Priuiledge cannot otherwise bee graunted then vpon a iust cause ratified by Lawe The second proposition being a generall proposition negatiue of the Lawe cannot better bee manifested then by a speciall repetition of the thinges 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 vtilitie of the Church or some excellent qualities of the minde or discent from some auncient parentage to bee onelie causes of dispensation excludeth all other causes whatsoeuer And as touching necessitie and pouertie of priuate persons the Lawe absolutelie appointeth other meanes to releeue the same then by waie of dispensation Neither can it bee found in the whole bodie of Lawe that pouertie alone is anie sufficient cause to procure a dispensation for manie Benefices For the Lawe accounteth him alwaies to haue a competencie and sufficiencie which hath Victum vestitum meate drinke and apparell which is prooued thus luxta sanctum Apostolum 12. 9. 1. E. Episcopies ver 9. 2. c. Episcopuâ— sic dicentem habentes victum vestitum hijs contenti simus according to the saying of the Apostle hauing foode and apparell let vs content our selues with that And heere wee learne both what hee that hath taken vnto himselfe a charge hauing but a small stipend annected therevnto ought to doe in case it bee not sufficient that is that he ought to labour and trauaile with his owne handes in some honest handie craft and also what by lawe is reputed and taken to bee a competent and sufficient maintenance euen foode and apparell Moreouer if a man willinglie without compulsion enter into a charge knowing before hand the stipend due vnto him for his trauaile to bee small hee may not lawfullie afterwardes complaine but Pag. 143 if is wholie to be imputed to his owne negligence and fâ—llie that he was no more circumspect better to prouide for himselfe at the first If a man knowing a woman to haue lead a loose and dissolute liâ—e take her to his wife hee cannot for her former mis demeanour giue her afterwardes a Bill of Deuorcement Quod semel approbaui iterum reprobare non possum That which once I haue approued and allowed I cannot afterwardes disproue and biâ—allowe Neither in truth for ought that euer I perceiued by the want of anie pluralitie man if he rightly examine his owne conscience can he pretend anie necessitie and want of liuing for himselfe to be anie iust cause of his foule disorder heerein May Caietane Cardinall of Brygit whose annuall reuenues by his Cardinalship amount to the summe of two hundred pounds may the same Cardinall whose annuall reuenues of his Prebend in another Church amount to the summe of two hundred markes May the same Cardinall whose annuall reuenues of his Archdeaconrie in another Church amount to the summe of fortie pounds May the same Cardinall whose annuall reuenues of his owne and his wiues patrimonie amount to the summe of fiftie pounds complaine iustlie that he standeth in neede of sufficient liuing to maintaine himselfe his wife and two or three children and therevpon purchase to himselfe a license to retaine a benefice from the which he receiueth peerelie one hundreth marks May a Cardinall I saie thus furnished with so many Ecclesiasticall dignities affirme safelie with a good conscience that he wanteth and standeth in neede of a conuenient liuing Pag. 144 Nay may not the Lordes people rather crie out against this intollerable ambition rauine and spoile yea maye not the common weale yea doth it not feele to her ruine the iniserable pouertie and penuriâ— of his stipendarie Curate vpon whom he thinketh to haue bestowed a large and bountifull reward for his seruice in the ministerie towards the mainteinance of him his wife and familie when as his farmer shal pay him by the yere ten or twelue pounds at the vtmost Is this tollerable by lawe No no the pretence of pouertie that this man and his fellowe Cardinall hauing Church vpon Church and a personage vpon his prouost shippe doo make to be a cloake for their worldlinesse can neuer shroudâ— it selfe so couertlie but their iniustice by lawe may soone bee difcried and discouered For this clause of lawe Sed ettam habentes plures ecclesias c. But they that haue manie Churches one not depending on the other it is lawfull for thee notvvithstanding anie appeale to the contrarie to constraine them at their choice to leaue one of them vnlesse they shall bee so poore that they cannot conueniem lie haue their proper and peculiar Priests I saie this 〈◊〉 Nisi ita fuerint teaues cannot excuse master Cardinall or â—â—ster Prouost to retaine his Abbey or Frierie and by dispensation a benefice or two besides For that as I said before this Priuiledge hath no place when as a man voluntarilic hath taken vpon him a small charge and so contented himselfe with a small portion at the first but onelie it hath then place and then taketh effect when as Ex post facto by some after deede his Church is imponerished Moreouer those Churches are counted Tennes in substantia Churches small in reuenue which haue not a storke of ten persons families or householdes able to contribute to the mainteinance of a pastor as appeareth by the Canon following HOC NECESSARIVM c. This vve haue thought
