Scripture to be given them by God and therefore the King and Parliament may be pleased to abolish both them and their power as King Hen. 8. did abolish Monkes and Friars 26. 40. and 28 The challeng for Lordly primacy out of the great charter answered 28 The study of the civill Law and the professors of it may florish more than now they doe 28 Fees for probate of testaments let to farme 29 Fees dew for execution of functions of the Canon Law disproportionable for a Dâ—ctor of the Civill Law 30 An Act of Parliament for the advancement of the Civill Law is set downe and a forme laid for all proceedings in the Courts in which the Civill Lawyers should be Iudges 32 33 It will advance the honour of the King and the good of his subjects to have matters of tithes and testaments and matrimony reduced by act of Parliament to bee tried by the Iudges of the Common Law 37 Matters of tithes and other causes of light nature pertaine to civill justice 37 The temporall law may easily bee applyed to causes now reputed Ecclesiasticall 39 How legacies may be recovered at the Common Law 42 Matters of marriages more fit to bee decided by the Kings officers than by the Bishops 43 Much adâ—e in the Bishops Courts about Accipio and Accipiam 44 The common Law preferred by the Bishops above the Law of God and the civill Law 45 Causes of Adulteries Slander Heresie which by sufferance only have bin exempted from the Cognizance of the King may be arbitrated by the Iudges of the common Law 47 Hierarchy may be judged felony if it please the King 49 The cognizance of all crimes as well as of some by the Law of God belong to the King 50 No impeachment and impropriations in lay mens hands the stat of 15. Rich. 2. and the 4. Hen. 4. being observed for a Vicar endowes yet if it please the King Parliament a law may be made for reducing of impropriations which may bee done First by restitution Secondly by commutation Thirdly by redemption Fourthly by contribution 52 Parochiall Churches to what use they were founded 56 First restitution of many may and ought to be which are now accounted the temporall revenues of Archbishops and Bishops which were given to severall Churches are now spoyled of them by Archbishops and Bishops 55 56 57 58. Secondly commutations may be made of many of the Bishops lands given to superstitious uses for many impropriations in the Kings hand and the hands of many of the Nobility 56 58 59 Thirdly there may bee a redemption made of the same land or buying in of many impropriations by a common purse or treasury which will increase 1. When the people shall be discharged of the burden of Ecclesiasticall Courts 2. The treasure will increase by the dissolution of Chapels of ease and uniting two Parishes into one and especially in great Cities and Towns where often are but small Livings 61 Dissolution of Chapels no new thing Ibid. Chapels the Seminaries of hirelings 62 3. By sequestration of the Livings of non residents 4. By the forfeiture of penall Lawes due to the King 60 61 62 63 Sequestration of the Churches of pluralists may further the treasure for redemption of impropriations 63 By what contributions Impropriations may bee brought to the use of the ministery 63 Fourthly the fourth meanes viz by contribution wherby Impropriations may be reduced to the ministery 63 64 65 How and by what means impropriations may be reduced into the ministery 65 66 None of the three estates in Parliament is lost by removall of the Hierarchy as appeares by severall statutes viz. 25. E. 3. c. 24. 31. Ed. 3. Stat. of Herrings 3. R. 2. c. 3. 7. R. 2. c. 12. 1. E. c. 2. 68 69 70 71 72 73 The state of Prelacy founded by the Grandfather of K. E. 3. 69 The K. having the assent of the Nobles and Commons may repeale statutes without the assent of the Prelates 70 The argument answered in which it is said that it hath been alwayes dangerous to pick quarrels against laws setled 74 75 Lesse danger to reforme the Church by new lawes than to continue corruption by old lawes 74 That argument answered in which it is said that there must of necessity be in every Parish one Pastor a company of Seniors and Deacon or two at the least and all those to be found of the Parish 75 76 77 78 What kind of men ought to be chosen Seniors and Deacons 76 The judgment of the Commissioners of Ed. 6. touching Elders and Deacons 77 The election of Pastors by the people stands upon the ground of reason and nature rules of Christian equity and the law of God therefore by no Law or custome can justly be taken away though actually it was by the Pope 79 to 87 Dangerous to innovate unlesse there be evident utility in innovation 80 The common manner of election in the old Churches was by the people 81 The King without the people hath power to nominate the Kingly Bishop 82 M. Bilson confirmes the peoples election of their Pastor 83 A great difference betwixt the choice of Bishops in England and Pastors 86 No Schisme hapned by choice of Pastors by the people ancient schimes were ever from the election of Bishops 87 88 therefore a Stat. is desired for the giving of election of their Pastors 86 Election of publike officers in Cities and Boroughs is by the principall men of these places 90 91. therefore Ministers may bee elected the officers of Cities and Townes Corporate chosen without contention therefore Pastors may be also chosen 90 The people would be more carefull of their Election than Bishops have been the people could make no choice of insufficient Ministers unles the Bishops did make insufficient Ministers 93 94 The common people accused of backwardnesse in Religion the reason of that must needs be from their ill guides 95 Men of excellent gifts and men of no gifts are unequally matched in the ministery of the Gospell 96 The people may know a man to be a fit Minister though he be not brought up among them 98 What knowledge of a Minister is required in the people before they choose him No partiall suits can follow the election of Ministers by the people 100 The means to take away all symony for places in the Ministry 100 The inconveniences of Bishops ordination set downe 102 As many suits betweene the Bish and the Clerke 2. suits between the Clerke and the Archdeacon 3. suits betweene the B. and the Archdeacon 4. Riots and breaches of the Kings peace 5. unlawfull Fees for Letters of institution 6. unlawfull Fees for letters of sequestration 105. 7. Perjury by the Clerk and robbery by the Patron 8. Chopping of benefices and dispensations 106. A supplication to the Parliament to consider these inconveniences and likewise a briefe way is set downe of the redresse of them 107 Diverse things set down concerning ordination of Ministers
