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
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
something to be recalled backe from their fantasticall breaches of the lawfull vnitie and vniformitie of this church too long by them vsed to the great animating of the papist and that none of his priuate hot apologies for them do giue anie sufficient colour of law or equitie to protect them dooth now thinke he shall be sufficientlie therfore reuenged by beating back one naile with another and by obiecting breach of lawe also vnto those graue Fathers whome hir Maiestie hath put in authoritie for reducing of others to conformitie of hir lawes ecclesiasticall Whose faults and ouersights if any such be as are supposed as they are not by themselues defended or by others to be excused so in christian charitie ought they not in this manner as Cham did his fathers nakednesse to be laid open and Quasi in scena insulted vpon to the thrusting through of religion by the sides of the ancientest learnedest and most godlie professors thereof Neither dooth it become euery triobolar mate thus couertlie to carpe either at hir Maiesties singular wisedom who with the aduise and assistance of hir renowmed wise Conncell hath made choise of those Fathers as hauing more integritie and sufficiencie than he is willing by any meanes to agnise or at the lawes of the land by parlement heeretofore established where they satisfie not his appetite not onlye disputing against them but ouer-ruling Quasi â—â—nsoria virga in what manner they ought to be altered according to his deepe iudgement or so dangerouslye to enforce so great innouation or yet so spitefully to sow seeds of dissention amongst the Great men of the land Which course of his if others should vpon this occasion begin to vse against himselfe and those whome hee so affecteth by setting downe out of their speeches preachings and writings grosse absurdities and dangerous errors in opinion and by theyr practise the vyolent breaches of sundrye lawes and statutes of this realme not committed vpon ignorance or frailtye but stoutly stood vnto and mainteined I do coniecture that both he and they would quicklye repent them for offering to put their matter to triall vpon such an issue But it is well knowne to children that although it is * 3. q. 7. c. quisine c. iudicet c. postulatus most conuenient for him to be free from blame who is ready to accuse or iudge another yet one mans fault is not any warrantise for another man to doo amisse and yet howe little hee hath found or effected of that which hee hoped for and Tanto cum hiatu promised the discourse following shall I hope in parte make manifest IN his Epistle to the Reader is pretended these paines of his cheeflye to haue beene vndertaken that By better execution of these lawes many and notable pointes of such controuersies as haue beene a long time amongst vs might more easilye and speedily by the same lawes he decided By which controuersies and contention about Reformation of Ecclesiasticall discipline and popish ceremonies he sayth The quiet and peaceable estate both of the church and common-wealth haue beene shrewdlye troubled and brought in hazard Surely though his wish of excommunication not to be inflicted by one alone would if it were expedient put some of them in a kinde of Paradise of obteining their souereigntie of seniors in euery parish the want whereof breedeth these threats of hazard to the common-wealth and which is the onely thing they meane by Reformation of ecclesiasticall discipline and the Helena which they contend for naie the popedome which they gape after as though no other course this now in vse being once abrogated could be taken or deuised but that yet can I not conceiue but their seniors which will sometime intermeddle vnder pretense of conscience or charitie with euery kinde of matter most ciuill euen to the reuersall of iudgements as is notorious where that consistorie is settled shall leese as much another way if all matters nowe handled in ecclesiasticall courts should * Pag. 234. according to this mans deuise as meere ciuill causes bee haled away from them vnto the temporall courts As for all the other points of the booke if this turbulent Tribune might of his absolute power inspire them with the life of lawes they would no more do good vnto his clients about their breaches or impugnings of the booke of Common prayer or for their hot skirmishing with the ceremonies of our church odiously by him termed Popish than 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or the smoke of a hot ladle would do good to a man that is hungrie And therefore herein he hath not otherwise than by tickling factious humors which are delighted to heare their betters girded any â—ot pleasured His brethren and neighbors for whose sakes hee hath atchieued this doutie peece of worke Another cause is alledged for the enterprise of this worke The defense of hir Highnes lawes How many of these by him brought are to be called in trueth hir Maiesties lawes in force remaineth to bee discussed But how agreeth this with that * Pag. 238. part of his booke where he calleth these hir Maiesties lawes and all The ecelesiasticall law popish to be abandoned and as a froth or filth to be spewed A contrarietie in the author out of the common-weale that hir Maiestie cannot gratifie hir capitall enimie so much as by authorising and practising his lawes that it were not a dodkin matter all the bookes thereof were laid on a heape in Smithfield and sacrificed in a fire vnto the Lord c. Such faults as these being 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 will seldome be wanting In multiloquio But I pray God send hir Maiesties lawes better patrones than such as in a published booke dare dispute against sundry of them father such for lawes as be not and which he himselfe in a generality dooth condemne and which fostereth and cherisheth manifest and wilfull breakers of hir Maiesties lawes in deed and also inueigheth bitterly against such as according to law and trust reposed in them by hir Maiesty do seeke to reforme and reclaime such offendors of lawe from their former contempts in despight of whom and in fauor of such wilfull law breakers all in this booke to haue beene written a man which hath but halfe an eye may easilie discerne and not In defense of hir Highnesse lawes as hypocriticallie is auouched neither yet for any Peace and prosperitie in the wals and palaces of Ierusalem which I praye God by other better meanes than this to grant to this church vnder the long peaceable and prosperous gouernement of our souereigne Ladye Elizabeth for his Christes sake Amen The Booke Pag. 1 2. WE read of some politike capteines of this our countrie that haue partlye vsed the arrowes shotte shorte at themselues against theyr enimies and partlye haue suffered them to sticke still to annoye theyr fyrst owners at the ioyning of the battell euen so our author is heere content verye politikely to alledge against vs the
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
the Church of S. S. by the naturall death of D. H. late incumbent is become vacant Pag. 155 and that I the sayde A. B. am qualified according to the Statutes of the Realine and the Patrone Non potest dispensatio super pluralitate beneficiorum concessu impetranci prodesse qui aliquod quaÌ„tumcuque modicum beneficium conticuit in eadem of the same Benefice hath presented inee therevnto and that I am possessed aireadie of such and such a spirituall promotion and that I am bound by the Statutes of my house to bee resiant in the same three moneths in the yeare and that I am bound by the Statutes of the Church of one of my promotions to bee present in the same Church two moneths in the yeare and that I am bound by the Statutes of the Church of my other promotion to be present there three moneths in the yeare and that I am bound by my alleagiance to her highnesse to bee present else where some whole quarter of the yere And that the soules of the people of the foresayde Parish are in daunger of the woife not hauing a Pastor to feede them and that that euident vtilitie and vrgent necessitie of the same Church requireth a gouernour may it therefore nowe please your wisedomes to award mee a dispensation to inioye the fruites of the same Church to tollerate mine absence and to bee Nonresident c. Suppose I saie that this or the like supplication were made by a plurified Priest in the Parliament house would the house trowe you bee mooued presentlie to yeeld to so vniust a petition I trowe nay For the partie should expresse in his petition all things to be expressed and conceale nothing to bee concealed as by the first rule before repeated is required yet the house would no doubt mindfull of the second rule and dispute the equitie of his cause and so award iudgement accordinglie they would not vpon so bare naked assertion decline from iustice and equitie And no doubt the speaker himselfe wouldâ— blush to peruse such a bill much lesse would he present such a bill to the house to bee discussed though for his fee beeing a priuate bill he might be verie liberallie rewarded An Archb. then ought to be tight well aduised and take heed how for a trifle hee either adinit anie such bill or allegation or hauing once adinitted it Pag. 156 how hee pasie the same vnder his publike and authentike Seale In as much as he ought not to adinit anie other allegation or passe anie other dispensation then such as the high court of Parliament in their wisdomes would admit and passe And therefore I conclude thus 1 whatsoeuer allegation or dispensation the Lawe-maker viz. the high court of Parliament would not admit or passe vnto a plurified man the same allegation or dispensation the Archbishop ought not to admit or oasse 2 But the Law maker viz. the high court of Parliament would not admit or passe anie allegation or dispensation to such plurified Priests making such a petition as hath bene mentioned 3 Cherfore the Archbishop ought not to admit or passe anie such THE Maior proposition is a rule of Lawe the Minor proposition is cuident vnto euerie one that duetifullie considereth with what wisedome iustice and equitie the high court of Parliament determineth matters amongst them discussed They are not contented to haue a Bill barelie read vnto them but they throughlie examine the reasons and proofes of him that preferreth the same For as I sayd before truth equitie and diuerse circumstances must not onelie be alleaged but the lawe requireth Bart. aly doctores in l. 1. Cod. de prob the same to be proued also He that hath right and interest to an inheritaunce oftentimes loeseth it for want of proofe He that alieageth himselfe to bee borne of some noble parentage and hee that alleageth himselfe to remaine at studie must proue the same Pag. 15 If a pupsil danmified by any centraet made by him vnder age shall require â—yde of the Pâ—tior to be testored to his former right he must prooue that he was vnder age at the tyme Authent Colla § teneantar Glos docâ—n prohe l. 6. Glos extra de restitu spoli at c. olim ver restitutione Extra offic de leg c. consultats enem of the contract and also that he hath sustained detriment by the same contract Otherwise the 〈◊〉 ought not to giâ—e restitâ—tion where one by force is spoyled of his 〈◊〉 and requierth ta be restored therevnto he must not onely alleage but also proous force and 〈◊〉 The Church that by negligence of any Proctor or Dollycitor shall alleage hir selfe by his negligence to be hurt and to suâ—â—er 〈◊〉 in hir substance and for that cause seeketh help at the hands of hir superiour to be restored to hir former estate must prooue as well the negligeace committed as the dammage sustained in that behalfe Thelyke is verified of one that is dispossessed of his goods in the time of his absence beyond the Deas And so it is reqaired in graunting any priuiledge immunitie or dispensation for many benefices The party desirous to haue a mittigation of the rigour of common Law ought to prooue that as well in consideration of his perion as for the reasonablenesse of his cause the Judge in equitie and conscience ought to graunt an immunitie And this proofe that it be substanciall and good in Law must be made cither by the consession of the party cither by witnesses eyther by some Authentike and publique instrument either by the eusoence and noioriousnesse of the fact it selfe Touching which prooses how fubstantially they Eutra de restitu spol c. cum â—d sedem haue bene made I referre the Reader to the records of the prerogatiue Court where no doubt for the Judges owne credite they are sasely kept and as publique Recordes to be seene of any man desirous to hnow Antiquities Pag. 158 For my parie though I confesse that the dignitie and worthinesse of a person to be priuileged may easily be prooued yet can I not imagine by which of these proofes the causes required by law as brgent necessitie and euident vtilitie of the Church dâ—stitute of a Pâ—stor should in these our dapes be manifested the Church it selfe viz. The congregation I suppose will neuer confesse it veheoueâ—ul for them to haue their pasror absent to giue their temporal things to enioy spirituall things and yet to be depriued of both spirâ—tuall and temporall As conceruing proofe by witnesses or by publique instrument because witnesses must yelde areason of their sayings and a publique instrument oughâ— to be made by a faithfull man at the request of the partie and becâ—use no witnesse can yeelde any reason why his neighbour should not be tanght and cuery faithsuil man will doe all thinges for the trueth and nothing against the trueth and because the trueth is that his Netghbour should be taught and no man will
li. 3. offic law of nature which commandeth man to doo good to man euen in that respect that he is a man and also bicause they are a part of our selues to the propugnation and bringing vp of whome we are taught by the liuelie examples euen of sundrie dumbe creatures f Li. 3. ca. 22. Birdes saith Lactantius almost of all sorts haue a kind of coupling in mariage and they defend their nests as their mariage beds they loue their brood whereof they are certeine and if ye put vnto them anie other than their owne they driue them awaie Beasts also for the rearing vp of their yoong will abide hunger and cold and will not be afraid to endure gréeuous blowes and wounds in their defense So that where Euripides saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 * Philustrat lib. 2. c cap. ◠Apollonius dooth iustlie reprehend him in that he should haue better said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 bicause not to men alone but to all other liuing creatures their issue is vnto them as deare as their owne life Neuerthelesse we see by dailie experience how much this care of parents ouer their children not without good reason altereth and decaieth when the children are of that strength and discretion that they may well inough prouide for themselues In which respect emancipation of children being growen to yeares was also deuised Another part of the law of nature consisteth partlie in the repelling of danger and iniurie from vs and partlie also in the iust reuenge thereof And although some interpretors of the ciuill law being deceiued by the order set downe doo attribute the repelling of force to the law of nations yet * Dist 2. c. ius naturale Gratian directlie dooth make it of the law of nature It appeareth so to be by that which * In proëmio lib. 7. Plinie saith of beasts There is none of them but if violence be offered he hath anger in him and a mind impatient of iniurie yea and a great forwardnesse to defend himselfe when you hurt him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And * Pro Milone Tullie affirmeth this to be no written law which we haue learned but which we haue drawne euen from nature it selfe So dooth the * L. 3. vt vins ff de iust law also decide this matter of repelling of iniurie and defense of our selues agreablie to that which * Lib. 1. offic Tullie elsewhere to the same purpose noteth Who in the same booke likewise affirmeth that it is a chiefe office of iustice to hurt no man except we be prouoked first by iniuries and this reuenge of iniuries dependeth also and is strengthened by that law of nature which willeth vs to yeeld to euerie man that which is his owne which is done by benefiting the good and punishing the bad least impunitie should entise them and others to offend And that this is naturall we may gather by the like instinct in all beasts For the which cause * Plutarch li. de profectu morum Brasidas being bitten by the hand with a mouse did obserue this that there was no beast so little which would not séeke to reuenge himselfe being prouoked in which * Lucreti li. 5. respect it is said Sentit enim vim quisque suam qua possit abuti Cornua nata priùs vitulo quà m frontibus extant Illis iratus petit atque infensus inurget Yet notwithstanding vpon iust occasions men being wearie to become their owne reuengers and not able to reteine a meane in reuengement thought it best at last to runne to the remedie of lawes for the punishment of wrong and violence as that poet in the same booke testifieth Vpon which occasion though the lawes doo still permit according to the first law of nature a iust defense of our selues yet doo * L. 1. C. vnde vi they inhibit all violence offensiue and reuenge of iniurie to be vsed by vs for the which cause Baldus calleth that moderation of defense the triacle of those lawes which doo permit the repelling of force and iniurie with the like Also that law of nature concerning the succession of children in the goods and lands of their parents being reckoned by Gratian and reported to be a law of nature in sundrie places of the ciuill lawes is no lesse than the rest encountred changed and abridged vpon diuerse occasions by good and necessarie positiue lawes of seuerall nations By the * L. verbis legis 120. ff de ver signifi law of the Twelue rables which continued for manie yeares togither the fathers without any cause might disinherit their children In England it is prouided that the inheritance onelie shall discend vnto the eloest sonne and yet may the father also by sundrie meanes cut off all his children and kindred from the inioyeng of his lands and goods if he be so hardlie disposed Yea both by the ciuill law and common law if the father doo commit treason his children are deuested of his lands and by the one of them made vncapable also to take anie lands by discent from another Another lawe of nature which is reckoned by Gratian is the common dominion of all goods and lands without anie distinction of proprietie to this or that man by reason that the fruits of the earth in that searsitie of men in the beginning was innough and more than sufficient for euerie one But Gratian seemeth to misname the matter something where he affirmeth the possession of things then to haue beene common Which as as it could not possibly be so is it certeine that none without iniurie and breach of the lawe of nature might inuade the possession of that which another had first taken vp for his owne vse so long as he would so imploie it Except we will with Castrensis extend this cōmunitie onelie to vnmooueables as land and not to mooueables bicause such did fall to his share onelie which first did occupie them as he is of opinion Yet not long after and euer since as well vpon further increase of people in the world as for the auoiding of contention and for some punishment of such as otherwise by violence would haue liued idclie vpon other mens labours it was thought meet by generall good liking of all nations to bound out the dominions of euerie man in seuerall proprietie which course all the ciuill nations in the world at this daie doo inuiolablie and lawfullie practise notwithstanding the first law of nature were to the contrarie The next lawe of nature to these is * L. manumisones ff de iustitia that libertie and freedome wherein we are all borne and whereby a man may do what he list so long as he offendeth not In which * Iustit de iure naturali §. ius autens gentium respect the law saith that bondage and seruitude is contrarie to the right and lawe of nature Neuerthelesse it is verie notorious how from time to time it hath beene vsuall to
effects necessarilie proceeding from pluralities as from an efficient or formall cause but as faults which may be presumed to possesse those men which will be their owne caruers and iudges for the inuading of manie benefices without authoritie Yea and if dispensation for pluralitie were such as being strictlie so called dooth release the rigor and extremitie of the law positiue vpon fauor onlie and not for iust causes or equitie yet might the * Arg. l. sed eâ—sâ— lege §. contulit ff de petit haered l. 1. §. magis verb. prodeg ff si quid in fraud pat l. quia autem §. 1. ff quae in fraudeÌ„ cred iuncta l. 1. ff de constit princip prince or those to whom the law hath committed such full authoritie as in diuerse cases besides with a good conscience dispense in it euen as well as they may giue away their owne goods seeing this law is vndoubtedlie meerelie positiue Like as the prince may without offense to God pardon after the fault committed the life of a traitor or fellon vpon méere grace and bountie bicause the penaltie discendeth from law positiue though he can not dispense without sinne to God that in time to come a man may commit treason or fellonie bicause they are forbidden by the law of God And such pardon he may lawfullie grant euen without anie cause to one and denie to another as fréelie as he may create knights endenize * ff C. de natal restit in Auth. quibus modiâ— natur efficianturâ— legitimi legitimate and restore to blood whom he thinketh good and refuse to impart the like grace and fauor to other And this if it be for a matter past is by some termed an Indulgence or pardon if for a benefit to come a Dispensation for a present plesure or gratification is called a Priuilege There may be also good reason of granting these when as for some considerations it is profitable to grant such exemptions besides the generall ordinarie course and reason of the law For it may so fall out that the sauing of some condenmed mans life or granting of some immunitie may no lesse benefit the common-weale than to keepe a rigorous hand vpon the obseruation of the strict points of the generall law may doo harme For 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 must be seasoned and swéetened with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the exact rigor of law must sometimes be moderated with with least it degenerat into inturie and tyrannie For it is sure that as no generall rule or definition can be giuen in law which in application to particular matters shall not faile and be limited with his exceptions so can there no generall rule of right or law be framed which in application to all times places persons whoÌ„ it may concerne shall not necessarilie require some priuileges exemptions dispensations and immunities either in regard of their excellencie well deseruing or in respect of their imbecillitie weakenes or some such like circumstance or other In which respect we are also taught by Aristotle and other wise philosophers Politicians that in all lawes administration of iustice we are partlie to obserue proportion Arythmeticall consisting in recompensing an equall thing with his equall which is a rule in trades negotiation traffike betwixt man man partlie the proportion Geometricall which is conuersant in distribution of honors or rewards in inflicting of punishments and therfore yeeldeth foorth an inequalitie in both according as the persons deserts are different and vnequall Whereby also we sée a common soldiors reward to be lesse than the Lieutenants or Generals a Noblemans death not to be so rigorouslic executed as the common sort iustlie are put vnto And this strict and proper acception of a dispensation which is by releasing and exempting of a man vpon fauor clemencie or mercie onelie from the seueritie of the law the bond thereof still remaining is called A dispensation of grace and may vpon méere bountie of him that is so authorised be granted to some and denied to other some as it shall please him euen without further cause so long as the law is but méere positiue But it hath no place at all in the first a Dist. 5. in princip §. naturalia iust de iure nâ—tur principles of the law of nature nor in the commandements of the Decalog necessarilie and immediatlie b Rom. 1. deriued from the rules of the light of nature Which thing bicause the pope most insolentlie tooke vpon him to doo he is therefore iustlie by all which doo aright feare God abhorred as Antichrist which in the Luciferian pride of his hart hath hereby climed into the throne of God and dooth arrogate to himselfe to loose the consciences of those whom God hath tied by his law and to bind that as by a diuine law which God himselfe hath set at libertie which c Bernard li. 3. de considerat ad Eugenium Bernard calleth a dissipation rather than a dispensatioÌ„ Which dispensations of his though some schoolemen and of our late more manerlie papists doo otherwise qualifie in words and partlie denie such matters which he hath dispensed with to be of the law of nature when as neuerthelesse no colour can be laied but that they are of the prohibitiue morall law of God yet his parasites the canonists who both knew his mind and his practise herein sufficientlie well and were neuer that I could read found fault with for their ouer broad speeches about this matter doo fullie declare what blasphemous authoritie he challenged They saie that the law d Abb. ca. fin Ext. de consuetud of nature vpon cause may be taken awaie e Abb. c. non est Ext. de voto that the pope vpon cause may dispense with the law of God f Lud. Goza cons 51. Ignorance of the Abstractor that the dispensing with the law of God is proper to the Bishop of Rome Yet the Abstractor sheweth here his great skill when he pretendeth that the canonists popes chapleins doo attribute vnto him authoritie to dispense in such matters by reason of Merum imperium a souereigne supreme power in him which indeed is nothing but Ius gladij the power ouer the life of men which the ordinances of France doo call Haute iustice There is another kind of Dispensation called of Iustice which is when vpon some especiall circumstances the reason and rigor of the generall law is by him which hath authoritie declared in some case to cease and the strictnesse of the words of the law therein not to bind or to haue place and that for auoiding of iniurie and inconuenience And this is also an allaie of extremitie of law by an equitie which afore I spake of and which the magistrate in iustice cannot denie and is in that respect called A dispensation of iustice as it were an interpretation or declaration of the true meaning of the law
of absteining from labor in the obseruation of the sabaoth is declared by our sauiour Christ not to bind nor to haue place in the priests occupied about the sacrifices in the temple nor in the necessarie works of christian charitie neither did reach vnto those Iewes who were forced by their enimies watching the opportunitie of that time to fight and defend themselues from violence euen vpon that day And it is in a L. omnes C. deferâ—â—s some cases euen by mans law not wronglie declared to cease The precept of obeieng our parents is aright interpreted to haue no b L. Lucius ff de condit demonstr L. nepos ff de verb. signif L. filius ff de cond instit l. reprehendcÌ„da C. de insti subst ibi DD. place where the father commandeth anie vnlawfull or dishonest thing The commandement of kéeping our oth is not so generall but that it is c L. non dubium C. de legibus l. fin C. de non numer pecu c. non est obligator de reg iuâ— is in 6. declared rightlie to cease where it should otherwise bind vs to performe an vnlawfull thing And although by the law of God and of nature d L. manumissiones ff de institia iure inst de iure personarum euerie man is borne free according to that of the Psalmist Thou hast subdued all things vnder his feet yet hath the law e Ibidem of nations not vngodlilie attempered this and declared bondage vpon good occasions to be lawfull least otherwise those which be ouercome in warre should without mercie be put to the sword For S. Paule saith Art thou bond seeke not to be loosed By the law of nature and of nations traffike betwixt man and man ought to be frée yet hath law positiue f C. ne Iudeus Christ mancipium l. inter stipulanteÌ„ ff de verb. oblig §. sacraÌ„ ibi DD. iustlie declared the said law in some cases to cease It is of the law of nature to haue him called and cited to be present at anie act who may be interessed or preiudiced thereby yet the souereigne prince vpon good cause vsing that right which is in him although it may indirectlie turne to the harme of another may g Gl. in l. anâ—ep ff ex quibus causis maior quà m dicit com approbari Fely c. eccles Ext. de constitut infranchise another mans bondslaue the maister not being called By which examples it appeareth that albeit princes and other iudges who are all inferior to the law of God and of nature cannot dispense with them vpon anie cause by releasing the bond of them yet vpon good and sufficient grounds in such cases as be euidentlie of that nature which by most strong arguments we may gather that God himselfe would not haue included in the generalitie of his law interpretation declaration and limitation may be made of them And this is one kind of a Decius coÌ„s 112. in c. que in ecclesiarum Ext. de costiâ—utionibus dispensation of iustice largelie so called whereby the bond of the law is not released but the law is interpreted in such case not to haue place according to the true meaning of it But yet with this moderation that we neuer so intend and presume for the sufficiencie of the causes where vpon such declaration of the law of God and of nature is supposed to be grounded but that for stopping of a dangerous step vnto tyrannie and blasphemie proofes to the contrarie must alwaies be admitted if anie may be brought Now in that other member of Dispensations of iustice more properlie so called which are bestowed about the positiue lawes of man we haue to obserue two seuerall varieties One is when the generall force and obligation of the law remaining yet the reason thereof in some particular case dooth cease which may and ought to be by the souereigne prince or other inferiour iudge so declared Another is when as the law is grounded vpon diuerse reasons For then though one or two of such reasons doo cease yet in regard of those reasons thereof which doo remaine the law shall still reteine his force Nay though the positiue law of man be enuious as b L. vnica C. de caducis tollend was Lex Papia verie c L. prospexerit ff qui a quibus grieuous and hard or such as the reason thereof is wholie ceased yet shall the disposition and life of it continue and howsoeuer the execution thereof perhaps may be intermitted yet is not the law thereby taken awaie and extinguished but is d L. vnica in principio C. de caduc tollend onelie Sopita as it were laid asleepe for a time So that if the like necessitie happen for the which such a law was first established it shall reuiue againe without anie new enacting which it e L. inter slipulantem §. sacram ff de ver oblig could not doo if it were wholie extinguished For otherwise if euerie priuate man might take vpon him to decide when and how the reason of his superiors law dooth wholie cease and that thereby the law might be said to be extinguished and abrogated which kind of interpretation * L. fin C de legibus dooth onlie belong to the souereigne prince or to such as he committeth it vnto then verelie in this last case there should need no dispensation though in the meane time such libertie would bréed a great confusion and an open contempt of all lawes Howveit I haue declared alreadie that wheresoeuer the generall law dooth remaine though in some particular case it doo cease that there as in the other cases here alledged this Dispensation is needfull and ought not in right to be denied for the which cause it is also called A dispensation of iustice Besides these there is a third kind of dispensation mixt of both as taking some part of that which is called Of grace bicause he that hath authoritie to dispense hereby is not in waie of iustice preciselie compellable to grant it and borrowing other some part of that which is called Of iustice bicause this ought not to be granted simplie but vpon iust cause by reason that the positiue lawes of man about which onelie this dispensation is conuersant by common intendement are enacted for some publike vtilitie and benefit So that without good ground a man ought not to be exempted from the generall charge of the common-welth which other are to suffeine speciallie when such his exemption shall be burdensome to others This last sort of dispensations may be defined to be A release in some especiall case and certeine persons of the generall bond and reason of a positiue law by him that hath authoritie therevnto And this authoritie must either be committed expreslie or is couertlie implied to be attributed vnto a souereigne prince either by the operation of the law as when * L. d. C. de legibus
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
answers before made may suffice The first of them he would prooue by similitude of other matters wherein a bare allegation without proofe is not sufficient Which though it might well be spared as being nothing doubtfull nor necessarilie concludent to his purpose yet I must tell him that his quotations in the margent doo not warrant that which is in the discourse For * Bartol in l. 1. C. de probat Bartol in the place quoted onelie saith that the plaintiffe is to prooue his action as the defendant is his exception The place quoted out of the Authentikes Collat. § teneantur and the next Glos Doct. in proem l. 6. are new-found directions which I cannot for my part skill of except by the latter of them he shuld meane the preface vpoÌ„ the Sext where yet no such thing is found That Of restitution of a church damnified wanteth wholie proofe where he saith The like is verified of him that is dispossessed of his goods in the time of his absence beyond the seas and thereto quoteth or ment to quote C. consultationibus Ext. de offic delegati He is to vnderstand that no such thing to any like purpose is there verified but that If a man pretended himselfe to haue beene eiected out of possession through wrong or force by some that is then trauelling abroad about studie or such necessarie occasion that possession may not be awarded in this case vnto him Touching the next and second point though the dispensations we handle were such as ought to be granted according to the strict course of proceeding in lawe yet one of the foure causes which is sufficient being so easie to be prooued as he himselfe dooth confesse we shall not need to expect a concurrence of them all as he must either here haue insinuated to be requisite or else must yeeld that he talketh impertinentlie to the matter Yet both necessitie and vtilitie to haue beene looked vnto in these dispensations may be shewed though not in the prerogatiue court amongst wils and administrations as he gesseth nor yet as arising by Not teaching the people as he calmuniousâ—ie dooth suggest But bicause it is more profitable for the people of two parishes to haue a learned man sometimes to instruct them and he thereby to be well mainteined than that they should be committed to two seuerall men though abiding with them continuallie yet not able to preach to anie purpose vnto them And both the consecution hereof and the thing it selfe considering the number of congregations and the raritie in comparison of them all of able preachers in England is or may be notorious to the world Yea and they are forced to take the like course for want of able preachers in other reformed churches abroad as in Holland Zeland and other places at this day where I wis they haue not all their ministers learned and able preachers but sundrie simple though godlie artisans to serue in their meaner congregations And if he tell vs here it were better in this case to haue an vnion though this cannot so be cast that either the people may or will come togither to one place but that euen then there must be chapels for easier resort in winter and for the elder and weaker sort at all times which is all one in effect with Pluralitie séeing the auditorie receiueth partition yet it were more thanke-worthie in him or in any other that could deuise a plat not onelie how all these and other difficulties and the inconueniences of innouation may be met with in these vnions but also the meanes how it might be compassed that patrones should willinglie relinquish their inheritance herein or ioine it according to this deuise with others Per alternas ternas aut quaternas vices or how it may stand with reason to breake the founders and testators wils in this case more than in the other In his entrance into the third point he contrarieth his Contrarietie owne saiengs as well afore where he assured the commissioners they should find Manie dispensations vpon omission of some circumstances to be void and thervpon their benefices void as here where he saith The most part of dispensations to be nothing in effect at all For here he alledgeth manie lawes onelie to prooue that such faculties ought to be reuoked and made void in lawe and so confoundeth Void in law and voidable onelie by law But to this third point I answer Insomuch the Archbishop hath by statute Full power and authoritie by his discretion to dispense whereby sufficient cause is alwaie presumed and he not tied to all these solemnities and circumstances and for that neither the places by the Abstractor afore alledged doo make a dispensation simplie void where such circumstances be omitted and bicause manie things may be done in other forme and maner than law prescribeth which are not in that respect void and adâ—â—hilate as hath béene shewed in the first treatise and lastlie bicause the allegation of these omissions is a matter in fact and by himselfe but surmised without proofe that although all his allegations of law here were directlie to his purpose that yet these dispensations are neither void nor voidable But in the fourth and last place he presseth vs with authoritie of The Lords seruants who speake against them preach against them and write against them Indeed a man may be the Lords seruant and so doo though thereby it dooth not follow that either they doo well and aduisedlie therein or that they perfectlie vnderstand the matter and the exigence of the cause or that therefore the thing is impious and wicked I haue knowne as great greater exclamation vsed against meere indifferent things now by them confessed so to be as though they had béene either simplie impious or so fowlie abused that they could not haue any tollerable vse euen by as godlie and learned men as these are which now he speaketh of But it is the abuse of some few carelesse men and not of the matter it selfe which giueth occasion of that offense which is taken and it were vnreasonable bicause caterpillers some yeare haue bred in your orchards in that respect to hew downe all your trees The philosopher saith Whatsoeuer hath his vse may be abused sauing vertue And so whatsoeuer may be abused being not simplie vicious and wicked may be well vsed And it is not the continuall aboad amongst their parishoners which none of them all doo nor the often but the sound orderlie and pithie preaching vpon necessarie points that dischargeth the dutie of the pastor who may be in truth as bad as Non resident though he were continuallie nailed to the pulpit as Luther once pleasantlie spake of Pomeran And those which by following this theame doo shoot at nothing else but to tie vp a good and learned diuine to a petit and meane salarie by yeare let them be assured that desolation of the exact studie of diuinitie and other good learning whereby onelie
