if it may please him so to provide by Parleament may giue remedie vnto complaynants by writts out of the Chancerie and that complaints in such cases may effectuallie be redressed vpon such writts in the Kings Courts And if also sundrie matters of Tythes Testaments and Mariages be alreadie handled in the Kinges Courts if these things I say be so and so may be then with litle reason did the Admonitor warne vs that a verie great alteration of the common law must follow and that it will be no small matter to applie these things to the temporall law But the antecedent is true as hath bene alreadie shewed Therefore the consequent is true Admonition Iudgementes also of adulterie slauÌ„der c. are in these mens iudgmentes Pag. 78. mere temporall and therefore to be dealt in by the temporall Magistrate onely Assertion We are in deed of this iudgemeÌ„t that in regard of the Kinges Royall Office these iudgements of adultrie and other criminall causes comprised within this clause c. ought no more to be exempted from the Kings temporall Courtes then matters of theft murther treason and such like ought to be And for the mayntenance of our iudgementes wee affirme that there is no crime or offeÌ„ce of what nature or qualitie soever respecting any commaundement conteyned within either of the two tables of the holie law of God if the same bee nowe corrigible by spirituall power but that some fault and contempt one or other of the like nature and qualitie as comprised vnder the same commandement hath bene evermore and is now punishable by the Kings Regall and temporal iurisdiction For adulterie as the same is to be censured by penance in the Ecclesiasticall Courtes so is ravishment also buggerie sodomie to be punished in the Kings Court by payne of death And as hath bene accustomed that Ordinaries by ceÌ„sures of the Church may correct fornicators so fornication also as in some bookes written of the common lawe is reported hath bene in times passed presented and punished in leetes and Law-dayes in divers places of the Realme by the name of Letherwhyte whiche is as the booke saieth an auncient Saxon terme And the Lord of the Leete where it hath bene presented hath euer had a fyne for the same offence By the statute of those that be borne beyond the Seas 25. Ed 3. it appeareth that the Kinge hath cognizance of fome bastardie And nowe in most cases of bastardie if not in all by the statute of Eliza. the reputed father of a bastard borne is lyable to bee punished at the discretion of the Iustices of peace Touching periurie if a man loose his action by a false verdict in plea of land Periurie if punishable temporallie in some cases why not in all he shall haue an attaynt in the Kinges Court to punish the periurie and to reforme the falsitie And by divers statutes it appeareth that the Kings teÌ„porall Officers may punish periurie committed in the Kings teÌ„poral Courtes And though it be true that such periurie as hath risen vpon causes reputed spirituall haue bene in times past punished onlie by ecclesiasticall power and censures of the Church yet herevpon it followeth not that the periurie it selfe is a meere spirituall and not a temporall crime or matter or that the same might not to be civillie punished By a statute of Westminster 25. Ed. 3. it was accorded that the King his Vsurie heyres shall have the cognizance of the vsurers dead and that the Ordinaries haue cognizance of vsurers on lyfe to make compulsion by censures of the Church for sinne and to make restitution of the vsuries taken against the lawes of holy church And by another statute it is provided that vsuries shall 20. H. 3. c. 5. not turne against any being within age after the time of the death of his Auncestoure vntill his full age But the vsurie with the principall debt which was before the death of his Auncestor did remayne and turne against the heyre And because all vsurie being forbidden by the law of God is sinne detestable 13. Eliz. c. 8. it was enacted that all vsurie lone and forbearing of money c. giving dayes c. shall be punished according to the forme of that Act. And that everie such offendor shal also be punished corrected according to the Eccle. lawes before that tyme made against vsurie By al which statutes it seemeth that the cognizance reformatioÌ„ of vsurie by the lawes of the Realm partayneth onlie to the Kinge vnles the King by his lawe permit the Church to correct the same by the censures of the church as a sinne committed against the holy law of God Touching heresies and schismes albeit the Bishoppes by their Episcopall Heresies schismes are punishable by the Kings lawes and ordinarie spirituall power grouÌ„ded vpon canon lawe or an evill custome have vsed by definitive senteÌ„ce pronouÌ„ced in their Consistories to condemne men for heretickes and schismatickes and afterward being condemned to deliver them to the seculer power to suffer the paynes of death as though the King being custos vtriusque tabulae had not power by his Kinglie office to enquire of heresie to condemne an hereticke to put him to death vnlesse he were first condemned delivered into his hands by their spirituall power although this hath bene I say the vse in England yet by the statutes of Richard the second Henrie the fift it was lawfull for the Kings Iudges and Iustices to enquire of heresies and Lollardes in Leetes Sherifes turnes and in Lawdayes and also in Sessions of the peace Yea the King by the common law of the Realme revived 25. H. 5. c. 14. by an Act of Parleament which before by the Statute of Henrie the fourth was altered may pardon a man condemned for heresie yea and if it should come to passe that any heresies or schismes should arise in the Church of Englande the Kinge by the lawes of the Realme and by his Supreame Soveraigne power with his Parleament may correct redresse and reforme all such defaultes and enormities Yea further the King and his Parleament with consent of the Cleargie in their Convocation 1. Eliz. ca. 〈◊〉 hath power to determine what is heresie and what is not heresie If then it might please the King to haue it enacted by Parleament that they which opiniativelie and obstinatelie hold defende 1 Eliz 〈◊〉 1. and publish any opinions which according to an Act of Parleament alreadie made haue bene or may bee ordered or adiudged to be heresies should be heretickes and felons and their heresies If it please the Kinge heretickes may bee adiudged felons and hereâ—ies felonies to be felonies and that the same heretickes and felons for the same their heresies and felonies beeing araigned convicted and adiudged by the course of the common law as other felons are should for the same their heresies felonies suffer the paynes of death