extraordinary alterations it is not only requisite to abolish all bad opinions out of the mindes of those that know not the drift of the enterprisers but it is also necessary that the defence of such alterations be made forcible against the opposition of all gainesayers we will descend to the particulars and joyne issue with the Admonitor And upon all allegations exceptions witnesses and records to bee made sworne examined and produced out of the holy Scriptures and Lawes of the Land already setled on the behalfe of our cause before our Soveraigne Lord the King his Nobles and Commons in Parliament we shall submit our selves and our cause to the Kings Royall and most Christian judgement In the meane time we averre that not only the former clause of this admonitory bill but that all other clauses following in the same bill for the invaliditie insufficiency indignitie and nullitie of them are to bee throwne out and dismissed from the Kings Court especially for that the particulars opened by the Admonitor can not serve for any reasonable warning to induce the common people to rely themselves upon his I am of opinion to the which we plead at barre as followeth ADMONITION First saith he the whole State of the Lawes of the Realme will be Page 77 altered For the Canon Law must bâ— utterly taken away with all Offices to the same belonging which to supply with other Lawes and functions without many inconveniences would bee very hard the use and studie of the civill Law will bee utterly overthrowne ASSERTION When by a common acceptance and use of speech these words whole State of the Lawes of the Realme are understood of the Common and statute lawes of the Realme that is to say of the Kings temporall Canon and civill Lawes no part of the Laws of the Realme but only by sufferance lawes and not of Canon or Civill lawes it cannot follow that the whole state of the Lawes of the Realme should be altered though the Canon and Civill Lawes with all offices to the same belonging should be utterly taken away and be wholly overthrown For no more could the Admonitor prove the Canon or Civill Law at any time heretofore to have beene any part of the Lawes of this Realme otherwise than only by ` a 25. H. 8. C. 21. in the preamble sufferance of our Kings acceptance long use and custome of our people than can any man prove a parsley-bed a rosemary-twigge or an ivie-branch to be any part of the scite of the Castle of Farnham And therefore he might aswell have concluded thus the whole scite of the Castle of Farnham will be transposed for the Boxetrees the Heythorne Arbours and the Quick-set hedges planted within the Castle-garden must bee removed and cast away which were but a proofe provelesse and a reason reasonlesse If then by the abrogation of the Canon or Civill Law scarce any one part of the lawes of this Realme should be changed what reason have we to thinke that the whole state of the lawes of the Realme must be altered Besides to conclude the whole by an argument drawne ab enumeratione partium and yet not to number the tenth part of such parts as were to bee numbred is I am sure neither good logick nor good law Moreover if all the Canon-law I mean all the Papall and forraigne Canon Law devised and ordeined at Rome or elsewhere without the Realm and consequently all the Offices and functions to the same belonging bee already utterly taken away what hope of reward can Civilians expect from the use of such things as are within the compasse of that law or of what efficacy is this argument to prove an alteration of any part of the lawes of this Realme or that the studie of the Civill Law should be utterly overthrowne For the whole state of the Lawes properly called the Lawes of the Realme hath stood and continued many years since the same Papall and Canon Law was abolished An imbasement for civilians to have preferment by offices of the Canon law The Canon law be abolished out of the realme and ought not to be used And as touching the Civilians for them to seeke after preferments by Offices and functions of the Canon Law is an embasement of their honourable profession especially since farre greater rewards might very easily bee provided for them if once they would put to their helping hands for the only establishment and practice of the Civill Law in the principall causes now handled by them in the Courts called Ecclesiasticall But how may it be proved that the Papall and forraign Canon law is already taken away and ought not to bee used in England For my part I heartily wish that some learned men in the Common Law would vouchsafe to shew unto the King and Parliament their cleare knowledge in this point In the meane season I shall not be negligent to gather and set downe what in mine understanding the Statute-Law hath determined thereof By the statute of submission 25. Hen. 8. revived 1 Eliz. as the very words and letter of the petition and submission of the Clergy of the body of the law and of the provisoes doe import the very true meaning and intent of the King and Parliament is evident and apparent to be thus as followeth and none other viz. That such Canons Constitutions and Ordinances Synodall or Provinciall which before that time were devised and ordained or which from thence orth should bee devised or ordained by the Clergie of the Realme being not contrariant or repugnant c. should only and alonely be authorised and to be put in ure and execution And consequently that all Canons Constitutions and Ordinances Papall and made by forraigne power without the Realm should wholly and utterly be abrogated adnulled abolished and made of no value The words touching the petition and submission mentioned in that Statute in substance are these Where the Kings humble and obedient subjects the Clergie c. have submitted themselves and promised in verbo Sacerdotii that they will never from henceforth presume No Canons provinciall or other to bee put in ure therefore no papall canons in force to attempt alledge claime or put in ure any Canons Constitutions Ordinances provinciall or other or enact promulge or execute any new Canons c. And where also divers Constitutions Ordinances and Canons Provinciall or Synodall which heretofore have beene enacted and be thought not only to bee much prejudiciall to the Kings prerogative Royall c. the Clergie hath most humbly besought Canons provinciall heretofore enacted being prejudiciall are to be abrogated the Kings Highnesse that the said Constitutions and Canons may be committed to the examination and judgement of his Highnesse and of two and thirty persons of his subjects c. and that such of the said Canons and Constitutions as shall bee thought and determined by the said 32. persons or the more part of them worthy to be abrogated