the papist and other heretikes are suppressed and barbarisme is kept out will follow after a beggerlie and contemptuous cleargie when as by their liuing they shall be scarse able to find themselues and their families and therefore much lesse be able to furnish themselues with such bookes as are requisite to atteine vnto any exactnesse or maturitie in learning The lamentable experience of which decaie of learning by the smalnesse of church liuings some notable churches and common-weales of the other side do alreadie partlie féele but the wiser sort of them doo more feare to smart for hereafter And therefore where the Abstractor assumeth that the cause and reason wherevpon such dispensations were vsed dooth cease and would thereby gather that the effect should cease I saie that when he or any other shall haue prooued that not onelie some one cause thereof but all the causes and not * Arg. l. 1. §. sextan ff de postulando onelie the impulsiue but also the finall causes of it are ceased then as law willeth I must grant the act in that point to be laid on sleepe and not to be put in vre till some of the same causes shall happen againe But besides his owne assurances which are sure and good inough for anie such as will trust him vpon so sufficient securitie he inforceth this matter by the words Of a lawyer he saith of singular iudgement Whereas now for any thing we know of him at his hands he may be who he will peraduenture the famous Grangousier grand-father to prince Pantagruel or some such great renowmed clearke as he was said to be which first in this world deuised to plaie at dice with a paire of spectacles on his nose But it may be that one cause hereof was bicause he would not séeme to haue taken so much of Rebuff by waie of loane and vpon credit which yet is no blemish for such déepe lawyers as he and I are and another bicause he hath falsified FalsificatioÌ„ his author I know not in whose fauor by translating quid debet ecclesia Dei plurium nobilium vanitati vt patrimonio Iesu Christi dilectissimi sponsi sui c alat accipitres educat canes c thus What Shall the church of God the best belooued spouse of Iesus Christ c feed hawkes bring vp dogs c. Whereas in truth it is What dooth the church of God owe vnto the vanitie of manie noble men that with the patrimonie of Iesus Christ c it should féed hawkes bring vp dogs c. But the great learned lawyer himselfe whome he indéed meaneth euen Bernardus Diazius and whome * Rebuff de dispens ad plur bene 〈◊〉 60. Rebuff termeth a reuerend father dooth in the next words following declare that he directed this inuectiue Against husbandmens sonnes more vnlearned than their parents which Illicitis modis plura occupant beneficia by vnlawfull meanes doo occupie manie benefices and also against such which being neuer so cunning or how learned soeuer Doctrina sua nunquam Catholicae ecclesiae profuerunt nec prodesse curant yet did neuer by their learning profit the catholike church nor euer care to do good in it The peremptorie iudgement of Rebuff which he afterward alledgeth * Ibidem nuâ— 84. fol. 249. but wrong quoted is somewhat too sparinglie by him translated in that word Si perperà m concessa sit if it be granted vnorderlie whereas it should be If it be naughtilie granted And it is grounded vpon a false principle of poperie that he which breaketh euen the positiue â—â—w of the pope * Rebuff de dispensat ad plura benefic 〈◊〉 22. such as the prohibition of pluralitie is dooth as they terme it sinne mortallie euen directlie and immediatlie against conscience which is no small part of his Antichristianisme whereby he sought to sit in the consciences of men Yet thus much may be gathered of this saieng that where it is orderlie granted as law prescribeth there it carrieth not in his iudgement any danger with it vnto either partie the condition of it thereby ceasing 20. Section Pag. 161 162 163. BUt now hauing so substantiaslie as you haue heard ouerthrowne all dispensations he was belike afraid he should be iustlie called Corà m for inforcing so violentlie a diminution of hir Maiesties reuenues arising by the taxes of them To salue vp which sore he letteth all other faculties alone wherein hir Highnesse must at his request sit downe by the losse and for thrée of them that is Dispensations for simonie non residence and maniâ— benefices he dooth assure hir Maiestie vpon the credit of his arythmetike and auditorship that They are indeed a great diminishing of hir reuenues But albeit he laie out all thrée in his conclusion to be prooued yet he dooth not in his proofes once name the facultie of non residence which by no shadowe can preiudice hir Maiesties cofers And when he should descend to the casting foorth of his proportions and extraction of the root by the rule of Coss and Algebra he misseth the principall matter euen his taxes to worke vpon and leaueth in his Booke a blanke or a glasse window for anie such to glaze vp as come and will doo him that fauour so that Cùm desint vires tamen est laudanda voluntas The man was willing to haue doone somewhat if he could but haue told what to haue said That the facultie for Simonie commited is a diminution to hir Maiesties reuenues he prooueth supposing first the tax thereof to hir Maiestie to be in shillings whereas it is indéed in pounds bicause if the partie dispensed with for simonie were depriued for it then hir Highnesse should reape more benefit a great deale by the first fruits of the next incumbent than the taxe mounteth vnto But how is the Abstractor here become so strict laced as to call for their depriuing whose fault in waie of gratification of simonicall patrons he almost wholie excused in the former treatise The truth is this kind of dispensation is verie seldome vsed bicause most of those which are guiltie of that fault doo deale so closelie and are so iustlie doubtfull of obteining it vpon petition that they hold it better without opening of themselues to sit still quietlie Whereby it can not easilie be put in practise but where some not knowing the rigor of the canon herein which condemneth for simonie euen entreatie and meanes-making and that recompense also which is but conceiued in hart perhaps onelie in waie of thankfulnesse after so the same may vpon necessarie circumstances be gathered and therefore of simplicitie without corrupt meaning falling into it and fearing the malice of those which stand hardlie affected to them are forced for their further safegard to procure this facultie It may haue a good and a commendable vse besides where an old man meaning to resigne treateth in simplicitie with him which is to succeed for a pension according to lawe without the
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
speciall charge is giuen for inferiour offices And so no doubt he will forthwith conceiue the truth and surcease this furmise for otherwise the decree following shal conuince him manifestly of an errour Pag. 5 PRAESENTI DECRETO c. By this present decre we Bx. de paenit remissio c. cum infirmitas The soule is first to be cured charge and straightly commaund that the Phisitions for the body when they shall be called to any sicke persons they first warne and induce the patients to call for the phisitions of their soules that when they shall haue pronision for spirituall health they may proceede to the more holesome remedie of bodily health considering the cause ceasing the effect likewise ceaseth Here you see the law is generall and extendeth to all in generall as well to poore gentlemen and poore parishioners as to greasie Monkes Friers and Canons seeing the soules of both may he infected and the reasons may be thus gathered 1 That which is most pretious is first to be cured and that which is spiritually diseased is spiritually to be cured 2 But euery mans soule is most pretious and euery mans soule is spiritually diseased 3 Therefore euery mans soule ought first to be cured and euery mans soule ought spiritually to be cured OUt of which conclusion followeth this consequent namely sithence euery soule is spiritually infected and euery soule spiritually infected must be spiritually cured that therefore euery soule ought to haue a spirituall Phisition able to apply a spirituall medicine and to cure his spirituall disease otherwise it were absurd to command that spirituall diseases should be healed without spiritual phisitions appointed to that purpose But this is too too plaine We wil proceed CVM SIT ARS ARTIVM c. Considering the gouernement Ex. de aetat qâ—ualâ— c. penult of soules is an Art of al Arts wee straightly commaund that the bishops either by themselues or by other fit meÌ„ do instruct or diligently informe them that are to be promoted to be Priests touching holie offices and Ecclesiasticall Sacraments how they may be able rightly to celebrate them For if they shall hencefoorth presume to ordaine such as are vnskilfull and ignorant wee decree that both they that do ordaine and they that are ordained be subiect to greeuous punishment For it is a thing more holy especially in the promotion of Cleargie men to haue a fewe good ministers then a great many euil because if the blind lead the blind they both shall fall into the ditch 1 Unskillfull and ignorant men ought not to be admitted to an office wherein greatest knowledge and cunning is required Pag. 6 2 But to the gouernment of mens soules greatest knowledge and greatest cunning is required 3 Therefore to the gouernment of the soules of men vnskillfull and ignorant men are not to be admitted THe first proposition is proued by two reasons the one à comparatis by a comparison the other ab euentu from the euent The second proposition is the reason of the lawe it selfe because the gouernment of soules is ars artium a cunning past all cunnings The former reason which is by way of comparison is euident It is a thing much more holy to haue a litle good then much euill wherevnto agreeth that which is written in the 23. distinction chap. Tales Tales ad ministerium eligantur clerici qui dignè possunt c. Let such Clearks be thosen vnto the ministerie which may worthily handle the Lords Sacraments For it is better to haue a fewe Ministers which may worthily exercise the worke of God then many vnprofitable c. And in like case the Emperour Melius est pauca idoneè effundere D. Cod. De veter lure enuclea l. 55. contrariuam Authen De tabell coll 4. Authen De referen in fiâ—e coll 2. quà m multis inutilibus praegrauari melius est pauca agere cautè quà m multis periculosè interesse multitudo onerosa nihil habet honesti It is better to vtter a fewe things aptly then to burthen men with many things vnprofitably and it is better to doe a fewe things warely then to be conuersant in many things daungerously And a multitude altogether burdensome hath no shew of honestie And againe the Canon concludeth Tutius est ea sine periculo ex necessitate quae legem non habet omittere c. It is more safe to omit those things without danger vpon necessitie which hath no law then that through rashnes condemned by lawe they should not without great danger be vainly conferred Whereas a certain shadow only may appeare in the deede but no truth follow in effect Pag. 7 All which principles by common experience are so wel and familiarly knowne vnto euery one of vs that they neede few colours to paint them out For as touching our foode diet our furniture apparel our pastimes pleasures our busines affaires we can euery mothers son deeme it farre better to haue a litle sweete holesome meate cleanly dressed then many dishes vnsauourly seasoned that a woman fine and neat in simple attyre is more to be commeÌ„ded then one vngainely apparelled in sumptuous robes That a man were beeter to keepe one proper horse or one high flying Fawcon a kilducke then ten resty iades or ten bangling bussards That one discreete painefull and diligent seruant will doe his maister more honestie and get him more lucre and aduantage then twenty idle and loytering merchants And can we be so prouident for our bodily sustenance so vigilant for our earthly pleasures so circumspect for our worldly affaires and shall we be altogether blocks and without all sense of vnderstanding what is most healthfull most pleasant and most profitable for our soules Can we be wise touching the affaires of this life and shall we be foolish for the life to come Can we be heedefull for matters momentanie and of no value or continuance and shall we be heed elesse in matters of eternitie and such as concerne our beatitude for euer If any man thinke that a fewe good ministers wil not serue to bring the people of God vnto God wil he therefore conclude that he may lawfully appoint many Ministers of the deuils culling to bring them to the diuell The second reason is taken from the sequell or euent which might happen if remedie were not sought If the blind lead the blind they both shall fall into the ditch And it hath many other grounds and conclusions of lawe to found it selfe vpon namely Talis debet eligi cuius comparatione caeteri grex dicantur 15. Distine nomine Constitutio Otho quam ad venerabiles Et minister debet esse forma gregis ad quam se debent subditi reformare debent esse ministri in exemplum quasi signa posita ad sagiuandum Pag. 8 Such a man ought to be chosen to haue the charge of a flocke in comparison of whom the multitude he hath to
thus Pag. 18 1 Whosoeuer taketh vpon him the office of a teacher amongst the people of God ought alwaies to attend to reading to exhortation and to dwel in the same Pag. 18 2 But the Minister taketh vppon him the office of teaching amongst the people of God 3 Therefore he ought to attend to reading to exhortation and to dwell in the same 1 He that taketh vpon him the office of a teacher amongest the people of God ought to bestow his labour in preaching and in doctrine 2 But a Minister hath taken vpon him the office of a teacher 3 Therefore he ought to bestow his labour in preaching and in doctrine Wherevnto agree diuers other decrees following THe reason why a Prior shoulde haue knowledge and be learned is for that the lawe chargeth him with cure of soules PRIOR AVTEM c. Let the Prior in comparison of the Ex de statut Monacho c. cum ad Moenasterium § prior rest next after the Abbot be a man of power as well in deede as in worde that by his example of life and worde of doctrine he may instruct his brethren in that which is good and draw them from euil hauing zeale of religion according vnto knowledge both to correct and chastise offendours and also to comfort and cherish the obedient Out of which constitution I conclude thus à similibus ad similia From like vnto like 1 Whosoeuer cherisheth and comforteth the obedieÌ„t to the faith and correcteth or improoueth the disobedient must be mightie in word and deede 2 But euerie Minister ought to cherish and comfort the obedient to the faith and to correct improoue the disobedient 3 Therfore euery Minister ought to be mightie in word deed Pag. 19 ANd therefore sithence both in this and in the former constitution the lawe-maker abused the worde of the Lord and applieth it to haue people taught false religion I meane Popish religion for that was the intent of the decrees And seeeing the Chaplaine of the diuell applieth the truth to establish his diuellish doctrine and vnder colour of veritie were so carefull to feede the soules of them that beare his markes with errour superstition and false religion Popish religion Seing I saie the superstitious law maker was so carefull for his superstitious time Our chiefe Prelates who haue not yet abandoned the pollicie of this traiterous law-maker as perillous for the gouernement of the state of the Lordes houshold ouer whom they challenge the gouernement but with tooth naile maintaine this his pollicie to be a pollicie meete for the Lords seruaunts to be guided by what can they ansâ—ere in defence of their wilfull disloyaltie to the Lord in this behalfe The lawe which the enimie vnto the Lord did make in the time of Popery for maintenaunce of popish procurations popish dispensations popish ceremonies popish non residents popish excommunications popish visitations popish paiments of oblations popish courts of faculties popish licences the very same laws and the selfe-same ordinances to serue their owne turnes they turne to the maintenaunce of their prelacies dignities and ministeries vnder the Gospell A reason of these their doings if they were demaunded I coniecture would be this namely that a law appointed by the aduersarie to abuses hauing good grounds may be applied to good vses and that it is not executed now any more as the popish law but as the law appertaining to her Highnesse crowne and regall dignitie being established by the high court of Parlement Pag. 20 Wherein touching the former they saide somewhat if the matter did consist inter pares and not the most highest as it were accusing him that he had not dealt faithfully in his fathers houshold giuing them as perfect a law for the gouernment of his houshold by discipline as by doctrine And yet by their leaues why then should not this law of the enimie last specified nay rather now their owne law hauing better grounds and better reasons for the validity thereof than the lawes mentioned before concerning their prelaties and dignities c. Why I say should not this be as auaileable with them now to exhort the people vnto the truth as it was with the idolaters to exhort vnto lies to dehort now from popery as it was then from the Gospell to instruct men now in the true knowledge of Christ as it was then to teach men the knowledge of Antichrist to correct offendours now against pietie and holie religion as it was then to correct contemners of impietie and prophane religion to comfort and cherish the obedient now to the faith as it was then to comfort and cherish the disobedient to infidelitie and Paganisme Touching the Acts of Parlament sithence they chalenge by them immunitie for the confirmation of their abuses it were requisite for them to giue the seruaunts of the Lorde leaue a little to chalenge as great a priuiledge by the same for the stabishment of the right vse of things through their default yet amisse and out of frame with vs. If the cause of the former in truth and veritie be as good as the cause of the latter in shew and semblance onely yea if it be far better for theirs in truth is starke naught the law authorize for the one indeed that that the same law in appearance onlie approueth for the other If for their fellow seruants sakes they will not be more fauorable vnto their Lord maisters cause yet were it expedient for theÌ„ to be intreated to be more fauorable to the iustice equitie of their owne laws than continually by placing vnable men in the ministery thereby as it were accusing the same of imperfection and insufficiencie Pag. 21 as though it tollerated anie such thing when as in truth it doth nothing lesse euermore speaking as followeth Pag. 22 VERVM QVI. A c. But because after Baptisme amongest Extra Cum de priuilegiis c. mtcr cuÌ„ctas § verum quia other things the propounding of the worde of God is most necessarie vnto saluation whereby the hearers hearing that which is our victorie be instructed in the faith be taught to flee things to be auoided and to followe things to be followed by which such as by sin are fallen do rise againe wee haue great care that such brethren be promoted which by sweete oile of the worde may comfort our subiectes may forbid them sinnes may nippe the wounds of their sins by reprehension and may prouoke and induce them to purge and wipe their offences with bitternes of repeÌ„tance Vnto the execution whereof the knowledge of the lawe of God is required the integritie of life and soule is to be had For it is written Thou hast refused knowledge and I will refuse thee that thou be no Priest vnto me because the lips of the Priests keepe knowledge and they search the law at his mouth For otherwise he can not as his duetie is discerne betweene sinne and sinne c. All which decrees of
without all ryme or reason They expound VVhere which is a worde signifieng place and referred to a place for VVhen which is a worde importing time But had this worde VVhen bene placed in steede of VVhere they might perhaps haue had some cloake for the rayne for so the worde VVhen and the worde Shalt might both haue had relation to the tyme to come Pag. 44 And yet notwithstanding this kinde of speech would haue bene but a harsh kinde of speech namely to say Take thou authoritie to preach when thou shalt haue authoritie to preach coupling the present tense with the future tense the tyme present with the tyme to come applying that to them selues but men which is onely proper and peculiar to the holy Ghost vsing the future tense and the tyme to come for the certaintie of the euent thereof in steade of the present tense and the time present But these words Take thou authoritie to preach the worde to the Congregation in the place where thou shalt be appoynted is a very proper kinde of speech and the words themselues carry with them a naturall sense As if the statute should haue precisely and absolutely sayd thus In what place soeuer thou shalt hereafter be appoynted to execute the office of a Minister thou hast nowe authoritie giuen thee to preach For in case this were not the naturall meaning of the statute they might well forbid the Minister to administer the Sacraments without speciall licence in writing or not to praye or not to fast or not to saye seruice or not to burye the deade and such like But there is more to serue their turnes and to helpe their cause in the law Canon and in the Iniunctions the law Canon being thus QVIA VERO NONNVLLI c. But because some Ex. de hareâ—â—â—excom § Quia vero vnder the colour of godlines denying as the Apostle sayth the power thereof challenge vnto themselues authoritie to preach whereas the Apostle sayth Howe shall they preach vnlesse they be sent all they which are forbidden or not sent shall besides authoritie giuen vnto them either from the Apostolike sea or the Catholike Bishop of the place publikely or priuately presume to vsurpe the office of preaching let them be excommunicated and vnlesse they speedily repent let them be punished with some other competent paine Pag. 45 The Iniunction being this Item that they the persons aboue rehearsed shall preach in their owne persons once in euery quarter of the yeare at the least one sermon being licensed specially therevnto Wherevnto I aunswere that this decree and this Iniunction requiring speciall licenses to preach And the Bishop by vertue of the foresayd statute giuing authoritie to preache cannot â—arre much and that one litle wrest will set them in tune their oddes is so small If I say vnto one by word of mouth Syr take here the keye of the gate of my pasture where my grey ambling gelding runneth open the gate bring him out take him to your owne vse I giue him you frankly hath he not as good a title and interest to my horse as if I had made him a bill of sale vnder my hande and seale And hath not the Minister likewise as well a speciall license from a Bishop to preach that is willed openly in the presence of God men and angels as he that hath a speciall license giuen him alone in a corner the one is pronounced solemnly in the middest of the congregation the other is done secretly by a Goose quill Moreouer neither doth the foresayd Canon neither yet the Iniunction require a speciall license in writing to the ende that the Minister should haue power thereby onely to preach For so should you take away the forme and order appointed by act of Parlement whereby authoritie is giuen to a Minister to preach and commit the making of a Minister to the Bishop without a congregation But the ende why a speciall license ought to be had is not so much for the partie himselfe to preach within his owne cure as for them that shall admit him to preach out of his owne cure And that appeareth manifestly by the eight article of the Iniunctions The words are these Also that they shall admit no man within any their cures but such as shall appeare vnto them to be sufficiently licensed therevnto c. And in the ende of this Iniunction it is expresly permitted to euery Minister to preache within his owne sure though he be not specially licensed therevnto Pag. 46 The words are these And that no other be suffered to preach out of his owne cure or parrish then such as shall be licensed as is before expressed Therfore a Minister to preach within his owne cure yea though he haue no license is commaunded In the time of Henry the 4. at what time Wickliffe preached the Gospell the very same lawes were established against him and his brethren to staye the course of the Gospell and yet were neuer any forbidden to preach in their owne parrishes as appeareth by that that followeth Let no man within this Realme or other the Kings dominions presume or take vpon him to preach priuily or apertly without speciall license first obtained of the Ordinary of the same place Curates in their owne parrish Churches and persons heretofore priuiledged and others admitted by the Canon law onely excepted And that no manner of person secular or regular being authorized to preach by the lawes now prescribed or licensed by speciall priuiledge shall take vpon him the office of preaching the word of God or by any meanes preach vnto the Cleargie or Layetie either in the church or without in Latine or English except he first present him self be examined of yâ— Ordinary of the place where he preacheth and â—o being found a fit person as wel in maners as in knowledge he shal be sent by the sayd Ordinary to some one Church or more as shall be thought expedient by the sayd Ordinary according to the qualitie of the person Nor any person aforesayd shall presume â—o preach except first he giue faithfull signification in due forme of his sending and authoritie that is that he that is authorized doe come in forme appointed him in that behalfe and those that affirme they come by speciall priuiledge doe shew their priuiledge vnto the Parson or Vicar of the place where they preach And those that pretend themselues to be sent by the Ordinarie of the place shall likewise shew the Ordinaries letters made vnto him for that purpose vnder his great seale Pag. 47 Let vs alwaies vnderstand the Curate hauing perpetuitie to be sent of right to the people of his owne cure Furthermore no Cleargy man or Perochians of any parrish or place within our prouince of Canterb shal admit any man to preach within the churches churchyards or other places whatsoeuer except there be first manifest knowledge had of his authoritie priuiledge or sending thither according to the order aforesayd
of the Church and honour of God which by good Ministers ought to be furthered A shippe maister or an Inne-keeper vsing the seruice of an euill mate or shippe boy or ff de exercit l. 1. § magistruÌ„ of an vnthriftie 〈◊〉 or Ostler is to make restitution if any thing be imbezled from his passengers or guests for the negligence of either of these in this case is punishable Quia oper a malorum seruorum vtitur Because he vseth the seruice of euill seruaunts By which Lawes the glose prooueth that though an Archdeacon haue authoritie by his office to examine and do present vnfitte men to the Bishoppe that yet the Bishoppe notwithstanding ought to be punished because the Bishoppe is answerable for the fact of the examinour sithence the examination is made by his commaundement and also for that Pag. 65 Reseruatum est episcopo ius examinandi illum Right is reserued vnto the Bishop to examine him examinatus enim examinatur in hijs praecipuè in quibus vertitur periculum animae A man once examined Glos c ad haec ver examinentur Extrauag de offi Archid. Glos 1. l. noÌ„ est ff de transact is to be reexamined especially touching those things wherein peril of soule consisteth Et factum quod est mutatur ex superuenienti causa And a deede once done is altered vpon a new cause An Archdeacon hauing by law the custodie of candlestikes copes and vestments and other idolatrous garments was remisse in safe keeping these things wherevpon the Pope wrote to the Archbishop and willed him straightly to require the said ornaments at his handes and Extrauag de statut regul c. cum ad Monasterium § penu further commaunded him to be punished and to make restitution if through his negligence or default any thing were perished in so much as by his office he was bound to the safe custodie of them Neither did he behaue himselfe Vt bonus pater familias in re sua gessisset As a good father of an housholde woulde haue done his owne houhoushold affaires And thus farre touching the Bishops vnworthily promoting vnworthie men vnto the ministerie touching vnworthie persons vnworthily promoted the decrees following tell vs what in like case should be done with them Pag. 66 QVAMVIS MVLTA FVERVNT c. Although many things were proposed against the Bishoppe of Calinea yet because Extrauag de â—tat qua â—ap vlt. he him selfe had confessed before vs that hee neuer learned Grammar neither euer hath read Donate and by euidence of the fact his ignorance of learning and insufficiencie is so apparant vnto vs that it were against God and Canonicall Constitutions to tollerate so great a defect in a Bishoppe wee haue thought good vtterly to remooue him from the execution of the office of a Bishoppe and also from the administration of the Church of Calinea If it might stand with the good pleasure of the Lord to moue once Iehosophat first with the Booke of God secondly with the Lawes of the Realme to make a generall visitation by men of sound and sincere religion and by men of valiaunt and stont courages I dare boldly auouch that the valew of the first fruites of benefices that might be made void by the iust depriuation of vniust possessours euen by the euidence of the fact it selfe would amount to a greater encrease of her Highnesse treasure than the best Subsidie that she hath leuied of them since the time of her gratious gouernement Neither is this Chapiter impertinent to this purpose though herein expresse mention be made onely of a Bishoppe For if you weigh and consider why the Bishoppe was deposed the same reason is sufficient likewise to depriue any inferiour person offending in the like case The cause of the Bishoppes depriuation was his insufficiencie and defect of learning and why then should not insufficiencie and defect of learning be as iust a cause to depriue a Minister of an inferiour calling being infected with the same disease The charge and function of the Bishop was to teach and gouerne others The same end is allotted to euerie one that taketh vppon him the cure of soules The Bishoppe wanting skill and abilitie to perfourme an office taken vppon hym is degraded and cast out and an inferiour Minister destitute of the same furniture is maintained and kept in Againe Pag. 67 ABBAS VERO c. But the Abbot whome all men Epis de statu Monacho cum ad Monast § Abbas ought reuerently to obey in all things howe much more should he be frequent with his brethren in all things hauing vigilant care and diligent circumspection that he may be able to giue an acceptable account vnto God of his office committed vnto him But if the said Abbot be a preuaricator or despiser of his order or negligent or remisse let him knowe for a suretie that hee is not onelie to be deposed from his office but also some other waie to be chastised considering not onelie his owne fault but the fault of others is to be required at his hand And againe Si quis Abbas cautus 18. q. 2. Si quiâ— Abbas in regimine humilis castus misericors discretus sobriâ—sque non fuerit ac diuina praecepta verbis exempln on ostenderit ab episcopo iâ—n cuius territorio consistit à vicinis c. If any Abbot shall not be circumspect in gouernment humble chaste mercifull discreete and sober and shall not shew foorth godlie precepts both in word and example of life let him be remooued from his honour by the Bishop in whose territorie he dwelleth and by the next Abbots others fearing God notwithstanding al the congregation consenting vnto his sin would haue him to be Abbot And therefore both these constitutions may serue to depriue all such Ministers as in life learning manners and conuersation are like vnto such Abbots Yea and touching inferiour Ministers the lawe hath likewise specially prouided as followeth Quod si fortè necessitas postulauerit vt sacerdos Extrauag de hereti cap. cum ex tanquam inutilis indignus à cura gregis debeat remoueri agendum est ordinatè apud episcopum c. But if happely necessitie require that a Priest as vnprofitable and vnworthie ought to be remoued from the charge of his flocke you must ordinarily repaire vnto the Bishoppe Againe Dictum est nobis presbyteros propter suam negligentiam canonicè degradatos It is tolde vs that certaine Elders were canonically degraded for their negligence And here it appeareth saith the glose Quod quis aequè deponitur propter negligenâ—iam sicut propter dolum That one is as iustly deposed for negligence as for collusion according to the Tenor of the Canon following Non 1. q. 1â— Si qui episc modo pro heresi vel pro qualibet maiori culpa sed etiam pro negligentia remou ebitur He shall not onelie be remooued for heresie or other greater