can any way be pregnant to proue the other And touching his assumption viz but the planting of the gouerment practised by the Apostles and primitiue Church will draw with it many great alterations of the state of gouerment of the lawes If in this place he vnderstood the state of Church gouerment and of the lawes Ecclesiasticall now in vse then is the proposition true And yet notwithstanding we avow the Gospell to be so farre from incurring any ouerthrow by such an alteration as thereby it is certayne that the same shal more more florish and be perpetuallie established by reason that this alteration should be made frō that which by long experience is knowne to be corrupt vnto that which is knowne by the holy Scriptures to be pure and sincere From a gouerment I say and lawes authorized by tradition and commandements of man alone to a policy lawes founded and descended by and from God him selfe But if the Admonitor by the assumption ment to enforme vs that the planting of the Apostolical gouerment will draw with it manie and great alterations of the temporall state of gouernment and of the temporall lawes statutes or customes of the kingdome then as before to his first so now also to his seconde I answere negatiuely and affirme that the The planting of the Apostolicall gouermēt will draw no alteratiō of the lawes of the realm with it planting of the said Apostolicall gouerment will not draw with it any least alteration of anie part of that temporall state of gouerment nor almost of anie one common statute or customarie law of the Land which may not rather bee altered thē reteyned For this platforme of gouerment we are able by the helpe of God to defend the same generallie for the most part to be most agreeable and correspondent to the nature qualitie disposition estate of our countrey people common weale and lawes as in our particular answeres to his particular reasons shall more at large appeare In all new and extraordinarie alterations it is not onely requisite to abolish al bad opinions out of the minds of those that know not the drift of the enterprisers but it is also necessarie that the defence of such alterations be made forcible against the opposition of all gaynesayers We will descend to the particulars ioyne issue with the Admonitor And vpon allegations exceptions witnesses and recordes to be made sworne examined and produced out of the holie Scriptures and lawes of the Land alreadie setled on the behalf of our cause before our Soveraigne Lord the King his Nobles and cōmons in Parleament we shall submit our selues and our cause to the Kings Royall and most Christian Iudgement In the meane time we 〈◊〉 that not onely the former clause of this admonitorie Bill but that al other clauses following in the same bill for the invaliditie insufficiencie indignitie and nullitie of them are to be throwne out and dismissed from the Kings Court especiallie for that the particulars opened by the Admonitor can not serue for any reasonable warning to induce the common people to relie themselues vpō his I am of opinion to the which wee plead at barr as followeth Admonition First saith he the whole State of Pag. 77. the Lawes of this Realme wil be altered For the Canon Law must be vtterlie taken away with all Offices to the same belonging which to supply with other lawes and functions without many inconveniences would bee verie hard the vse and studie of the civill law wil be vtterly overthrown Assertion When by a common acceptance and vse of speech these words whole state of the lawes of the Realme are vnderstood of the common and statute lawes of the Realme that is to say of the Kings temporall lawes and not of Canon or civill lawes it cannot followe that the whole state of the lawes of the Realme should Canon and civil laws no part of the laws of the Realme but only by sufferance be altered though the Canon and civill lawes with all Offices to the same belonging should be vtterly taken away be wholy overthrowne For no more could the Admonitor prove the canon or civill law at any time heretofore to haue bin any part of the lawes of this Realm otherwise then onlie by c 2. 25. H 8. C 21. in the preamble sufferance of our Kings acceptance long vse and custome of our people then can any man proue a parsly-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 haue concluded thus the whole scite of the Castle of Farnham wil bee transposed for the Boxetrees the heythorn arboures and the quicke set hedges planted within the Castle-garden must be removed cast away which were but a proof proouelesse 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 bee changed what reason haue we to thinke that the whole state of the lawes of the Realme must be altered Besides to conclude the whole by an argument drawen 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 logike nor good law Moreover if all the canon-law I meane all the papall and forraigne canon law devised and ordeined at Rome or els where without the Realme and consequently all the Offices functions to the same belonging bee alreadie vtterlie taken away what hope of reward can Civilians expect from the vse of such things as are within the compasse of that law or of what efficacie is this argument to prove an alteration of anie part of the lawes of this Realme or that the studie of the Civill Law should be vtterly overthrowne For the whole state of the lawes properlie called the lawes of the Realme hath stood and continued many yeeres since the same Papal and canon law was abolished And as touching the Civilians for them to seeke after prefermentes by An imbasemēt for Civiliās to haue preferment by offices of the canon law offices and functions of the canon law is an embasement of their honorable profession especiallie since farre greater rewardes might verie easilie be provided for them if once they would put to their helping handes for the onely establishment and practise of the civil law in the principall causes now handled by them in the Courtes called Ecclesiasticall The canon law be abolished out of the Realme ought not to be vsed But how may it be proved that the Papall and forreign canon law is alreadie taken away and ought not to be vsed in England For my part I heartilie wish that some learned men in the common law would vouchsafe to shew vnto the King and Parleament their clere knowledge in this point In the meane season I shall not be negligent to gather set downe what in mine
haeredibus nostris in perpetuum quod Ecclesia Anglicana libera sit habeat omnia iura sua integra libertates suas illaesas We haue graunted vnto God and by this our present writing haue confirmed for vs and for our heyres for ever that the church of England be free and that shee haue all her rights and liberties whole and vnhurt Nowe by this Charter if the same be cōstrued aright there is provision made first that such honour and worship bee yeelded by the King and his subictes his and their successors and posteritie vnto God as truely and in deed belongeth vnto him Secondlie that not onely such rightes and liberties as the King his progenitors but also that such as God had endowed the Church of England with should inviolably be preserued And in verie deed to speake truely properly such rights and liberties onely are to be called the rightes liberties of the church of England which God him selfe hath giuen by his lawe vnto his vniuersall Church not which the Kings of England by their Charter haue bequeathed to the particular church of England When therefore questiō is made that by the great Charter the Kinges of England are bound to maintayne the rights and liberties of the Church of Englande we are to enquire and search what rights and liberties God in his holie word hath granted vnto his vniversall Church and so by consequence vnto the Church of England one part of the Catholike church And this questionlesse was the cause that moved the victorious Prince Henry the eight so effectuallie and powerfully to bend him selfe against the Popes supremacie vsurped at that time over the Church of England For saith the King wee will with hazard of our life and losse of our Crowne vpholde and defend in our Realmes whatsoever wee shall know to be the will of God The church of God then in England not being free nay having her rights and