of the Common Law before the Kings Judges and Justices of the Kings bench and Common pleas By a Statute of 32. H. 8. c 7. it is cleare that all tyths oblations c. and other Ecclesiasticall or Spirituall profits by the lawes and statutes of the Realme may be made temporall as being admitted to be abide and goe to and in temporall hands lay-uses and profits From the reason of which statute it is cleare that those lawes likewise may be reckoned amongst us for temporall lawes which by the lawes and statutes of the Realme may be executed by temporall and lay persons and which are conversant about temporal and lay causes If then the execution of the Lawes touching these matters may lawfully remaine and abide in the hands of Doctors of the Civill Law being temporall and lay persons as alreadie under the Bishops they doe it cannot be denied but that the Kings Judges and Justices of both benches may bee as competible Judges to put in execution the lawes concerning these matters as Doctors of the Civill Law or other lay men be But the causes are not reputed and called temporall and lay causes amongst us What for that if in their owne nature simply considered these causes be merely lay and temporall causes such causes I meane as whereof the King a lay civill and temporall Magistrate by his lay civill and temporall Magistracie derived unto him immediately from the holy law of God may and ought to take cognizance and thereupon either in his owne Royall person or by the person of any of his inferiour Officers may give absolute and peremptorie judgement If I say these things be so what booteth it or what wisedome is it to contend that these causes and matters have been and are still adjudged to be therefore Ecclesiasticall and no temporall causes because through an abusive speech or through a vaine and evill custome they have beene so led and accompted in times past And what if it hath pleased the Kings Progenitors by sufferance to tolerate the executions of such Lawes as concerne these things to bee in the hands and power of Ecclesiasticall persons yet hereupon it followeth not that in very deede and truth the Magistracie of the said Ecclesiasticall persons was an Ecclesiasticall Magistracie or that they were Ecclesiasticall Magistrates but their Magistracie was and remained still a temporall magistracie and they were and abode temporall Magistrates For not more can the qualitie of the person alter the nature of the cause than can the qualitie of the cause alter the nature of the person And if it be true that matters determinable in times past by a Magistracie abusively called Ecclesiasticall be notwithstanding properly temporall matters and that the same Magistracie also be a temporall and no spirituall Magistracie what a childish and poore conceit is it to challenge and threp upon the temporall Magistrate that he hath none or very few temporall lawes touching those matters and that therefore the people should not solicit an alteration of abuses in Church government left for want of temporall lawes the people should bee without Ecclesiasticall discipline It will be no small matter saith he to apply these things to the temporall law yea and so say I to But what of that The question is not how hardly these things may be applyed to the temporall law but how small a matter it were to apply the temporall law unto these things For it is not said in any law that casus ex juribus but it is said in all lawes that ex casibus jura nascuntur The temporall law may easily be applyed to causes now reputed Ecclesiasticall And indeed the Phisition applyeth not the disease to his Phisick but he prepareth his phificke for the disease The husband-man he measureth not his ground by the seed but his seed by the ground The Draper he meateth not his yard by the cloth but his cloth by the yard If in like manner the temporall lawes and the grounds and rules thereof were applyed to these matters of tythes marriages c. whereof he speaketh what more alteration could there bee of the temporall law by such an application then there is an alteration of the plummet by laying it to the stone or than there is an alteration of the rule or yard by laying them to the timber and cloth Besides he that rightly and after an exact and equall proportion can apply one rule or maxime of the temporall law to many more cases than whereupon it hath beene usually in former times applyed hee may rather bee reputed an additioner than an alterer of the Law But how may the temporall Law be applyed to those matters how even so and so as followeth By the statute of 32. H. 8. c. 7. it is declared that tythes oblations how tythes may bee recovered in the Kings temporall Courts c. and other Ecclesiasticall or spirituall profits c. being lay mens hands to lay uses be no more Ecclesiasticall but temporall goods and profits and that if any person were diseased deforced wronged or otherwise kept or put from his lawfull inheritance estate seisin c. of in or to the same by any person claiming or pretending to have interest or title in or to the same that then in all and every such case the person so disseised deforced or wrongfully kept from his right or possession shall and may have his remedie in the Kings tempoâ—al Courts as the case shall require for the recoverie of such inheritance by writ originall c. to be devised and granted out of the Kings Court of Chancery in like maner c. It is there likewise provided that that Act shall not extend nor be expounded to give any remedie cause of action or suite in the Courts temporall against any person which shall refuse to set out his tythes or which shall detaine c. his tythes and offerings But that in all such cases the partie c. having cause to demand or have the same tythes shall have his action for the same in the Ecclesiasticall Courts according to the ordinance in the first part of that act mentioned and none otherwise Now then sithence every person whether he be lay or Ecclesiasticall having right to demand tythes and offerings hath the partie from whom those tythes be due bound and obliged unto him and sithence also the partie not dividing yeelding or paying his tythes doth actually and really detaine the same and thereby doth unjustly wrong the partie to whom they be due contrary to justice and the Kings lawes sithence I say these things be so what alteration or disadvantage could befall or ensue to the Common Law or the Professors thereof if so be it might please the King with his Parliament to have the last part of this Act so to be explained extended and enlarged as that the same might give remedy in the Kings temporall Courts by writ originall to be devised and granted out of the Chancerie against