than gaineful Et damnum quod De reg luris l. 6. c. damnum De reg iuris l. 6. qui sentit quis sua culpa sentit sibi debet non alijs imputari qui sentit commodum debet sentire onus The hurt which a man sustaineth by his owne fault ought to be imputed to him selfe and not to others and he that tasteth the sweete ought also to taste the fower And to â—ette passe that the Bishoppes haue according to their Canons earnestly and diligently exhorted Patrones of benefices to consider Title patrons proprietaries fol. a7 the necessities of the Churches and to haue before their eies the last daie the iudgement and tribunall seate of God and that therfore they preferre no man to any Ecclesiasticall liuing but him which by doctrine iudgement godlinesse honestie and iâ—nocencie of life is able to beare so heauie a burthen that they doe nothing therein but vprightly vncorruptly and truely To lette these passe I saie I aske Who made this euill man or this vnlearned man presented by a couetous Patrone a Minister Did the couetous Patrone No hee is a lay man hee may giue no orders And what reason is it then that a Bishop should finde fault with a patron presenting an vnlearned man to a benefice whom he himselfe before had preferred vnto Pag. 101. so high an office as is the office of the ministerie Is the benefice of more value than the office Yea rather is not the benefice due onlie by reason of the office If a man then be vnworthie of a benefice is not the same man much more vnworthy of an office If vnwise Bishops did not make vnlearned ministers couetous patrons could Lib. 6. de reâ— script c. fin Extraâ—â—ag de aetat qua litat c. accepiâ— mus iunct Glos in c. cum secundum Apostolum vers Liceat extra Depree hend neuer present vnlearned Ministers yea and I say more Quos idoneâ—s Episcopus reputauit ad erdines debet reputare idoneos ad beneficium Whom the Bishop hath reputed meete vnto orders them he ought to repute meete vnto a benefice But alas these couetous patrons are great beames in the eies of the Bishoppes Dluralitie-men and Nonresidents They feare if a couetous patrone may catch a simple poore man to bestow a benefice on him allowing him twentie poundes or fortie markes by the yeare and he to haue the profites that the fat should be wiped from their owne beardes and for that hereby they themselues are barred sometimes from fiftie poundes sometimes from â— hundred markes sometime from an hundreth pounds and yet themselues allowing their owne Curates not past ten pounds or twelue pounds at the most yea and sometimes binding them to to prouide their quarter Sermons too I hope a Christian in modestie displaying vnchristian practises may without offence report a merie and true ieft And therefore vpon a time in the audience of manie standers by it happened this Pluralitie-man and Nonresident taking oportunitie by the presence of a Patrone at the table and entring into speech of these matters seemed to lay the whole fault of not hauing the people better taught and hauing so bad men in the ministerie vpon such patrones as he supposed to be present at the Table The Gentleman hearing his discourse and perhaps galled too and knowing him to be a Pluralitie-man and a Nonresident in the end made this demaund of him Sir saith he is it not as lawfull for me a poore Gentleman in the countrie Pag 102. hauing the patronage of a benefice to bestow the same vppon some honest poore man conditionally to let me haue the profites thereof at a reasonable price allowing him a reasonable stipend for his seruice and paines in the ministerie though he can not preach as it were for me to giue the same benefice vnto you an Drenford man and a great Scholler and able to preath and yet will not or do not preach Is it not as lawfull for me to place such a one as I haue spoken of in a benefice of my gift and to allowe him his wages sirteene or twentie pounds by the yeare and to get quarter Sermons preached for him as it were lawfull for you had I frankly bestowed the same benefice vpon you to hire the same person or some other more ignorant and to giue him lesse wages and scarcely to preach quarter Sermons your selfe Had not this man suddenly beene stroken dumb and dead as a doore naile you shoulde as well haue heard his replie as you haue read the demaund And in good sooth what greater losse and hinderance hath the people of â—â—1â—â— by an vnlearned man their Parson not preaching and hiring out his benefice to his Patrone for fifteene pounds by the yeare then hath the people of P by a learned man their Parson not resident not preaching and hiring out his benefice of the same valewe to his Curate for fortie pounds by the yeare Surely as there commeth no greater good to the people of the one place by the one than commeth to the people of the other place by the other so is the one both lesse hurtefull to the common weale and also lesse sinnefull to the Lorde than the other Lesse hurtfull because the poore and needle of the one haue oft a good sliuer of breade a good dish of drinke at the Patrones doore yea sometimes a good meales meate at his table and a good fire in his Hall Pag. 103 But touching the hospitalitie and house-keeping of a Nonresident his kitchen chimneis are eure like the nose of a dogge euer colde neuer warme his Bailie playeth sweep stake he purseth his wheate in a fire-pennie bagge and carrieth his barley in a little budget sometimes fortie miles sometimes an hundred miles sometimes three hundred from his Parsonage yea out of Ireland into Cambridge out of Wales into Drenford from beyond Lincolne to Salis burie from besides Leicester to Cumberland from Malburne to Harley lesse sinfull to the Lord because the Patrone enioieth his right by couenaunts and goodwill of him that by Lawe is reputed the lawfull person and whom he hath presented yea oftentimes also with the consent of the people whose Clearke they willingly receiue to be placed amongest them But the person Nonresident against his promise to his Patrone against his othe to his Drdinarie without consent of the people against the lawe of man and against the ordinaunce of the Lorde robbeth and spoileth the people of the tenth of their labours and liueth idlely by the sweate of other mens browes But to let passe the answere made before to the Pluralitie man and to speake no more of the Bishops owne wilfull negligence in making vnlawfull Binisters and that therefore he hath no cause to complaine against Patrones for preferring unlawfull men to benefices whome hee hath vnlawfully preferred to so high offices and therefore not to be pitied in case by lawe hee were punished because hee shoulde haue looked
that a minister made though farre vnder that sublimitie of perfection which he fansieth is not rightlie and dulie called But in truth that rule which saith It is all alike that a thing be not done at all or not to be done as it ought is especiallie to be vnderstood where a man is exactlie tied to performe some thing in this or that sort wherein the bond in rigor of law is not satisfied except the precise forme and maner of the couenant be obserued But as the physicians doo teach vs that a man may be trulie said to be in health though he haue not that most exact temperature of qualities in which nothing is superfluous nor wanting bicause he is In latitudine sanitatis euen so bicause the sufficiencie required in a minister consisteth not in a point of perfection where no degrée of more or lesse is admitted but hath his latitude if I may so terme it a man may well inough 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 deserue the name of a sufficient minister which dooth not attaine to the highest degrée of comparison So there is a rule that it is in effect all one not to be and not to appeare to be Which though in a iudge who must followe Allegata probata it haue his place yet to other intents it cannot be said that a thing is not at all bicause it appeareth not As to the other rule which he bringeth that he is not said to paie which paieth lesse than he ought euerie child knoweth that though it be no full satisfaction yet if the creditor doo demand the whole summe hauing receiued part Dabitur aduersus eum exceptio de dolo And here in England if the obligor accept of part of his monie it is a barre against him that he cannot sue the forfeiture And therefore as it may trulie be said that a man paieth monie though he paie not all that he ought so may one well inough be said to be a minister though he be not so exquisitelie qualified as might be deuised 6. Section Pag. 11 12. THis § Pro defectu scientiae quoted False quotation with corruption in the margent Ext. de Praebendis C. venerabilis and brought by the author to prooue that He which hath vnworthilie taken vpon him the gouernement of anie church may foorth with forgo and renounce the same if it had béene honestlie handled and had made so fullie to his purpose as he would séeme he would not haue set vs a worke thus vpon a paire of tarriers to séeke it where it was not or else he would haue noted it amongst other as a fault escaped in printing But the saieng though fondlie depraued by him is found C. nisi cùm pridem Ext. de renuntiatione and no tidings are of it in the place whither he sendeth vs. The text it selfe hath For the most part a man may desire to giue place for want of knowledge which in his allegation is altogither omitted as though it were generall The text hath Praesul salubriter ei renuntiat The Bishop or prelat dooth not amisse to renounce the church to him committed which he must gouerne in both that is in spirituall and temporall things The Abstractor in stéed hereof hath Let it be lawfull for him that hath charge to gouerne the church in these things to renounce c. omitting wholie the word Praesul bicause he would haue retched it out to haue serued to euerie inferiour minister being neuerthelesse sufficientlie bewraied by those words About the charge of temporall things in which also as in spirituall things he which is here spoken of is to gouerne the church wheras in inferiour benefices there are no temporalties to be gouerned in right of such churches But the insufficiencie of knowledge which here is vnderstood and the authors plaine dealing herein is set out sufficientlie in the verie next word following Neuerthelesse although notable or eminent knowledge is to be wished for in a pastor yet competent knowledge in him is also to be borne with bicause according to the apostle Knowledge puffeth vp but charitie dooth edifie and therefore the perfection of charitie may supplie that which is vnperfect in knowledge * C. post translationem d. Whereby appeareth that euerie insufficiencie of knowledge yea in a Bishop much lesse in a minister is no sufficient ground for him to desire to giue place and to resigne but such ignorance and want of discretion as maketh him vtterlie vnfit to wéeld the spirituall and temporall matters of his church And where the text saieth He may desire to giue place it ouerthroweth the purpose for which it is by the Abstractor alledged as though a man might of himselfe foorthwith forgo and renounce his charge whereas * C. d. in fine C. dilecti d. C. quidam tendendi d. C. admonet d. C. literas d. C. cùm venerabilis Ext. de consuetudine indéed he is to desire it at his superiours hands or else he cannot resigne nor be deuested of his function And therefore the Maior of his second syllogisme of this section pag. 12. is not simplie true as by these laws here quoted more fullie may appeare 7. Section Pag. 12 13 14. IT is not denied but that the debilities and infirmities of age may be such as it should be requisite the superiour to giue such a one vpon his request leaue looking sufficientlie into the cause to giue place vnto another more able to execute that function and in case he doo not desire the relinquishment of it then * Ext. de clerico aegrotante per totum c. quia frater 7. 9. 1. the law in such cases prouideth that a coadiutor with some competent portion out of the liuing be assigned vnto him and not that he should violentlie be thrust out from a right * Reg. sine culpa de regulis iuris Pontificij once growne vnto him without his owne fault contrarie to all reason example and humanitie It were too lamentable that men which either as magistrates or councellors in the common-wealth or as faithfull stewards in the Lords house haue by due desert atteined dignities and offices during their life by reason of Gods visitation by sicknesse or for his blessing of manie yeares and old age which of it selfe as physicians saie is Quidam morbus should as old hounds be vtterlie shaken off to the wide world And where the Bishop mentioned in this canon did desire of the pope in regard of his age and infirmitie that by his aduise he might place another in his stéed our author plainelie falsifieng the text translateth Cum nostro consulto Falsification of the law Without aduise to the intent he might iustifie that without licence of his superior a Bishop or minister may renounce their function Yet euerie debilitie of bodie arising of infirmitie or of old age is not a sufficient cause whie a man either should desire or haue libertie granted to resigne And * C.
thrée to whome shall he tell it in the third place where he himselfe hath the authoritie to excommunicate But the power of binding and loosing according to the word of God and the censure of reproouing and sharpe rebuking of publike offenders which doo conteine indéed the whole discipline ment to be attributed by this church of England vnto priuate and inferiour ministers whie are they left out in this place And whie did he not also yéeld vnto euerie minister as well as excommunication the censure also against obstinate heretiks and of anathematisme supposed by the best interpretors to be a higher censure than excommunication and vsed when all hope of amendment is gone And touching his second question whereof onelie as it séemeth any doubt is made Whether the doctrine sacraments and the discipline be to be ministered simplie as the Lord hath commanded or else whether they be to be ministred onelie as this realme hath receiued the same without the commandement of God I saie that as this question is contumelious to this whole church by insinuating a iarre in those points to be established by our lawes with The commandement of God so is it a verie captious and sophisticall question A diuisione bicause he diuideth those things Inconstant dealing in the author that not onelie the booke hath ioined togither but he himselfe within ten lines afore vpon the like copulatiue coniunction vrged the like concurrence of two other seuerall members in this selfe-same sentence And for answer to the question I doo affirme that these thrée are to be ministred both as the Lord hath commanded and as this realme according to the commandements of God hath receiued the same So that the one of these clauses shall not be vnderstood either to limit or restraine the other as he vnskilfullie thinketh may be obiected nor yet Dispositiuelie as though the law ment by authoritie hereof to establish that the order in these things by the realme receiued should be holden as agreable to the word of God but must be taken Enunciatiuelie to declare and affirme for the further incouragement and comfort of those who are to minister these things that following the order by law established they shall doo agréeablie to Gods will Not that it is to be thought that euerie ceremonie forme or circumstance about these thrée things are either in particularitie deliuered in scripture as this man hath not alone absurdlie fansied or that there in either this church or anie other is or can be tied to any such certeine exact forme In hypothesi as we terme it but that certeine generall rules for Articles of religion 34. art ceremonies and gouernement being there set downe euerie church is to followe the said rules in such particular maner as they shall iudge all varietie of circumstances weied to be most fit for the editieng and gouerning of that people For iudgement whereof I thinke that waie surest to follow which hath had the best proofe and experience of profitablenesse by longest continuance of time and purer antiquitie so that it be sure no commandement in the word to be to the contrarie And where as he concludeth though without premisses that A Bishop and a minister ought to minister the discipline of Christ as the Lord hath commanded though the lawes of the realme should not haue receiued the same afterward in plaine terms saith That our discipline vsed in the church of England is not the same which the Lord Christ hath commanded he dooth first iustifie that slander of this church which his question afore The authors slaunder of the whole estate did insinuate Secondlie he directlie contrarieth both that which the booke by law established which he himselfe had a little before affirmed in these words That the discipline is to be executed by the Bishop as he hath committed vnto him by Gods word as he is appointed by the ordinance of the realme to execute Lastlie he héereby both giueth libertie to Bishop and minister to vse what forme so euer of discipline shall séeme to them grounded vpon Gods word and dooth as it were crie an alarum to all men to oppose A seditious asseueration of the author themselues against the discipline of this church as wicked and not agréeable to Christs institution But let vs a little examine his proofes whereby he goeth about to infer that The discipline of the church of England is not according to the commandement of Christ The first reason that It appeareth by the word of God and likewise the second that it so Appeareth also by the discourses written by the learned to and fro are two childish fallacies A petitione principij proouing a thing in doubt by a matter as much or more doubtfull for who being of a contrarie opinion will not straight tell him that his proofe is as euidentlie false as his conclusion That which is said of The discipline of all reformed churches maketh more against him than he is ware of First more reformed churches come néerer vnto our outward policie discipline and ceremonies than those are in number who séeme to dissent from vs. Againe few or no reformed churches especiallie of seuerall nations or dominions doo iumpe in one externall policie of discipline or ceremonies And whie is it not as lawfull for vs héerein to differ from them as for them to differ amongst themselues And how is it possible if such a set forme as is pretended be set downe in scripture that they all differing so much one from another in externall policie should all be ordered therein according vnto the commandement of Christ and thus to be brought as a squire to leuell vs by who are alonelie belike in his fansie wide from the right discipline where as I sée no cause in any respect whie they should not rather take light of vs than we of them That which he speaketh of maister Nowels catechisme is verie generall and requireth the perusall of the whole booke But I suppose this to be the place which he meaneth where toward the latter end of the booke he saith In * pag. 652. graecolat Catech 1573. well ordered churches a certeine forme and order of gouernement was instituted and obserued certeine elders that is to saie ecclesiasticall magistrates were chosen which should reteine and practise ecclesiasticall discipline And dooth our author thinke that this man heere dooth meane their laie presbyteries neuer heard nor read of from the beginning of the world till within these fortie yeares or little more bicause he nameth them ecclesiasticall magistrates A foole fansieth that bels doo ring and almost speake anie thing wherewith he is delighted Or could he gather that maister Nowell here condemneth our churches discipline as not agréeable to that which Christ hath commanded if he had directlie said that in some well ordered churches an order of discipline differing from ours is obserued Dooth this follow Some well ordered churches differ in some points of externall discipline
the golden calfe and yet was not vpon his repentance put from his priesthood Likewise by Peter whose reuolt and tenâ—porarie apostasie in denieng his maister Christ was no lesse hainous than the sinne of our idolatrous priests who for the most part sinned but of ignorance in that generall blindnesse and to the like end also * c. vt constitueretur 50. dist ex Aug. ad BonifaciuÌ„ this example is else-where alledged Likewise Augustine afterward a famous Bishop was by the space of manie yeares a detestable Manichee as he witnesseth of himselfe Also Tharasius the patriarch in the councell of Meldis being the seuenth councell propounded thus to the whole councell Dooth * c. conuenientibus 1. q. 7. ex concilio Meldensi siue septima synodo it please you that those which haue returned from heresie shall reteine their former roomes The holie moonkes answered As the sixe generall councels haue receiued those which haue returned from heresie so doo we receiue them And the whole councell answered It pleaseth vs all And Basilius the Bishop of Anchyra Theodorus the Bishop of Mirea and Theodosius the Bishop were willed to sit according to their degrees in their seates And a little before the said Patriarch saith Behold manie bookes of canons of synodes and of ancient fathers haue beene read and they haue taught vs to receiue those which returne from heresie if there be no other cause in them to the contrarie And the glosse * Gl. 1. ibidem there gathereth the whole summe of that action thus They decreed that they who returned from heresie were to be restored to their former estate so that in writing they doo renounce the heresie and make proprofession of the catholike faith But those are not so to be receiued which of purpose procured themselues for the subuersion of our faith to be ordeined by heretikes Againe saith * c. quod pro remedio §. similiter ibid. the canon Likewise by dispensation in the verie councell of Nice it was decreed concerning the Nouatians that vpon their returne againe to the church they might be receiued to orders There is also * c. quotienâ— ibidem set downe the forme of an abiuration for a Bishop returning from schisme Further Leo * c. maximum ibidem saith concerning a Donatist Although Maximus was vnlawfullie of a meere laie man ordeined suddenlie to be a Bishop yet if he now be no Donatist and be free from a schismaticall spirit we doo not thinke good to put him from that Bishoplie dignitie which but so so he hath attained Mention * Daibertuâ— ibidem also is made of one Daibertus which hauing taken order of deaconshop of one Nezelon an heretike which also had none other ordination but of an heretike was a fresh made a deacon not that the order was reiterated but bicause he could not be said to receiue that at anothers hands which the partie himself had not Augustine * c. ipsa pietaâ— in fine 23. q. 4. ex August ad BonifaciuÌ„ speaking of the repentant Donatists saith Let them haue a bitter sorowe of their former detestable errour as Peter had vpon feare of his lie and let them come to the true church of Christ the catholike church their mother and let them be clearkes and Bishops in that church profitablie which before carried hostile minds against it we doo not enuie them but we imbrace them exhort them and wish it of them and whome we find in the hedges and high waies we vrge to come in And the Decretall epistle dooth no otherwise debarre heretikes being ecclesiasticall men from continuing their function but * c. ad abolendam when vpon the finding out of their error they shall refuse presentlie and willinglie to returne to the vnitie of the catholike faith And touching such * c. omn. 1. q. 1. c. si qui presbyteri 1. q. 7. canons as in apperance at the first séeme contrarie the * c. nos consuetudinem dist 12. glosse verie truelie reconcileth them together saieng By common right none that returneth from heresie may be ordeined but such are dispensed with as when they are suffered to be preferred to the lower orders 1. q. 1. c. si quis haereticae The dispensation is full when he may be made priest but no further 1. q. 7. c. conuenientibus It is more full when he may be made a Bishop but not a Primate as in this place it is most plentifull when he may be promoted to all other dignities 23. q. 4. c. ipsa pietas Yea besides the continuall practise and custome of this realme euen in hir Maiesties iniunctions made the first yeare of hir blessed reigne of Priests then which had but small learning and had of long time fauoured fond fantasies rather than Gods truth which must considering the time then néeds he vnderstood of massing priests it is affirmed that Their office and function is of God and therfore that they are to be reuerenced And the * 13. Elza cap. 12. statute cléerlie decideth the tollerating of all priests in their functions ordered neither in the time of king Edward nor in hir Maiesties reigne so they publikelie did testifie before a time there prefixed their vniformitie with this church in matters of religion By the practise of our church after God had opened their eies to sée the truth they were not onely tollerated but some of them aduanced by our godlie Princesse to the highest dignities in it And God did not onlie singularlie blesse their ministerie towards others but vouchsafed the persons of some of them the crowne of martyrdome Euen in the reformed churches of France thought of all other by our men most strict and woorthiest of imitation such as had béene popish priests as may appeare were tollerated to continue their function and to reteine their benefices being conuerted to the gospell CoÌ„me * Pierre Viret in Decalog ie ne veux c. As I will not saith Viret at all condemne the tolleration vsed towards such for christian charitie sake and bicause they should not bee driuen to despaire so would I also desire they should vnderstand that they may not hold those goods with a good conscience except they labour to the vttermost of their power according to the estate whereto God hath called them to the edification of the church and the releefe of the poore whose goods they inioy And to this effect he also speaketh more at large in an epistle written to the faithfull And it is conteined in the * La discipline eccles des esglises reformes duroyaulme de France art 2 3. discipline set downe by all the reformed churches of France that Bishops priests and monks conuerted to the gospell from Poperie might be assumed to the ministerie of the gospell after the confession of their faults and errors and good experience had of their conuersation and doctrine The like may be said of other churches abroad
which for their first planting vsed the ministerie of notable men which before had béene Massing priests Naie it were a manifest abridging of hir Maiesties prerogatiue roiall to bind hir Highnesse hands by such Canons if there were any from aduancing men in all other respects fit for the vse of the church being against both hir Maiesties owne practise and hir most excellent brothers the vertuous K. Edward So that we may conclude the truth of his Maior proposition is as good and no better than his dealing in the allegations for the proofe of it was plaine and vpright 37. Section Pag. 74 75 76. THose things which I haue afore alledged conteining particular decisions of lawe contrarie to his absurd and vncharitable assertion against penitent sinners I trust may satisfie our author séeing for feare of a rule not generall and with more limitations against it than with it he is content to let go his former hold For he saith though Manie things are not to be doone of vs which being once doone must stand yet the Massing priests might neuerthelesse and ought to haue béene secluded From the ministerie at the entrie of hir Maiesties reigne So that it seemeth he alloweth of their tolleration now to remaine in their roomes though by the waie he accuse both hir Maiestie and the whole state then Accusation of hir Maiestie and the state for want of discretion as not performing their duties herein and of vnaduised translating of the canon lawes vnto vs. And here againe he sheweth his great skill in Law and Logike when he would both haue had the canon law then wholie abrogated and yet by that law he would haue had such as had sometimes béene Massing priests and conuerted to the gospell debarred from the ministerie The * c. sollicitudinem Ext. de appellat ibi gl ver tanquam aduersa remissiâ—e lawe saith He that alledgeth contraries is not to be heard Therefore to helpe vp the matter fullie on his side he surmiseth by waie of admittance that They are idolators still or that they doo keepe backe from the people the word of God and therefore are to be remooued And it is a maruell that his skill in law was not such as to haue alledged for proofe hereof full wiselie Semel malus semper praesumitur malus But who art thou that thus iudgest another mans seruant who either standeth or falleth to his owne lord And who if either Their insufficiencie negligence contempt oridolatrous hearts may be duelie found out wherewith he chargeth them are not to be tollerated any more Railing against orders of the church in respect of their conformitie to weare cap and surplesse by law prescribed which I doubt not but vnder their persons be here ment to make absolutelie odious than his clients are to be borne with who in contempt of lawe doo swing vp and downe at communion and else-where onelie in their side cloakes more like ruffians and drouers than sage and staied ministers in a setled church And where he goeth about to heale that which belike he feared would be obiected concerning the * 2. Kings ca. 23. ver 8 9. priests of the high places whome Iosias brought out of all the cities of Iuda and suffered them to eate of the vnleauened bread among their brethren he is but afraid herein of his owne shadow for he seeth there are other more pregnant places a great deale FaluÌ„ficatioÌ„ to this purpose But here he hath also falsified the text in making these Priests of the high places the Priests of Baal whose priests are indéed spoken of in the fist verse and by calling the Vnleauened bread by the name of Tithes and offrings And here also by waie of recapitulation of that which had béene spoken foure or fiue pages before he flingeth backe againe to inforce the remoouing of a minister for insufficiencie or negligence as well as men in diuers other functions are for the like to be remooued which his reason is answered afore And at the closing vp hereof as Orators doo when at the first and in the end they set their most forceable persuasions to leaue the déeper impression he allegeth thrée lawes belike as the verie cutthrotes of all A permission was * L. 12. si quis cterialis C. de Epi. Cleric giuen vnto Decurions by Theodosius the emperour vpon relinquishment of their goods to become clearkes Which the emperours following thought good to abrogate by calling backe publike officers and ministers which either in regard of the troubles of such functions of superstition and admiration of that kind of life or for the enioyeng of the immunities of clearkes would leaue their former roomes destitute and procure themselues to be ordeined clearkes in some great church amongst other But I sée not what this may prooue sauing that princes heretofore haue made lawes to bring backe ecclesiasticall persons from the seruice of the church which vnduelie and with for saking of their former vocation they vndertooke As for bond men which by their maisters consent first taking vpon them to be Moonkes all which were in those * c. a subdiacâ—â— no 93. dist daies laie men did relinquish their solitarie life afterwards and therefore were brought backe to their old slauerie least they should reape benefit and their maisters by such collusion be damnified I cannot sée to what end it is brought but to make vp a number and to range in a ranke with the rest His last allegation here is his owne collection and not the law it selfe in either of the places quoted which prooue onelie that infamie which is Infamia iuris is sufficient cause of remoouing a man from an office of credit and saie nothing of hindering him to aspire to such a place as is here alledged although the law be elsewhere as pregnant for the one as for the other And though this be true and to be applied also to ministers yet is it not by force of these lawes onelie but by vertue of other Canons especiallie prouided for that end and purpose 38. Section Pag. 76 77. HEre he rangeth still further and further from his issue which is that such a learning as enableth a man to preach and none other is allowed of by lawe in a minister and would now forsooth prooue our ministers to be no ministers at all for that they are not made according to the forme and maner which the law prescribeth That they are not so made he leaueth as yet vnprooued and taketh it of the readers liberalitie as granted vnto him which neuer ment to ease him of that paines The reason of the consecution if they be not in that maner and forme made and ordered as is appointed that then They are no ministers in deed and truth but onelie in shew and appeerance hereof he thinketh may be established bicause the statute saith Those which be or shall be made deacons or ministers after the forme and order prescribed shall
he that hath indéed intruded and without all outward calling thrust himselfe into the Lords haruest so that he haue some commendable gifts of learning and demeane and beare himselfe without publike staine or blot shall be intended and presumed to haue béene inwardlie mooued by the Holie-ghost and be in verie déed a true and lawfull minister Yea so stronglie if we may beléeue him shall this be intended that it shall be accounted Praesumptio iuris de iure So that we are come to that issue which afore I touched that the Bishop when he hath an vnlearned minister vnder hand such as this man surmiseth all to be which are not able to be preachers cannot though he would obserue the solemnities forme and order of the booke of ordinations But when a learned man is vnder his hand to be ordeined then he cannot but stumble whether he will or no of all such matters of forme as are appointed And that Sect. 45. this is such a presumption he bringeth for proofe a glosse which if he had ment plainelie he would haue quoted in a more fit place than this but he was then loth his craftie conueiance should be espied Which glosse as may there be perceiued saith not so much as colourablie any thing tending to this purpose but the quite contrarie But saith it shall we presume for the parties sufficiencie that is ordeined C. post cessionem Ext. de probationibus is an argument that we must so presume except the contrarie be prooued And againe that we must thus stronglie presume and intend he exemplifieth for I may not saie prooueth by rescripts Autenticallie sealed yet procured by vntrue and colourable suggestion and by a definitiue sentence wherein is a Nullitie For the first proofe whereof that the rescript was obteined Bona fide and that the sentence was a iust iudgement we must he saith presume till the contrarie of the one be prooued and for the Iniurie and iniquitie of it the other be reuersed Where by the way ye may sée this mans great skill which presumeth for the validitie of a sentence in which is a nullitie prefixeth the ordinarie course of appeale for reuersing of it confoundeth it with a reuersible sentence in respect of th' iniustice iniquitie of it a Inst de perpet temp in princ l. omnes l. sicuti C. de praescript 30. vel gl in l. querelam C. de fals Wheras a nullitie may be proposed against a sentence at any time within thirtie yeares at the least And b Bald. in l. 1. C. de rebus alien l. 2. C. fi ex fals instrum if it be in regard of want of iurisdiction or commission in c C. vigilanti c. fin Ext. de praes causes wherein by lawe no prescription runneth or be d L. pure in fine ff de dol except l. si pactus C. de exceptionib proposed by waie of exception the action of nullitie neuer ceaseth but at any time may be opposed So that to returne to the principall purpose that the euent insuing must teach who were with all due circumstances ordeined ministers and who failed therein and that such iudgement is grounded on a presumption of law and by law we may perceiue is vtterlie left vnprooued Naie if he had vnderstood what he writ he would either neuer haue so rashlie and vntruelie affirmed that course of iudging to be Praesumptio iuris de iure or else would haue spared his examples which make directlie against him in this behalfe e L. si tutor cum gl ibi Bald. C. de peric tut Bald. in l. ita demum C. de procurat For a presumption of law is a most cleare kind of proofe and is so full that it f L. 3. C. de apochis publ li. 10. Bald. in l. 1. C. de fidei com dooth of it selfe sufficientlie prooue and is most pithie euidence Yea the g Auth. sed iam necesse C. de donat ante nupt Alex. in l. non est verisimile ff quod metus causa presumption of law and by law as some doo terme it will not admit any proofes to the contrarie otherwise than by the confession of the partie himselfe and is equiualent with any such h Bart. in coÌ„s à Dom. Cyno matter as by the disposition of any statute law may not be refelled So that our author matching this presumption with presumption for rescripts and sentences which by contrarie proofes are indéed ouerthrowne dooth giue sentence against himselfe that concerning ministers sufficiencie by the euent insuing there is no such presumption as he dooth vainelie iangle on And therefore he is more strictlie than an éele is with a fig leafe holden vp to his former assertions which doo plainelie impugne almost all the ministers in England partlie for want of weight and partlie for fashion notwithstanding his friuolous elusorie apologie and his absurd protestation implieng a contradiction in it selfe 48. Section Pag. 97 98 99. IN this section is handled that which might be obiected that is to saie whether the sacraments administred and other parts of execution of the offices incident to that function shall be accompted rightlie and dulie done by such as our author maketh no ministers at all To which in effect he answereth that the actions and publike execution of their functions by them done hereafter shall be of none effect but both bicause till this time No controuersie hath beene mooued touching the validitie of their calling state and condition and also for common vtilitie and a generall errors sake the things done heretofore by them are rightlie and duelie done But since controuersie now is mooued if the acts Doctrine dangerous to the whole state done by such ministers after this time shall not be auaileable and of force what confusion and danger this doctrine might bring into this common-wealth about the mariages and baptizings of infinit numbers by such ministers wherevpon by the lawes of this land the inheritances dowers and tenancies by courtesie doo greatlie depend I leaue to be weied by déepe states men and wise counsellors Naie if it be sufficient for euerie libeller to bring such matters of consequence into hazard by waking vs as he pretendeth out of a generall error whereof â—e onelie dreameth whie may we not as well saie that all which haue béene married or baptized these manie yeares past shall be brought within the like compasse of danger seeing both the traitorous papist and the dangerous Innouator hath troden the same steps and skirmished as hoatlie as this man dooth a long time against the lawfulnesse of our Bishops priests and ministers and with their calling into that function But thanked be God all their complots though they be like to Samsons fores distinguished by heads but linked together by the tailes and tend all to a perillous trouble and combustion in this state yet there is small weight in any of their words and