liberties according to the great Charter whole and vnhurt but being in bondage and servitude to the Sea of Rome contrarie to the lawe of God the King iudged it to stande highlie with his honor with his oath according to the measure of knoweledge which then was giuen vnto him to reform redresse amend the abuses of the same Sea If then it might please our gratious Soveraigne Lord King IAMES that now is treading in the godly steppes of his renoumed great Vncle to vouchsafe an abolishment of all lordlie primacie executed by Archiepiscopal Episcopall authoritie over the Ministers of Christ His Highnes in so doing could no more rightlie bee charged with the violation of the great Charter then might King HENRY the eight with the banishment of the Popes supremacie or then our late Soveraigne Ladie the Queene could be iustlie burthened with the breach of her oath by the establishment of the Gospell Nay if the Kings of England by reason of their oath had bin so straightlie tied to the wordes of the great Charter that they might not in anie sort haue disannulled any supposed rightes liberties of the church then vsed and confirmed by the great Charter vnto the church that thē was supposed to be the Church of God in England then belike King Henrie the eight might bee atteinted to haue gone against the great Charter and against his oath whē by the overthrow of Abbayes Monasteries he tooke away the rightes and liberties of the Abbotts and Priors For by expresse wordes of the great Charter Abbotts and Priors had as ample and as large a Patent for their rightes and liberties as our Archb. Bb. can at this day chalenge for their primacies If then the rightes and liberties of the one as being against the lawe of God be duly lawfully taken away notwithstanding any matter clause or sentence conteyned in the great Charter the other haue but litle reason by colour of the great Charter to stand vpon their pantofles and to contend for their painted sheathes For this is a rule maxime in all good lawes that in omni iuramento semper excipitur authoritas maioris vnlesse then they be able to iustifie by the holy scriptures that such rightes and liberties as they pretend for their spirituall primacie over the Ministers of Christ to be granted vnto them by the great Charter be in deed truth likewise confirmed vnto them by the holy law of God I suppose the Kinges Highnes as a successor to King Henrie the third and as a most iust inheritour to the Crown of England by the words of the great Charter and by his oath if once the same were taken to be bound vtterlie to abolish all Lordly primacie as hetherto vpheld and defended partly by ignorance and partlie by an vnreasonable and evill custome Admonition The vse and studie of the civill lawe wil be vtterly overthrown for the Civilians in this Realme live not by the vse of the civill lawe but by the offices of the canon lawe and such things as are within the compasse thereof And if you take those offices and functions away and those matters wherein they deale in the canon lawe you must needes take away the hope of rewarde and by that meanes their whole studie Assertion This collection dependeth vppon his former Reason is borrowed to proue a necessary continuance of canon law and concludeth in effect thus The taking away of the reward and maintenance of Civilians wil bee the overthrowe of the vse and studie of the civill lawe But the taking away of the canon lawe the offices and functions thereof and such things as are within the compasse of the same wil bee the taking away of the reward and maintenance of Civilians Therefore the taking away of the canon lawe wil be the overthrowe of the vse and studie of the civill lawe But we denie the assumption and affirme The maintenance of Civiliās dependeth not vpō the functions of the canon lavve that Civilians might haue farre better reward maintenance then now they haue if the offices and functions of the canon lawe and such things as are conteyned within the same were simply and absolutely taken away And further we say if there were none other vse nor end of the studie of the civill lawe then hope of reward and maintenance by some office function of the canon lawe that then Civilians should in vaine seeke for knowledge in the civill lawe because without the knowledge thereof and by the only knowledge of such things as are within the compasse of the canon law they might reape that rewarde and maintenance Nay sithens by experience wee haue known that some who neuer vnclapsed the institutions of Iustinian out of the same to learne the definition of civill iustice haue bin yet are authorized to exercise the offices and functions of the canon law how should the studie of the civill lawe bee furthered by these offices and functions when as without any knowledge of the civill
of Tythes Testaments and Matrimonie matters also of adulterie slander c. are in these mens iudgments mere teÌ„poral c. therefore to bee dealt in by the temporall Magistrate onely which as yet haue eyther none at all or very fewe lawes touching those things therefore the common lawe of the Realme must by that occasion receaue also a verie great alteration For it wil bee no small matter to applie these things to the temporal law to appoint Courts Officers and manner of processe and proceedings in iudgement for the same Assertion In deed we hold that all these matters whereof mention is here made and all Matters of tythes and other causes of like nature perteine to civill Iustice others of the like nature are merely civill and temporall and by the temporall Magistrate alone to bee dealt in and to be discussed if we consider the administration of externall and civill iustice And this wee thinke wil be graunted of all and not be denied of any vnlesse they be too to popishly addicted In regard whereof wee haue drawen as before is mentioned a proiect howe Courts and maner of processe and proceedinges in iudgement by Doctors of the civill law may be appointed by the King and his high Court of ParleameÌ„t without that that the common law of the Realme by the occasion of any such courts officer or maner of processe and proceedings must receave any alteration at al muchlesse 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 maner of processe and proceedings in iudgement before specified or by the like to have the studie of the civill law advanced yet we thinke it convenient once againe to â—owe matters of Tythes c. may be dealt in by the Kings Iudges be examined howe these matters may be dealt in according to the rules grouÌ„dâ— of the common lawe before the Kings Iudges and Iustices of the Kings bench and common pleas By a statute of 32. H. 8. c. 7. it is cleare that all tythes oblations c. and other ecclesiasticall or spirituall profits by the lawe or statutes of the Realme may bee made temporal as being admitted to be abide go to and in temporall hands laye vses and profits From the reason 〈◊〉 which statute it is cleere that those lawâ—â— likewise may be reckoned amongst 〈◊〉 for temporall lawes which by the lawâ—â— and statutes of the Realme may be executed by temporall and lay persons and which are conversant about temporall and lay causes If then the execution of the lawes touching these matters may lawfully remaine abide in the hands of Doctors of the civill law being temporall and lay persons as alreadie vnder the Bishops they doe it can not be denied but that the Kings Iudges and Iusâ—icers of both Benches may be as competible Iudges 