against us that we which urge the same holy law for the bringing in of the discipline by pastors and elders should notwithstanding contrary to the same law intend the leaving out or altering any one of the three estates But which of the three estates was it that he meant should bee left out I trow there is none of the state of prelacie so ill advised as to take upon him the proof of this position viz. That the Lords spiritual The state of the prelacie is not one of the three estates in parliament by themselves alone doe make one of the three estates or that the statutes of England to this day have stood by their authorities as by the authoritie of those who alone by themselvs are to be accompted one of the three estates For if that were so how much more then might the great Peeres Nobles and temporall Lords challenge to make by themselvs an other estate And without contradiction to this day the commons summoned by the kings writ have ever been reckoned a third estate Now then if statutes have hitherto stood by authoritie of the Lords spirituall as of the first estate by the authoritie of the Lords temporall as of the second estate and by authoritie of the commons as of the third estate I would gladly be resolved what accompt the Admonitor made of the Kings estate It had not beene liegnes nor loyaltie I am sure howsoever hee spake much of the Lords spiritualls dutie and fidelitie in the execution of our late Queenes lawes to have set her Royall person authoritie and state behind the lobbie at the Parliament doore Either the kings Royall person then as not comprised within the compasse and circumcription of the three estates by his meaning which had beene but a very bad meaning must be thought to have beene hitherto secluded from authorizing the statute lawes made in Parliament Or els it is a most cleare case that the Lords spirituall themselves alone do not make any one of the three estates And what matter then of more weight may it happily seeme to be to alter the authoritie of the Lords spirituall and to leave them out of the Parliament when as notwithstanding they being left out the statutes of England may remaine and continue by authoritie of the three estates And it were not amisse for the Lords spirituall to consider that the bodie and state of the weale publike both now is and ever hath beene a perfect entire and complete bodie and State without the bodie and state of Prelacie and that the King and Nobles and Commons of the Realme without Prelates Bishops or Clerkes doe make up all the members and parts of the bodie and of the state and may therefore ordaine promulg and execute all manner of lawes without any consent Anno 36. h. 8. fo 51. h Anno m. j. fo 93. â— approbation or authoritie yeelded unto the same by the Bishops spirituall or any of the Clergie And thus much our Divines Histories and Lawes do justifie Sir Iames Dier Lord chiefe Justice of the Common pleas in his reports telleth us that the state and bodie of a Parliament in England consisteth first of the King as of the head and chiefe part of the bodie secondly of the Lords as principall members and lastly of the Commons as inferiour members of that bodie By a statute of provisoes it appeareth That the holy Church of 25. Ed. 3. holy church founded in the state of prelacie by the King England was founded into the state of prelacie within the Realm of England by the grand father of King Edward the third and his progenitors and the Earles Barons and other Nobles of the Realme and their Ancestors for them to informe the people of the law of God and to make hospitalities and almes and other workes of charitie in These uses are changed to the keeping of great horses great troopes of idlers wiâ—h long haire and great chaines of gold 6 Eliz. c. 1. The King bound to do lawes made without assent of prelates to bee kept as lawes of the realmes the places where the Churches were founded From whence it followeth First that the Archbishops and Bishops only and alone doe not make of themselves any state of prelacie but that the whole holy Church of England was founded into a state of Prelacie Secondly it is plaine that the Kings of England before they and the Earles Barons and other Nobles and great men had founded the holy Church of England into a state of Prelacie ought and were bounden by the accord of their people in their Parliaments to reforme and correct whatsoever was offencive to the lawes and rights of the crowne and to make remedie and law in avoiding the mischiefes dammages oppressions and grievances of their people yea and that the Kings were bound by their oathes to doe the same lawes so made to bee kept as lawes of the Realm though that thorough sufferance and negligence any thing should at any time be attempted to the contrary For whereas before the statute of Caerlile the Bishop of Rome had usurped the Seignories of such possessions and benefices as whereof the Kings of the Realme Earles Barons and other Nobles as Lords and Avowes ought to have the custodie presentments and collations King Edward the first by assent of the Earles Barons and other Nobles and of all the communaltie at their instances and requests und without mention of any assent of the state of prelacie in the said Parliament holden at Caerlile ordained that the oppressions grievances and dammage sustained by the Bishop of Romes usurpation should not from thenceforth be suffered in any manner And forasmuch as the grievances and mischiefes mentioned in the said Act of Caerlile did afterward in the time of King Edward the third daily abound to greater dammage and destruction of the Realm more than ever before and that by procurement of Clerks and purchasers of grace from Rome 31 Ed. 5 sta of â—â—ering the said King Edward the third by assent and accord of all the great men and commons of this Realme and without mention of any assent of Prelates or Lords spirituall having regard of the said Act of Caerlile and to the causes conteyned in the same to the honour of God and profit of the Church of England and of all this Realme ordained and established that the free elections of Archbishops Bishops and all other dignities and benefices elective in England should hould from thenceforth in the manner as they were granted by the Kings progenitors and founded by the ancestors of other Lords And in divers other statutes made by King Edward the third it is said that our soveraigne Lord the King by the assent of the great men and all the Commons hath ordained remedie c. That it was accorded by our Soveraigne Lord the King the great men and all the commons 36 Ed. 3. c. 6 8 Ed. 3. 3. statute of provisours