not doubt but there be verie many in this church of England though not so manie as were to be wished in respect of the parishes which by the mercie of God are as well able in all respects considering the frailtie of man to discharge that dutie which is incident to a pastorall charge as in any age heeretofore hath béene found either here or in any other like particular church or nation elsewheresoeuer which thing also he himselfe setteth downe as a truth and as a dutie that may be discharged so the partie be resident euen in the Minor of his last syllogisme in this section The Maior proposition of which his last syllogisme except it be ment of a perpetuall and a continuall hinderance which yet the partie himselfe might auoid or of such as otherwise dooth not bring some greater or as great a benefit to the whole church some other waie is vtterlie also vntrue For besides the gréeuous visitation of God by sicknesse which is no sufficient cause as hath béene afore shewed to remooue a man from his benefice who therefore may haue a coadiutor assigned vnto him there may be manie other causes laid downe for the which a man may iustlie sometimes be awaie from his pastorall charge and discharge it by another as namelie if he be abroad for recouerie of his health if he be called by his superiors authoritie to answer matter in law obiected against him if he be forced for the repulsing of gréeuous and in tollerable iniuries to prosecute another in law or for the reteining of his owne right if he be sent of ambassage by his prince or otherwise necessarilie emploied and commanded attendance if his helpe be required in other places for the pacifieng of schismes and disorders and for confutation of heresies if his paines and trauell be required for the confirmation of true doctrine taught by another if his presence be desired as needfull or expedient at some consultation about church matters as at some synod particular prouinciall nationall or generall and lastlie if some other parts of the said nation and church should otherwise be wholie destitute of a pastor to féed and instruct them For if vpon these and manie other like occasions of no lesse importance it were simplie vnlawfull for a minister to be absent sometimes from his pastorall cure and to substitute another to supplie his roome whie I praie you may diuerse of your Saints of God and seruants of the Lord which by a pharisaicall 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 you oppose against all other not so fantasticallie affected as they whie I saie may they gad abroad from their cure hauing no cure elsewhere to looke vnto by the space of fiue or sixe moneths sometimes in a yeare hither and thither at pleasure and lie from their cures by the space of thrée or foure moneths by troops together in London or at the least a whole parlement time being not called to counsell in the conuocation Is there by their absence some publike commoditie comming or growing towards the church and may not another learned pastor hauing diligentlie fed his flock by a good part of the yeare in one place yet not neglecting the other people in the meane time bestow to the profit of the church the rest of the yeare in painefull preaching and teaching to the people of another parish Both which peraduenture might else be either wholie destitute of preaching as being seuerallie no sufficient maintenance for a man of studie and qualitie or else haue but such a one which being as bold as ignorance may make a man which is the greatest boldnes that may be would aduenture to speake 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not knowing at the first what or how to speake and yet being once set of talking could not tell how or when to make an end 2. Section Pag. 108 109. THis chapter like as the former speaketh against such as reteine manie prebends yea more than two that without dispensation Which may appeare both by the glosse and also bicause it is called ambition in them which * Panormi◠in c. de multa Ext. de praeb infine is not appliable vnto those whome the partie authorised therevnto finding sufficientlie qualified shall for good cause according to lawe dispense with for reteining of such benefices For ambition resteth either when a man vtterlie vnworthie will set himselfe forward arrogantlie to that which he is vnfit for or being worthie shall séeke it by vndue meanes and contrarie to law And therefore as it looketh not towards his purpose to