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 lay causes amongst vs. What for that if in their owne nature simply considered these causes bee meerely laye and temporall causes such causes I meane as whereof the King a â—ay civill and temporall Magistrate by his lay civill and temporal Magistracie â—erived vnto him immediatly from the holy law of God may and ought to take â—ognizaÌ„ce thervpoÌ„ either in his own Royall person or by the person of any of his inferior Officers may giue absoâ—te peremptorie iudgement If I say â—hese things be so what booteth it or that wisedom is it contend that these causes and matters have bin and are stil adiudged to be therefore ecclesiasticall no temporal causes because through an abusive speech or through a vaine and evill custome they haue bin so called and accompted in times past And what if it hath pleased the Kinges Progenitors by sufferance to tollerate the execution of such lawes as concerne these things to be in the hands power of Ecclesiasticall persons yet here vpon it followeth not that in very deede and trueth the Magistracie of the said ecclesiasticall persons was an ecclesiasticall Magistracie or that they were ecclesiasticall Magistrats but their Magistracie was and remayned still a temporall magistracie they were and aboade temporall Magistrates For not more can the qualitie of the person alter the nature of the cause then can the qualitie of the cause alter the nature of the person And if it be true that matters determinable in tymes past by a Magistracie abusivelie called ecclesiastical be notwithstandinge properlie temporaâ—â— matters and that the same Magistracie also be a temporall no spirituall Magistracie what a childish poore coÌ„ceit is it to challenge threp vpoÌ„ the teÌ„porall Magistrat that he hath none or verie few temporall lawes touching those matters And that therefore the people should not sollicit an alteratioÌ„ of abuses in Church-goverment least for want of temporall lawes the people should bee without ecclesiasticall discipline It will be no small matter saith hee to applie these things to the temporall lawe yea and so say I to But what of that The question is not how hardly these things may be applied to the temporall lawe but how small a matter it were to applie the temporall law vnto these thinges For it is not said in any law that casus ex iuribus but it is said in all lawes that The temporal law may easily be applied to causes nowe reputed ecclesiasticall ex casibus â—ura nascuntur And in deede the Phisition applieth not the disease to his phisicke but he prepareth his phisicke for the disease The husband-man he measureth not his grouÌ„d by the seed but his seed by the ground The Draper he meateth not his yarde by the cloth but his cloth by the yarde If in like maner the temporall lawes and the grounds and rules thereof were applied to these matters of tythes marriages c. whereof he speaketh what more alteration could there be of the temporall law by such an application then there is an alteration of the pluÌ„met by laying it to the stone or then there is an alteration of the rule or yard by laying them to the timber cloth Besides he that rightly and after an exact equall proportion can apply one rule or maxime of the teÌ„porall lawe to many more cases then wherevn to it hath bin vsually in former times applied he may rather be reputed an additioner then an alterer of the law But how may the temporall lawe be applied to those matters How even so and so as followeth By the statute 32. Howe Tythes may bee recouered in the Kings teÌ„porall Courts H. 8. c. 7. it is declared that tythes oblations c. and other ecclesiastical or spirituall profitts c. beinÌ„g in laye mens handes to laye vses be no more ecclesiasticall but temporall goods and profittes and that if any person were disseysed
commaund a Minister to be presented ordeyned elected to be a Pastour in a parochiall Church as hee hath to coÌ„maund a Bishop to be elected confirmed and coÌ„secrated to an Episcopall sea And are we not then merveylouslie giddi-headded new-fangled and strange innovators Againe when wee desire that the King at the humble suite of the Ministers the Patron and the people would be pleased to confirme and admitt the Patrones Clerke in to the temporalities of a benefice what other thing is required but that the possession of no church should be delivered vnto any Minister without the Kings publike writt And would not this breed a perilous sturr garboyle discord and contention when the Archdeacons pretie signet as Dagon falling downe before the Arck should giue place bow down and do reverence vnto the Kings of England seale at armes Oh! but in this platforme there be other dangerous innovations and alterations not to be atteÌ„pted Yea And what then be they The Admonitor him self The Prophets ought to bee tried by the Prophetes in his admonition holdeth Yea Mai. Bilson and all other supporters of the Hyerarchie defended That the Cleargie ought to iâ—dge of the Clergie and that the Prophetes ought to be tried examined and ordeyned onely by the Prophetes and that the spirites of the Prophetes are subiect to the spirites of the Prophetes Wherein then consisteth the disagreement and variance betweene vs and them touching the ordination of a Prophet by Prophetes or of a Minister by Ministers Certes to mine vnderstanding there is none other matter of dissonancie in this case but even alonely this viz. That he by these wordes the spirites Corinth of the prophetes are subiect to the prophetes intendeth that the Spirits of many prophetes touchinge their triall examinatioÌ„ and ordination are subiect to the spirit of one prophet and that Whether the spirites of manie Prophets be subiect to one or of one to many therefore one prophete by his owne spirite may trie examine and ordeyne manie Prophetes Whereas on the other side we affirme that one prophet according to this rule of our holy faith is to speake and the other prophetes are to iudge and that no one prophete may trie examine or ordeyne many prophetes Because from this place wee gather that the spirites of many prophetes in the ordinarie course of the ministerie of the Worde were neuer subiected in this case to the spirite of one Prophete But in this platforme there is no mention made of the King if he bee patrone neither is there any institution spoken of and then howe can any action of quare impedit bee brought to try the right if two patrones pretend title to the Patronage besides the Patrone by this platforme must fetch his Clerckes only from the Vniversities Schooles of learning and Nurseries of the Ministerie whereas now he hath libertie to present any Clerke wheresoever or howsoever ordayned Againe strife and contention may arise in the presbytery betwene the Bishops and the Ministers them selues appointed to be examiners and ordeyners which of the two Clerkes nominated by the Patrone is most worthy to be preferred If both the Patrones Clerkes for non abilitie or criminousnes be refused who shall then nominate and to whom shall the election devolue And lastlie what if the Bishop and presbytery shall disalow one for vnabilitie which in deed is notwithstanding of abilitie to teach to all these difficulties thus wee aunswere If the Kinges Maiestie be Patrone to any benefice with cure of soules because Touching the Kinges patronage we iudge and confesse him to be a King endowed with a rare and singuler spirit of zeale for the glorie of our God with an excellent spirit of loue for the