have it further enacted That all manner of fees heretofore lawfull or hereafter by the King and Parliament to be made lawfull for or concerning the probat of Wills administration of the goods of the intestat letters of tuition receiving or making of accompts inductions to Archbishoprickes Bishoprickes Deanries Parochiall-Churches or other spirituall promotions and all other fees whatsoever heretofore lawfull or hereafter to be made lawfull for any travaile or paine to bee taken in or about the expedition or execution of any of these causes shall for ever hereafter be fees and allowances appropriated to the Judges and principall Registers of the said Courts equally to bee devided betweene them as heretofore hath beene accustomed and that the said Judges and Ministers within their severall charges shall be Collectors of the Kings tenths and subsidies granted and due by the Clergie taking for their travaile and paine in and about the same collection such fees as heretofore have beene accustomed Provided alwayes that none of the said civill and temporall Officers and Ministers nor any of them for any offence contempt or abuse to be committed by any person or persons in any wise incident to any of the said Courts and Consistories suspend excommunicate or interdict any person or persons but shall and lawfully may by authority of this present Act proceed against every offender and offenders by such ordinarie processe out of the said Register or Notaries office as is used upon a sub-paena out of the high Court of Chancerie and there upon default or contempt to proceed to attachment proclamation of rebellion and imprisonment of the partie offending as in the said high Court of Chancery is used Provided also that all appeales hereafter to bee made from all and every Court and Courts in the Shires and Diocesses of the Countrey shall bee made to the higher Courts as heretofore hath beene accustomed only with an alteration and addition of the names stiles and dignities of Archbishops Bishops and other Ordinaries unto the name stile and dignitie of our Soveraigne Lord the King his heires and successors And that upon the appeales so to be made it shall and may be lawfull for the Judges and Ministers of Justice of and in the said higher Courts to make out all manner of processe and processes and to do and execute all and every act and acts thing and things for the furtherance of Justice in the causes aforesaid as to them shalby the law seem equal right meet and convenient any law statute priviledg dispensation prescription use or custom heretofore to the contrarie in any wise notwithstanding Provided also that all and everie such Judge and Minister that shall execute any thing by vertue of this act shall from time to time obey the Kings writ and writs of prohibition of attachment upon prohibition and indicavit and not to proceed contrary to the tenour of such writ or writs in such and the same manner and form and condition as they have or ought to have done be ore the making of this act any thing in this act to the contrary notwithstanding Provided also that this act or any thing therein contained shall not extend or be interpreted to give any authoritie to the said Judges and Officers or any of them to put in execution any civill or Ecclesiasticall law repugnant or contrariant to the lawes statutes or customes of the Realme or hurtfull to the Kings Prerogative Royall And thus it may seeme to be but a small labour a little cost and an easie matter for the King his Nobles and Wisemen of the Realme to devise formes of judgement and manner of processe and proceedings without any offices or functions of the Canon law whereby the use and studie of the Civill Law and the reward and maintenance for Civilians might be furthered and increased and not utterly overthrown and taken away as the Admonitor uncivily beareth us in hand As for the alteration of the censure of excommunication for contumacy mentioned in this project we have the consent of the reverend Bishops in this admonition that the same may be altered For the Admonitor their Prolocutor speaketh on this wise viz. As for the excommunication Pag. 138. Excommunication for contumacie by the Admonitors judgement may be taken away without offence and with the good liking of the Bishops practised in our Ecclesiasticall Courts for contumacie in not appearing or not satisfying the judgement of the Court if it had pleased the Prince c. to have altered the same at the beginning and set some other order of processe in place thereof I am perswaded saith he that the Bishops and Clergie of the Realme would have beene very well contented therewith And speaking of a certain manner of civill discomoning used in the Church of Tigure he further addeth viz. Which or the like good order devised by some godly persons if it might be by authoritie placed in this Church c. I think it would be gladly received to shun the offence that is taken at the other ADMONITION And matters of Tythes Testaments and Matrimonie matters also of adulterie slander c. are in these mens judgements meere temporall c. therfore to be dealt in by the temporall Magistrate only which as yet have either none at all or very few laws touching those things therefore the common law of the Realme must by that occasion receive also a very great alteration For it will be no small matter to apply these things to the temporall law and to appoint Courts Officers and manner of processe and proceedings in judgement for the same ASSERTION Indeed we hold that all these matters wherof mention is here made Matters of tythes and other causes of like nature pertain to civill justice and all others of the like nature are merely civill and temporall and by the temporall Magistrate alone to be dealt in and to bee discussed if we consider the administration of externall and civil justice And this we thinke will be granted of all and not to be denyed of any unlesse they be too too popishly addicted In regard whereof we have drawn as before is mentioned a project how Courts and manner of processe and proceedings in judgement by Doctors of the Civill Law may be appointed by the King and his high Court of Parliament without that that the common Law of the Realme by the occasion of any such courts offices or manner of processe and proceedings must receive any alteration at all much lesse a very great alteration Howbeit if it should not please the King and that the Civilians could not finde favour in his sight by courts offices and manner of processe and proceedings in judgement before specified or by the like to have the studie of the civill Law advanced yet we thinke it convenient once again How matters of tyths c. may be dealt in by â—he Kings Iudges to be examined how these matters may be dealt in according to the rules and grounds