that is doone by him But our author himselfe saith that all our ministers ought to be elected by the people which yet is not performed that in the ordinations of the best men we haue some solemnities are dailie omitted and that it is so sure that solemnities and other matters of forme are omitted at the ordinations of vnlearned ministers that it is Praesumptio iuris de iure that they were not rightlie and formallie ordeined Also this rule faileth * L. 2. C. de sentent interlo 3. q. 7. §. tria ver verum c. ad probandum Ext. de re iudicata Abb. in c. sciscitatus de resc when at the verie beginning the impediment was apparent Now if we may beléeue our author the impediments hindering these vnlearned men to be ministers are so euident that euerie man being present may sée the Bishops Proceedings heerein to be contrarie to lawe and being absent may haue By experience such certeine knowledge of his misdemeanors and ignorance that by the most full and plaine proofe that may be not admitting any proofe to the contrarie euen By presumption of law and by law it may be intended he was vncapable at the time of his ordination And moreouer he surmiseth certeine impediments whereby such a man is hindered from being in deed and truth a minister to be knowne both to the Bishop and to the partie ordeined And * Abb. in c. Apostolic Ext. de praesb non ordin gl in c. dudum c. nihil c. quod sicut Cl. 2. de electio againe this rule indéed holdeth and error maketh law in matters depending of iurisdiction but not in matters grounded vpon orders nor in sacrementals in which rather truth than common opinion is weighed And therefore it is * Archid. 11. q. 3. c. 1. Bald. in l. 2. C. de sent interl omnium iudicum said Generall and common errour in spirituall matters dooth worke and enure to nothing Where vpon it resteth still firme and inuiolable that if we haue so manie as he inforceth onelie pretended ministers in this church of England not being so in déed and truth then shall the acts and functions of the ministerie executed by them be of no other force notwithstanding the common error than if they had béene done by méere laie men both in déed and common reputation Naie by this mans platforme the priests made in time of poperie being not so much as capable of the ministerie and the ministers ordered in the time of king Edward and hir Daiesties reigne that now is being no ministers indéed bicause they were not chosen by the people which the booke and law requireth it will follow that we haue no ministers indeed and by lawe in this church of England Now it is a péece of our new church-modell also to * T. C. Replie pag. 518. affirme that Not onelie the dignitie but also the being of the sacrament of baptisme dependeth vpon this whether he be a minister or no that dooth minister it To which also the opinions of the ministers of the reformed churches in France séeme to be conformable where they * Art 4. du Baptisme en la discipline eccl de France saie Le baptisme c The baptisme administred by him which hath not commission or anie vocation is wholie void But the common law of the land maketh espousals void to the intent of legitimation or inheritance of the children where the matrimonie was not celebrated by a priest or minister and suffereth none to be capable of any benefit of a subiect in this land which is not baptized So The authors most pestilent assertioÌ„ and the consequence that we sée a more pestilent plat than this man hath laied against the particular interest of euerie subiect in this church and common-weale cannot be deuised by the most seditious traitor in Rome or in Rhemes nor by the most stirring and tumultuous diuell in all hell if all that were true which he and his complices doo deliuer vnto vs as vndoubted truths here and else-where in their peremptorie and perillous assertions 49. Section Pag. 99 100 101. IN this place our author goeth about to confute those that take vpon them to exempt Bishops from blame For placing vnlearned men in benefices by reason of the corruption couetousnes and simoniacall compacts of sundrie patrones But what colour of excuse can this yéed to Bishops in any mans imagination whie they should call insufficient men into the ministerie For I hope his malice is not so great as to charge them that they make insufficient men ministers onelie to serue the turne of Couetous patrones whereby they may make their markets more gainefull and vpon refusall of their cleackes that they may haue aduantage in law peraduenture against the Bishop himselfe that ordeined them Yet to follow him a little in this matter of bestowing benifices with what forehead can any man but a litle experienced in the world saie that the greedinesse and corruptions of patrons is but a Feigned cause of placing vnlearned men in benefices except he will denie the sunne to be vp at midday or such a one as the god of this world hauing blinded dooth thinke the smell of gaine to be good out of anie thing as Vespasian did Ex lotio And can he faie this is but Feigned who talketh so much of a presumption by law when as the law it selfe though there were not too lamentable experience of it in this common wealth dooth tell vs Bicause patrones leaue so small a portion in some places c. extirpandâ— Ext. de prâ—bendis to the ministers so that they cannot competentlie thereby be mainteined here vpon it commeth that in such countries scarse one minister of a parish church can be found which hath euen but a little skill in learning But If it were true he saith he will neuerthelesse Let passe diuers answers which aptlie might as he thinketh be vsed in this matter One is bicause the Bishops office is More painefull than gainefull and he that tasteth the sweet ought also to tast of the sowre Therefore he should refuse to admit any not so qualified as our author meaneth vnto a benefice yea though he were sure that after all his trouble and expenses such a clearke should be placed by the course of the common law maugre his beard So that by this mans accompt it is better purposelie without cause or hope of preuailing for a man to trouble himselfe and spend his monie than to be quiet and better to rise vp and fall than to sit still Naie with what credit can the Bishop reiect a man as vnable whome he is sure the law of the land will repute sufficient Therefore it is maruell that our author vpon this colour did not here runne into a common place against the common law which is more loose in allowance of clearkes vnto benefices than he would beare vs in hand the canon law is But
hath told vs in his booke a Pag. 19. that Our cheefe prelats haue not yet abandoned the policie of the traitorous law-maker that it is perillous for the gouernement of the state of the Lords houshold and not meet for the Lords seruants to be guided by that they vse wilfull disloyaltie to the Lord that the procurations dispensations ceremonies non residence excommunications visitations paiments of oblations courts offaculties and licences are mainteined onelie by the popes lawes and are all popish b Pag. 19 20. that the applieng of that to good vses which hath beene abused dooth accuse the sonne of the most highest that he hath not dealt faithfullie in his fathers houshold by giuing them as perfect a law for the gouernement of his houshold by discipline as by doctrine c Pag. 20. that for their fellowe-seruants sakes they ought to be more fauourable to their Lord and maisters cause d Pag. 30. that they doo execrablie mocke and delude the Lord to his face e Pag. 35. that a Bishop and minister ought so to minister the discipline of Christ as the Lord hath commaunded though the lawes of the realme should not haue receiued the same f Pag. 36. that no discipline in truth can be said to be the discipline of Christ vnlesse it be indeed ministred as the Lord Christ hach commanded the same should be ministred that g Pag. 36. it is vtterlie vntrue to say that our discipline vsed in the church of England is in verie deed the verie same discipline which the Lord Christ hath commanded h Pag. 37. that the saints of God and loyall subiects to hir Maiestie calling for discipline commanded by the Lord and in truth established by the lawes of hir Highnesse empire haue open wrong and intolerable iniurie offered at the cheefe prelats hands i Pag. 20. that the law dooth indeed for them authorise that which the same law in appearance onelie approoueth for the other k Pag. 53. that the chéefe prelats are not so faithfull to the Lord as were expedient for them that they accompt not the Lords waies to be the best waies his counsels not to be the wisest counsels to interpret the meaning of the statute bicause they are such waies as wherein the Lords seruants applie themselues preciselie to walke and therefore ignominiouslie are termed Praecisians l Pag. 62. that the statutes of the realme giue to all the faithfull of the land an interest in choise and allowance of their pastors m Pag. 74. that at the entrie of hir Maiesties reigne the whole maner of the gouernement of the synagog should haue beene altered n Pag. 74. that at that time their lawes were vnaduisedlie translated from them vnto vs o Pag. 91. that they which be called Puritanes make conscience not to offend God in any small thing p Pag. 91. that for their conscience sake they are thought worthie to be whipped and excommunicated q Pag. 263. that it is a matter worthie inquirie whether the pastor of euerie congregation be suffered to execute the discipline of Christ authorised by Act of parlement r Pag. 264. that those who haue spoken touching matters onelie of discipline and ceremonies wherevpon before Bishops they are sifted with othes haue spoken or preached out of the word of GOD the truth of God touching the same s Pag. 227. that the freends of reformation are greater freends and mainteiners of hir Highnesse prerogatiue than the other be t Pag. 231. that the enimies of reformation are enimies to hir Maiesties prerogatiue u Pag. 228. that they onelie execute such iurisdiction as by popish constitutions or popish customes hath beene heeretofore annexed vnto their dignities and that by an vtter enimie to hir royall person state and gouernement k Pag. 238. that the popish ecclesiasticall law ought to be abandoned and as a froth or filth to be spewed out of the common-weale * Pag. 238. that hir Maiestie can by no meanes more honour the Lord than vtterlie to abandon all semblance of any gouernment proceeding from an enimie and traitor to his Maiestie z Pag. 239. that for the gouernement of the church we haue the perfect and altogither righteous law of God to rule the same by Also * Pag. 95. by waie of supposall he séemeth to doubt that the Lord hath not yet gratiouslie opened hir Maiesties eies to vnderstand all and singular mysteries of his testament that blemishes and blots remaine that aduersaries to the people of God doo hire councellours to trouble their building and deuise all the daies of Cyrus that the walles are to be reedified by some Eliashib that the church must yet tarrie some leisure and that it may be some other glorious worke is to be doone in our daies by hir Highnesse with infinite such like saiengs procéeding from the said puddle of pride faction rancor and disloialtie Wherevpon we may gather besides his vnthankefulnesse to God and vndutifulnesse to hir Maiestie by whose ministerie God hath singularlie blessed vs besides his boiling malice against the state ecclesiasticall his factious gréedinesse of innouation and his schismaticall titles of glorie laid with a kind of peculiar prerogatiue vpon those who impugne lawes vnder colour of their wished reformation that he is persuaded and so would haue others to be both that diuerse points of their new church-plot are by lawes of this land established which yet are kept from them by strong hand and also that there is some perfect exact and set order of all externall policie concerning ceremonies and discipline in all church matters prescribed by the commandement of Christ which is not yet by law established as it ought to be and from which in the meane time this church of England wholie dooth varie That he thinketh they are debarred of some thing which they wish and ought by law to enioy it may appeare partlie by some of his spéeches aboue mentioned but more plainelie * Pag. 92. where he calleth for certeine Orders and lawes to be put in practise which the magistrats haue made that such as speake for them preach for them call for them and write for them may be no more controlled c and that they may either be mainteined as lawes or else he and others be deliuered from their duties in desiring their execution and obeieng them which they could hitherto neuer be brought to obeie or like of And * Pag. 105. likewise where in the verie end of his first treatise he praiseth certeine Lawes as wholsomelie prouided against wilfull law-breakers Which lawes by him ment if they be declared in particular I hope they haue bene sufficientlie spoken vnto alreadie But if any of them which he so commendeth be parts of the Canon law then he is to be praised for a man of a good nature which after his furie being ouerpast which belike hath Dilueida interualla will
which scepter subdueth people vnto vs and the nations vnder our feet Moreouer speaking of hir Maiesties souereigntie in causes ecclesiasticall he saith The head Christ is pulled downe and the hand of the magistrate is set vp But as we haue now séene their ioint accord in taking from princes and throwing them downe from that power in ecclesiasticall gouernement where with all God hath adorned them so let vs consider how much naie hold little some of them doo attribute vnto princes in this behalfe For although our Abstractor who can temporise and plaie the part of a politike proctor of Presbyterie patrones a Pag. 92. dooth saie That hir Maiestie is a souereigne a sole and a lawfull gouernesse in all causes and ouer all persons ecclesiasticall yet other of them whome he loues and likes full well I dare saie doo b T. C. giue authoritie vnto princes to make ecclesiasticall decrées onlie when there is no lawfull ministerie Notwithstanding others of them c Admo 2. pag. 8. 57. thinke they may yéeld no further power vnto princes than to bind them to the restoring of their ecclesiasticall presbyteries that after that once performed they themselues may make vp their church-orders according vnto which the reformed churches in France doo attribute no more to the ciuill magistrate here in but d Art 24. de la discipline du France that Where the ministers doo saile in dutie there he must endeuour to cause them to be admonished according to the order of the discipline that is by the Consistories the Conferences and Synods either Prouinciall or Nationall Therefore e Danaeus par 2. Isag li. 2. cap. 17. one of them saith that This is the interest which good and faithfull magistrates haue that if they be present at the first nomination and election of ecclesiasticall persons yet they ought not to rule there For they may not nominate to the people or senate ecclesiasticall the persons to be chosen But a Ibid. ca. 19. in another place he confesseth that in old time the kings consent was required to be had vnto the Bishop which was chosen Bernard epist. 170. c. Reatina dist 63. before he was presented to the people And in the same place he addeth That when the Bishops See is void the prince ought not to enjoy the fruits of the Bishoprike Which saith he though by the royall prerogatiue it be obserued in France Yet Bernard epist. 224. dooth iustlie find fault with it because the said fruits might better be disposed of to the nourishment of the poore Yet one of our b Disciplina ecclesiast owne men dealeth a little more liberallie and saith Herein there is something proper and peculiar to the magistrats that they by their authoritie may order the state of the church at first and so preserue it being once ordered according to Gods will So that their meaning séemeth to be this that the prince must lend hir authoritie for the establishing of these their deuises and sée that no man interrupt them in their gouernement from time to time and so surcease and submit hir owne Highnesse and hir scepter in all church mattes to be ruled by the substantiall honest men and the minister of the parish where it shall happen hir Maiestie for the time to remaine For otherwise c T. C. 2. repl pag. 165. one of the chiefe of them is peremptorie and resolute that the prince hath not nor ought to haue any ordinarie authoritie for the making appointing or determining of any ecclesiasticall causes orders or ceremonies Whereby it may appeare that this whole sute of them doo agrée herein iust with the Papists who doo attribute vnto christian princes Power of fact but not of law and authoritie to Promote and set forward but not To appoint or intermedle with making of ecclesiasticall orders And yet forsooth they doo tell vs in great earness d Admon 2. pag. 2. that There is nothing in their bookes written of this matter that should offend any which either be or would seeme to be godlie Now about those that are to be implosed in this new kind of church gouernement there are diuerse opinions for the Discipline of France dooth a Des professeurs en la discipl de France mention certeine Regents and also Professors in diuinitie which may be called when a question about decision of any point of doctrine dooth arise neither of which persons or offices are mentioned in anie of our platformes that I remember Againe our b Admon 1. pag. 9. men doo make ministers to be of two sorts the one pastors and the other doctors so that both these two must concurre as necessarie members wherevpon with the elders and deacons their presbyterie must be raised but c Du Baptesine art 3. La discipl de France the Discipline of France maketh not a distinct person of the pastor from the doctor but noteth them as two seuerall properties incident according to the doctrine of S. Paule to be in a minister and preacher of the word And that is also the iudgement of Bullinger vpon the 4. to the Ephesians Also our reformers make the doctor to be the second man in their presbyterie yet d De eccles cap. 14. Bertrand affirmeth he ought to haue no place there except he be called by the rest as an Assistant e Admon 1. pag. 9. 11. Likewise our men with vs doo hold that deacons are to be placed in their consistories and presbyteries but the f Ibidem said Bertrand assureth himselfe they haue no place of dutie in that assemblie And such also is the practise of the church of France g Du consistoire art 4. le discipl d◠France where they decree thus The ministers of the word of God and the anciens doo make the consistorie of the church ouer which the said ministers ought to be praesidents and yet neuerthelesse the deacons may giue assistance to the consistorie for aduise vnto it so that they allow them a voice consultatiue but not decisiue in their church gouernement Furthermore our innouators will needs haue the deacons tied to the prouision for the poore so that without great impietie such a function in them may not by any other deuise whatsoeuer be altered yet h Simlerus fol. 752. in the reformed church of Zurike certeine late men without any imposition of hands are monethlie chosen for that purpose and haue the managing of the church stocke a T. C. pa. 192 Some of the principall inforcers of this new gouernement will néeds haue an order of widowes in their church plat And b Dane part 2. Isagog lib. 2. ca. 11. another of their fauourers though he setteth downe no necessitie thereof yet he thinketh it verie commodious to be reteined yet c Eccles discipl pag. 219 other of them not meanclie accompted of would persuade vs as he may herein easilie doo that they neither are necessarie
vs shall lay to some vvholesome remedie If the disease and maladie of pluralites in time of ignorance and superstition was such that the blinde leaders of the blinde 5. P. 2. had their eies in their heads to see the infection therof to be most perillous as well to their synagogue as to their common weale how is it possible that plurified men in the time of the knowledge and truth of the Gospell should finde anie meanes to escape the fire and reuenge which the idolators feared And not onely these Canons and prouincials but the statute lawes of England also made against these excesses prohibite likewise the hauing of â—â— benefices as appeareth by an act of Parliament made the 21. yeare of Henrie the 8. the tenor whereof ensueth And be it enacted that if anie person or persons hauing one benefice with cure of soules being of the yeerelie value of 8. pounds or aboue accept and take anie other with cure of soule and be instituted and inducted in possession of the same that then and immediatlie after such possession had thereof the first benefice shall be adiudged in the lawe to be voide And that it shall be lawfull to euerie patron hauing the aduouson thereof to present another and the presented to haue the benefit of the same in such like manner and forme as though the incumbent had died or resigned Anie lisence vnion or other dispensation to the contrarie hereof Pag. 113 obtained notwithstanding And that euerie such license vnion or dispensation had or heereafter to bee had contrarie to this present act of what name or names qualitie or qualities so euer they bee shall be vtterlie voide and of none effect As touching anie other Canons made and in force before 25. Henrie 8. allowing certaine immunities priuiledges and dispensations to be graunted for the possessing of manie benesices and Parish Churches rightlie vnderstood are no waie preiudiciall vnto these former ordinaunces For in things depending vpon the meere disposition of man though the magistrate haue authoritie as well generallie to forbidde and prohibite as also in some cases besides the said lawe to license and dispence yet concerning the matter of pluralities it will not be found Pluralists I confesse and their abettours ground their assertions vpon these and such like rules following viz. Eius est destruere cuius est construere eius est interpretari cuius est condere Papa qut ius condidit est supra ius matorem enim retinuâ—t potestatem c. That is To him it belongeth to pull downe to whom it belongeth to set vp and the interpretation of the lawe belongeth to the lawe maker the Pope that made the lawe is aboue the lawe because he hath retained a greater power to himselfe then he hath giuen to the lawe The Pope hath a fulnesse of power to dispose of benefices at his pleasure And therefore saie they As Churches were at the first by Lawe positiue both founded and distinguished so may they againe by the same Lawe positiue either be cleane taken awaie or vnited Which vnnecessarie and sophisticall consequence is simplie to bee denied First for those former rules generallie vnderstoode without limitation and distinction bee either vtterlie false or else contrarie and repugnaunt to other principles of Lawe Pag. 114 Againe concerning these or anie other like generall conclusions in lawe I aunswere and that by an vnfallible maxime in lawe that no rule can be so generallie giuen in thinges of meere pollicie and disposition of man onelie deuised by man of which sorte these former rules are that receiueth not some limitations and restrictions And that therefore these principles wherevppon the foundation of pluralities is layde beeing weake and easilie shaken with a little blast of mannes wit cannot stande or haue anie sure setling in as much as against the same manie challenges may bee made and manie exceptions taken Secondlic the foresayde coherence followeth not for two apparaunt and principall fallacies contained in the same as afterwardes shall bee manifested But first touching these rules before mentioned Eius est destruere cuius est construere c. Hee may breake a Lawe that may make a Lawe the same is not alwaies true It taketh no place Vbt causa prohibitionis est perpetua where there is a perpetuall cause of a prohibition For then the cause beeing perpetuall the prohibition ought to bee perpetuall Quta perpetuam habet causam prohibitionis nulla est obligatio Because Fi. de verb. oblig l si slipuler in id glos extra de simo c. si quis ver iuramentum it hath a perpetuall cause of prohibition there is no obligation As for example the reason and cause of prohibition against murther thefte rauine blasphemic is perpetuall and therefore the Lawe against murther thefte rauine and blasphemie ought to bee perpetuall And therefore men hauing once made Lawes against these vices it is not lawfull for man afterwardes to dispence with these vices or by license to warrant anie man to steale to kill to spoile or to blaspheme For whosoeuer shall in this sorte dispence with a Lawe the same also may dispence with the reason of the Lawe and so with the soule and life of the Lawe and so make the Lawe a vaine and dead Lawe Ratio legis est anima legis Pag. 115 The reason of the Lawe is the soule and life of the Lawe and therefore as none may dispence with the reason of the Lawe or take awaie the soule and life of the Lawe so none may dispence with the law or take awaie the Lawe Now for as much as it is not lawfull for all the Princes in the earth to chaunge or dispence or take awaie the reasons and causes of the Lawes prohibiting manie benefices Therefore it is not lawfull for them to chaunge or dispence or take awaie the Lawes against pluralities The reasons where vpon pluralities are forbidden are reasons taken from the Lawe of Nature and from the equiâ—â—e of the Lawe of God but none can alter or take awaie the lawe of Nature or dispence with the lawe of God therefore none can Institutio de iure nat gen ci § sed naturalis Iam. alter or impugne or dispence with the reasons of either of them For as the lawe of Nature is immutable so is the reason of the Lawe of Nature immutable and as the will of GOD is vnchaungeable so is the equitie of his Law vnchaungeable to If then naturall reason bee the cause and soule and life of a naturall Lawe and the will of God the onelie cause of the Lawe of God and his onelie will the rule of all iustice vuchaungeablie none can challenge authoritie to chaunge or dispence with the Lawe of Nature or with the Law of God but hee must foorth-with challenge authoritie to dispence both with the reason of the Lawe of Nature and with the pleasure and will of GOD. And therefore out of the premises I conclude thus 1
Wheresoeuer the cause of a prohibition is perpetuall there the prohibition ought to be perpetuall 2 But the cause of the prohibition against pluralities is perpetuall 3 Therefore the prohibition ought to be perpetuall 1 Euerie lawe grounded vpon the reason of nature and the Pag. 116. equitie of the lawe of God is immutable 2 But the lawes prohibiting pluralities are grounded either vpon the reasons of nature or vpon the equitie of the lawe of God 3 Therefore all the lawes prohibiting pluralities are immutable THE first proposition of the first syllogisine hath beene proued Institut de iure natu gent. ciui § sed naâ—uralia Iames. alreadie the first proposition of the 2. syllogisme is manifest Omnia naturalia sunt immutabilia All naturall things are immutable and there is no altering or shadowing by turning with the almightie The second proposition of either syllogisme shall bee manifested by that that followeth But first to aunswere the falacies before spoken of because pluralities are not forbidden by lawe positiue of man alone but prohibited also by the lawe of nature and by the lawe of God therefore it followeth that they may not be tollerated by lawe positiue of man alone And therfore if pluralitie men would fitly argue to conclude their purpose they should frame the same after this sort 1 Whatsoeuer is prohibited by the law of man alone the same by the lawe of man alone may be licensed againe 2 But pluralities are forbidden by the lawe of man alone 3 Therfore they may be licensed by the lawe of man againe THE second proposition of which syllogisme beeing vtterlie false you see euidently wherein the conclusion halteth and the falacie consisteth therefore I conclude against them thus 1 Whatsoeuer is forbidden by the lawe of nature by the law Pag. 117. of God the same cannot be licensed by the law of man alone 2 But pluralities are forbidden by the law of nature and by the lawe of God 3 Therefore they cannot be licensed by the lawe of man alone And againe 1 Whatsoeuer ratifieth a thing monstrous and against nature the same may not be priuiledged by the law of man 2 But dispensatioÌ„s for pluralities ratifie monstrous things and things against nature 3 Therefore dispensations for pluralities may not be priuiledged by the lawe of man THe second proposition of the first syllogisme shall be proued in this place The second proposition of the last sillogisme I proue from the etymologie or discription of a priueledge or dispensation for a priuiledge and a dispensation in effect signifie both one thing Priuilegium dicitur quod emanat contra ius Glos lib. 6. de rescript c. versan principio Extra dâ— iudic c. At si clerici § de adulterijs â—ommune in fauorem aliquarum personarum super prohibitâ—s despensatur quia permissa iure communi expediuntur prohibita vero dispensatione egent A priuiledge is said to bee that that for the fauour of certaine priuate persons commeth forth against common right things prohibited are dispensed with because things permitted are dispatched by common right but things forbidden require dispensation By which discriptions of a priuiledge and dispensation it is apparant that a priuiledge and dispensation for pluralities must license and authorise that that the lawe against pluralitie dooth infringe and disalowe and so bee a lawe contrariant and repugnant to the Lawe against Pluralities but the Lawe against Pluralities is the lawe of nature and the lawe of God Therefore a priuiledge or dispensation for Pluralities is against the lawe of Nature and against the lawe of God a more monstrous lawe was neuer established Nowe Pag. 118. that Pluralities are forbidden by the lawe of Nature and by the lawe of God which was the second proposition of my first Syllogisme I proue thus All the reasons wherevpon the positiue Lawe of man against Pluralities was first established are taken and drawne from the Lawe of Nature and from the Lawe of God The reasons and causes of the prohibition are these First the auoiding of Couetousnesse of Ambition of Theft of murther of Soules of a dissolute a roaging and a gadding Ministerie the necessitie of comelynesse and decencie in the Church are speciall and primarie causes for the prohibiting Pluralities but all these are forbidden or commaunded by the lawe of God therefore the causes of the prohibition of Pluralities are grounded vppon the will of God and therefore immutable and therefore not to be dispensed with Againe for one man to haue the stipends of manie men for one man not able to discharge his dutie in one place and yet to haue many charges in manie places committed vnto him for one man to hinder another man from ordinarie meanes to doo good to the Church all these causes I saie are second causes for the prohibition of Pluralities but all these causes are causes of reason and nature therefore by the Lawes of reason and nature Pluralities are forbidden and therefore not to bee dispensed with no more then thefte or murther or blasphenne maye bee dispensed with And if Antichrist thinke it Thefte Rauine Couetousnesse Ambition Pride murther of Soules for one man to haue manie Benefices without dispensation if Antichrist account the hauing of many benefices without dispensation to be a meete meane to maintaine a roauing a gadding and a dissolute Ministerie to foster extortion and vnlawfull gaine what shall the seruauntes of the Lorde Christ the sonne of the most highest Whome hee hath commaunded to bee holie and Pag. 119. perfect as his heauenlie father is perfect defend all these horrible sinnes impieties tollerable by dispensation Can a dispensation from a Pope or an Archbishoppe make Theft no Theft Rauine no Rauine Couetousnesse and Ambition no Couetousnesse and no ambition I speake heerein to Christians which ought to maintaine the Lawe of Christ against the lawe of Antichrist For I knowe some of the Popes Chaplaines grounding themselues vppon these rules of lawe whereof mention hath beene made before giuing vnto the Pope Merum imperium â—n absolute power on earth will affirme that the Pope Vid gloss Extra de confes prebend c. proposiut vers si pra ius §. Apostol dispensat 34. distinct c. lector Glos inc non est extra de voto vers authoritate can make Nihil ex aliquo and Aliquid ex nihilo Nothing of somewhat and somewhat of nothing Sinne to bee no sinne and no sinne to bee sinne These blasphemies they spue out and these blasphemies they maintaine that thinke they may bee theeues and murtherers and extortioners by dispensation And such are plurified men by their owne pluralitie Lawes as shall further bee manifested For as to the making of euerie generall and publike ordinaunce and constitution it is necessarilie required that the same tend first to the aduauncing of the honour praise and glorie of God secondlie that it bee proâ—itable and expedient for the peace and safetie of the weale
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