saluation of the soules of his subiects and to be the Nehemiah of our age sent vnto vs from aboue for the building of the walls and reedifying of the ports of the house of God which were brokeÌ„ downe and devoured We for our partes doubt nothing at all nay rather we most certeynly perswade our selues his Highnes having once bene pleased to prescribe all wholesome commendable lawes vnto his people will also vouchsafe much more to prescribe lawes yea and to be a law vnto him selfe And that his Maiestie wil set this busines of the Lords house so neare vnto his Kingly Christian heart by the planting of able Ministers in all the Churches of his Highnes Patronage as that all other Patrons by his godly example wil be excited readily to walke in the Kings path to weare the Kinges coloures and to become the Kinges chiefe favourytes in this so holie a worke And therefore touching the Kings Patronages cum Maiestas imperatoria H. de ley fidei 3. l. ex imperfecto legibus esse soluta videatur wee commend them wholy to the Kinges most Christian care providence and fidelitie The Bishops institution and writt of quare impedit wee graunt must cease The Bishops institution may cease but in place of institution the election ordination by the Presbytery succeedeth and the Clerke nominated by the Patrone elected and ordayned by the Presbyterie shall haue idemius ad Ecclesiam in Ecclesia which in formeâ— times the Clercke presented by the Patrone and instituted by the Bishop was wont to haue If any suite in law happeÌ„ for the right of Patronage betwene two or moe PatroÌ„s If suite fall out betwene two patrons what then may bee done pretending title to the gift of one benefice It seemeth that this suit might haue far easier and more speedie way of triall by some other writt then by the writ of quare impedit for vpon this writ many times by negligence or vnskilfulnes of the Aturneyes it falleth out that one of the parties is driven some times to sitt downe by great losse and not to haue his title tried at all onely for want of some ceremoniall forme not observed in the pleadings of the cause And therefore both Patrones within the time to be limited by the Kings writ having nominated their Clerkes to the Presbytery as heretofore they presented to the Bishop we leaue it to be considered whether it were not meet and convenient that the Presbitery should wholy defer the election ordinatioÌ„ of eyther their Clerks vntill the right of patronage were finallie adiudged before the Kings Iustices at the common law vpoÌ„ which iudgment passed they might then without scruple or impediment proceede to the full election ordination of that Patrones Clerke for whom the iudgment was given By which maner of triall if the action might bee brought in the namâ— of Patrone against Patrone the Clerkes should not onely be freed from much obloqui wherevnto they are now subiect by prosecution of suites at law one Clercke against another but also they should bee exempted from all expence labour and turmoile with which heretofore they haue incumbered theÌ„ selues to the hinderance of their studies and decay of
their estates by pursuing the Patrones title at their owne charge Neither might the occasion of suite about the right of Patronage be any lett or hinderance that the Church in the meane time should be left as a Widow destitut of an husbaÌ„d For any one of the Clerkes nominated by either of the Patrones might be apointed by the Presbyterie to preach the word and publickly to pray vntill the controversie were ended And out of the fruites also of the same Church remayning in the custodie of one of the Patrones or sequestred by the Kinge to the vse of the next incumbeÌ„t he might haue such allowance as were requisite for the time of his continuance in that place And for the Sacraments if any were of necessitie to bee administred some other Minister neare adioyning might be provided to administer the same as in many places it hath bin and is now daylie vsed in like cases of vacancie That the Patrone should bee curbed with two hard a bridle as being barred The curbing of a patrone with to hard a bridle answered to fetch his Clerckes from any other place then froÌ„ the Vniversities or other Schooles and Nurseries of learning is a matter if it be well weighed of lesse importance then the Admonitor would insinuate the same to bee First it is not of necessitie required that all Patrones should at all times fetch all their Clerks from those places not froÌ„ else where For many times it may happen vpon iust cause for the benefite of the Church that a Clerke already ordained and placed in one Church may bee remoued from the same to another But only the meaning is according to the lawes and canons already setled that the greatest parte of the Patrones Clerckes must of necessitie bee called thence because they can not ells where bee had Now then whereas the law intendeth euery Church to be a wife and to haue an husbande to be a body and to haue an head the lawe as a parent vnto the Church hath provided vntill shee bee a widow in deed that no husband be provided for her And therefore by sundrie as well ancient Decrees as by Canons of Ex de prebend c. tuiâ— lib. 6. de prebeÌ„d si Episcopus Discipline made and published by the Bishoppes 1571 it is decreed and confirmed That the Bishoppe shall lay his handes on none or at anie other time but when it shall chaunce some place of ministratioÌ„ is voyd in the same Diocesse As for stipendarie Curates it is expresly against the policie of our Church that any should bee ordeyned a Minister to serue onlie as an hireling From which Decrees and Canons alreadie setled as I sayd before it followeth for the most part that the Patrones Clerkes to be ordained of necessitie must be called from the Vniversities or other places of learning For if every place of ministration be full and none must be made a Minister vntill some place be voyde then albeit some patrones vpon good causes to be allowed by publick discipline might be permitted to nominate some Clerkes alreadie placed in administrations Yet in the end as well the patrones of those Churches from whence these are to bee remoued as other patrones also manie benefices at one time beeing voyde must of necessitie seeke out men to bee ordeyned which never were ordeyned to the ministerie before And where are these to be sought if not onelie at the Vniversities or other Schooles Nurseries of learning For that prophetes in the ordinarie time of prophesying shuld be taken from the feete of the Apothecaries Taylors Drapers Milners Mercers Prophets in the ordinary time of prophesying to be taken out of the Scholes of Prophets or from the butry pantry kitchen celler or stable of any Bb. Peere Knight or Gentleman and not from the feete of the prophetes is a thing abhominable and odious vnto God and man Wherein theÌ„ doth this platforme in this point of fetching Ministers onely from the Vniversities or other places of learning differ from the intendement of lawes setled Or wherein can the patrones receyue any detriment by such a practise Nay they are so farr from receiuing anie The differeÌ„ce betwene the platform and the Bishopps practise preiudice hereby as indeed both they their Clerkes shall reape great commoditie by it Wherin I grant some discrepance to consist betweene the Bb practise and this platforme For the Bb. at one time allowe a Clerke for habilitie and at another time dissallowe the same Clerke for non habilitie And him whoÌ„ they haue ordeyned