of Yorke and Silby were there present In a booke intituled the burning of Pauls Church in London 1561. and in the fift question moved by a papist it is said that this manner of ministration of Sacraments set forth in the booke of Common prayers was never allowed nor agreed upon c. no not by the Clergie of England at the last Parliament but only it was agreed upon by the Laitie which had nothing a doe with spirituall matters or causes of religion Whereunto the reverend Father Master Pilkington Bishop of M. Pilkington Bishop of Durisme Duresme answering was there not saith he a disputation for Religion appointed by the Queenes Majestie wherein your Clergie was affraid to utter their foolishnesse in defending their superstition lest they had taken more shame in answering than they did in holding their peace I thinke the Vniversities with so many places of this Realme receiving religion and these other disputing for it may bee counted to be some part of the clergie of the Realme And so it was not received without consent of the Clergie But these were not of the Parliament What then But as Ioash Josaphat Ezechias and Iosias did not make a new Religion but restored that which was defaced and had long lyen buried so our Parliament did not set forth a new religion but restore that which was godly begun before the good K. Edward confirmed by the Parliament and Clergie then c. But nothing can bee concluded as a law by Parliament say they without consent of the Clergie there present But this having not their consent cannot be counted a law as they think I had rather saith M. Pilkington leave this to be answered by the Lawyers than otherwise Yet that the world may see that something may be said in it we grant him not this to be true that no law at all can be made without consent of Bishops Look your old statutes of Parliament when Bishops were highest afore Edward the third and ye shall read that they passed by consent of the Lords temporall and commons without any mention of the Lords spirituall which statutes many of them stand in strength at this day Then it may well be gathered that the consent of the Clergie was not alwayes so necessarie as they thinke it The Lawyers Judges and Justicers put in practice and execute these lawes therefore their doings may be a sufficient reason to lead the unlearned what opinion they have of this statutes For Religion except Justice Rastall first executing that and afterward running away may condemne the rest which I trust he may not I thinke they would not execute them except they had the strength and nature of lawes If they doe contrary to their knowledge and opinion they cannot be able to answer their doings but I think no wise men are of this opinion Only these corner creepers that dare not shew their face and would deceive the people go about to deface all good and godly order that displeases them In the dayes of K. Edward they had the like fond opinion that the king could not make lawes in his minoritie untill he came unto full age and to make the people to disobey their Prince Hitherto M. Pilkington L. Bishop of Durisme with whom the most worthy and learned M. Jewell late Bishop of M. Iewel B. of Salisburie Salisburie agreeth in every point The wise and learned faith hee could have told you that in the Parliaments of England matters have evermore used to passe not of necessitie by the speciall consent of the Archbishops and Bishops as if without them no statute might lawfully be enacted but only by the more part of voyces yea although the Archbishops and Bishops were never so earnestly bent against it And statutes so passing in Parliaments onely by the voyces of the Lords temporall without the consent and agreement of the Lords spirituall have neverthelesse beene alwayes confirmed and ratified by the Royall assent of the Prince and have beene enacted and published under the names of the Lords spirituall and temporall Reade saith hee the statutes of King Edward the first there shall ye find that in a Parliament holden at S. Edmundsbury the Archb. and Bishops were quite shut forth and yet the Parliament held on and good and profitable lawes were there enacted the departing or absence or malice of the Bishops spirituall notwithstanding In the Records thereof it is written thus Habito Rex cum suis Baronibus Parliamento Clero excluso statutum est The King keeping a Parliament with his Barons the Clergie that is to say the Archbishops and Bishops being shut forth it was enacted c. In provisione de matrona in the time of K. Edward the third whereas matter was moved of bastardie touching the legitimation of bastards borne before mariage the statute passed wholly with the Lords temporall whether the Lords spirituall would or no. and that contrary to the expresse decrees and canons of the Church of Rome And thus much the most reverend and godly Father M. Iewell Bishop of Salisbury Wherefore to conlude this point against the Admonitors position I dispute thus All those persons who by any necessitie are none of the three estates aâ—d by whose authorities the statutes of England to this day have not stood to leave out the same persons may happily seem a matter of lesse weight than all men do judge it But the Archbishops and Bishops are such persons as by nâ—cessitie are none of the three estates and by whose consents the statutes of England to this day have not stood Therefore to leave out the Archbishops and Bishops may happily seem a matter of lesse weight than all men doe judge it If our Evangelicall Bishops be of that opinion of which the Popish Bishops were viz. that the house of Parliament is an unfit and an unmeet place to have the holy cause of the religion of God debated and concluded upon and that the Laitie without the clergie ought not to conclude any thing in Religion and that in respect hereof their presences their voices and their assents are necessary in the â—arliament If our Evangelicall Prelates I say make this objection then besides that hereby they unseemely unmannerly and unchristianly accuse the whole land of ignorance and blindnesse in religion supposing neither King nor Nobles nor Commons to be able to discern betweene night and day besides this I say so shamefull an abuse of a whole Christian nation I would pray them to remember what the most reverend Fathers Master Pilkington and Master Iewell have answered to such cavillous slanders For what else intended they by many examples and proofes brought for the Parliaments of England consisting of the King the Nobles and the Commons to be lawfull Parliaments and to have right to establish religion but to justifie against Popish scoffers that religion might be conceived and established in Parliament notwithstanding the absence or exclusion of the Clergie Besides since our