proue dispensations for mo benefices vnlawfull so can it not be applied against the practise of this church wherein none be allowed to reteine mo pastorall charges or other promotions ecclesiasticall in law termed benefices without dispensation though in truth it reach a blow His reason retorted against his owne adherents vnto diuerse of his clients who can be contented notwithstanding in law a prebend be accompted a benefice and in some cases also haue cure of soules to reteine one two or thrée yea foure prebends sometimes onelie bicause they doo not passe in common speeches vnder the names of benefices and to the intent of residence and incompatibilitie by statute law are not accompted cures of soules yea and that without all dispensation according as is required Which therefore can not in them be cleared from the staine of ambition howsoeuer they beare it out with a stearne looke and a clowd in their forehead amongst those which admire their great sinceritie and which doo verelie beléeue that their feed is so pure that they would rather liue by aire alone than be susteined by church liuings euen as the Chamaeleon is supposed by some to doo with as great truth as that such haue no prebends to mainteine them His first reason here touching the maintenance of ambition by pluralitie of benefices is sicke euen vnto death of the same disease that his first syllogisme of his other section A fallacie ab accidents was and is a fallacie Ab accidente because though some may be led therevnto by ambition yet is it not anie necessarie efficient cause thereof Yea in his Minor of this syllogisme lurketh a fallacie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 bicause though it be ambition in such as seeke to aspire to preferments which the law will not intitle them vnto yet is it not ambition in those which being qualified according to law doo seeke it onelie by ordinarie meanes That which he speaketh in his second syllogisme of Roging is his owne proper goods and not borrowed out of this canon The Dissolution and often going to and fro which the canon speaketh of and he translateth as it liketh him a Dissolute and gadding ministerie whereas yet no mention is made of ministerie is as I take it set downe to shew a difficultie of reteining such within the bounds of ecclesiasticall rules and offices which by occasion of their seuerall prebends situate in diuerse churches
passe or exceed least he fall of necessitie into these damnable vices But if there be such a tax what may be said then of such as albeit they haue two benefices are yet far vnder a mediocritie and which if they might haue six mo of such liuings as they haue should not yet reach vnto the value of some one benefice Shall we saie he which hath but one such great one is free from this danger and he which hath two though neuer so little ones shall be caught with ambition for aspiring to such an high honor and be touched with couetousnes by the great temptation of such notable reuenues as peraduenture will not make his pot séeth twise in a weeke Naie if these sins must necessarilie take hold of him that hath euen two of the fattest in England by reason of the quantitie of the reuenue of them and if the rest of his reasons be also in this point good and effectuall then shall the like stint of liuing in all men as well laie as ecclesiasticall be simplie condemned as being against the law of God and of nature for feare of necessarie staining of them with ambition couetousnes theft murder dissolutenesse breach of order But if the quantitie of ground or number of the parishioners to be instructed be the efficient or formall cause of producing necessarilie such foule effects then should he likewise haue cast out his modell of ground and proportion of euerie flocke which may not be exceeded and should haue shewed vs how farre the large parishes which we haue in sundrie places ought to be shred off lopped pared and therby reduced to the Comelines and decencie which he fansieth And also how this deuise may stand with theirs and his owne platforme which would haue diuerse parishes vnited into one And likewise why one may not haue two parishes by the name of two as some by law therevnto allowed haue at this time as well as by the new guise and deuise to allow the same man three or foure parishes in déed but vnited together and called but one For the Abstractor maketh no difference in this treatise whether the benefices doo ioine together or be disioined by anie distance for he indefinitlie dooth condemne the hauing of mo benefices than one howsoeuer they be situat And herevpon it would follow that it is more méet that all the parishioners though in the foule and short daies of winter how old and crasie soeuer they be of thrée or foure parishes as they be now distinguished should take the paines