and adiudged to day worthie of an office they manie times disordayne him to morow and refuse him as a person vnworthie to possesse a benefice Whereas on the contrarie part we thinke it verie absurd vnreasonable to barre any man from a benefice whom the Governours of the Church shall iudge worthie to beare an office So that the Patrone by this platforme should be sure if at any time hee nominate a Clerke alreadie ordeyned that the same Clerke vnlesse it were for crime or some defect after happeninge should neuer be refused And if such be the lawes liberties of the Ordinaries what alteration of the law or preiudice to the Patrone could it be if by a newe law the King provided new meanes to put his old lawes in due execution If vpon difference of iudgement anie variance should arise betweene the Ministers Vpon differeÌ„ce of iudgment about the abilitie of a Clerke what may be done appointed to elect and ordeyne whiche of the Patrones Clerkes were most worthie the same diuersitie we assure our selues can breede no greater inconvenience nor further daunger then doth now daylie fall out in the election of schollers fellowes heades of Houses in the Vniversities or of other Officers in Colledges Cathedrall churches and bodyes politicke or corporate As those controversies therefore haue bene and are appeased by the good orders lawes of those places eveÌ„ so might these also And therfore some good law might be made to this effect viz. If any foure of the seven did agree togither vpon anie one Clerke nominated by the patrone that the same foure should strike the stroke and make the election good against the other three Neither doe we thinke it to stande with reason that the Archipresbyter or any other Minister among the seuen should necessarilie be of the quorum For if any one of the seuen should necessarilie be of the quorum theÌ„ having as it were a negatiue voyce against all the rest if he should bee wayward and apt to contention hee might then alwayes frustrat the election either by opposing him selfe to all the rest or by inclining to the lesser worser part as lately came to passe about the electioÌ„ of a Scholler among great Doctours If A Clerke refused for nonabilitiâ— to whom the nomination may devolâ—â—e both the Patrones Clerkes should bee disabled by those vnto whom the iudgment of their nonhabilitie
then what force is my Lo. of Ca. iudgement who supposeth it vnlawfull for the Church to excommunicate a Prince to bee against him selfe for in the 137. page he telleth vs that happely it may be a fault yea a great fault that is found with the Bishops in these dayes that they doe not excommunicate the Prince and Rulers and so constraine them to doe that which by perswasion they will not doe If then excommunication bee so terrible to Princes and Rulers howe should it bee of so light accompt with subiects And if it bee so powerfull as it can constraine Princes and Rulers to do their duties how much more fearefull would it be to compell inferiours and men of low estate to liue soberly in their vocations I will not here debate the matter touching the excommunication of Princes Rulers much lesse touching the excommunication of the Prince and Rulers of our lande But I would gladly bee informed what they were or who they be that found great fault with the Bishoppes in these dayes for not endeavouring to excoÌ„municate the Prince and Governours The Papists they thinke it sufficient that the Prince and Governours be excommunicated by the Pope his Clergie The Ministers and people professing the Gospell and seeking for reformation of excommunication deny the Bishops to haue any divine power granted by the word of God to excommunicate a private man much lesse doe they thinke it lawful for them to excommunicate the Prince and Rulers Who then I say find fault with the Bishoppes that they doe not excommunicate the Prince and Governours and so constraine them to doe that which by perswasion they will not do For my part I caÌ„ not guesse whom he should meane vnlesse he ment to giue vs to vnderstand that some Prelatists haue consulted about the excommunicating both Prince Governors for not making sharper lawes against such as whom the Prelates and their favourits haue falsly slaundered to be pestilent fellowes movers of sedition enemies to Caesar troublers and subverters Act. 24 5. Act 1. 16. 20. 17. 6. of the state puritanes and I whot nâ—t what chiefe mainteyners of the sect of the disciplinarians vnlesse I say hee should minde some such Prelatists I can not guesse any subiects within the land to be so vndutifull as to find fault with the Bishops for not attempting to bring our late Soveraigne Ladie the Queene deceased to theit excoÌ„munication And therefore to enforme the people of an Author and not to bring him foorth it argueth breadeth great suspicion that the enformer was the author himselfe Touching the loosenesse of some or of all in these dayes that are without the ExcommunicatioÌ„ toucheth them only which make professâ—on to be of the church Church if hee intend that they require discipline of sharper lawes by punishment of body and losse of goodes then excommunication and that they will more feare that maner of punishment I hold and affirme therein as he holdeth and affirmeth and yet I say that to the matter in question he hath fitted no other answer then as if he had answered a poke full of plummes or a buchet ful of peares for the controversie is not concerning those that are without but concerning those that are within not touching those that are not of the house-hold but touching them that are of the house-hold of faith and of God As for the first sort of which people the reverend Bishoppes with good leaue may procure what sharpe punishment they can devise for by the Church excommunicated they should never bee For how should any be thrust from the communion of the Church who neuer were in communion with the Church But it is to be feared that this sharpnes of punishment is not vrged so much to be inflicted vpon them that are without as vpon them that are within the bosome of the Church For though such as be without did a long time scorne sett naught by the sworde of excommunication whiche was not onely drawne out by the Chauncelours Commissaries and Officialls for every crust of bread and for every piece of bacon but also which was agayne put vpp for everie cracked grote and for everie Irish harper the reverend Bb. whose freehold by such coÌ„tempt was not touched were pacified and contented them selues well ynough by inflicting and releasing that manner of punishment but now for so much as they perceyue the children within the church to beginne seriously and religiouslie to stande against the vse of Lordlie and humane censures for the Crown Scepter of our Savior Christ and that the statelines of Prelacie must be taken one hole lower if the simplicitie of the holy ministerie bee exalted a degree higher they pretend Discipline by excoÌ„munication which is the sword of the sonne and heire of God to be too bluntlie pointed and too badlie edged to foyne or to strike withall Touching that very good manner of Discipline by the Ecclesiasticall commission which he saith hath done and doth daylie much good and would doe more if it were more common the people whom hee admonisheth haue iust cause of being desirous to vnderstande what manner of Discipline it is whiche Not one manner of Discipline vsâ—d by the ecclesiasticall coÌ„missioners is so highlie commended For all men know that the ecclesiastical commissioners vse not in all places and at all times one and the selfe same manner of Discipline For the same Commissioners for the same kinde of offences sometimes suspend sometimes depriue sometimes degrade sometimes excommunicate sometimes fine sometimes imprison sometimes commaund this penance sometimes that Nay sometimes having convented before them graue learned and godly Ministers for crimes supposed This Discipline was practised against maister Cartwhright Fenner Whight L. 