lawes doe uphold the state and authoritie of the Convocation house for the examination of all causes Matters of religion not concluded in parliament before the same bee consulted of in convocation of Religion surely it cannot be truly averred that it is necessarie for Evangelicall Bishops to be members of the Parliamenthouse lest controversie of Religion should bee handled and discussed without them For how should any matter of religion bee concluded without them in Parliament when first of all the same is to be argued among themselves in convocation Or let them hardly if they can shew any one instance of any change or alteration either from religion to superstition or from superstition to religion to have beene made in Parliament unlesse the same freely and at large have beene first agreed upon in their Synodes and Convocations And what booteth it then to have a double or treble consultation and consent of Archbishops and Bishops in parliament Is the holy cause of God any whit bettered by their Bishops riding from Pauls to Westminster Or can it receive any more strength by their walking from Westminster Church to Westminster palace Nay it hath beene often times so farre from being promoted by their bishops as not only in their convocations but also in the Queenes parliaments the same thing hath beene shamefully intreated and taken the foyle as may witnesle the bill for the better observation of the Sabboth 27. Eliz. which being passed by both houses of parliament was notwithstanding gainesaid and withstood by none so much as by certaine Evangelicall bishops and which as there all men generally conceived was only stayed from being made a law by the Queene upon their counsell and perswasion ADMONITION Pag. â—8 It hath beene alwayes daugerous to picke quarrels against lawes setled ASSERTION And is it not morbus haereditarius in Prelates to pick quarrels against reformation of errours For even this did Stephen Gardener Stephen Gardeners argument and the adâ—onitors argument in effect one reason against the Lord Protector That in no case saith Stephen Gardener is to be attempted of the Lord Protector which may bring both danger to him and trouble to the whole Realme But innovation of Religion from that state wherein K. Henry left it may be and is like to be dangerous to the Lord Protector and to baeed troubles to the whole Realme Therefore innovation of Religion from the state that K. Henry left it is in no wise to be attempted And even of this stamp and of this streyne is the argument of pickking quarrels against laws setled for thus in effect he argueth That Discipline in no case is to bee brought into the Church by the King and Parliament which may be dangerous to lawes setled But to bring into the Church the Apostolicall discipline may be dangerous to lawes setled Therefore the Apostolicall Discipline in no case is to be brought into the Church by the King and Parliament But forasmuch as that noble and religious Lord Protector notwithstanding Stephen Gardeners sophistry continued constant and couragious in the abolishment of popery and superstition which king Henry left and did without dangerous alteration of laws then setled innovate religion How much more now may the Kings Majestie the Lords and Commons in Parliament attempt with effect an innovation of that state of Ecclesiasticall government wherein the Queene left the Church And if it cannot be denyed but it had beene far more dangerous for the Realm and for the Lord Protector not to have setled the holy doctrine of the everlasting Gospell by Lesse danger to reforme the Church â—y nâ—w lawes than to câ—ntinue corruption by old laws new lawes than to have maintained and continued antichristianitie by old lawes how should it be lesse danger for the king in these dayes to continue corruptions in the Church by toleration of old lawes than to have the same corruptions reformed by establishment of new lawes But unto whom or unto what hath it beene dangerous to pick quarrells against lawes setled Wha hath it beene dangerous to lawes setled No. For how should lawes setled be indangered by quarrelers sithence quarrellers are evermore in danger of lawes setled Or hath it beene alwayes dangerous for a king for a State for a people or for a Countrey to pick quarrels against lawes setled No. For what man is he or what face carrieth he that dare upbraid a countrey a people a State or a King minding to unsettle evill lawes and evill customes to be quarrellers against lawes setled Let it then only be dangerous for private persons upon private male-contentment to pick quarrels against good lawes well and rightly setled and let it not be hurtfull or dangerous for supreme Kings powers and principalities by publike edicts to alter evill lawes evilly setled For to what other end should evill lawes evilly setled be continued but to continue evill And what a thing were that This argument then for lawes setled being the sophisme of that Fox Stephen Gardener is but a quarrelsome and wrangling argument ADMONITION If this government whereof they speake be as they say necessary Pag. 78. in all places then must they have of necessitie in every particular parish one Pastor a company of Seniors and a Deacon or two at the least and all those to be found of the parish because they must leave their occupations to attend upon the matters of the Church But there are a number of Parishes in England not able to finde one tolerable Minister much lesse to finde such a company ASSERTION This argument seemeth to be drawne from kitchin profit and is but a bugbegger to scarre covetous men from submitting their necks unto the yoke of that holy discipline which our Saviour Christ hath prescribed and which the Admonitor himselfe confesseth to have beene practised by the Apostles and primitive Church And yet because this argument seemeth to lay a very heavie burden on mens shoulders such as is impossible to be borne it is an argument worthy That seniours and Deacons should bee found at the charge of the Parish is absurd to be examined though in it self the same be very untrue and absurd For who did ever fancy that a Pastor a company of Seniours and a Deacon or two at the least should be men of occupations or that they should be all found of the parish because they must leave their occupations to attend upon the matters of the Church Why there be many hundreds of parishes in England wherein there dwelleth not one man of an occupation And what reason then or what likelyhood of reason was there to father such an absurd necessitie upon the Church As for the necessitie of having one Pastour in every partilar parish and of his finding by the parish because it is his duety to attend upon reading exhortation and doctrine although he bee no man of occupation this I say is agreeable and consonant to the government of the Church practised by