to assemble themsolues into one place to heare their minister rather than he should come vnto them and teach them at home in their parish churches as they now doo lie in seueraltie But if the diuiding of his auditorie and teaching them at sundrie times be the verie efficient or formall cause of this heape of enormities and the onelie thing which misliketh him then truelie besides that it can not be proued or yet imagined how the diuision of a mans auditorie should make the minister guiltie of such crimes he must also likewise condemne those which doo teach and instruct seuerall families at home and apart from the rest of the bodie of that congregation Also we must hereby disallow all chappels of ease whersoeuer some of which as I haue crediblie heard are in some places 6. 7. or eight miles distant from their parish church And by the like reason if all diuiding of a mans auditorie be so vnlawfull it will follow that the minister is much to be blamed which teacheth not all his parish at one time though in deed necessarie occasions of businesse falling out doo draw sometimes one and sometimes another into other places abroad and doo deteine those which be seruants verie often at home whereby it is not possible to teach them all at once And therefore we may conclude safelie that the hauing of mo benefices dooth not formallie or efficientlie infer anie of those faults which the Abstractor by the misvnderstanding of the canon law would needs inforce and that therevpon the Antecedent of his reason is to be denied And yet further these reasons taken as he saith from the law of God whervpon the prohibition of pluralities is grounded and those second causes of one mans enioieng the stipends of many of his vnabilitie to discharge manie charges of the hinderance of other from dooing good in the church being causes as he affirmeth vntrulie of nature are not simplie and absolutelie alledged by the law as may appeare by the discourse afore as things incident to any enioieng of mo benefices but onelie then when as the partie which so reteineth them is not qualified sufficientlic nor dispensed with therevnto according as law requireth And therefore his collection is a fond Paralogisme 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by taking that as simplie and indistinctlie spoken which is limited and restreined onelie vnto certeine offenders of law in that behalfe And he might with as great probabilitie gather bicause coining is by law forbidden as high treason that those who by authoritie are therevnto appointed doo breake that law Or bicause such who seise into their hands fellons goods or wreckes happening in their lordships are vniust men and punishable for taking that which belongeth onelie to hir Maiestie that those therefore are also wrong-dooers who enioy the same by speciall grant or priuilege from hir Highnesse or hir predecessors in reward of theirs or their predecessors good seruice But the Abstractor in effect here confesseth that all these great crimes in the canon law were but obiected against such as reteined mo Benefices without dispensation and therfore by the perfection that is required in vs he would threap kindnesse of vs that for vs to enioy more than one benefice by dispensation is To defend all those horrible sins and impieties as tolerable by dispensation In which respect he asketh vainelie whether A dispensation from a Pope or an Archbishop can make theft no theft c. Wherein though it please him to ioine in the poisoned cankerdnesse of his malicious stomach the pope and the Archbishop together who is I dare sate as far and that is far inough from poperie as the pope himselfe either yet the Abstractor are from christian modestie and charitie Yet if he had but common sense which now is drowned in malice he might haue remembred that a dispensation dooth not make a thing which is simplie vnlawfull to be thereby lawfull but declareth the rigor of some generall positiue law weied with all particular circumstances and the reason thereof vpon especiall grounds considerable in that case and at that time to cease or else worthie to be released and to leese his force as being in such a case without the meaning of the law And yet it is shewed afore that the enormities which he speaketh of are not by law attributed to the hauing of mo benefices simplie but when they are enioted contrarie to law nor euen then as