〈◊〉 and others to be Ecclesiasticall for the same pretensed Ecclesiastical offences having deteyned them some yeares in durance for refusall of the oath ex officio in the end not having any other supposed iust cause of inflicting any punishment vpoÌ„ them by ecclesiasticall authoritie haue bin forced for a shewe to mainteyne their owne credites to cause accusations to be framed against theÌ„ by the Quenes Attourney in the high Court of Star-chamber as against violators of the dignities of the Royall Crowne whose innocencies by the verie witnesses produced by their meanes on the behalfe of the Queene haue notwithstanding bin fullie cleared from the faultes obiected and the Ministers discharged without any ordinarie punishment vsually infflicted by that Court vppon malefactours Nay further when the Ecclesiasticall Ecclesiastic discipline vsed by the high Commissioners against Ma. Vdall Commissioners had committed Maister Vdall to prison where hee remayned halfe a yeare for refusall of the oath ex officio touchinge his knowledge of the Author of a booke entituled The Demonstration in the end he was deliuered over as a fellon for makinge of the same booke and for the which hee was arayned and convicted and so died in prison
insinuate your selves into their companies you have tabled and boorded with the same parties and that you or one of you have bene heeretofore coÌ„vented for the causes aforesaid before the now lord Archb. his grace for enterteyning into your house a person whiche stood then and yet standed suspended deprived for disliking the booke of common prayer and other godly orders established by her Maiesties authoritie in this Realme Item we obiect vnto you the said G. B. and L. yourwife that you have not frequented divine service celebrated within your parish Church of Bothese vi 5. 4. 3. 2. or one yeares last nor doe not at this present at least every Sunday nor have receyved the holy Communion within your said parish Church during the saide yeares Quere whether the Bishop did not more offend the lawe of God by preferring these articles then the Gentleman did by procuring his children to bee Baptised by a preaching Minister having none at home Item that you the saide G. B. and L. your wife within the time aforesaid haue not Christened nor baptized your children within your parish Church but contrarie to the forme and order of hir Maiesties lawes in that case provided have eyther christened them at home privatelie in your owne house or have caried or caused them to be caried to other Churches And let them declare what Church and what Minister did baptise them and where and whether the same Minister did at the same baptisme signe the childe with the signe of the crosse and lett them declare the cause why they did baptize their children out of their parish Item that the Ministers pew or seate in the church of B. aforesaid by the directioÌ„ Note that the Bishop of L. was not Bishop of the Diocesse of the L. reverend Father in God the Bb. of L. that now is being at the same Church as also by the consent of the Minister and Church-Wardens there was placed in a verie convenient place of the Church to the end the parishioners there might the better heare and vnderstand the Minister at the time of reading the divine service Item we obiect vnto you that you the said F. B. within these vi or 3. monethes last past have without anie sufficient warrant or commaundement from the father in God the Lord Bishoppe of L. or his Chancelour or other having authoritie therein very disorderly and contemptuouslie remooved the same seat to the great offence of the parishioners and bad example of others Item we obiect vnto you that you know beleeue or have heard say that Za. G. is a Preacher of the word of God and a man of good life and conversation lawfull Parson of B. aforesaid Item we obiect vnto you that the premises notwithstanding you the said F. B. vpon a Sunday within a quarter of a yeare last past when the Parishioners of B. were assembled together at the saide Church to heare divine seruice caused divers serving men and others to sit in the pew or place which properly belonged to the Parson of the said Church so that when the saide M. G. came to take his place they thrust him and very disorderlie in the time of prayer kept him out of the said place Item wee obiect vnto you F. B. that about six yeares past you the saide F. brought into the Towne of B. a bastard child as it is credibly thought of your owne and there placed it at nurse and haue lately receyved it into your owne house to the great offence of the inhabitantes there and the bad example of others Et obijcimê° cu m duê° de quolibet Subscribed c. Wherevnto in the foote of these articles was added Maister B. I pray you let this matter be followed ex officio and the parties presently to be sent for by warrant Subscribed c. Now these Gentlemen according to the Bishoppes direction being presently sent for by a Pursevant to aunswere the articles obiected they foorthwith make their repayre to the Archbishop with a copie of the articles with whom they finde such grace as in their behalfe immediatly hee writeth to the Bishoppe as followeth SAlutem in Christo My very good Lorde I haue by meanes received these articles enclosed signed by your Lordsh hand and can not but greatly merveyle that contrary to the orders of the commission Court subscribed by your selfe the rest of the CoÌ„missioners you would cause a Gentleman of such a qualitie as Maister B. is to be sent for by a Pursevant before the ordinarie processe of a letter missiue Note that the signe of the crosse in Baptisme by an Archb. opinion is but of smal moment that suspicion of bastardie may easilie be dismissed were served vpon him especially for matters of so small moment Neither will it bee thought to proceede of any iust cause but rather of some other misconceyte when it shal be vnderstood that there is a controversie in lawe elsewhere depending betwene him and a kinsman of yours And therefore for the avoyding of his further complaint and other offence that may grow thereby I heartely pray your Lordship to suppresse the same and proceed no further therein Desiring you withall to haue due consideration of the cause least I be enforced to deale likewise in the defence of my kinsman as you doe for yours And so praying your Lo. Note that the 17. of Octo. was the Saboth day at what time the Archb. D. C. and D. B. sitting as Commissioners thâ— Archb. took pen inke and crossed the articles all overthwart and so sent them backe with this letter to returne vnto me aunswere herevnto what you meane to doe with my very heartie commendacions I commit you to the tuition of Almightie God FroÌ„ c. the 17. of Octo. c. Subscri c Vnto which letter also was added as followeth Maister B. I pray you according to the tenor of this letter to see that this cause of M. G. and F. B. bee dismissed from thence and if any be bouÌ„d to prosecute the cause against them let them vnderstand that I meane to heare it at c. otherwise let it wholie be dismissed and the bandes delivered The Bishoppes aunswere to the Archbishops former letters MAy it please your grace to vnderstand that I was the more willingly drawen to sende for Ma. B. in that sort because he was oft and of long time accused not only to be a disordered man him selfe but also a great and open mainteyner and carier from place to place of that wrangling puritane W. And as it is to bee prooued a refrainer from his church and from the CoÌ„munion as I am enformed And therefore if we haue omitted any circumstance or ceremonie it is in zeale of the redresse of such a disordered person Which if it should be fouÌ„d in your own brother I thinke your grace would not spare him Neuerthelesse if you yourselfe take it in hand to his redresse I for my part