necessitie for the peace of the common weale Secondlie in cases of conueniencie for the honour of her highnesse person and lastly warranted by the holie Scriptures and lawes of God For though the statute make some men fit meÌ„for the Archb. to worke vpon as it were anuiles for him to strike vpon yet yâ— same statute imposeth no necessitie for the B. to worke without the word But if it bee lawfull by the word then by the lawe he may if hee will But if it be vnlawfull by the word then hee may not though hee would The lawe followeth Be it enacted that neither the king his heires and successours Kings of this Realme nor anie of their subiects of this Realme nor of the Kings dominions shall from thence foorth sue to the sea of Rome or vnto anie person or persons hauing or pretending anie authoritie by the same for licenses dispensations impositions faculties graunies rescriptes delegacies instrumentes or other writings of what kinde name c for the which anie license dispensation composition facultie graunt rescript delegacie instrument or other writing heeretofore hath bene vsed and accustomed to bee had and obtained at the sea of Rome or by authoritie thereof or of anie Prelate of this Realme nor of anie manner of other licenses dispensations compositions faculties grauntesâ— rescripts delegacies or anie other instruments or writings that in cases of necessitie may lawfullie be graunted without offending holie Scriptures and lawes of God Pag. 131 but that from hence-forth euerie such lisence c. afore named mentioned necessarie for your highnesse your heires or successours and your and their people and subiects vpon the due examination of the causes and qualities of the persons procuring such dispensations licenses c. shall be graunted had obtained from time to time within this your Realme and other your dominions and not else where in manner and forme following and no otherwise that is to saie the Archbishop of Canterburie for the time being and his successours shall haue power authoritie from time to time by their discretions to giue graunt and dispose by an instrument vnder the seale of the said Archbishoppe vnto your Maiestie and to your heires and successours Kinges of this Realme as well all manner such licenses dispensations faculties graunts rescripts delegacies instruments and all other writings for cases not being contrarie or repugnant to the holy Scriptures and lawes of God as heretofore hath bene accustomed to be had and obtained by your Highnesse or anie your most noble progenitors or anie of yours or their subiects at the sea of Rome or anie person or persons by authoritie of the same and all other licenses dispensations faculties c. in and for and vpon all such causes and matters as shall be conuenient and necessarie to be had for the honour and suretie of your Highnesse your heires and successours and the wealth and profit of this your Realme so that the said Archbishop or anie his successours in no manner wise shall graunt anie dispensation license rescript or anie other writing afore rehearsed for anie cause or matter repugnant to the law of almightie God This act is renued 1. Elizab. Prouided alwayes that this act nor anie thing or things therin contained shall be hereafter interpreted or expounded that your grace your nobles and subiects intend by the same to decline or varie from the congregation of Christ his Chruch in anie thing concerning the verie articles of the catholique faith of Christendome or in anie other thinges declared by holie Scripture and the worde of God necessarie for your and their saluations but onelie to make an ordinance by pollicie necessarie conuenient to represse vice and for good conseruation of this Realme in peace vnitie and tranquilitie from rauine and spoile Pag. 132 In which act is set foorth vnto vs what great care and circumspection our auncestours in the twi-light of the Gospell had for the abolishing of corruptions and the establishing of a sincere gouernment both in the Church and common weale and how diligentlie and faithfullie they prouided that no manner of dispensations licenses or immunities should be had or obtained but in cases of necessitie in cases not contrarie or reâ—ugnant to the lawes of God in cases wherein the wealth profit peace and conseruation of the Realme requireth in cases conuenient for the honour and safetie of the kings person with a duâ— consideration alwaies of the causes and qualities for the which and of the persons to whom anie license or immunitie shoulde be graunted And therefore out of this statute first I conclude thus against plurified men 1 Whatsoeuer cause or matter is repugnant to the lawe of God the Archbishop may not dispence with the same 2 But the matter of hauing many benefices or beeing Non residents is repugnant to the lawes of God 3 Therefore the Archb may not dispence with the same Againe 1 Whatsoeuer is not necessarie for the wealth peace profit conseruation of the realme same by this statute is forbidden 2 But yâ— one man should inioy by waie of dispensation from Archb. liuings appointed for many men is not necessarie for the wealth peace profit conseruation of Realme 3 Therefore the same is forbidden by this statute Lastly 1 Whatsoeuer is not conuenient for the honour and safetie of her highnesse person same by this statute is forbidden Pag. 133 2 But it is not conuenient for honour safetie of her highnes persoÌ„ to haue the Archb. dispence for many benefices 3 Therefore by this statute the Archbishop is forbidden to dispence c. THE Minor proposition of the first Syllogisme hath bene alreadie sufficientlie prooued by many infallible conclusions of Lawe and vndoubted truths of the worde of God and therefore it is needlesse to make anie repetition thereof Onely I would haue the reader diligently to marke the words of the Statute forbidding all manner of Dispensations in anie matter or cause repugnant to the worde of God For though the aduersarie cauil that wee finde not in the Scriptures these tearines viz. Licenses Tollerations Dispensations c. preciselie specified in anie commandement prohibitorie in the Scriptures yet in as much as the matter or cause of dispensations sor manie benefices is there generallie forbidden as ambition pride couetousnesse â—â—rill of selues c. Therefore it followeth that by It is against the profit of the coÌ„moÌ„ vveale that the Archb. should dispence this 〈◊〉 Dispensations in this case are absolutelie inhibited The Minor proposition of the second Sillâ—gisme may be confirmed by three euident reasons First from the euent which by our owne common and bailie experience wee too too well knowe to be true For by the same we see a few wealthie and rich Prelates in pride and ioilitie to be mainteined and a great number of needie Stipendarie Curates and poore Ministers to be vtteriie desiâ—ute of meete and conuenient allowancco so that sometimes after
their decease their distressed wiues and children are forced either to be â—elâ—â—ued by the seuerall Parishes or their aboâ—des to the impouerishing of the same Parishes or else consirained to bâ—â— from place to place and so be chasâ—â—â—ed as roges Pag. 134. or pilier and steale and so bee punished as selons Secondlie by a comparison drawen from the other Statutes of the Realme prouiding that one rich and mightie man should not exercise manie seuarall mysteries trabes and faculties and so rob the poorer sort from the ordinarie meanes whereby they might liue well and honestlie in the common wealth The third reason is taken from an adiunâ—t or common accident to euerie common weale rightlie gouerned that is that the last Wils and Testaments of all and singular testators be dulie executed especiallie such as whereby the honour of God is promoted the Church and common weale manifeselie regarded but vnto the performance of the last wils and Testaments of manie patrons endowing mame Churches with large and ample possessions to the intent conuenient liuing might be alwaies prouided for pasrours to bee resiant and to feeve their posteritie wiâ—h the foode of life the worde of God there can be nothing more premdiciall or more deregatorie then that these seuerall patrimonies and inheritances appointed by seuerall patrons for seuerall pastors to such seuerall and good vses should by the dispensation of one man bee transformed and giuen to another vse contrarie to the testator his intent and purpose And therefore I confirme my Minor proposition by these three conclusions 1 Whatsoeuer is an occasion that poore and needie Ministers their wiues and children doo want a competent and conuenient mainteinance the same is not necessarie for the profit peace wealth and conseruation of the common weale 2 But that one man should by dispensation inioy many benefices is an occasion that poore needie Ministers their wiues and children doe want a competent conuenient maintainance 3 Therefore that one man should by dispensation inioy manie benefices is not necessarie for the profit peace wealth and conseruation of the common weale 1 Whatsoeuer is an occasion one man should inioy the offices and liuings of many men the same is not necessarie for the peace profit wealth conseruation of the common weale 2 But that one man should by dispensation inioy many benefices is an occasion that one man should inioy the offices and liuings of manie men 3 Therefore that one man should inioy by dispensation manie benefices is not necessarie for the peace profite wealth and conseruation of the common wealth 1 Whatsoeuer is preiudiciall and â—erogatorie to the last Wills testainents of testators disposing their patrimonie to lawfull and holie vses the same is not necessarie for the peace profit wealth and conseruation of the Realme 2 But that one man by dispensation shoulde inioye manie benefices is preiudiciall and derogatorie to such last Wils and Testaments 3 Therefore that one man by dispensation should inioye manie benefices is not necessarie for the peace profite wealth and conseruation of the Realme COncerning the validitie of the Minor proposition of my It is incoÌ„uenient for the honor safetie of her highnesse person for yâ— Archb. to dispeÌ„ce third syllogisme drawen from the conueniencie of her highnesse honour namelie that it is not conuenient for the honour suretie of her Highnesse person to leaue anie manner of authoritie for the Archbishop to dispence none may well doubt thereof but onelie such as respect more the pompe and glorie of an Archbishop then the dignitie and preheminence of a christian king For in good sooth this statute made principallie to abolish all vsurped power challenged by a forrain and Roâ—â—sh â—ope ouer Pag. 136. the king his subiects yet to authorise a vomesticall English Archb. in his roome containeth in it such a contrarietie such an absurditie as it is wonder how either anie Archb. durst challenge the execution thereof or else how her highnesse must noble father brother her Highnesse owne person could endure the same so long vncancelled and vnrepealed especiallie the same being most presudiciall to their regall crownes and dignities For first by the vertue of this statute it is enioyned the Archbishop and his successours in no manner wise to graunt any dispensation licence rescript or any other writing for any cause or matter repugnant to the law of almightie God Secondly it is permitted vnto the sayde Archbishop and his successours by their discretions to graunt vnto the kinges Maiestie and to his heires and successours Kinges of this Realme all manner such licenses c. as heretofore haue bene accustomed to be had and obtayned by his Highnesse or any his noble progenitors or any his subiectes at the sea of Rome Which two clauses without dishonour to the Maiestie of God or preiudice to hir highnesie prerogatiue cannot possible establish a sound and perfect lawe For first in as much as the Popes person was neuer duely qualified to be a lawfull dispensor or any lawfull Magistrate in the Church of God it is manifest that euery dispensation granted at that time at the sea of Rome was directly against the lawe of GOD as graunted by one that was no member of the Church of God Againe In as much as the truth of the Gospell warraunteth vs that symony â—sury Periury Adultery Incest Nonresidency many benefices Marriages against the Leuiticall Law obseruations of superstitious dayes and tymes not eating of flesh in Lent and such lyke are against the Law of God it is euident that dispensations graunted at that time for these and such like thinges at the Sea of Rome were graunted in causes and matters repugnant to the law of God and so by the former braunch of this statute being precisely dissalowed cannot by the Pag. 1 37. second braunch of the same bee generally approued For how can one and the selfe samelawe forbid and commaund thinges so contrary and repugnant in themselues Or how can the Archbishop safely ground his iurisdiction vpon a law so contrary and repugnant vnto it selfe If the Archbishop shall thinke that these two braunches may be reconciled and that the meaning of the former may and ought simply to be vnderstood as the words them selues import and that the second braunch may and ought to be vnderstoode to bound and limite such an authoritie to him selfe as whereby he might graunt such licenses as were had and obtained at that time at the sea of Rome for matters not contrary or repugnant to the lawe of God yet neither by this interpretatioÌ„ is yâ— Archbishop truely intituled vnto any authority thereby to dispeÌ„ce for symony nonresidence many benefices marriages in Lent c. in as much as such maner of licenses obtained at yâ— time at the sea of Rome were obtained for matters repugnant vnto the law of God and contrary to the truth of the doctrine of the Gospell and so by this starute
flaâ—â—â— forbidden which things our auncestors not thoroughly foreseeing neither onely examining for what maner of causes or matters licenses were at that time obtained at the sea of Rome but onely in a generantiâ— inhibiting things repugnant vnto the law of God neuer particularly describing what those things were but leauing the same wholly to the iudgement and discretion of one man the Archbishop alone haue fallen into two paipable absurdities the one that one man alone hath from time to time authoritie by his discrerion to determine what causes are repugnaÌ„t to the holy scriptures and lawes of God Pag. 138 what causes and matters are conuenient for the honour and safetie of the King of England and what are necessary to be had for the wealth and profite of the Realme three things of such waight and importance as the whole bodie of the realme at that time was scarce able to conceiue much lesse shall euer any one Archbishop be able to practise The other absurditie is this viz that by this statute soueraignitie is giuen to the Archbishop and his successors to dispence with the king and his successors kinges and Queenes of England The wordes of the statute are plaine euident But what reason is there for kings and Queenes of Englande to become wardes and pupils vnto an Archbishoppe of England Or how agreeth it with the word of God that a Christian King shoulde in any sort bee in subiection vnto his owne vassall Or what Christian subiect dareth attempt to offer vnto his Christian soueraigne a tollerationâ— For in case the matter of the sayde tolleration be pretended to concerne the conscience then if the matter be free and lawfull by the law of God a Christian king may as well and as freely vse the libertie of his conscience with out licence from his subiect as his subiect maye vse his freedome without dispensation from the king If it be contrary to the lawe of God then may neither a Christian king neither a Christian subiect be dispenced with For what man can dispence with the lawe of Godâ— And in case the matter of dispensation concerne any thing appertaining vnto this lyfe how then should the king receiue a dispensation from the Archbishop without impeaching his kingly dignitie and prerogatine For either he must be dispenced with for breach of the positine law of this lande and haue the payne of law remitied him by yâ— Archbishop which were to set the Archbishoppes keyes aboue the kinges armes Or els he must purchase a dispensatioÌ„ that he may break his law which wer against his honor safety For saith yâ— Emperour Digna vox est maiestate Pag. 13 regnantis legibâ—â—â— alligaium se principem prositeri It is a word worthie c. De le const it princ l. digna the mâ—iâ—sâ—ie of a ruler to acknowledge himselfe as chiese tied vnto the lawes Moreouer this case betweene the king and the Archbishop is farre different from the case betweene the king and his Iustices at lawe determining matters according to the common lawes customes of the Realme betweene the king his subiects For they remaine still the kings vnderlings and in deed giue but the kings iudgement they iudge not the kings person neither commeth anie thing touching his person before them But dispensations from the Archbishop to the king concerne the kings owne person The king in his roiall person or by his proctor must appeare in the Archbishops Consistorie he must alleage before the Archbishop sufficient matter wherevpon the Archbishoppe but a subiect may be mouâ—d to dispence with the king his soneraigne and finallie the kings wisdoâ—â—â— must be subiected to the Archbishops discretion And therefore to confirme the Minor proposition of my third syllogisme I conclude 1 whatsoeuer is dishouourable and dangercus for her highnesse person the same cannot be conuenient for her honour and safetie 2 But it is dishonourable and dangerous to haue the Archbishop to dispence with her highnesse 3 Therefore the same is not conuenient c. Pag. 140 Which reason also may be as well applyed to disproue the the vniawsulâ—nesse of the Archbishoppes dispensations graunted vnto anie of her highnesse subiects as vnto her highnesse owne person in as much as her kinglie prerogatiue â— supreme gouernment in matters lawfull by the holie Scriptures is thereby impeached the Archbishops iurisdiction onelie aduanced and the furetie of her royall person and peace of the common weale ill prourded for Againe sithence cuerie one of sound iudgement vnderstandeth the honour and safetie of her highnesse person onely and wholly to consist in the protection and safegard of our most mightie and gratious God that nothing can be so honourable and safe for her highaesie as humblie and reuerentlie to attend and to submit her selfe to the scepter of his word the execution of this statute by the Archbishop cannot be but most inconuenient and perillous for her highnesse person in as much as partly through a carrupt consiruction partlie by a siniâ—ter iudgement not rightly discerning what things are repugnant to the holy Scriptures which causeth the name of God to be euill spoken of and is a dishonour vnto God and therefore no honour nor safetie vnto her highnesse person And therefore her highnesse is humblie to be intreated to take the entire dominion and whole soueraigntie due vnto her by the worde of God into her owne handes and not anie longer to suffer such a blemish to remaine in her gonernment Had her Highnesse most noble Father vnderstood his kinglie person to haue vnder-gone the Censorship of his subiect no doubt he would as couragiouslie haue fought against an Archbishop as hee did against an Abbot As concerning the pouertie of certaine persons pretended Pouertie of the person no cause for a dispensation Rebuff de dispen ad plu benefi alleaged in defence of dispensations for manie benefices that because the reuenues and profites of one benefice is now a daies not a competent and sufficient mainteinance for a Minister his wife and familie that therefore in respect of such pouertie they are necessarie and to bee borne withall I answere heerein first with Rebuffus the Lawyer that Licèt quis sit pauper c. Though one bee poore and suppose two benefices to bee verie necessarie and profitable for him yet for this cause the Pope may not dispence But if it bee necessarie or profitable for the Church to haue a teacher to instruct maintaine and defend the same then shall a dispensation bee lawfull Pag. 141 Secondlie that whosoeuer hath taken vpon him a charge with a poore liuing and stipend belonging to the same ought by lawe to content himselfe therewith and not in respect of anie pouertie to seeke to haue many huinges thereby to better his estate or augment his liuing For the Lawe in truth is as followeth Qui modicum recepit beneficium 32. q. 5. c. horrendus c. Hee that hath receiued a small Benefice
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
necessarie 2. 9. 3. â— vnto to be ordained that many Churches bee not at all committed to one elder because hee alone can neither performe his office in them al neither yet imploie anie necessarie care for the administration of the goods thereof For this consideration therefore we commaund that euerie Church vvhich hath had ten households haue also a pastor ouer the same if anie haue had fewer then ten let then that Church bee ioyned to some other Churches By which constitution our pluralists if they were not wilfullie blinde might easily vnderstand that the lawe dooth not permit one man by reason of pouertie to haue many Churches that are able of themselues to maintaine many pastours but that many poore Churches vnable to maintaine many pastours shoulde bee consolidated and vnited to one and beeing so ioyned together and made one then to haue one pastour ouer them all that might haue of them all a competent falarie for his sustenaunce For saith Rebuff Papa in dispensatione maxime respicere debet vtilitatem Ecclesiae non personae sed hodie ventum est vâ— personae vtilitas consideratur potius quam Ecclesiae potius dispensatur cum diuite qui totam vorabit ecclesiam quam eum asio bono qui eam tueri possit The Pope in a dispensation ought chieflie to respect the profit of the Church not of the partie but it commeth to passe now a daied that the profit of the person is rather considered then of the Church and a dispensation is rather giuen to a rich man which will deuour the whole Church then to another good man which might maintaine the Church If therefore it might stand with the good pleasure of her highnesse godlie Comissioners in causes ecclesiasticall within their seuerall charges not onelie to examine the lawes precedent but also to put in execution the lawes following they should by this their industrie speedilie plentifullie prouide many good competent liuings for many good men to become good pastors in the same I meane not Ecclesiastical men placed Ecclesiastical Commissioners for they for the most parte are the greatest offenders in this behalfe but I meane those of hir most honourable Councell of hir Nobilitie and of hir worshipfull subiectes hauing graunted vnto them from hir highnesse as great authoritie as any of the Ecclesiasticall state haue Pag. 146 An Ecclesiasticall Commissioner is no more exempted from controulement of his collegues and associates then is a Senatour from the order of the Senate or a Counsailour from the directions of the body of the Counsaile or a Bishop from the Censorship of a lawful Synode If therefore the Nobler sounder and better part of the ecclesiastical Commissioners did examine not onely such plurified men as are no Commissioners but such plarified men also as are ioyned in Commission whether by vertue of any facultie license or dispensation they or any of them haue enioyed mo Benefices with cure of soules then one alone aboue the space of seuen yeares then should the sayde Commissioners finde the same Benefices so possessed to be meerely voide as though the incumbent were dead Bicause euery dispensation graunted for more then seuen yeares by lawe is a voyde Dispensation as appeareth by that that followeth IS ETIAM c. The partie also vvhich is taken to such a Regiment to the end hee may more diligentlie care for the Lib. 6. de elect licet canon § is autem flocke committed vnto his charge let him bee personallie resident in the Church whereof hee is person And as touching his residence the ordinarie for a time may dispence if anie reasonable cause so require He saith well saith the Glosse that the ordinarie may dispence for a time because the Pope himselfe Glos verb. ad teÌ„pus cannot giue perpetuall indulgences for residence such as were giuen before by Popes he hath reuoked as appeareth by the constitution following Pag. 147 QVIA PER AMBITIOSVM c. Because of the ambitious importunitie of suitors as vvell vvee as some of our Lib. 6. de reser c. vlt. predecessors Bishops of Rome haue giuen vnto manie perpetuall indulgences for the receiuing of the fruites of their benefices dailie distributions excepted vvhether they vvere at studie or vvhether they vvere resident in either of their benefices or had their abode in the Court at Rome or in anie other certaine place or vvheresoeuer else by meanes vvhereof insolences of gadding doo spring foorth and a matter of dissolutenesse is prepared the seruice or vvorship of God vvhich vvee desire should be increased is diminished and the office of Ministerie in respect vvhereof an Ecclesiasticall benefice is due for the most part is omitted vvee vvilling to amend things passed and as much as lieth in vs to prouide against things to come doo vtterlie reuoke all such and the like personall and not reall indulgences and that vvhich vve suffer not lavvfull in our selues vve forevvarne the same vnto our successours By which Canons it Glos verb. perpetuas ibidem is plaine that euerie dispensation should haue a certaine time limitted beyond the which it ought not to be extended for by this perpetuall indulgencie is vnderstood an indulgencie for tearme of life An indulgencie therefore for tearme of life may not bee graunted for then it is perpetual and so contrarie to the meaning of this last constitution Wherefore the time of necessilie must be limitted which time the Lawe following hath limitted and appointed to be seuen yeares onelie Pag. 148 PRESENTI CONSTITVTIONE sancimus vt Episcopi Lib. 6. de elect cum ex eo eorumque supertores cum hijs qui huiusmodi subiectas sibi Ecclesias obtinent vel obtinuerint in futurum dispensare possint liberè quod vsque ad septennium literarum c. By this present decree vve ordaine that the Bishops and their superiours may freelie dispence vvith those that either novv doo obtaine or heereafter shall obtaine vnder thee such Churches that they continuting at studie for learning bee not compelled to be promoted vnto orders vntill the end of seauen yeares And though this lawe seeme speciallie to haue respect vnto such as for studies sake are dispensed with for not entering into the Ministerie before the end of seauen yeres yet the reason of the lawe abridging the time of continuall absence and appointing that the flocke be not left without one able to gouerne and teach the same is to bee extended to all manner of dispensations whatsoeuer where the like absence may breede the like daunger Vbi eadem ratio idem ius slatuendum est ff De vi vi aâ—m l. 1. § quod vulgo ff De legib l. non possunt Where one and the selfe same reason is there one the selfe same lawe is to be ordained De similibus simile debet esse iudicium In cases a like a like iudgement ought to be had And it is expreslie forbidden in the Chapter QVIA before mentioned
that no perpetuall dispensation for receiuing of Ecclesiasticall fruits be graunted no not by the Pope himselfe And there is expresse mention made of him that shall not be resident vppon one of his Churches that shall be student in anie schools of learning that shall be absent from his benefice either at the court of Rome or at anie other place whatsoeuer that euen such a one shall not haue anie perpetuitie by Dispensation thereby to receiue the fruites and profites of the Church from the which for anie of those foresayd respectes he may be absent Therefore against perpetuities of Piuralities out of the Chapiter Is etiam and out of the Chapter Quia before rehearsed I conclude thus 1. Euery Dispensation graunted for the enioying of the fruites of any parish Church without limitation of a certaine time is a voyde Dispensation 2 But euery Dispensation graunted for the perpetuall receiuing of the fruites of any Parish Church is a Dispensation without limitation of a certaine time 3 Therefore euery such perpetuall Dispensation is a voyde Dispensation Pag. 149 THE first Proposition of this Syllogisme is the Position of the law it selfe The Minor is most plaine For whatsoeuer is perpetuall the same can not be limitted and whatsoeuer is limitted the same can not be perpetuall And this perpetuitie in this case as I sayde before hath euermore relation to the terme of lyfe because he is saide to haue a perpetuitie in a benefice that hath a benefice for terme of lyfe And to take away all sinister and double dealing in this action you shall vnderstand that a dispensation graunted once for seuen yeares at the ende of the sayde seuen yeares may not be renued and reiterated for so at the ende of euery seuen yeares a new dispensation being had in effect a perpetuall dispensation might be tolierated and so a man by fraude and couin might enioy that from the which by equitie and law he is altogether secluded which fraudulent and disorderly dealing by certaine general principles and rules in law is absolutely prohibited The maximes are these Ne statutum ipsum fiat ludibrio debitoque frustretur effectu non rebus sed verbis cum sit potius contrarlum faciendum lex imposit a De diuor c quaÌ„to § fi de elec comiss l. 6. Extr. de regni iurâ—c cum quod ff de ver ad ciuili perti l. li. § 1. videatur nullatenus ea vice poterit iterato conferri Quod directè prohibetur indirectè non conceditur cum quod vna via prohibetur alicui ad id alia via non debet admitti quod quis in persona sua facero prohibeltur id per subsectam personam exercere non debet That the statute it selfe may not be deluded and frustrated of hir due effect and that the law may seeme to be made not for thinges but for wordes when the contrary is rather to be done it may not by any meanes be againe the second time conferred And that which is directly prohibited is not by an other way indirectly to be suffered whensoeuer a thing is forbidden any man one way the same man ought not to be admitted to the same thing an other way And that which a man is forbidden to doc in his owne person he ought not to exercise by a substituted person So that once againe I saie if it might please God to stirre vp the hearts of her Highnesse Commissioners to haue a mature and deliberate consideration of the statute before mentioned they shal find matter sufficient to pronounce a great number of licences faculties and dispensations by law to be meerly voide and of none effect Pag. 150 And so manie benefices to be void and in the hands of her Highnesse vnto whome by lapse right hath accrued to present For by that statute the Archbishoppe hath no power or authoritie to graunt anie other licence facultie tolleration or dispensation then such as before the making of the statute was vsed and accustomed to be had and obtained at the sea of Rome or by authoritie thereof But no licence facultie tolleration or dispensation before that time was had or obtained at the sea of Rome or by authoritie thereof for the Fruits of anie Parish church by way of anie kinde or manner of anie perpetuall dispensation or for anie longer time than for seauen yeares onelie as appeareth by the former Canons and constitutions therefore none other ought heeretofore to haue beene graunted neither though they haue beene graunted are they effectuall or auaileable being graunted A non iudice contra formam iuris scripti ff quod vi aut clam l. prohiberi § plane Extra de reb eccle non alienam c. by one that is no Iudge and against the forme of lawe written Iudex non potest vltra facere quam ei concessum est a lege vel consuetudine A Iudge may not doe beyond that that is graunted him by lawe or custome It is forbidden that Church goods shoulde be alienated without a cause or without authoritie of the superiour If therefore anie alienation be made of Church goodes without a cause and not by authoritie of the superiour the alienation is voide Quae contra ius fiunt debent pro infectis haberi Things done contrarie to law ought to be Cod de leg l. non dubium Cod de pre cib imper offerrend l. 1. accounted as things vndone And againe Sufficit legislatorem aliquid prohibuisse licet non adiecerit si contra factum fuerit non valere It is sufficient that the lawe maker forbidde though hee shall not adde that the thing done contrarie to his prohibition shall be void And againe Pag. 151 Imperiali constitutum est sanctione aperte vt ea quae coÌ„tra legeÌ„ fiunt non soluÌ„ inutilia sed etiam pro infectis habenda sint It is plainly decreed by an imperiall constitution that the things done against the lawes are not onelie vnprofitable but also are to be accounted for things vndone And thus much concerning the causes and circumstances of dispensations for manie benefices It followeth then in the description of a dispensation Glos Extra uagan de pre bend dig c. â—â—â—erabilis ver vltimae as you haue seene that the same ought to be graunted cum causae cognitione with knowledge of the cause the reason is this Duo sunt in dispensatione necessaria authoritas dispensantis fastum per quod dispensatur Nam in quolibet actu considerari debent duo factum modus Two things are necessarie in a dispensation authoritie of the dispenser and the fact whereby he shall dispeace For in euerie act two things are to bee considered the fact and the manner of the fact And therefore a Magistrate hauing authoritie to dispence ought not vpon the bare affection and simple allegation of anie person â—esirons to be priuiledged and to haue the Magistrate to mittigate the rigour and extremitie of common right
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
are often called to and fro about the affaires incident to their seuerall liuings Yet neither dooth this Decretall simplie condemne as a thing intolerable all such Going to and fro but where it conteineth perill of soules withall neither can it be with anie reason found fault with where otherwise vpon some weightier occasion it tendeth to a greater benefit towards the church than this can anie waies be offensiue which offense is the onelie ground almost why this often going to and fro can with anie colour be reprehended And therfore his Maior must be better vnderlaid with reason before we may absolutelie admit of it as true The Medium or reason of his third syllogisme which he maketh seuerall by it selfe is ioined with a copulatiue to the reason of the former syllogisme and so both they should make but one reason Now to haue diuers benefices dooth not necessarilie conteine as he assumeth indistinalie in his Minor thereof anie perill of soules but onlie then when the partie is not dispensed with to reteine them as the * Gl. in c. quia in tantum Extr. de prebendis in verbo animarum per text c. dudum 2. Ext. c. de elect glosse in the same place dooth teach vs. And therefore his reason is a paralogisme 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The cause of which perill of soules ouer and aboue the parties owne danger bicause he can not with a good conscience reteine vnto himselfe anie thing against law is assigned to be this that * Gl. ver deceptae c. disdum he being not dispensed with and therefore his benefice though in fact by him reteined yet by law in deed meerelie void ail his exercise of the keies for binding and loosing of the parishioners of his first benefice shall thereby as being done A non iudice become void also and so those shall forsooth dangerouslie remaine in their sinnes which thought they had béene by him in shrift cleerelie absolued Which reason being by the light of Gods gospell discouered to be but vaine that which is built therevpon must needs topple downe to the ground withall For we know that no * c. si quis c. cum aliquis 24. q. 3. sentence of anie mortall man can either bind or loase a mans sins otherwise than the word of God dooth warrant and declare according to which if it be pronounced by whomsoeuer the sentence is good and ratified by God himselfe as he hath promised In which respect also some canons and some of the sounder schoolemen haue taught that the sentence of the priest dooth onelie bind declaratiuelie and not dispositiuelie The Maior proposition of his last syllogisme here doth by no coherence of reason hang togither for both in the church and common-wealth manie occasions may be assigned that doo in some sort indirectlie Hinder other from doing fruitfull seruice in either of them which yet may and ought to be tolerated For what if some notable man by due desert haue atteined diuerse high offices which by reason of the manie old reuerend yeares wherewith God dooth blesse him farre beyond all expectation in which time neuerthelesse manie other excellent men perhaps are bred vp by all likelihood able in verie good sort to serue in those seuerall roomes of the church or common-wealth which he enioieth shall such a man in this regard be stripped foorth of most of his liuings least others should want in the meane time and be hindered from imploiment according to their sufficiencie Or shall we therefore accuse old-age and the blessing of manie yeares as a thing intolerable So that we see it is a Fallacie ab accidente like diuers of the rest which are branded with the same stampe The Minor also of the said syllogisme hath as slender color of truth as the former For as one of the ends as I conceiue of the statute was to haue such as were intended to be of greater gifts to haue larger rewards so was it another end rather to haue two diuerse parishes allotted to one man able to instruct them and they to mainteine him than to haue them serued by two seuerall men not sufficient to instruct either of them So that it may trulie be verified verie few sufficient preachers by this onelie meanes of one mans inioieng two benefices to want maintenance or to be hindered from dooing seruice in the church which may appeare by taking an estimate in euerie countrie of such liuings which be of as sufficient liueliehood as the most seuerall liuings of anie pluralists which are not yet bestowed so well as were to be wished 3. Section Pag. 109 110. IN the text here alledged whence the reason of this Syllogisme is gathered it is said that After a sort he that vsurpeth vnlawfullie two benefices dooth commit theft which word of Quodammodo was necessarilie and warilie added bicause Theft is defined to be Contrectation or handling of another mans goods without the good will of the owner which cannot be applied properlie to a void benefice whose proprietie is indéed and in strict termes of law in no man during that time but as the common lawyers also doo teach vs In nubibus in the clouds and in suspense Which necessarie limitation though our author hath inserted in his syllogisme yet hath he omitted to translate it with the rest of the text Corrupt translation But it is answered in the next section afore both by the text here alledged and by the glosse vpon the other decretall there handled that there is neither danger of soules neither any maner of theft committed but where a man vsurpeth mo benefices than one being not by law thervnto authorised or dispensed with For the * c. dudum 2. §. nosigitur Ext. de electi text it selfe thus distinguisheth If it appeare that after the enioieng of the archdeaconrie hauing cure of soules annexed he reteined the said parochiall churches also at the time of his election neither did shew forth that he was dispensed with by the apostolike See then his election shall by authoritie thereof be frustrated And the like distinaction also is found in the other chapter * c. de multa § finali Ext. de prâ—bendis here quoted in these words But concerning great personages and learned men which are to be honorablie respected with greater benefices as reason shall require the apostolike See may dispense Therefore it is euident that his Minor proposition is in two respects false first where he assumeth that the Pluralist taketh that which belongeth to another and againe in that he affirmeth simplie and absolutelie without the former distinction of law that he committeth theft And likewise it appeareth that he crusheth himselfe against the said rocke of Paralogisme 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whereat he hath so often made shipwracke of reason 4. Section Pag. 110 111. TO his first place heere alledged out of the Distinctions in the Decrees the * Glos in versingulis c. sing u. dist 89. Glosse