Iuxta aequum bonum For a g Thom. 2. 2. q. 88. art 10. lawe is established with regard to that which for the most part is good and bicause it happeneth in some cases not to be good it was méet there should be some to declare and determine that in such a case it was not of necessitie to be kept Likewise in this sense of dispensation the same author as he is h Dom. Sotus de iust iure li. 1. q. 7. art 3. alledged dooth define that it is Commensuratio communis ad singula an admesurement or attemperance of a generall vnto his particular or singular circumstances or as some doo read it an attemperance of reason For he rightlie may be said l L sin C. de legib c. cum venissent Ext. de iudicijs to interpret law which declareth whether the matter in hand is included in the said law or no. An example hereof where Gods law is in this sort interpreted and declared not to haue place euen by the positiue lawes of men may be taken from the commandement of God that we shall noâ— kill which is truelie declared not to haue k L. vt vim ff de iust iure place where in necessarie defense of our selues we are driuen to kill rather than be killed vniustlie In the lawe of nature the generall and most vsuall reason requireth that vpon request made I should redeliuer that which in trust you haue recommended to my custodie yet some most iust reasons and considerations may l L. bona fides ff depositi Plato li. 1. Polit. fall out why this should be denied at some time And therefore * Offic. li. 3. Tullie speaking hereof saith that Manie things which naturallie are honest vpon some occasions are vnhonest In most countries they haue a positiue law that a man should not carrie out of the realme any monie armour or weapons yet such occasions vrgent causes may happen that in iustice a man may not be denied to doo this whom the prince will haue to trauell into some dangerous countrie And of this sort of dispensations or declarations of the meaning of law or mixt of them both are all such which the Archbishop of Canturburie by act of parlement is authorized to passe as may appeare in that he is limited onlie to those dispensations which be not against the word of God or lawes of the land and for the most part also to those which vsuallie haue bene granted and in that the qualities of the persons also to whom in some cases he is to grant it are expressed and lastlie bicause if he doo denie to dispense with him which is qualified therevnto and hath need of a dispensation without a sufficient cause and doo so persist this authoritie may be deriued by that act of parlement vnto others So that we sée in effect he is onlie made a iudge herein to examine and wey the inward qualities and sufficiencie of the suter for the dispensation whom if he find fit and a good cause in equitie to warrant it he cannot in iustice put him off but must grant the dispensation vnto him And that none of such dispensations faculties or immunities which are vsuallie passed according to law by the Archbishop of Canturburie are of that sort which be either by the law of God forbidden or yet such as may not haue a necessarie vse so that without manie inconueniences they cannot wholie be abolished may appeare to the wise who can consider of their seuerall vses vpon rehearsall onelie of them and shall be defended God willing by learning and sound reason so to be against the other sort which are factuoustie bent against them As a benefice In commendam to a Bishop who hath a slender maintenance by his Bishoprike a trialitie for a prebend or dignitie being no cure of soules by statute with two benefices hauing cure of soules or a pluralitie for two such benefices to such as excell the common sort in Gods good gifts For take awaie inequalitie or reward and no place will be lest to indeuour for any excellencie in learning of one aboue another in verie short time A legitimation of him to be preferred to holie oâ—ders who was borne out of lawfull matrimonie or before espousals or for a man to succeed his father in a benefice either in respect of the great and excellent gifts in them or vpon some other weightie considerations A dispensation for one aboue eightéene and not xxiij to reteine a prebend being without cure of soules though he cannot be assumed to be a deacon A dispensation for some notable man emploied in hir Maiesties seruice at home or abroad to reteine for his better maintenance a dignitie ecclesiasticall or a prebend of like nature without his residence in that church or entring into orders which is not fit to be made generall to all which haue not like occasions The dispensation for non residence is verie sildome or neuer granted yet the recouerie of a mans health mortall enmitie of some in his parish against him emploiment in some necessarie scruice or publike calling being of as great or greatèr vtilitie to the church and common-wealth may be sufficient inducements in equitie to grant it for a time The dispensation of Perinde valere may haue a necessarie vse where no right is growne to another person for a man that hath incurred ecclesiasticall censures or is made vncapable by law â—ither to reteine or receine an ecclesiasticall benefice as by misaduenture occasioning the death of a man violating the interdiction