represse Puritanes in one Parish then Maister D. Stanhope alone to represse all in a Diocesse in Holborne and that hee had chosen Maister Harsnet to bee his Curat and withall that Mai. Dodge Ma. Merbury Maister Flower and Maister Brisket all cheefe attendants on his late great Lord and Maister were inhabitants within the same Parish that the chiefe men of the same Parish had chosen those to be assistants to him and to his Curat for the inquisition of the demeanours of all the Puritanes and Precisians within his Parish let this I say bee supposed would not hee and they trow wee thinke it a high scorne and an indignitie to be offered vnto their Maisterships in case it should bee insinuated that Maister Doctor Stanhope were better able with one litle blast of breath vpon a peece of paper to blow away all Puritanisme out of the Citie and Diocesse of London then these great Chaplins and discrete gentlemen with their thundrings and with their lightnings were able to fright the same out of one poore Parish in Holborn And againe to make this matter yet a litle more familiar to the minde of the Reader let vs suppose againe that thundering Mai. Merburie now Lecturer in in the church of Saint Mary Oâ—eris were Pastor of the same church had to be his assistants in the Ministery but simple M. ButtertoÌ„ that they two for the Elders of the same Church to be chosen by the Parish had such and such and such and such men louers of all honestie and godlines and enemies vnto all dishonestie and vngodlines could not these learned and graue Ministers with the assistants of such wise godly Borough-maisters be as well able to reforme Papists Atheists swearers prophaners of the Sabaoth Drunkerds adulterers and such like within the Borough of Southwark as is Maister Doctor Ridley to bring to any good amendement of life all such kind of persons within the whole Diocesse of Winchester If the examination and iudgement of all theeueries pickeries burglaries robberies murders and such like were committed to Maister Doctor Ridley alone for the Diocesse of Winchester and to Maister D. Stanhope alone for the Diocesse of London were it not like that for one such malefactor as there is now we should shorthly haue an hundred And therefore to hold vs still to the point in question it is very plaine and euident that this manner of spirituall Iustice mentioned to be executed by the Pastors and Elders is more correspondent to the administration of civill Iustice in the common weale then is that manner of the execution of spirituall Iustice by Doctor Stanhope or Doctor Ridley by the Bishop of LondoÌ„ or by the Bishoppe of Winchester For to begin with our meanest and basest Courts let theÌ„ shew vnto vs any Court Leete Law-days or Sherifs turnes within Matters in Leets and Lawdayes not ouerruled by one alone any Countie Citie Towne Borough Village or Hamblet within the Realme wherin matters of civil Iustice are heard examined and adiudged by one man alone If for the common benefit of the Tenants against incrochmeÌ„ts ouerlaying of coÌ„mons wast nuisances or such like any payne is to bee offered or presentment made the same is not set or made by the Steward Sherif or other Officer alone but by the commoÌ„ voice and consent of all the homagers and suitors to the Court The Steward indeed is the director and moderator of the Court the giuer of the charge and the mouth of the whole assembly to pronounce and enact the whole worke of their meeting but he is not the only inquisitor the presentor the informer or the Iudge to dispose all things according to his owne discretion Besides matters of the Kings peace are not committed in any Countie or other place within the Realme only to one Iustice of the peace alone For neither at the generall Breaches of the Kinges peace not punishable by one alon Sessions of the peace nor at any other lesse publike meetings any person for any offence whereof he standeth indighted or for which he is punishable can be fined amerced or bodily punished at the discretion of one Iustice alone but by the greatest part of the Iustices assembled his penaltie is to be imposed vpoÌ„ him Furthermore this manner of the examination of the fact and declaration of the law for the triall of the fact and iudgement of the lawe doth not reside in the brest of one Iuror or Iudge alone In the Courte of the Kings Bench if a prisoner bee brought to the Barre and confesse not the crime Iustice in anie of the B. Courts is not executed by one Iudge alone by the Iustice of that Court hee can receaue no iudgement vnlesse he be first indicted by inquisition of 12. grand Iurors at the least and afterward againe be tried by other 12. brought iudicially into the Court face to face Yea in this Court neither the interpretation of the common law nor the exposition of any statute dependeth vpoÌ„ the opinion credite or authoritie of one Iudge no not of the Kinges chiefe Iustice him selfe alone for his other three brethren and Co-juges varying from him in point of law may lawfully over-rule the Court. The same maner of iudgement for the law is in vse and is practized by the Iudges in the Court of common Pleas and by the Barons of the Exchecquer in the Latin Courte of the Exchecquer And not onely in these Courtes of lawe and In the Courts of Equitie are many assistances Iustice but also in all the Kings Courtes of equitie coÌ„science it is not to be sene that any one person alone hath any absolute power without assistants finally to order iudge and decree any cause apperteining to the iurisdiction of those Courtes In the Courte of Requestes there are not fewer then two Court of Requests yea some times three or fower with Maister of Requestes in commission to heare and determine matters of equitie in that Court. In the Courte of Wardes and liveries there sitteth not onely the Court of Wards Maister of the Wardes but also the Kinges Attorney the Receaver and other Officers of the same Courte In Court of the chequer Chamber the Courte of the Checquer-chamber with the Lord Thresorer who is chiefe and President of that Councell yet with him as assistants doe sit the Chancelor of the Exchequer the Lord chiefe Baron and the other Barons Whatsoever decree finall is made in the Kinges High courte of Chancerie high Courte of Chancerie the same is decreed not by the Lorde Chancelour alone but by the Lord Chancelour and the high Court of Chancerie wherein the Maister of the Roles and the twelfe Maisters of the Chancerie as coadiutors doe sitt and giue assistance In the most honorable Court of Starre-chaÌ„ber the Court of Starre-chaÌ„ber 3. H. 7. c. 1. 21. H. 8. c. 20. Lord Chancelor the Lord Thresaurer and the President of the Kings most