and contained in the Scriptures that infants must bee baptized neither is it expressed and contained in the Scriptures that the bishop of Lichfield must have but one wife Yet because it is contained in the Scriptures that God in the beginning brought but one woman unto one man and gave to one woman but one husband I assure my selfe it will not be denyed but that the bishop must and doth content himselfe with one wife and that every Christian ought to bring their children to be baptized Besides if Master Bilson distinguisheth bishops in England from pastours in England and Archbishops in England and Pastors in England two severall orders and degrees of Ministers in the Church of England then I grant that it is neither expressed nor contained in the Scriptures that the people must choose their bishops in England And why but because the Scriptures having put no difference betweene bishops and pastours know no such bishops as we have in England And therefore bishops Bishops in England are only Bb. by the Kings grace and not by divine institution in England being bishops only by the Kings grace and not by divine institution and ordination as pastours in England be hence is it that the Kings of England by their prerogative Royall and not the people by the rule of Scriptures have chosen their bishops in England And for this cause also was it that K. Hen. 8. with advice of the Parliament did resume the nomination appointment investiture and confirmation of his Kingly bishops from the pope As for the nomination of pastours having cure of soules in parishes otherwise than all patrons by right of patronage doe give presentments their choise institution translation oâ— deprivation the Kings of England by their Pastours in parochiall Churches were never placed by the King as Bb. are in their Bishopricks regall power never yet hetherto tooke the same upon them And if the Kings of England by any fact or by any law did never take away the right interest and freedome from the people in choosing their pastours what right other than by usurpation can the bishops have to impose or thrust upon the people pastours without their liking But by custome and consent the people have restrained themselves Hereunto if it were not alreadie sufficiently answered that the people could not lawfully restraine themselves yet Master Bilson himselfe answereth That the late bishops of Rome never left cursing The people lost their consent by cursing and fighting of the Popes and fighting till they had excluded both prince and people and reduced the election wholly to the Clergie By cursing and fighting then have the people beene overruled and excluded and not by custome or consent have they restrained themselves Yea and by vertue of this cursed fight only doe the Bishops of England at this day exclude both Prince and people from medling in the choise of pastours For by authoritie of the canon law made by those late cursing and fighting Bishops of Rome the bishops of England have the sole ordination and placing of pastours over the people And from hence also it is plaine that the peoples right was not by their default or abuse relinquished and forfeited For then the late Bishops of Rome needed not to have cursed and fought for it And now whether it be not meet that the Lord Bishops professing themselves to be Christian bishops should still retaine in their hands and not restore unto Christian people the possession of their Christian equitie and freedome extoâ—ted from them by the cursings and fightings of antichristian Bishops I leave it to the consideration of the reverend bishops themselves Touching the mischiefes and inconveniences of schismes troubles strifes and contentions so often inculcated and so much urged and excepted against the election of the people there is no man able as I thinke to produce any one pregnant proofe out of any ancient or late historie that any king or Soveraigne power hath interposed any supreme authoritie to appease any discord or dissention ensuing or raised upon the bare choise made of any meere parochiall pastour by any faithfull and christian people The schismes strifes and factions that were raised in the old churches sprang out and slowed onely Schismes and contentions spring from schismaticall and proud clergie masters from the heads and fountaines of those schismes strifes and factions and namely from proud ambitious and hereticall bishops and great clergie masters For they being infected and poisoned with the contagion of schisme and heresie and having sowred the mindes of their Disciples with the leaven of their hereticall doctrines no marvaile if the people became followers of the evill manners of their teachers and no marvaile if they verified the proverbe Like master like man like Priest like people Eustatius Bishop of Antioch being a Sabellian heretike was deposed by the Councell of Antioch after whose deposition a fierie flame of sedition was kindled in Antioch Socr. 1. c. â—â— because one sort of the common people sought to translate Eusebius Pamphilus from Caesarea to Antioch some other would bring againe Eustatius Eusebius bishop of Nicomedia and Theognis bishop of Nice being both Arians with their confederates raised skirmishes and tumults against Athanasius after the death of Alexander bishop Socr. l. 2. c. 2 of Constantinople about the election of a bishop there was greater stirre than ever before time and the Church was more grievously turmoyled The people were devided into two parts the one egerly set with the heresie of Arius clave to Macedonius the other cleaved very constantly to the decrees of the Nieene Councell and choose Socr. l. 2. c. 4 Paulus to be their Bishop The cause of division among the Citizens of Emisa about the election of Eusebius Emisenus was for that he was charged with the studie of the Mathematickes and accused of Socr. l. 2. c. 6 the heresie of Sabellius After the death of Eusebius when the people of Constantinople had brought againe Paulus to be their bishop the Arians chose Macedonius The authors and chiefe doers in that stirre were certaine Arian bishops who before aided Eusebius that turned up side downe the whole state of the Church These Socr. l. c. 9 and sundry such like sturres discords factions and dissentions are found to have beene raised and pursued by schismaticall and hereticall bishops their favourites and followers in the old Churches but that these or the like mischieves and inconveniences can be proved to have fallen out by the election of Parochiall pastours in the old Churches we deny And why then should not the interest and freedome of faithfull and Christian people wrested from them by cursings and fightings of faithlesse and antichristian Popes be restored to them againe And the cause ceasing why should not the effect likewise cease And therefore we humbly intreat the Lords bishops that against the grounds of reason and nature against Christian equitie A â—equest to the â—everend