suspension or excommunication of the church vnaduisedlie or by succéeding his father in a benefice and such like a number In like maner manie necessarie occasions may happen whie a man should be licènced to be ordeined at some other Bishops hands than where he either dwelleth or was borne or to be ordered deacon and minister both at one time or to solemnize matrimonie though the banes haue not béene thrise publikelie asked in the church or to eat flesh on daies appointed by politike constitutions for fish daies or to abolish the infamie or irregularitie of some profitable man in the church growne by law against him vpon ignorance simplicitie or want of due consideration without wilfull contempt Besides this the statute of 25. H. 8. dooth not alone endow the Archbishop with dispensing but to grant rescripts in diuerse néedfull cases namelie for creation of publike notaries and to grant tuitories for the lawfull and indifferent hearing of such as are by iniurie vpon some great displeasure conceiued too rigorouslie and violentlie handled and sought by an inferiour Ordinarie But it may perhaps be said that if to ground such a Dispensation of iustice a iust cause be required then the reason of the lawe in that case ceaseth and thereby the law also ceaseth therein so that a dispensation is not néedfull To which I answer that albeit the reason of the law doo cease and take
such souereigne is the lawgiuer himselfe or by presumed intention that they which made the law meant to yeeld power of dispensing with the rigor and extremitie of it vnto him in all * Arg. ex gl §. fina l. tale pactum ff de pactis such cases as by likelihood and probabilitie they themselues would haue dispensed with if they had bene in particular it ie opened and recounted vnto them at the first establishing of it But an inferiour vnto whom anie such authoritie is expresselie yet without full power and authoritie committed is to follow in all points the direction of his commission or where the same is defectiue the common positiue law concerning the ruling and guiding of such dispensations And this same presumed intention of the meaning of the lawemakers is the most proper cause that in my iudgement can be assigned generallie of euerie dispensation of this qualitie and condition Now when a c. si quis culpatur 23. q. 1. c. in pres de renunciat gl in c. ad aures de temp ord in c. 2. de maior obed Cynus Bart. in l. fin C. Si contra ius vel vtil Fely nu 60. Dec. nu 24. in c. quae in cccle Ext. de constitut a souereigne prince dooth dispense with any positiue law of man the lawe teacheth vs to intend and presume both that there is a cause why he should so doo and that the same cause is iust and sufficient insomuch that b Anchor cons 288. Fulgos cons 143. Loazes pag. 371. no proofe to the contrarie of this presumption may be admitted as some doo hold but if he doo dispense with such a law of man as hath some necessarie and neere coherence with the law of God or of nature as for example sake we may assigne lawes for distribution of almes and other beneficence to the poore godlie bequests and deuises of the dead vnto good vses without a good and sufficient cause in déed though both the dispenser and he which is dispensed with in vsing of it doo in the inward court of conscience and before God offend yet neuerthelesse that verie relaxation of the bond there of being onlie of man shall stand so farre foorth good and effectuall as that the acts c Fely vt supra nu 6. Bart. post gl in l. relegati ff de poenis which by vertue thereof are doone shall be in the court of man auailable and not to be impugned Yea by the opinion of some verie well learned such acts doone shall be of force d Syluest rer Papa que 15 euen in the inward court of a mans soule and conscience For example wherof they bring a dispensation granted without any cause for the mainteining and sirengthening of a clandestine matrimonie contracted which is condemned iustlie by the law of man vpon verie good and pithie reasons And howsoeuer both the parties themselues saie they haue offended therin first in so contracting then in vsing a dispensation vpon no iust ground and he also that shall condescend to dispense with it being mooued with no good reason therevnto yet the matrimonie shall be of force and the issue thereof is in both courts legitimate And whereas a Fortun in l. Gallus §. quid si tantū ff de l. post some doo seeme to be of contrarie opinion héerein which thinke such a dispensation granted without cause not to enable any act to be of force which is done by vertue thereof their opinion is thought not to be sound except it be vnderstood of an inferiour that shall by commission haue a limited and not full authoritie from the souereigne to dispense b Innoc. in c. cum ad monasterium de statu regulaerium in c. dudū 