in the f c. Clericum c. sequente ib idem Councell of Chalcedon that a man may be a Bishop of one place and an Archbishop of another all at one time yet the one by title the other by way of Commendam like as we read of Oswald who in the daies of king Edgar before the conquest reteined both the Archbishoprike of Yorke and the bishoprike of Worcester together An example also here of more ancient dooth appeere in the g c. relatio c. vl ibidem daies of Gregorie the Great where by his appointment one was both Bishop of Terracon and Bishop of Funda at one time yet the one by title and the other Commended vnto him by waie of trust for tuition And the glosse hath verie well gathered out of Hostiensis fiue other causes wherein two benefices may be committed vnto one man to be holden in title h c. vnio 10. q. 3. c. eam te Ext. de aetat qual First when the churches be of poore and meane reuenue i c. vli §. sique dist 70. Next by the dispensation of the Bishop so that it be in his owne diocesse and in simple benefices for k Add. ad gl ver in duabus ibidem otherwise it belongeth saith he to the Pope to dispense l c. 1. in fine 21. q. 1. Thirdlie for scarsitie of sufficient men to serue in that function vpon which consideration the canon alloweth in villages in the countrie one man to haue two benefices m c. relatio d. c. de multa c. ordinarâ— Fourthlie by dispensation of him that hath authoritie which in those times they attributed to the Pope n Gl. in ver pendeant c. eam te Ext. de aetat qual c. super co c. cum singula in pri ver nisi vnus de prebendis in 6. Fistlie and lastlie if one benefice be annexed or doo depend vpon another 7. Section Pag. 113 114 115 116. THe Abstractor seemeth in this section so big with matter that he confusedlie shuffleth togither the confutation of his aduersaries supposed obiections with the proofes which he bringeth to ouerthrowe dispensations as not knowing whether of them he had best to be first deliuered of and yet it will prooue but a timpanie which in this maner dooth no lesse trouble him than if it were an arrow sticking in a dogs leg First of all he here telleth vs that Although the magistrate in some cases besides the law may licence and dispense yet in the matter of pluralities it will not be found being as much in effect as if he had said None authoritie whatsoeuer can lawfullie warrant a man to reteine two benefices This neuerthelesse he leaueth vnproued wholie and passeth on by waie of obiection vpon ground of certeine generall rules to frame for those which are Abbettours of pluralists a reason which I will breefelie gather into a syllogisme though he haue onelie framed an enthymeme thereof and in steed of the antecedent to wit Pag. 120 that Churches were founded and distinguished by law positiue which afterward he affirmeth to be vnture he héere denieth not that but the Consequence as vnnecessarie and sophisticall The argument may be thus gathered The same authoritie which hath first distinguished churches may vnite them againe For the reason and ground whereof he bringeth these generall rules He may pull downe who hath set vp and the interpretation of the law belongeth to the law-maker But the authoritie of positiue law hath first distinguished churches Ergo the authoritie of Positiue law may vnite them againe To those generall rules in the first place he answereth that If they be generallie vnderstood without limitation distinction they be either vtterlie false or else contrarie and repugnant to other principles of law Truelie this is verie strange law vnto me to heare that one principle of law is contrarie to another If he had said repugnant alone it had béene tolerable but he speaketh with a copulatiue and saith they are both contrarie and repugnant Wherin also he ouerleapt his Logike a little for there can be no doubt but that euerie Contrarietie is a Repugnancie though not contrariwise And I alwaies was charged to beléeue that there were no Antinomies in law though yet this be true that méere contrarieties yea and contradictions also as afore hath bene touched may be collected and will follow vpon those reasons which may be gathered vpon generall rules And therefore the safest and most sound reasoning is drawne from the particular decisions of law and not by the inâ—nit disputes and altercations as Tullie calleth them arising of generall rules And where he saith that If they be generallie vnderstood without limitation they be false how can he applie this anie waie to his purpose Except happislie he will reason in this sort There are some cases wherin they faile Therfore they faile in this point also which we now speake of and then this is a Fallacie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Also where he secondarilie answereth that No Maxime in law is so infallible but that it receiueth limitations and restrictions he saith trulie though to his purpose verie impertinentlie except he could shew that in this case which we now haue in hand it is so limited and restrained as he would inforce And yet by the waie it may please him to call to mind that now he Inconstant dealing condemneth that reasoning vpon generall rules As weake and without any sure settling which so oft he himselfe in the first treatise hath vsed Also in this place we may obserue a contradiction by him deliuered where he saith No rule A plaine contradiction can be so generallie giuen that receiueth not some limitations which is as he affirmeth an infallible Maxime in law For either this Maxime generall rule must not be so infallible but that it shall receiue some limitations or else that other must be vntrue that there is no generall rule but it hath his limitations But he leaueth at the last these reasons of randon for proofe onelie that generall rules may receiue limitations and taketh now vpon him to prooue that these two rules then doo faile in déed and receiue limitation when the cause of the prohibition is perpetuall But his proofe hereof is nothing else but his owne assertion without either law or interpreâ—or of law which so dooth limit it For in déed the law which he here quoteth and the glosse which alledgeth that law saith nothing else but * L. 35. si stipulor ff de verb. obliga this that If I take stipulation or bond of a man to doo that which either nature forbiddeth to be done or which the lawes doo forbid so that there shall be a perpetuall cause of the said prohibition the bond is void But how dooth this prooue that the generall rules afore touched be limited and distinguished by this law whereof it maketh no mention Yet if we should
admit it can it be truelie said that the lawes doo so forbid reteining vpon anie occasion or by anie meanes two benefices that the cause of that prohibition shall be déemed to be perpetuall Séeing the lawes themselues do directlie as you haue heard vpon sundrie occasions determine the contrarie Neither yet dooth it follow bicause a bond is void which is taken against such a law which hath perpetuall cause of prohibition that therefore an indulgence and dispensation of like sort should be also void For he will not denie I hope but that the reason why malefactors ought to be punished is perpetuall as not being of that nature which may be wholie abrogated and yet in some speciall respects it is lawfull euen In foro conscientiae for the prince to pardon their faults and to release their punishment For I trust our Abstractor is not of * T. C. pag. 98. his opinion which thinketh both that the law of Moses for capitall punishments ought exactlie euen among vs to be obserued and also * T. C. pa. 100. that hir Maiestie ought not to pardon the life of anie which God by the Iudiciall law giuen to the Iewes did punish by death Now hauing by the examples of Murther theft and blasphemie which haue a perpetuall cause of prohibition shewed his meaning herein he ariseth from these particulars to collect a generall Ab hypothesi ad thesin that seeing None may take awaie or dispense with the reason of a law being the life and soule of the law therefore no man can dispense with the law or take awaie the law Which being spoken indefinitelie of a law must needs be equiualent as law dooth teach vs vnto an vniuersall and then both he shall be found to be contrarie to himselfe hauing before Contrarietie Pag. 113. deliuered that In things depending vpon the meere disposition of man the magistrate may dispense and also verie absurd in taking awaie all priuileges and exemptions from the generall rigor of sundrie lawes Moreouer we are taught by law that of * L. non omnium ff de legib Abb. in c. si quando Extr. de rescriptis manie lawes a reason can not be rendered neither ought we too curiouslie to search after the reason of them Whereby will follow vpon this mans words that manie good wholsome lawes doo want their life and soule But if he will saie he onlie meant such like lawes as he brought his examples of which doo seeme immediatlie to flow from the law of nature besides that it had baene méet he should haue expressed herein his meaning plainlie yet is the cōsecution of his argument faltie for that it is not necessarie whersoeuer anie of these laws which are deriued immediatlie from the law of nature are vpon anie circumstances dispensed withall or taken awaie that it should be concluded therevpon that The reason the life the soule of the law which is the law of nature is taken awaie For though God whose will is perfect iustice and who prescribeth lawes to other and not to himselfe did appoint the children of Israël to rob the Aegyptians yet this notwithstanding the generall law against theft grounded vpon this reason and law of nature That one man may not hurt or doo iniurie to another was not after this time hereby taken awaie or out of this case dispensed withall Likewise though Moses for the hardnesse of their harts did permit the children of Israël to put away their wiues vpon anie mistike and to marie else where yet was not the reason of the law of matrimonie being reckoned by ciuil law to be the first law of nature cleane taken awaie by this indulgence and dispensation giuen vnto them Yet the Abstractor vpon this false position that None can dispense for pluralitie of benefices but he that may dispense with the reasons wherevpon pluralitie of benefices is forbidden dooth ground as absurd a reason to prooue that none can dispense with the reasons of such prohibition as that is an vntrue assertion in this maner None can alter or dispense with the reasons forbidding pluralities but he that can alter or dispense with the law of nature and the law of God But no man can alter or dispense An absurd reason with the law of nature or with the law of God Therfore none can alter or dispense with the reasons forbidding pluralities Which argument I was content a little to helpe and to frame in this forme though he had made it much woorse and in diuerse respects contrarie to rules of Logike For he did put a part of the Medium in the conclusion where he saith Dispense with the reasons of either of them to wit the law of nature or law of God which is the Medium of his syllogisme had put in also Quatuor terminos For in the one proposition he nameth The equitie of the law of God in the other onlie The law of God The consecution of his Maior he prooueth hereby Bicause the reasons which forbid pluralities are taken from the law of nature and the equitie of the law of God The one part of his Minor that No man can alter or dispense with the law of God he prooueth by this Bicause the will of God is the onelie cause of the law of God and his onelie will the rule of all iustice vnchangeablie Now concerning the forme of his argument it is verie absurd such as anie child of ten yéeres old being in the Unsuersities can tell him to be Neither in mood nor figure consisting wholie of negatiue propositions and therefore dooth no more follow than this argument No man is without sense No stone is a man Ergo No stone is without sense And bicause the matter of this reason here by him deliuered is one of his chéefest fortresses and bulworks of this treatise by him opposed against Pluralities though I persuade my selfe neither he nor anie other shall euer be able to frame a sound reason vpon these termes yet it shall not be amisse a little to examine also the pith of all these his last seuerall assertions which he taketh as vndoubted truths And first that None may dispense for pluralities but such as may also dispense with the reasons that doo forbid them may apparentlie be shewed to be false by infinite positiue lawes which may be changed abrogated or dispensed with though the reasons wherevpon they were grounded be not subiect to such alteration or qualification but onelie then declared vpon some circumstances necessarilie weighed to cease or not to haue place in such especiall cases Naturaliter obligamur ad antidora we are euen by c. § consuluit in l. sed si lege 25. ff de petit haered nature bound to recompense one good turne with another * Xenoph. li. 1. Cyri. Seneca li. 3. de beneficijs c. 6. In which respect amongst the Persians and Macedonians there laie an action against him which should shew himselfe vnthankfull
Which confirmeth that disputation afore had that a thing may be altered or dispensed withall whose reason is no waie In abstracto thereby impeached Another dooth answer to these things in another manner saieng That those things which are of necessitie of nature are not changed but such as be by presumption in nature as fiercenesse in a lion gentlenesse and humanitie in a man may be changed A fourth man verie well learned dooth reconcile the matter thus That the law of nature cannot by positiue ciuill law be broken with that violence which the law of nations and positiue lawes doo iudge worthie of punishment as by making it lawfull that one might hurt another either in déed or word Yet in my poore conceit none of these doo sufficientlie touch the point of the meaning of that rule nor reconcile and meet with all the Instancies which haue beene might be brought to the contrarie Which hath giuen occasion to some whom a Li. 5. Ethic. cap. 7. Aristotle in that respect confuteth to thinke that there was no right in deed or law of nature at all but onelie in opinion bicause they did see naturall things to be among all nations alike as for fire euerie where to burne but they perceiued lawes were not in all places vniforme In whose discourse against them vpon those words where he saith Truelie amongst vs some of those lawes that be naturallie ingraffed are changeable though not all of them I doo gather for this purpose two kinds of the lawes of nature one consisting in the distinction of right and iust things from those which are not right but vniust which is called A law euerlasting and vnchangeable the other is that which is occupied and referred to the vtilitie and commoditie of men which vpon circumstances of times persons and places without anie derogation to nature may be altered and changed as shall be thought expedient The first respecteth an holie and vpright the other a commodious life in vs. And out of the first doo flow those three naturall b L. iustitia 10. ff de iustitia iure precepts which without iniustice can not be broken To liue honestlie to hurt no man and to giue euerie man his owne deriued all from those heauenlie sincere rules of righteousnesse Whatsoeuer you would that men should doo vnto you that doo you vnto them and doo not that to another man which you woulde not haue him to doo to you Which distination and reconciliation though of all the other afore it seeme to me most apt yet the instancies of the deodand of the straie Superannated of the wrccke vpon the sea brought out of our common lawes and the prescription and vse-winning after a certcine time of anie moucable thing from the right owner by continuance of possession established by the Ciuill law doo seeme to me not onelie to change and alter but plainelie to thwart and contrarie euen that chiefe law of nature consisting in the distinction of right and equitie and so dooth the a L. nam hoc natura ff de cond indeb law it selfe affirme of the last of these Yet I know there is varietie of iudgements b Gl. in c. ius naturale dist 1. Bald. in L. ancill C. de furto Azo in summa C. pro empto Angel Alex. in L. possessio ff de acquiren possess amongst interpretors not onelie whether it be against the law of nature or c Ioan. Andr. Anch. Francus in c. possessor de regul iuris onelie besides the equitie of it but also whether the d Ioan. Andr. ibidem contra Cagnol in l. iure nature ff de reg iuris common opinion of writers be the one way or the other So that the safest answer and wherevpon generallie we may best relie is this that there is a kind of Subalternation as the Logicians doo terme it among the lawes of nature whereby the superior and more generall may encounter and preuaile against the more particular and inferior law of nature And therefore this being the generall voice of nature confirmed by the word of God That we are to obey the law of our countrie where we dwell prouided for the weale of the people in publike e L. vlt. §. vlt. C. de caducis tollendis L. ita vulneratus ff ad leg Aquiliam though perhaps against the profit and also right of some priuat men according to that Salus populi suprema lex esto so that in the meane time they be not contrarie to Gods euerlasting will reuealed in the written word we may vpon this ground lawfullie allow both of these and of other lawes of like sort how far soeuer they seeme vnto some to swarue from the law of nature in some respect though in other regard they stand grounded vpon diuerse sound reasons deriued euen from the said founteine of nature yet peraduenture not so neerely and immediatlie as those doo which sound vnto the contrarie Neither is this to be thought strange to men of skill vnderstanding that two viuerse principles of the law of nature and of nations may be trulie drawen to establish contrarie things Hauing thus shewed besides the absurd forme of that syllogisme which is gathered vpon his discourse in this Section and consisting all of Nagatiues the wants also and vntruths of both the propositions therof Ex super abundanti I will now more brieflie examine the two other syllogismes which he hath annexed therevnto It is euident I hope by that which hath beene spoken that the Maior of his first reason is vnture where vpon the perpetuitie of a cause or reason of any prohibition he would ground a necessarie continuance of that which is thervpon established The Minor thereof is also vntrue and to be examined in particular when he commeth to the proofe of it Also That euerie law grounded vpon the reason of nature and the equitie of the law of God is immutable being his Maior of his second syllogisme he would prooue by that which hath beene examined afore to wit That all naturall things are immutable Which neither is of it selfe absolutelic true but with that vnderstanding which I haue shewed neither dooth the other follow of it if this were simplie to be granted by any coherence of reason For the ground-worke and that which giueth strength to a thing may be sure and vnchangeable when as yet that which is built therevpon may be vnsure and subiect to mufabilities Else we must needs establish a perpetuitie in all good lawes of man without any alteration vpon what occasion soeuer seeing they all though many waies diuerse among themselues doo take their foundation and reason from the immutable equitie of the law of God His Minor of his latter reason when he commeth to prooue it shall likewise receiue God willing an answer 8. Section Pag. 116 117. IN the verie first front of this Section wherein he vndertaketh the answer to the fallacies as he calleth them afore
spoken of he assumeth by his old warrant dormant to take without proofe as granted which is verie vntrue and neuer can be proued That pluralities are prohibited by the law of nature and by the law of God and so vpon this his owne liberall vealing with himself without any further proofe in this place he denieth the Minor by him in waie of obiection set downe which assumeth Pluralities to be forbidden by the law of man alone So that if vpon the examination and ouerthrow of his proofes brought to the contrarie it may hereafter appeare that none other law besides the law of man dooth forbid them then will it follow by his owne grant of the Minor which is Whatsoeuer is prohibited by the law of man alone by the same law may be licenced againe that dispensations for mo benefices may be granted lawfullie being the verie contradictorie of his chiefe position of this discourse Where it is not also to be forgotten that the said Maior which here he suffereth to passe Inconstancie without veniall he venied though foolishlie afore when he said The said consequence was vnnecessarie and sophisticall Pag. 213. in fine The rest of this Section brought for proofe that Dispensations for pluralities doo ratifie monstruous things against nature Which is the Minor of his second syloogisme he proueth principallie hereby bicause the law against pluralities is the law of nature and of God being the Minor as yet to be proued of his former syllogisme Which is the most childish kind of Circuition begging that which Childish fallacie is in controuersie that euer I haue heard the most foolish wrangling cauiller or Sophister at anie time vse in schooles which wanted matter and yet was to speake Ad clepsydram and to talke out his taske But if the lawe be monstrous what dooth he make or how dutifullie dooth he speake of those which passed and confirmed that act The proofe which in hand that Priuileges and dispensations are bestowed where some generall lawe is to the contrarie is wholie needlesse Yet the first is wrong quoted bicause he alledgeth a Chapter in steed of the glosse vpon the Rubrike and the second is not found at all whither he sendeth vs though by waie of argument it may be gathered out of that place 9. Section Pag. 118 119 120. THat which he brought a little before to teach another to go is here in be taught how to stand alone it selfe For he would prooue bicause The reasons of the prohibition of pluralities are taken and drawne from the lawe of nature and from the lawe of God therefore pluralities are forbidden by the lawe of nature and by the law of God Which consecution though it hang togither by no knot of reason yet is it left by him without further helpe and by none other meanes approoued vnto vs but bicause he himselfe made it But if euerie thing were to be said either commanded or forbidden by the law of nature and of God which hath for a reason and cause whether néere or farre off mediate or immediate either the one or the other then should all good and wholsome Positiue lawes of euerie nation vnder heauen all which doo issue primarilie from these sourses and fountaines come vnder this rule both to be vnchangeable neither to be dispensed withall vpon any circumstance whatsoeuer according to his owne collection and also the lawes of nature and of God should be found to be diuerse and repugnant to themselues in seuerall nations and in some points also contrarie one to another which is absurd and execrable once to be imagined and therefore that absuâ—d and erronious where vpon this is gathered For as sundrie and different Positiue lawes may be drawne from one principle of the law of nature or of the law of nations called The secondarie law of nature according to the lesse or greater proportion and measure of the influence of it into them and yet all of them tolerable and to be obeied by those vnto whom respectiuelie they doo apperteine so much more no doubt may repugnant Positiue lawes be grounded and established vpon seuerall Principles and Maximes of the law of nature As may be seene by the inher it ance vpon discent after the order of Common law to the eldest by Borough-english to the yoongest and by Gauel-kind to all sonnes alike Likewise by the losse of lands in the sonne for the fathers treason by the course of the Common lawe though the lands holden in Gauel-kind cannot be so forfeited None of which lawes though contrarie one to another but they haue both good and sound reasons drawne from the lawe of God and of nature wherevpon they are setled and also may both lawfullie be reteined and vpon iust occasion in like maner be abrogated or reuersed Out of the Ciuill law this may serue for an example hereof that although by reason it may séeme that any thing is fullie prooued by two or thrée witnesses aboue all exceptions yet vpon another reason which is for the auoiding of all corrupt dealing in Testaments being the last wish of the Testator and therefore most carefullie to be prouided for it is by that law decided that no ordinarie Testament shall be effectuall which is not signed with the Testators and with seauen or in some cases at the least with fiue witnesses hands and seales The reason of taking oths in iudgement is drawne from an ill cause euen that corruption of nature wherevnto we are inclined without some strict bond to the contrarie to deliuer vntruthes and to supplant our neighbours Yet the oth is a part of the seruice of God and necessarilie in all iudgements reteined for deciding of controuersies betwixt man and man The reason and principall ground of forbidding women to procure and sollicite their freends causes being absent in iudgement was the vnshamefast importunitie of one Calphurnia yet we may not hereof gather that all women which are likewise forbidden and debarred from appearing as attorneis for other to be of like disposition vnto hir And if lawes grounded vpon reasons and principles of the law of nature and of nations were thereby as the Abstractor here gathereth to be accompted of the like condition with the verie primarie lawes of nature and of nations themselues then could it not fall out that there might be diuerse principles and reasons of lawes about one matter tending to contrarie ends which yet happeneth three maner of waies First when of diuerse principles and reasons some one amongst the rest notoriouslie beareth the swaie Therefore though the fréedome of man from bondage and thraldome of slauerie be manie waies fauoured in all good lawes as most agreeable vnto the lawe of nature whereby we all are frée-borne yet for auoiding of iniustice and iniurie among men it is prouided that a debtor maie not infranthise and manumit his villaines if thereby his creditors shall not find Assetz for their satisfaction And the like to this is obserued when as
manie or more weightie reasons do swaie one waie against fewer or meaner reasons of the other side Secondarilie this happeneth when as one reason and principle is so counterpeised with another to the contrarie that it cannot well be decided whether of them ought to be of more moment As when it was doubted whether in fauour of libertie it were better to permit a yoong man alreadie come to his owne guiding to manumit his bondmen or else to bind him from it till he should atteine the setled ripenesse of xxv yeares of age required to other his alienations It was by Iustinian prouided Feriendo medium bicause of inconuentences that appeared on both sides that he might manumit them at the going into the xviij yeare of his age And this equalitie indifferencie of principles differing as it were euenlie among themselues is that which bréedeth such great diuersitie of iudgements and so manie controuersed opinions in law both In schooles and consistories when men in pondeting and waieng of them are distracted into diuerse opinions thereabouts Whereof rightlie to determine is in truth the cheefest point of maturitie and discretion that may be wished or can be had in a notable iudge And yet herein it offentimes commeth to passe that in respect of right and iustice it is not greatlie materiall whether the one reason or the other be allowed bicause in regard of sundrie circumstances reasons and motions of a mans mind the selfe-same thing may be diuerse waies if not well determined of yet at the least not vniustlie which bicause vnskilfull men doo not vnderstand thinking that vpon euerie externall transmutation of anie matter the inward propertie thereof is changed and haue not learned to conceiue that as in the sea it is not requisite nor skilleth greatlie to haue all men saile iust in one line which go for one hauen or port they doo therefore make great stirre about nothing as some huge volumes of law for want of consideration hereof vainelie written may testifie Thirdlie when as the weight of these contrarie principles about a matter are neither such that one of them may farre surmount the other nor yet of such equalitie but that the one shall something rebate and diminish the force of the other whereby that which directlie cannot be brought to passe is by some circuition otherwise effected As although no law of nature be to the contrarie but I may freelie marrie hiâ— which was betrothed onelie in mariage vnto my brother without solemnization or carnall knowledge yet is this in regard of a kind of externall publike honestie not permitted by law positiue And though reason would that a man should not be damnified by anie contract wherevnto he is inueigled by guile and mal-engine neuertheles it is thought necessarie that he should first by sentence haue his intire restitution vnto that condition which he was in before his circumention And further vpon due consideration of circumstances euen the principles and reasons that be generall doo often yeeld and giue place to those which be but singular ordinarie to extraordinarie internall to externall yea and naturall to such as be but ciuill and positiue though by ordinarie course it be cleane contrarie Which due pondering of circumstances is of such force that it interpreteth offentimes the generalitie of some lawes of God and declareth in some especiall cases the reasons of them to cease though they themselues in generalitie or in Abstracto as others do speake are immutable For though the law of God be generall that he which sheddeth mans blood his blood shall be shed by man that we should doo no murther yet is not the magistrate or executioner of iustice vpon malefactors nor they which in their owne iust and necessarie defense or by chance-medlie and misaduenture doo happen to kill another guiltie of the breach hereof or to be punished with penaltie of death And therefore vpon these and such like circumstances God himselfe did dispense with their life and appointed vnto them certeine cities of refuge as sanctuaries to flie vnto for their safegard So did he by Moses his seruant dispense for the hardnes of their harts with the law of thâ—indissoluble knot of mariage And though by the law of God and of nations all contrectation of another mans goods without the owners consent be theft yet is this matter so qualified and abridged not vnlawfullie with vs in England that an apprentice or seruant which carieth and imbezeleth awaie his maisters goods and wares remaining in his custodie and vnder a certeine value shall not be holden as a theefe or punished as a fellon And it is euident that exceptions doo abridge and limit the generalitie of rules the common law of the land dooth restraine and interpret the Maximes in that law and the statutes and acts of parlement doo cut off the common law But let vs passe from those things which in generalitie being forbidden haue yet their exceptions and vpon the concurrence of some circumstances are exempted from the reasons and generalitie of such lawes Touching his Antecedent which is that The reasons of prohibiting pluralities are drawne from the law of nature and of God which hereby he prooueth bicause they were forbidden For auoiding of couetousnesse ambition theft murther of soules dissolution and for reteining of comlinesse and decencie in the church it hath béene partlie spoken vnto in the beginning of the examination of this treatise Further it is to be remembred that if these inconueniences doo but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and for the most part follow the enioyeng of mo benefices by one man or be but Causae 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or impulsiue vnto that prohibition for the surer auoiding of such danger then cannot anie sound reason be grounded vpon them to prohibit mo benefices to be reteined by one man both bicause a good man may vse that thing well which might be an occasion of sliding vnto some other not so well staied and also for that the law may remaine where the impulsiue cause thereof ceaseth and of the contrarie such cause may be of force when the law is abrogated But if he will make them necessarie actuall effects arising as of a formall or efficient cause from the reteining of mo benefices and presume necessarilie that all these must needs possesse him that inioyeth them then should this fall out to be so either by reason of the quantitie of the stipend liuelihood arising of them by the quantitie of ground and content of both the parishes by the number of the parishioners of both or by the diuiding of the auditorie whome at seuerall times the minister is to instruct If the quantitie of the liuing and reuenue doo so necessarilie infâ—ct a man with these vices and enormities then should he haue set downe what ought to be the iust measure and standard of euerie ministers yéerelie reuenue which he may not come short of least he want sufficiencie of maintenance nor anie waie
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
no place in that particular action yet in so much that the reason ceaseth not in generall nor in most vsuall actions * Cle. ad nostr de heret c. si Christus Ext. de iureiurando therefore the lawe cannot be said to cease but must haue some for auoiding of inconuenience to declare such particular cases to be out of the generall reason and meaning of the lawe which in other points shall remaine in his profitable force still For such lawes as haue a continuall reason and whose end is common and vniuerfall doo not cease though in some speciall case their intended end dooth not hold And therefore though fasts are commanded for the bridling of our vntamed flesh yet * Cle. ad nostr d. Thom. quod l. 19. ar 15. such also in whome this reason holdeth not shall be tied by the generalitie of this lawe till a magistrate therevnto authorized shall declare him to be out of the reason and reach of this law But it is * Io. a Mediâ—a de conâ—ract q. 14. not so in those lawes whose reason is but directed to some particular end onelie as is the law of brotherlie correction which alonelie tending to his reformation dooth wholie cease without any further dispensation where no amendement can be hoped for and the partie is become vncorrigible So that to his question I answer that no earthlie authoritie whatsoeuer may or can by Dispensation or otherwise make that which is theft no theft or dispense with any other lawe of God or primarie law of nature in such sort as that they should loose which he hath bound bicause the law of God conteineth those * Thom. 1. 2. q 100. arâ— 8. things which are determined by GOD himselfe not onelie in a generall forme of iustice but also in particular actions and therefore can be by none dispensed with by relaxation of the bond thereof but onclie by himselfe And yet those * c. maiores Ext. de baptismo c. per venerabilem Ext. qui fiâ—â— sunt legit that be in authoritie may declare and interpret the law of God and of nature As that law of God of nature which saith Thou shalt not stealc is and lawfullie may be by godlie positiue lawes declared not * Si quis prop. necessitatem Ext. de furtis to reach or extend vnto him which being compelled by extreame hunger dooth take awaie another mans goods onelie to eat and to preserue his life thereby These things I haue made bold vpon presumed patience thus to enlarge for the better euidence of the Abstractors great malice but slender skill and to giue light both to that which hath béene afore spoken and to that also which vpon sundrie occasions is yet to be deliuered as being loth often to be forced to speake of one matter not opened aforehand But now he telleth vs Of a law of Antichrist which Christians must impugne by mainteining the lawe of UnduticÌ„uâ— and vnreuerend speaches Christ against it If he speake thus as it must needs be taken of that lawe which in some cases alloweth a man to reteine mo benefices which in this treatise he séeketh to prooue an Vnlawfull law and here as it seemeth calleth the law of Antichrist trulie for hir Maiesties sake and the whole parlement which reuiued it being first made in the daies of that renowmed Prince king Henrie after he had abandoned the vsurped Komish power afterward practised in the reigne of the vertuous king Edward it might haue pleased him to haue given it a more mild and a better terme But these tempestuous and furious melancholike spirits whome Gualter calleth the Donatists of our time doo esteeme no benefits receiued at hir Maiesties hands worth gramercie seeing they thus make hir Highnesse lawes the Lawes of antichrist onelie bicause they cannot be suffered to establish a souereigne and popelike church-gouernment in euerie parish which may tyrannize ouer the Prince hir selfe without controllement The places which he here quoteth apart as though they serued to the confirmation of the seuerall parts of his talke doo indéed tend all one waie to shew the lawlesse and vnbounded authoritie which is challenged by the pope Which spéeches though it be true that by some canonists they are attributed vnto him yet none of these thrée glosses doo speake expreslie either of his Absolute power on earth or of making somthing of nothing or of finne to be no finne Therfore this is a sinne as the old prouerbe saith thus to lie of the diuell or of his eldest sonne the pope Yea the last of the three rather restreineth that authoritie which the other doo attribute vnto him and setteth downe that In vowes he is said not to dispense but to declare and interpret bicause it is thus commanded by scripture Vow and performe your vowes to God The second place is wrong quoted for it ought to haue beene Glossa in verbo fiat c. lector dist 34. That which is here vnto annexed That a priuilege or priuate law must haue all the properties of a generall law and that a dispensation is but a fiction in law is least by him as void of proofe as it is of it selfe void of truth for it is not possible that euerie priuilege or Dispensation of grace onelie should tend to the benefit of the whole common-wealth * Thom. 1. 2. q. 97. art 3. 10. And in c. de multa Ext. de preb though a Dispensation of iustice may in some sort so tend or if it be But a fiction of law that it shuld haue those adiunds and qualities which are required in a publike law And * Rebuff in 61 de dispens ad pâ—â—ra benefi Rebuff whence indeed he borrowed it dooth not saie that the dispensation is a Fiction of law but that He which vpon cause is dispensed with shall be reputed in law as able lawfull and fit by fiction of law by reason of his dispensation And it is sufficient sometimes to establish a priuilege or dispensation if an inconuenience be but thereby * c. non potest in fide praeb in 6. auoided which otherwise would happen and so if it profit but a verie little it shall be susteined The law which he bringeth out of the * L. liberos Cod. de collationibus Code to prooue that It is all one in effect to enioy a benefit by priuilege or by common right prooueth nothing directlie but that such children whom the prince hath set frée from their fathers power shall not be admitted to enioy their parts in their fathers substance without this collation or putting as it were so much amongst them all of their owne goods in hotch pot as they are seuerallie to receiue of their fathers eueâ— as well as those children must doo which were not so emancipate but by their father himselfe The reason of which decision is lest the princes fauour and grace in fréeing some from their fathers
equanimitie the people of Israell importuned and obteined in sort at Sauls hands the pardon of Ionathas his sonne who had offended the law positiue and might as iustlie haue béene executed as he was lawfullie pardoned And yet was that law grounded of the law of God which vnder the name of parents doo command vs generallie to obeie all our superiours and their lawes not repugning to his euerlasting will The two last places that are quoted one out of the glosse and the other out of the text speake no one word of the restraining of the Popes power in dispensing with the law of nature or of God for the which they are brought Againe it might be answered as afore that the lawe forbidding pluralities dooth not thereby take away dispensations for them for if there were no prohibition there néeded no dispensation also that those vices which are forbidden by the law of nature and of God are no necessarie effects of enioieng a pluralitie that such dispensation taketh more portion of Iustice than of Grace and therefore is not much different from a declaration that the generall law against pluralities in such a mans case dooth or may verie well cease And lastlie that if these were of the lawe of God and of nature yet they might be declared and interpreted how farre they reach and doo bind though indeed the bonds of the lawes of God and nature remaining they may not be by anie but God himselfe released And therefore this reason that such authoritie cannot be yeelded to the Archbishop is manie waies easilie ouerblowne by the grounds of that which hath beene afore deliuered 12. Section Pag. 125 126 127. HE which in all this treatise goeth about to prooue Dispensations for manie benefices vnlawfull as though either there were no lawe to warrant them by canon or statute dooth here tell vs of certeine Defects in the qualitie of the person to be dispensed with which are iust causes in law to frustrate and make void euerie dispensation If he had said euerie such dispensation it had beene more probable whereby will follow if those defects and such like be the onelie causes which make void by law a dispensation then where no such defect nor any other by lawe set downe can be found that the dispensation shall be lawfull and so he hath like the euill seruant condemned himselfe by his owne mouth For Exceptio firmat regulam in casibus non exceptis as hath been alledged in the former treatise And if all this which he speaketh here concerning the qualities of the person to be dispensed with and the causes inducing dispensation were granted can he thereby gather dispensations for mo benefices to be vnlawfull Truelic he must first presume without proofe and against all reason that all or the most of these are neglected in granting dispensations before the other will follow But euen here he standeth vpon an vnsure ground and deliuereth that which is not true For he saith that A man qualified and in all respects capable of a dispensation may not enioy the same without iust cause warranted by lawe Whereas his owne author Rebuff Rebuff de disp ad plura nu 43. dooth teach him that amongst diuerse causes to induce a dispensation the excellencie or prerogatiue and qualities of the person as knowledge and nobilitie of birth are of the first and cheefe causes thereof not that both these must necessarilie concurre and ioine in euerie seuerall person but that either of them by canon especiallie learning may suffice In which respect * In c. de multa Ext. de prebend vlt. notab Panormitane saith Note it well that learned men are matched here with noblemen or gentlemen by birth And so the church ought to honour learned personages not onelie in word but indeed as in prouiding more liberallie to helpe and releeue them by the churches reuenues than for others not so learned And this is the reason hereof bicause learning dooth not onelie profit the owner but also the vniuersall church For the world cannot be gouerned without learned men as it is to be seene Auth. hibita C. ne filius pro patre And another law saith that the vniuersall church requireth greatlie learned men for the better gouerning of it C. cum ex eo de elect in 6. And the said author in another * Panormit in c. innotuit Ext. de elect in 6. notab place plainelie decideth that the prerogatiue and qualities of the person is a sufficient reason wherevpon to ground this dispensation Where the text c. innotuit Ext de elect saith That for the prerogatiue of the person he may be postulated it is to be noted that the onelie excellencie of deserts is sufficient to induce the prince or him that hath authoritie to dispense although the necessitie of the church or euident vtilitie doo not concurre therewith Neither dooth this Canon saie that all those qualities there reckoned must necessarilie concur in euerie dispensation for then should it be requisite also that some about him which dispenseth should haue knowne the partie at schoole or in the vniuersities Neither yet dooth any thing by him brought in this place giue any pretext or resemblance to disanull a dispensation for him in whom these qualities shall not be found as the Abstractor gathereth before any such matter be scattered 13. Section Pag. 127 128 129. THe Abstractor cannot inforce vpon these woordes When reason shall require a dispensation may be granted that therefore not onelie the qualities requisite but some cause besides them must concur bicause it is shewed before that the qualities of the person to be dispensed with is of it selfe a cause sufficient there vnto The next place to this which he quoteth is impertinent to this purpose of dispensation for pluralitie and onelie speaketh of a iust cause of commutation of a vow and so dooth the other chapter which he saith is so Plaine and euident For the decision there is that Forsomuch as the cause wherevpon the vow was vndertaken did cease therefore the vow it selfe being the effect might the more easilie cease and be conuerted into other godlie exercises so far is it from proofe that There must be some speciall cause knowne for the which euerie dispensation is to be granted to the which purpose it is brought And he hauing no better prooued than you haue heard that there must be good and iust cause of a dispensation dooth euen as slenderlie shew what those causes be For the decision of that chapter which to that end he quoteth is not so that Vrgent necessitie and euident vtilitie of the church are causes of granting these dispensations which we speake of but that for those causes the pope did tollerate one to continue Archbishop of Capua which was chosen therevnto though his learning were not exquisite but onelie competent The foure examples of dispensations which he laieth downe grounded vpon causes sufficient by him borrowed out of the canon law cannot by any
possibilitie prooue that which he intends that no dispensation whatsoeuer in any case may be granted but vpon cause and much lesse that Vrgent necessitie and euident vtilitie be those causes and the onlie causes of all dispensations for his owne author Rebuff reckoneth foure causes of this dispensation Or yet that these causes as he gathereth doo signifie nothing else but The well gouerning of the soules of the people But it is not to be omitted that the Abstractor here contrarie to himselfe afore alloweth of dispensations with such lawes whose reasons are grounded vpon the law of nature or of God yea euen to dispense with that which is Vnlawfullie taken onlie by colour Contrarietie to himselfe of an Vnreasonable custome beeing void in lawe First the refusall to receiue moonks to cure of soules who as an ancient father saith had Officium plangentium non docentium were to moorne not to teach and were in those daies meere laie men or the refusall of any other laie man whomsoeuer is grounded vpon that scripture Let no man minister but he that is lawfullie called as was Aaron and let him not be a yoong scholar Yet I must put the Abstractor in mind that he mistaketh the matter when he thinketh that such had dispensation for the Gouernement of a Ignorance in the Abstractor church with cure of soules they remaining still laie men For Exlaico and Ex monacho doo onlie signifie that it was against the generall canons suddenlie without great cause to prefer such from meere laie men to the order of the ministerie and so to a Bishoprike or other cure of soules before they had serued as clearks in other inferior orders and ministrations For by the opinion of Fisher euen at the common * 21. H. 7. 3. law an act of parlement cannot inable a laie man so remaining to become a parson of a church bicause it is a matter meere spirituall although the parlement as Vauisoure thinketh may take order in such spirituall matters as are mixt with temporall causes Likewise the prohibition of ordering the sonne of a professed nonne is grounded vpon those canons of integritie required in all ecclesiasticall men which are set downe by S. Paule which is greatlie blemished and stained by the fault of such parents As for that generall asseueration which without all proofe or weighing of any circumstances he vseth against all inioyeng of mo benefices as simplie vnprofitable at all times to the church when he shall deliuer his proofes of it shall either be answered or yeelded vnto and in the meane time is as easilie reiected as it is by him boldlie auouched But although it did not carrie with it an vrgent necessitie or euident vtilitie of the church yet hereof it dooth not follow that a dispensation to that end is vnlawfull Bicause he can neuer prooue them to be onlie causes of that dispensation for that the law rehearseth diuerse other causes of dispensations in generall and they are gathered by the glosse vpon that verie canon which in this section he alledgeth A dispensation is granted saith the * Gl. in verb. vt plerisque in fine 1. q. c. requiritis glosse when necessitie or vtilitie requireth Infra eo tali Also sometimes a dispensation is granted bicause a greter euill is feared in which respect the Englishmen were dispensed with 35. q. 3c quaedam lex § quod scripsi Also sometimes for some good to insue as when we dispense with heretikes that other may more easilie returne to the church 23. q. 4. c. ipsapietas Also sometimes for the multitude and for auoiding of offense c. vt constitueretur 50. dist And the same canon rehearseth other considerations and inducements to dispense as mercie pietie in the person the circumstance of time and the euent of the matter Insomuch * that another glosse dooth thus gather When as Gl. in verb. causae c. exigun◠1. q. 7. rigor and extremitie is of one part and mercie of the other the iudge ought rather to follow mercie c. 2. Extra de sortileg l. placuit C. de iudic So that it seemeth a dispensation is a due bicause the precept of mercie is common to all c. non satis 86. dist Which I grant that indeed sometimes it is due the iudge should offend which in that case would not dispense though no law be set downe wherby we may demand a dispensation But bicause both schoolemen and some few lawyers who handle this matter doo varie diuerslie one from another and confusedlie speake concerning the causes of dispensations I doo take it woorth the labor vpon due weieng of all their reasons and allegations to reduce them thus brieflie to an harmonie In Dispensations of méere Grace and fauor which are such as the prince may lawfullie gratifie one man in and denie vnto another as are indenizations legitimations pardoning or remitting the penalties for faults not verie heinous there is not anie a L. 1. ff d◠constit princip it Authent quibus mod natur efficiātur legit quibus modis sui C. de sententiā passis necessitie either in court of conscience or in the ciuill court of man to the dispenser or dispensed that they should proceed vpon anie cause more than of méere bountie of the souereigne prince who onelie hath this authoritie seeing it is to be intended that the people and lawes of euery countrie in these and other small matters haue yéelded this b Arg. l. scioff de minoribus power vnto their souereigne princes But touching those Dispensations which are called of Iustice they are conuersant either about the law of God and nature or about the positiue law of man In the lawes of God and nature there is no relaxation of the bond of them which none but God himselfe may doo yet there may be vpon good grounds a declaration and interpretation that the generalitie of the words doo not in deed extend to some especiall cases As although Gods law doo indefinitelie require credit to be giuen to two witnesses yet is this generalitie by mans law rightlie declared not to haue c c. relatum 1. c. cum esses Ext. de testamentis §. 1. instit d. it place where such two witnesses are but children and haue not atteined the yeares of diseretion to accept of an oth By the law of God it is commanded that he that killeth should himselfe be done to death yet d L. v. vim ff de iust iure ibi gl DD. is this truelie interpreted not to haue place where a man killeth in his owne necessarie defense Yea not onelie in the defense of his person is this thought not vnlawfull but e Iason in d. l. qui dicit eā esse comet Diaz reg 597. also in the defense of his goods although f Felni c. 2. Ext. de homicidio some other not so truelie doo hold in this case the contrarie The generall commandement
his forces were nothing but a volée of colubrines puffed and hissed off with serpentine powder of a spitefull toong fitter to scare children than to atchiue anie such enterprise Where vpon this neuerthelesse may be gathered that he imagineth there is cause whie it should be thought that the statutes of the realme are more loose in permitting pluralities which he so detesteth than the verie canon law it selfe He answereth this point of our statutes which establisheth dispensations with a wish and a praier That these lawes might be respected and that the law of England might rule an English man in this case Pag. 126 But whie dooth he then inforce as afore that they must receiue interpretation and addition from the common ecclesiasticall law And whie dooth he seeke to deface them as Inconstancie vngodlie contrarie to nature and permitting things vnlawfull Whereby he would steale awaie The clappers of these bels that they should not sound and would vntie their bands which should tie him and others more short vp to the obseruation and due estimation of them For if there be anie lawes that doo not Sound or bind they are such especiallie as he his clients not onlie dailie breake but doo gnaw vpon in their conuenticles and barke at in their publike speeches And here this wrangler confesseth in discourse which he denieth in the title of his treatise that some Dispensations are tollerable for qualified men in cases of necessitie of conueniencie for the honor of hir Highnesse person and being warranted by scripture Touching the first of these the statute in truth restraineth it to dispensations vnto the princes person in cases vnwoont but not contrarie to the law of God Concerning the second the words of the statute Are necessarie c vpon due examinations of the causes and qualities of the persons which after is left in some part to the Archbishops discretion The Falsificatiō third is more wressed than the former for the words are thus Not contrarie or repugnant to the holie scriptures and lawes of God In stéed whereof he saith they must be warranted by them Whereas in truth manie things be not contrarie nor repugnant to Gods word which are not positiuelie and expresselie warranted there otherwise than that nothing is to the contrarie And no lesse than the former is that vntrue and contrarie to the statute where in saieng that the Archbishop may dispense if he will in some cases not contrarie to the word he would insinuate that he needeth not at any time ercept he list And these things thus by him corrupted he dooth before he come to his breefe reasons recapitulate as falselie almost as he had done before The Minor of his first syllogisme of the three being vnture and to be denied wherein he assumeth the Hauing of manie benefices or non residencie to be repugnant to the lawes of God though he haue not named non residencie afore he telleth vs if we may beléeue him that he hath alreadie prooued By infallible conclusions of law and vndoubted truthes of the word of God Yet his lawes alledged doo not once mention repugnancie with the word and scripture Pag. 121 And out of scripture to this purpose he hath alledged none but one place out of the first to the Corinthians that ministers ought to haue maintenance But he inforceth this matter by this argument as I doo gather it Whatsoeuer cause or matter is repugnant to the word of God is by statute vndispensable The cause or matter of hauing manie benefices is repugnant to the word of God namelie ambition pride couetousnes perill of soules c Therefore the cause or matter of hauing manie benefices is by statute vndispensable First to speake to the matter hereof the Minor is vntrue bicause the sufficient maintenance of the minister and the enioieng of a preacher rather than none are the immediate impulsiue causes of permission to enioy mo benefices But if pluralitie should be an efficient cause of ambition pride couetousnes perill of soules c which it cannot be otherwise than Per accidens by indirect occasion then are these vices effects of it and not they causes thereof as here is auowched But if we should admit these crimes to be causes of hauing mo benefices then would I grant his conclusion that the Archbishop may not dispense with those enormities whereof neuerthelesse will not follow but that he might this notwithstanding dispense with hauing of mo benefices being but the effect as he supposeth To the A fallacie of equiuocatiō sorme I answer that it is Paralogisticall 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vpon the diuersitie of signification of the word Cause which in his Maior and the statute is taken for the matter it selfe to be dispensed with so it be not repugnant to Gods word but in the Minor of this argument it is taken by relation to the effect of that matter which is to be dispensed with for the verie reason of the prohibition it selfe In his second syllogisme I haue shewed afore out of the statute that the Maior is by him fained For neither is any mention made of Peace or conseruation neither is The wealth and profit of the realme spoken of there in all dispensations absolutelie but in cases vnwoont and vnto the person of the prince And yet his Minor proposition thereof is also vnsufficientlie vpholden For the enioieng of two benefices is as far off from making vp such follie and wealthie prelats as they doo seeme onelie vnto the left enuious eie of this Detractor as this assertion is from the truth that Hereby stipendarie curats and poore ministers are kept in beggerie For it may be their allowance is according to the measure of their sufficiencie and it is verie small indeed if it be not more than he himselfe thinketh them worthie of who holdeth most of such curats for no ministers at all neither in fact nor lawe But if it were granted that some such as are too meanlie prouided for might be placed in some seuerall benefices that are enioied by another dooth he thinke that the releeuing of him hereby will ease the common-wealth or profit the church as much as the abridging of sufficient maintenance will decaie both the number and abilities of our best grounded and most learned diuines who are onelie fit to impugne the errours and heresies of poperie and of other sects His second reason of proportion drawne from diuerse other mysteries and trades forbidden to be exercised by one rich and mightie man to the intent to prooue that a damage groweth to the common-wealth by one mans enioieng of two poore benefices which can be accounted indeed but one trade if it be a sound reason of iustice and equitie as it is pretended it will not onelie inferre that a seuerall gift and facultie of learning is required for euerie seuerall congregation as the cunning in seuerall trades is different but also must inforce an vnlawfulnesse in all sorts of men to
inioy seuerall lordships or any inequalitie of possessions and substance whatsoeuer bicause manie of The poorer sort might liue of such possessions in one mans hand well and honestlie in the common-wealth which is a bitter roote of the wéed of Anabaptisticall equalitie and communitie The last reason which he bringeth for proofe of his second Minor is taken from the conueniencie of fulfilling the deads wils and testaments as though all foundations and dotations of churches had béene by last wils and testaments onelie established and as though they had especiallie regarded by their said wils the seruing of those churches by pastors continuallie resiant and not hauing anie liuing elsewhere But I praie you how was it lawfull for the latter men to alter the wils of the former founders by making new distinctions of parishes and allotments of liuings if other parishes and liuings were established before as he absurdlie seemeth to fansie euen by God himselfe And why should he be so carefull for the fulfilling of their wils who for the most part in time of ignorance in regard onelie of massing for their soules rather than for teaching of the people and vpon opinion of meriting heauen thereby did erect and endow churches perhaps with some little glebe though the chiefest benefit doo arise by tythes Seeing he is of opinion that a matter grounded vpon anie cause or reason is of like nature and His reason retorted vpon himselfe condition with the reason it selfe so that if the cause and reason wherevpon they grounded their building and endowment of churches be impious then euen the things themselues shall be stained with like impietie and not woorthie thus to be tendered by him But this his supposall is in deed a verie weake and slender coniecture not worth the name of a presumption and meerelie consisting in fact without proofe And it might be better gathered seeing pluralities within these last six hundred yéeres in compasse of which time most churches haue béene built were verie rife as may appeare by lawes especifieng multitudes of benefices incroched and reteined without all licence or toleration that patrones of churches could not be ignorant thereof and therefore meant to prouide for no such matter which otherwise they would haue expressed and met with either in dotation composition or by testament And hee might with more colour vse this reason euen against the iust dissolution of religious houses being directlie and expreslie contrarie to the mind of the founders yet with no better authoritie warranted than dispensations for pluralities both of them euen by act of parlement And therefore as the three seuerall Minor propositions of these his last syllogismes built vpon these vnsure and feeble grounds for the proofe of the Minor in his second syllogisme afore are to be denied so are the verie Maior propositions all thrée brought as grounds to build the other vpon as weake themselues as these which should be vnderpropped by them For the great riches of some few is no small occasion why some other doo want which might haue more plentie if all the wealth of the richest in the land were distributed abroad in the world and yet are they necessarie for the profit and conseruation of the common-weale which consisteth by inequalities as the wise doo know which may serue also for answer of his second Maior although he which by especiall priuilege hath some two liuings assigned vnto him can not properlie be said to enioy manie mens liuings or any more than that which is his owne by law The like is to be affirmed of the dispositions in last wils and testaments as though whatsoeuer did preiudice them being made to lawfull and holie vses could not be accompted necessarie to the welth and profit of the realme For if a man would deuise and bequeath to neuer so lawfull and holie vses his lands holden In capite in chiualrie or entailed or another mans lands or goods which course is allowed of by the ciuill law yet is it thought necessarie in law for the wealth and profit of this land that in some part the one and that the other should wholie be encountered So dooth the ciuill lawe disannull and reuerse a testament contriued neuer so solemnelie or to how good and godlie vses soeuer if the testators sonne be omitted or be without iust cause disinherited in it or if a some be borne within ten moneths after his death of the bodie of his wife Thus hauing as shortlie as I could run ouer his reasoning it resteth to shew that by the statute law of this land which is the iudgement of the whole church common-weale representatiuelie dispensations for pluralities are lawfull First the * 21. H 8. ca. 13. statute 21. Hen. 8. saith that men so qualified as is there prescribed may take and receiue two benefices with cure of soule by dispensation and therfore it cannot be vnlawfull But if it be answered as the Abstractor goeth about to doo that all * 25. H. 8. ca. 21. dispensations are by a later statute restrained sauing such as be not contrarie or repugnant to the scriptures intending withall this kind of dispensation to be vngodlie and against the word of God this may be refelled easilie by the preamble of the said latter statute where it is affirmed To stand with naturall equitie and good reason in all and euerie lawes humane made within this realme or induced by custome that the parlement should haue authoritie not onlie to dispense but also to authorize some elect person or persons to dispense with those all other humane lawes of this realme and with euerie one of them as the qualities of the persons and matter shall require Now the iudgment of the parlement is that the lawes prohibiting one man to inioy mo benefices are but humane agréeablie vnto that which to this end I haue set downe but namelie in the glosse last before alledged and therefore that it may be dispensed with it is hereby verie euident in that this latter statute calleth all these dispensations so authorized An ordinance by policies necessarie and conuenient and dooth againe establish the act for dispensations in these words That the same act for pluralities non residencies of benefices euerie thing therin conteined shall stand good and effectuall to all intents which they could not without manifest contrarietie newly strengthen if these prohibitions of mo benefices were not by humane law onelie but had béene prohibited also by the law of God himselfe 15. Sect. Pag. 135 136 137 138 139 140. THE Minor proposition of the third syllogisme pag. 133. that It is not for the honor and suertie of hir Highnes person to leaue any maner of authoritie for the Archbishop to dispense he goeth about to prooue bicause the statute conteineth A contrarietie and absurditie And before he come thus farre he affirmeth that this is To set an English Archbishop in the roome of the pope ouer the king and his subiects and to
respect him more than the dignitie and preeminence of a christian king As though that which was giuen by parlement were vsurped or he that claimeth it not as inuested or incident vnto him by anie right but as a trust recommended vnto him by the whole realme whose minister he is in this respect could be iustlie said to haue preeminence aboue the king For the Abstractor might as well gather that the Lord Chancellor hauing manie great and weightie matters of confidence and trust by parlement and the common law laid vpon him as namelie Vpon complaint made that the Archbishop refuseth to grant dispensation to any person that of a good iust and reasonable cause ought to haue the same to direct a writ inioining him vpon a certeine paine by his discretiō to be limited to grant might therefore be said to haue preeminence hereby ouer the Archbishop and consequentlie by his collection ouer the Queenes Highnesse But before I come to the examination of the proofes of his Minor I must put him in mind that his Maior is vntrue For neither is the statute prohibitorie of all dispensations Corrupt collectio◠of the statute not Conuenient for the honor suertie of hir Highnesse neither yet as hath beene afore shewed doo those words reach anie further than to dispensations in vnaccustomed cases for the princes owne person The Absurditie and contrarietie he saith is first in this point bicause The Archbishop is authorized to grant dispensation vnto the prince in such cases as haue bene accustomed to be granted at the See of Rome whereas the pope was neuer anie lawfull magistrate in the church of God and therefore euerie dispensation granted by him was against the law of God as granted by one that was no member of the church of God Trulie my wits be passing dull which can not perceiue how these doo hang togither Might he not haue beene a member though he were not head of the church Or dispense with some humane law without breach of Gods law Or might it not be that dispensations were accustomablie granted by him though he were not head of the church Or might it not be that dispensations were accustomablie granted by him though he were not a lawfull magistrate or dispenser Or may not the Archbishop by lawfull authoritie committed vnto him dispense in such humane lawes as hath beene accustomed though the pope were an vsurper herein Or lastlie if all these were admitted dooth it here vpon follow that there is a contrarietie and absurditie in the statute Assuredlie he had néed to be a kind and tender-harted man that will yeeld himselfe to be ouercome with such reasons His second reason for proofe of the contrarietie is to this effect Dispensations for vsurie periurie incest adulterie c were accustomablie granted at the Sée of Rome But dispensations for such crimes are against the word of God Therfore such dispensations as were accustomablie granted at the Sée of Rome were contrarie to the word of God Which is a verie childish Ignorance of the elench concluding of meere particulars and therfore neither in mood nor figure of argument For although some were such that were there granted yet it dooth not follow that all dispensations from thence were of like nature but the Archbishop by authoritie of that statute may dispense with none but such as be not against the word of God But here the Abstractor hath ioined with such as vndoubtedlie are against the word of God Non residencie and manie benefices The latter whereof is the matter in controuersie whereby this is Petitio principij and the first can not be dispensed with during life for that the * 1. H. 8. c. 13. statute maketh such dispensations void subiecteth the partie vsing them to a grieuous penaltie But where he maketh Not eating flesh in Lent to be a matter repugnant to the law of God whereby he inferreth such dispensation to be vnlawfull he must needs confesse that he was in his fit and knew not what he said for if to absteine from flesh in Lent vpon cōmandement and by positiue and politike ordinance be as he saith Superstitious and a matter repugnant to the law of God then as it séemeth should a dispensation to doo it which restoreth the former libertie of eating flesh be more agréeable to Gods word and the more meet to be vsed But neither eating nor yet not eating of flesh at anie time is of the law of God Quia esca nos non commendat Deo neque regnum Dei est in cibo potu nihil quod intrat in os coinquinat hominem so that to dispense herewith either to eat or not to eat can not be vnlawfull And that this obseruation of fishdaies is but a politike constitution it is * 5. Eliz. c. 5. explaned elsewhere by act of parlement whereby also he and others which shall affirme otherwise of the intent of the prohibition to eat flesh on certeine daies are to be punished as spreaders of false newes But at the last he stumbleth vpon the right interpretation that the Archbishop ordinarilie is but to dispense with matters accustomed to be dispensed with at the See of Rome and not then simplie but onelie so farre forth as they were not contrarie or repugnant to the word of God Whereby he straight inferreth besides those which are afore spoken vnto that he is not hereby Intituled to dispense for simonie Non residencie mariages in Lent c bicause those are matters he saith repugnant to the law of God Touching simonie it can not be denied but it is a greeuous fault yet forbidden by the positiue law of man onelie albeit Canonists for the most part haue deriued it from the offense of Simon Magus and hath his grounds and reasons verie weightilie deduced from the law of God and the light of nature Notwithstanding our author hath almost wholie qualified and dispensed with it as much as he could with little honestie in his first treatise namelie By right of couenants by the well liking of the people by a good fire in the hall once in a yeare and by a slyuer of bread at the patrons doore But if Non residencie be against the law of God absolutelie and directlie and not by euent and consequence onelie then must it be against some of the ten commandemeuts and thereby will it follow that as vpon none occasion anie of them may be transgressed so will it be sinfull for a man vpon anie cause whatsoeuer at anie time to be awaie from his benefice though it were but an houre no more than a man may kill for an houres space Lastlie where he affirmeth Marriages in Lent to be repugnant to Gods law and therfore not dispensable except he will acknowledge that he was in his melancholike mood in a little house hard beside himselfe he may happen for this saieng to be grauelie censured by the eldership where he hanteth But if the prohibition of marriage for some