2. Ext. de electio bicause such a dispensation from him cannot be of any validitie either in the one court or the other except it be warranted as procéeding vpon some good cause For we are not by law to presume and intend for the goodnesse and sufficiencie of the c Fely in c. que in ecclesiarum Ext. de constitut gl DD. in L. relegati ff de poenis est com opinion Loazes in loco citato cause for any dispensation passed by an inferiour not endowed with full power and authoritie vnlesse it doo so appeare indéed Now on the other side if he that hath authoritie be he souereigne or inferiour doo grant a dispensation without any reasonable cause about such a law as is méerelie positiue and hauing none immediate or néere relation vnto the law of God or of nature then albeit he in so dispensing d Ber. in c. non est Ext. de vnto Thom. 1. 2. q. 97. ar 4. dooth offend by breaking that right and equabilitie of the law intended to publike good and which is common to all in fauour of one yea and that without any iust cause of preheminence to him aboue other yet he that vseth such dispensation especiallie if it be without greeuous offense giuen and direct damage of others dooth not e Gl. in ver execrabilis Ext. execrab de praebend Fely c. ad audientiam 2. de rescriptis Gigas de pensi q. 6. nu 13. offend against a good conscience but may lawfullie inioy it bicause he is by the same authoritie deliuered from the bond of that law by the which he stood bound as is euident in the verie matter of pluralitie and dispensation which we haue in hand And according to these distinctions are all those things to be vnderstood which to like purpose here and there in this treatise as occasion was or shall be offered are by me vttered whereby the grounds and causes wherevpon all dispensations and exemptions may lawfullie and safelie be granted and vsed according to the more sound opinion of the best learned lawyers and schoolemen may partlie I hope with some plainenesse be discouered But if it should be asked in which degrée and sort of these three dispensations those for pluralities which by statute of the realme are committed to the Archbishop of Canturburie ought to be placed Truelie in consideration that both they and other dispensations by him to be granted are there so bounded for the matters themselues and for the persons though not for the maner of procéeding are so exacted of him to passe them where iust cause appeareth that if he shall refuse to dispense then this power and authoritie giuen by the whole church and the realme to him shall be deuolued ouer to others I cannot see but that they are to be reckoned either amongst those Dispensations of iustice which are conuersant about the positiue lawes of man or amongst such as be mixt of both 14. Section Pag. 129 130 131 132 133 134 135. HEere the Abstractor fansieth that he hath so battered vs with his canons that we must be forced to raise a rampier of our statutes to make vp the breach whereas in truth
the validitie of dispensations also for pluralitie But I answer that this constitution is penall and strict and therefore not to receiue anie such extension That the rule that the same reason maketh the like law hath manie limitations whereof some may be found to be appliable to this case and are touched in the former treatise and lastlie that in these two faculties the reasons be not alike For he that inioieth a pluralitie gouerneth and profiteth the church by his learning atteined in that place where he maketh his resiance whereas if a dispensation De non promouendo during the time he would remaine at studie should indefinitlie be granted without limitation then the partie might continuallie be a learner without euer profiting by instruction any part of the church in any place whereâ—oeuer Yea the law decideth this controuersie by permitting the grant of the one dispensation for life and making the other but temporarie which is aboue all dispute So that although he that is dispensed with to inioy two benefices be not accompted directlie to haue a facultie of non residence they two being diuerse yet is it by law * Gl. in c. in tantum Ext. de Praeb as to other accessaries necessarilie consecutiue without the which it could not else sort to effect to be extended also to conteine and implie this facultie * Gl. in c. non potest de prae in 6. Fely in c. fin Ext. de Simon Ias in l. beneficium ff de const principum Panorm in c. extirpand◠§. qui verò Ext. de Prebend that he need but to reside in the One of his benefices bicause no man can be personallie resident in two churches at one time Therefore out of the premisses I answer to his Maior proposition two waies First that if dispensation be taken for an administration of iustice and right as it is sometimes vsed then is the verie collation and institution of a worthie man a facultie whereby he may inioy the fruits of a parish church during life though not in his absence which is not here expressed and in this sense his Maior is vntrue as making all such to be void Againe there lurketh a fallacie in the equiuocation of the word Granted For if it be vnderstood of an expresse grant to him that shall be absent as I thinke he meaneth which is a direct facultie for non residence and be granted by an inferiour since the making of that constitution considering no absolute or souereigne prince such as the pope claimeth to be can thereby be tied otherwise than voluntarilie Quia par in parem non habet imperium then will I grant his conclusion But if he will extend the word granted so far as to carie all such grants whether expreslie so conceiued or but by implication onelie then is it to be denied as false bicause in a dispensation for pluralitie by the secret operation of lawe a faculitie of non residence vpon the one or the other benefice is necessarilie implied and allowed without expressing euen during the life of the partie And therefore there is no cause whie by collusion or indirectlie the Archbishop should seeke if he were so desirous in that sort to gratifie any man to renew their faculties of pluralities after seauen yeres séeing he may by law grant them for terme of life which may necessarilie be thereof inferred bicause the partie being instituted to a perpetuitie in both and dispensed with to reteine and keepe them it cannot be otherwise intended but that his dispensation shall last so long time as * c. si gratiosae Ext. de rescri c. satis peruersum dist 66. A confident and false asseueration he shall haue title vnto them which is during his life Therefore I cannot in truth maruell inough at the confidence of this man that so generallie dare auowch in the negatiue vpon no more ground then you see that Before the 25. of H. 8. no facultie was granted at the See of Rome or by authoritie thereof for the reteining as he meaneth of the fruits of any parish church longer than for seuen yeares space When as manie yet liuing are able to shew autentike buls whereof some I haue seene to the contrarie And Rebuff who * Rebuff in forma dispen ad duo in verb. quoad vixeris setteth downe the most ordinarie tenor of them as they were sped vsuallie in the court of Rome and maketh an exposition of them dooth shew that they were not onelie in title but also In commendam granted there for terme of life Yea though they had not beene there so granted yet the * 21. H. 8. c. 13 statute which throughout speaketh of Purchasing dispensation of taking receiuing and keeping of two benefices with institution and induction which bréedeth a title and that without any limitation or distinction of time dooth conuince him of arrogant vanitie in this behalfe For * 25. H. 8. c. 21 the statute for dispensations dooth not alonelie establish licences accustomed to be granted by the See of Rome as he vntrulie surmiseth but reacheth also in some sort vnto dispensations for any matter whatsoeuer not contrarie nor repugnant to the word of God And if he will affirme these dispensations during life to be contrarie to it then shall he not be anie more able to excuse those which are granted but for terme of seauen yeares which he seemeth to thinke lawfull than he may doo the other which be perpetuall And herevpon againe he telleth The commissioners that manie licences will vpon this point be found void which hath told vs by the scope of this whole discourse that all dispensations for pluralitie were simplie forbidden by lawe wherevpon it must néeds follow that they should be vtterlie Contrarietie void so that all this labour about making of them void vpon the Causes and circumstances of granting is hereby descried to be as needlesse and vaine as his proofes of the former indeuour were weake and feeble 18. Sect. Pag. 151 152 153 154 155 156. THe matters conteined in this section I do take it may verie conuenientlie be reduced to these foure heads that dispensations are to be granted with examination and looking into the cause that they must be granted at and according to the pâ—tition of the partie that nothing be expressed or concealed which by likelihood might haue induced the iudge to denie the dispensation and lastlie that he dispense not but where the law-maker himselfe would haue béene mooued to dispense by the equitie of the cause if the case in particular had beene opened vnto him Now if he meant hereby to instruct the Archbishop how to obserue law in granting such dispensations which he would beare vs in hand are wholie vnlawfull then hath he sadlie indeuoured himselfe as the prouerbe is to be starke mad yet with good reason and discreation Yet the Archbishop hath perhaps some cause to giue him thanks which out of that deepe buttrie and