maiestie of a ruler to acknowledge himselfe as cheefe tied vnto lawes Whereas neuerthelesse the emperors speaking else-where in the same law doo saie thus of themselues Although * Seuerus Anthoninus §. vlt. instit quibus modis testa infirmentur l. princeps ff de legibus we are not bound by lawes yet we liue according to them So that by the law which he alledgeth the verie contrarie vnto his position might seeme to be gathered bicause if the person of the prince be tied by the bond of the positiue lawe then should a dispensation be as requisite sometimes for him as for any other which in like maner is tied and bound vnto it Some doo reconcile these lawes thus That a souereigne prince is therefore not said to be bound by lawes bicause he may abrogate them at his pleasure Other saie that he is tied onelie to the law of nature and of nations but not to positiue lawes A third sort doo hold with good probabilitie that he is bound to positiue lawes according to their force Directiue but not Correctiue to be directed by them so farre as may concerne him but not to be corrected of them neither yet that of necessitie he is to be directed by them but of congruencie and conueniencie onlie according * Claudianus de 4. consulaâ—u Honorij to that In commune iubes si quid censésue tenendum Primus iussa subi tunc obseruantior aequi Fit populus nec ferre negat quum viderit ipsum Censorem parere sibi componitur orbis Regis ad exemplum And so is the king of * 5. E. 4. 32. 39. H. 6. 39. England also tied to some positiue lawes according to the iudgement of the iustices Yea it is in this respect honourable to the prince to suffer himselfe to be directed by godlie ecclesiasticall lawes not impugning his prerogatiue except good cause may be alledged of relaxation And therefore the Dishonour and danger to hir Highnesse which in the Minor he assumeth we are easilie deliuered of till he can shew better cards for it And where he extendeth this reason of Dishonour to infringe all dispensations granted likewise to subiects he is not so well aduised as he might be For seeing it is necessarie vpon sundrie weightie occasions that immunities and dispensations for * Preamble of the statute 25. Hen. 8. ca. 21. humane lawes be granted to some aboue other and the ambiguities of Gods law and of the law of nature in some cases to be declared and interpreted it were more dishonorable to hir Maiestie to attend these meaner matters from time to time in hir owne person than it can be in the woorst construction to put them ouer to some of hir subiects And as it cannot be conuenient for hir Highnes to attend in person the execution hereof so hir royall dignitie is no waie impeached by yeelding this authoritie to the Archbishop who must where cause requireth performe this dutie but as a minister herein to hir Maiestie and the state and who cannot dispense as he list but with confirmation vnder the great seale of England as the statute dooth limit Yet he importuneth hir Maiestie still by telling hir what hir Highnesse most noble father would haue done if he had Vnderstood so much as the Abstractor dooth not onelie to take dispensations awaie from the Archbishop but belike in regard of them to take him awaie also as he did An Abbat a match truelie and comparison as vnlike as if we should compare the Abstractor to an honest modest man And for this end he exhorteth hir Maiestie to Submit hir selfe to the scepter of Gods word as though she had not done it hitherto But he and all the knot of them by these spéeches doo indeed vnderstand the submission licking of the dust of their Seniorie and Eldership which is neither dishonourable for sooth nor so dangerous to hir Highnesse as is the committing ouerof dispensing in causes requisite vnto the Archbishop bicause they amongst them haue so concluded that it shall be touching the perill To hir Maiesties honor and safetie which groweth By the Archbishops dispensing in matters repugnant to the holie scriptures vpon a corrupt construction a sinister iudgement and not right discerning what things be repugnant to scripture it shall easilie be yeelded vnto that it is neither for hir Maiesties honour nor safetie to suffer the lawes of God to be broken albeit those words of the statute as haue béene shewed doo not extend vnto all dispensations by vertue thereof to be granted But first he and his complices must beat their sconses a while to teach the Archbishop how he ought aright to construe to iudge and to discerne the scriptures where vnto as he saith his dispensations are repugnant belike according to some anagogicall tropologicall or cabalisticall sense of their owne deuise wherof they haue perhaps dreamed Yea and all this adoo which he maketh about dispensations to the princes person is vnseasonable and impertinent wholie to the matter in hand concerning the validitie or inualiditie in law of dispensations for pluralities and therefore might with better prouision to his owne credit haue béene spared 16. Section Pag. 140 141 142. 143 144 145. THe Abstractor which thinketh he hath found Absurditie in the Statute goeth on still in his owne absurd dealing purposing to shew as well by statute as by the Canon law certeine adiuncts necessarilie to be obserued in these dispensations which he in this whole treatise laboureth to prooue by both the said lawes to be vnlawfull Which course must néeds séeme to wise men a strange peece of worke that those lawes which doo condemne them should so exactlie describe their properties and circumstances in what maner with what care and to what kind of persons they ought to be granted And first of all he here woundeth the smoke verie deepelie and fighteth valiantlie with his owne shadow in that he would prooue Pouertie to be no sufficient cause of dispensation and that euerie one dispensed with alreadie for pluralitie can not iustlie be reputed for a poore man neither of which I did euer heare by anie man hitherto to haue béene mainteined But in going ouer his proofes hereof I must put him in mind that Rebuff his first witnes hereto produced though he allow not of pouertie for a sufficient cause of it selfe yet he insinuateth thus much that being ioined with worthinesse it is adminiculant as we call it and that it addeth weight to desert for procuring of a dispensation For in deed as it is reason that a man worthie and able to profit the church should haue sufficient maintenance though it be by mo benefices than one for supplie of his necessitie and towards hospitalitie so if he be of sufficient patrimonie otherwise though he be neuer so worthie and his ecclesiasticall liuing be euen vnder a mediocritie then there is lesse cause a great deale why he should looke for another And againe the same
author by him vouched dooth directlie decide that A dispensation tending to the profit of the church or vpon necessitie is lawfull And therefore by his owne witnesse which in law he can not refuse the scope drift of his whole treatise is againe ouerthrowne And where he addeth that he which hath taken a small liuing may not in anie case séeke to augment it if his bare words did make law then surelie ecclesiasticall liuings which be but small would hardlie be furnished Yea the reasons which to this end he bringeth are as trulie verified of anie temporall liuing as of ecclesiasticall But what if both the sufficiencie of the ministers gifts by his owne inbustrie and by the blessing of God doo notablie increase and his congregation also be multiplied more and more in people or if his domesticall charge arise by number of children or by their sickenes may he not seeke some augmentation of his liuing Truelie this deuise ioined with that which followeth of driuing ministers to furnish the wants of their maintenance by Some handie craft and labour is an open window to draw them from studie and so to ignorance barbarisme sauage wildnesse contempt with all men and finallie it leuelleth directlie at the ouerthrow of all religion The first place which to this end he quoteth dooth not speake to that purpose whervnto it seemeth to be brought but * 32. q. 5. c. horrendus that Whatsoeuer hath once pleased a man ought not anie more to displease him Now he that hauing too small a liuing to mainteine him seeketh a further supplie by another dooth it not vpon anie mislike of the former And therefore it might better haue beene applied to infer that a man may not of his owne head relinquish his benefice yea it is not generall without his limitations but is speciallie to be vnderstood where by variance in liking a preiudice to another man may rise Which inconuenience if it be met with by the iudgment of the Ordinarie whom the law authoriseth to iudge of the exigence of the cause fit for relinquishment of his former liuing then that rule dooth cease For else should all translations and shiftings froÌ„ one congregation to another vpon sufficient ground both allowed by law and practise of most reformed churches be vtterlie vnlawfull The next being crosse quoted with the former and * c. sanctoruÌ„ 70. dist which he saith is Law in truth dooth varie in verie deed from the canon it selfe which hath nothing tending that waie either of Preiudice growen vnto him that hath receiued a small benefice or of seeking his liuing by his owne craft but onlie thus In what church soeuer a man is intituled vnto in that let him perpetuallie remaine Not as though a man might not vpon some occasion renounce and resigne his benefice into his Ordinaries hands but that he hath it by institution for terme of his life and therefore may not be put out of it against his will without sufficient cause therevnto as may appeare by the glosse That * 21. q. 1. c. 1. part of the next place which requireth a mans continuing in his owne vocation dooth not touch anie thing now in controuersie séeing he which hath two benefices dooth not giue ouer his vocation As to the other part séeming to counsell a poore clerke to labour with his hands for the better supplie of his maintenance by the example of the apostle it séemeth to me not to be spoken of the priests and ministers in chiefe cities but of clearks in inferior orders and degrees whose attendance in such great churches was then in great numbers practised Yet the * Gl. ibid. in verbo necessitatem in â—ine glosse answereth it that Those things were in vse in those daies but not now wherein God had dealt more liberallie with the church and that those things are to be considered according to the qualitie of the person and site of the church seeing that which is sufficient for one is not for another and the custome of the countrie is herein to be obserued And mine interpretation is strengthened by the conference of two or three chapters togither of that distinction which he alledgeth in which a manifest diuersitie may be obserued Inter presbyterum clericum a priest and an inferior clearke For the * c. Presbyter c. Clericus 1. 2. dist 91. priest or minister hath in those canons his taske for the whole daie so limited forth that it will not be possible for him to haue time besides to earne salt to his potage by his handie worke Yea the verie glosse * Gl. in ver minus c. â—i proponente Ext. de rescript per c. de monachiâ— infra de Prebendis whence he borrowed all this furniture at one clap dooth tell him that this course is changed sithence if it had pleased him to haue looked a little lower But saith the glosse a man is not to be instituted except so much be assigned whereby he may be sufficientlie prouided for and be able to paie the duties to the Bishop And by the way the same glosse sheweth that pouertie is some part of a reason whervpon to ground a dispensation for pluralitie though not an entier cause The example of S. Paule may be answered that it is not appliable to these times Bicause the gifts of the Holie-ghost for the furnishing of the worke of the ministerie are not miraculouslie now bestowed as they were then but by the industrie painefull studie and indeuour of the partie Therefore if we should set him to a manuall occupation to gaine some part of his liuing by on the working daies assuredly his mind would be clogged his spirits so dull wearied his inuention so mechanicall and deuoid of pith on the holie-daies that it were as good to kéepe him at hedging and diching or vpon his shopboord still as to put the poore man any more into the pulpit And hereby it will come to passe that if we haue now too manie vnlearned men in the ministerie with whom the Abstractor is so round in his first treatise by this deuise of his we shall haue in short time none else but verie dolts and idiots except he can imagine that men comming from the Uniuersities will be content to be preferred from being Scholers to be scauengers â—roÌ„ Sophisters to be shoomakers from Bachelers to be bakers from Maisters of art other Graduats to be millers or grinders and yet to continue the ministerie still Much like to the contemptuous surmise of Lucian that Alexander the great is preferred to sit on a thrée-footed stoole behind a doore in hell cobling and clowting of old shooes Naie though S. Paule was content in that infancie of the church for auoiding of grudging murmuring to earne some part of his liuing by tent-making that he might thereby spare the churches more and the rather thereby to allure them to liking of that which was not chargeable vnto them yet in sundrie
places it is not obscurelie signified that both he might haue exacted his entier maintenance of them that they in dutie were bound to procure him in all necessarie worldlie reliefe Furthermore we Inconstancie are to note that he which could find but two causes of dispensations before hath now light vpon two more He alledgeth also to prooue that Pouertie is no sufficient cause of dispensation the saieng of the apostle applied by the law that A man hauing food and raiment ought to be ther with content Wherevnto if he will assume that those who purchase dispensations for mo benefices haue these things afore wherwith therfore they ought to hold themselues content then will it being scripture and not spoken of ecclesiasticall men alone but of all whomsoeuer as well serue to prooue that no man may séeke be the meanes neuer so honest the bettering of that his estate wherein he is at the verie first settled And yet is it not meant of anie food how little or anie apparell how meane soeuer but of a sufficiencie in both according to the calling and degrée of the person and is but set downe to meet with the couetous vnmeasurable and distrustfull desire of riches which when we haue atteined them in highest measure can yeeld none other necessarie vse at all but that which tendeth either to the one or the other Now he going on this course saith that he which knowing the smalnesse of a liuing hath vndertaken it hath therby debarred himselfe of all iust cause to forethinke him séeing it was his owne follie to prouide at the first no better for himselfe Which he prooueth by no other ground but that which hath beene answered before And if none of this will serue yet will he by examples of two men shew that no pluralitie-man wanteth liuing or may pretend anie necessitie but so childishlic ridiculouslie that I am faine euen to blush in his behalfe For when a man hath alreadie a pluralitie of benefices as he surmiseth though they may be such as be farre from a competencie The Abstractor his foolish malicious mirth of liuing then there is no likelihood that he would desire that which he hath or more which can not be had or yet alledge or pretend want when it is as far supplied as law dooth yeeld But if these two whosoeuer with whom he thus plaieth vpon enuie no doubt to the great gifts of God in them and malice to their persons neither iustlie can nor yet will pretend anie want of liuing but will humblie and thankfullie acknowledge in modestie that God hath dealt verie mercifullie with them aboue manie of their bretheren dooth it hereof follow that none other hauing but one benefice can iustlie pretend insufficiencie of maintenance whereby he may be induced by ordinarie meanes to procure an increase thereof O shallow and barren pate or else brasen forehead which dare thrust out into this learned age such doltish yet malicious fooleries But we may sée by his dealing here that there is more lustie spirits in this man than are leapes in a beare 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Now therefore to answer his mild question in the like key may a melancholike mate a shifting corner-creeper who in corporat townes where he commeth is of all spices most afraid of mace whose credit is so cracked that euerie man will be as readie to giue him trust vpon the paring of his nailes or pawning of an old razor as vpon his single bond whose learning in law is not woorth a liard whose reasoning is rude whose modestie is not woorth a mite may I saie such a sonne of the earth with toleration of good men in an infamous libell renew the practise of the old comedie and plaie both foole and vice himself cynicallie to nip such men as is thought he dooth in this plaie in comparison of whom he is in all respects but riffe raffe and as base as a verie dishclout If he be such as I haue described who hath doone them this iniurie then doo I bowle at him would hit him full patch But if there be none such then I doo onlie aske the question and put the case But whosoeuer they be that will speake and write which they ought not let them be assured that in the necessarie defense of the good and learned whom they thus maliciouslie doo traduce they shall heare that which they would not nor yet happilie looke for But their iniustice which he exclaimeth of and will as he saith Descrie and discouer by law he had need for the couering of his owne shame and his corrupt or loose dealing to decrie and call backe againe For the verie * Gl. in verb. tenues c. ean◠te Ext. de etate qual glosse vpon the place which belike made him vnwilling to quote it dooth bewraie his packing and fond collection as though there were no cause of reteining mo benefices but when they are verie small whereas that verie glosse gathereth in a verse other causes also which I haue touched afore Paupertas pendens defectus gratia seruans Ecclesias retinere duas dat quodlibet horum And bicause he saw that this ouerthrew his former deuise whereby he affirmed that a man hauing once made choise of a benefice be it great or small might not séeke anie augmentation therefore as a pope which is fained to haue all lawes and interpretations In scrinio pectoris he taketh vpon him to declare that this lawfull inioieng of two small benefices is to be vnderstood onlie when as the one of them being a competent liuing at his entrance is by some casualtie afterwards impouerished euen cleane contrarie to the circumstance of the place and so by his owne bold surmise he dareth to distinguish against law where the law maketh no such distinction Which like dexteritie also dooth he handle that matter where it may iustlie be said that churches are to the effect afore mentioned small in reuenue For * 10. q. 3. 6. vnio the canon which he hath wrong quoted dooth not once mention smalnesse in reuenue which he would haue vs beléeue that it goeth about to define but onlie a politike direction is there set downe in a councell according to the vse of those times for Bishops to looke vnto in vniting of parishes which were meet to be gouerned by one priest Ecclesia quae vsque ad decem habuit mancipia super se habeat sacerdotem quae verò minùs alijs coniungatur ecclesijs That church which at the least had ten seruants or bondmen let it haue a priest ouer it and that which hath lesse let it be ioined vnto other churches That which this canon setteth downe for an estimat of some sufficiencie of reuenue by the bondment belonging to the propertie of the church the Abstractor ignorantlie and vntrulie dooth transtate Corrupt ignorant translations Housholds and would hereby gather wheresoeuer ten housholds be that there the ministers maintenance
plentifull storehouse of law wherewith by long and painefull studie no doubt he is furnished hath at the length with much trauell and greeuous throws brought into the world such a litter of lawes as the Archbishop could not haue had with so apt applications at the best Ciuilians mouth about the arches for a thousand pound But if he meant onlie to informe aforehand those which shall sit vpon the Commission which he mindeth to purchase forth how they may trip the Archbishop for breach of these lawes which yet For the most part heretofore were vnknowne and vnpractised then it were requisite he should yer he leape looke whether his Rapsodies and Summaries haue not deceiued him and whether his collections vpon them were not something too hastilie ripe for to last out anie long time That a Gl. extra vag execra bilis de praeb ver vltimo which he quoteth in the first place though it be true that a knowledge of the cause must be had conteineth no such matter at all that Priuileges be preiudiciall is neither generallie true nor yet prooued and confirmed by anie of the lawes which he alledgeth But that those things which doo bréed preiudice are to be handled with full knowledge taken of the matter which he translateth vnskilfully Decision of the cause are the words of the summarie of that law and b Summa l. de etate ff de minoribus not so full in the verie law it selfe And yet by the word Preiudice there vsed a damage or detriment as it signifieth in our common speech is not meant but a foreiudging of one thing implied by another albeit that other meaning giuen by me else-where to the same place may be also safelie admitted That of the c Gl. in ver certa ratione c. sane Ext. de priuileg per c. petisti 7. q. 1. consideration of the reason and deliberation to be had in granting a priuilege are the words of the glosse and not of the text gathered by the like example of that canon by him quoted Potuisti in steed of Petisti The other is too strange a quotation for me to coniecture what should be meant by it or where it may be heard of The next likewise to these is such a § quoted without law as I can not find in the title whither he directeth me That d Linuito ff de regulis iâ—ris following is not Inuito non debet conferri beneficium but Non datur a benefit is not bestowed of a man which is vnwilling to receiue it The place out of the e c. licet Aeli Ext. de simon decretals hath no such matter as he ascribeth to it but conteineth a good example of it whereof by waie of argument that may be drawne And that f Summar l. fin C de fidei com libertatibus out of the Code is the summarie onelie gathered of that law which is quoted but he shall neuer prooue good lawyer Qui sapit tantùm ex summarijs as one truelie saith And these be his proofes of the two first heads which he hath as slenderlie you sée prooued as it was in truth superfluous to stand vpon such points which beeing truelie vnderstood none will denie Yet if either the looking into the cause or petition of the partie should be omitted there is no one word here so much as cast out that in such respect the dispensation should be void But I do coniecture that of the Petition of the partie is brought in by him against the vsuall clause Ex mero vel proprio motu though he doo not plainelie expresse so much If it be so then truelie he sheweth his ignorance greatlie therein for a man may be said to grant of his owne proper or meere motion although the partie made petition when * Bald. in c. nisi Ext. de off legat Dec. cons 51. pro tenui Câ—â—t sen coÌ„sil 66. Paris in c. accedentes Ext. de preser Cagnol in l. qui cum aliâ— ff de reg iuris as he is not mooued to grant onlie bicause the other desired it but of a willingnesse also and bountie in himselfe But how the Abstractor should vpon these spéeches ground which he was bungling about once before euen with a contrarietie to himselfe that no cause may be alledged for obteining of a dispensation Sauing necessitie and vtilitie of the church I can not possiblie deuise except he be inspired with Anaxagoras spirit Per 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by Pythagoricall transanimation who would make Quidlibet ex quolibet euen what you will of anie thing Touching his Syllogisme I am to saie that if in his indefinite Minor assuming Dispensations to be hurtfull and preiudiciall he will speake like a Logician with whom propositions of that quantitie are reputed equiualent with particulars I will grant that some be such But if he speake therein as a lawyer with whom such are correspondent to vniuersall propositions I doo denie it as vntrue Further I obserue that he hath caâ—telouslie changed the words of the glosse speaking of Deliberation and aduisement and whervpon his Maior should be warranted into Consultation as though it were requisite in granting of euerie dispensation to haue a solemne conference of I know not whom or how maâ—â—e to debate the matter And where by supposall he saemeth to deliuer that vpon The consultation a Sentence must be framed to that purpose and thereto * c. sano Exâ— de priuilegijs quoteth a place it dooth no more serue this turne than if he should haue alledged it for proofe that an armie of men ought also to be present As touching the third point I doo yeeld that he which séeketh a dispensation ought not to suggest or conceale any thing outward and in fact whereby it is probable the iudge might be led to denie such dispensation And likewise that an inferior iudge who is tied in dispensations to the ordinarie course of law should not dispense in such cases as he is persuaded the superior who gaue him authoritie would not dispense in The first of the places which to this purpose he bringeth is either by the printer negligentlie or by himselfe so peruerselie quoted that I haue no direction therby to find it The other place speketh not of dispensing but of iudging and decideth that there should lie none appellation A praefecto praetorio being the chéefest officer vnder the Emperor and not much vnlike the L. Chancellor here bicause it was to be beléeued and presumed that he would iudge none otherwise than the prince himselfe would and is not as he alledgeth Non aliter iudicare debet He ought not otherwise to iudge but it is to be beleeued that he will not iudge Now to prooue that the parlement which by act authorized the Archbishop to dispense would not grant a facultie for two benefices though all externall circumstances consisting in fact were in specialtie trulie recounted without concealment of any point
Ordinaries priuitie or where two beneficed persons in good and plaine meaning without allowance of the cause by the Ordinarie doo deale about a change of their benefices or where a man is circumuented by suborned witnesses and depriued for it without remedie of appellation and the ill dealing is detected afterward In which in like cases it is meet that they should be restored to their ministerie and liuing if they be otherwise vnspotted and be profitable to the church And I verelie doo persuade my selfe that hir Maiestie would be loth in such cases to haue them depriued that the might haue the first-fruits of their benefices as the Abstractor dishonorablie would insâ—â—uat Yea and those also are directlie within compasse of that simonie which we call Mentalis of mind onelie which sée well inough what is meant by their patrons but willinglie doo winke and so enthrall themselues by large bonds to their patrones vpon warning prefixed to resigne either to grant a lease for a little to paie or to packe Whom assuredlie I doo so little pitie that I thinke them as vnworthie to obteine a dispensation for dallieng with the law and their owne conscience as those other merchants which bluntlie go to worke agree with their patrone pitch and paie That dispensations for manie benefices which is the last of the three is a decrease of hir Maiesties reuenues he would prooue thus bicause they being hereby in a few mens hands doo not fall void so often as they would doo if euerie seuerall man had a seuerall benefice and thereby hir Highnes first-fruits are not so often paid ouer as they might be For the discussing of which weightie point let vs imagine that a hundred men haue two hundred benefices and on the other side that two hundred men haue two hundred benefices Now can anie man giue a reason why it is not as likelie that ten men of the one hundred shall die in one yeare as twentie of the two hundred seeing it is the same proportion Then I praie you what difference or alteration to hir Highnesse treasure is it whether twentie benefices fall void by the death of ten men or the same number become void by the death of twentie seuerall persons in one yeare So that if hereby there arise no diminution and the taxe for the dispensation be an increase of the reuenues then shall the Abstractors argument Ab vtili be found to be scarse to his owne honestie and credit And if the time of expectance of the auoidance of his benefices which hath two did worke anie diuersitie betwixt the two cases yet were this delaie of time sufficientlie recompensed vnto hir Maiestie by the taxe of dispensation paid to hir cofers Yea if those which haue mo benefices doo fat vp and grease themselues as he afore obiecteth hir Maiestie shall be in great likelihood to haue first-fruits paid ouer for both their benefices much sooner than for him that liueth vpon one more â—rugallie and sparinglie yea and further these times are so quarelsome that by one quirke or other of circumstance about them and their dispensations which haue two benefices more auoidances a great deale doo happen than in such seuerall benefices which are and haue beene inioied for the most part by seuerall men as dailie experience teacheth Now for the better remouing of a scruple which happilie might be obiected by some vnskilfull man against all dispensations priuileges indulgences exemptions pardons and immunities whose effects are either To benefit to exempt to helpe or to release I hope it will not seeme impertinent to speake something For it may be alledged that the office and nature of a law is generallie and in common to ordeine concerning the guiding of the affaires of men as Aristotle teacheth in his Politikes And the law a L. 5. ff de legibus saith that Lawes are to be applied rather to those matters which happen easilie often than to those which chance but seldome And b L. 1. ibid. againe A law is a common commandement where vpon it séemeth that the old lawgiuers among the Romans as holding it vnequall to set downe lawes which were not to reach indifferentlie vnto all in generall did c 12. Tabule decrée thus Priuilegia ne irroganto let no priuileges be granted In which respect a d L. 16. ff de legibus priuilege is described That it is a singular right or law which for some vtilitie by authoritie of the lawmakers established against the tenor of reason Whereby it might séeme that all immunities are vnlawfull But it is to be answered hervnto that the naturall iustice and reason wherby mans mind is directed vnto ciuill societies dooth not alonelie rest in the generalitie of lawes but aduisedlie weieth by the circumstances whether right to all men be well distributed in them whervpon the Graecians called the law vouâ— as it were a distribution So that if anie person vpon something especiallie considerable be not well and iustlie prouided for vnder the common and generall precept of lawe then he is to be respected â—â— a priuate and speciall law wherevpon the name of â—â—â—â—â—lege floweth Quasi priua id est priuata lex as 〈◊〉 Romans vsed to speake For not onelie they but all other nations as they afterwards grew more prudent daie by daie through long experience and vse of things did well perceiue that no law generallie written without all moderation by circumstances occurrent could possiblie but deliuer in stéed of right oftentimes plaine iniurie and tyrannie according to that common prouerbe Omne ius habet annexam gratiam Euerie law hath or ought to haue grace and sauour annexed an * L. respiciendum ff de poenis example also whereof is reported in law and therefore sumum ius est summa iniuria Exact and precise law is great iniurie being once disioined from equitie And therefore those words Against the tenor of reason are not to be vnderstood as though a priuilege were against naturall equitie but bicause it is an abridgement or exception of the generall principles and rules of law which are grounded vpon reason Neither yet so as though it did cléerelie contrarie and impugne the reason of the common and generall law which it onelie dooth in some appearance but being considered vpon other good grounds it is for the most part verie agréeable to reason right and equitie which may be made plaine by this one example It is of common right and equitie For euerie * L. 1. ff de pactis instit de fideiuss in princ man to keepe touch to performe promise and to satiffie the credit giuen him either in his owne or in an others behalfe Yet if we should comprehend children vnder age in the generalitie of this rule who be subiect by reason of their tender yeares and slender discretion to be circumuented and manifoldlie ouer-reached it were a verie vniust and vnequall law And therefore seeing there is such inequalitie betwixt them and men of riper yeares the same rule cannot without iniusties alike perteine vnto them both so that it is méet by some exemption and speciall priuilege that their tender yeares should be considered and prouided for To conclude neither are all priuileges and dispensations against reason or right neither hath the Abstractor sufficientlie prooued any of these particulars of this treatise which here he dooth recapitulate and rehearse but much lesse hath he prooued his principall issue that Dispensations for manie benefices are vnlawfull Which at the closing vp of all for verie shame he was forced a little to change by pretending to haue spoken all this while of Two or mo benefices and not of Manie as the verie title which he hath prefixed to his treatise and his whole discourse therevpon dooth plainelie import FABIVS Foelices essent artes si de illis soli artifices iudicarent FINIS Quorundam vocabulorum semiclausularum recognitio Pag. Lin. Recognitio 6 16 Of 9 31 legatine 45 1 mustered 64 13 euer 64 30 whence 57 36 from other churches 58 24 sound 69 22 where 71 21 hir 73 17 holdeth not when 76 25 yet with this 82 17 seeketh 105 7 deposition 105 23 legatine 110 4 end 111 22 Bishop 117 9 altercation 117 11 matter 121 7 tossing 127 15 deconship 136 16 generallie it is 161 29 for him not to 191 3 or 193 24 vtilitie 196 34 Apostatare 227 19 deodans 228 13 as being 257 13 aboue 295 19 no man taketh this honour 318 31 the dust of the féet of their seniorie Addatur 3. lineâ— termino in pag. 227. istud subsequens Ergo without a dispensation it is not lawfull to enioy mo benefices