which scepter subdueth people vnto vs and the nations vnder our feet Moreouer speaking of hir Maiesties souereigntie in causes ecclesiasticall he saith The head Christ is pulled downe and the hand of the magistrate is set vp But as we haue now séene their ioint accord in taking from princes and throwing them downe from that power in ecclesiasticall gouernement where with all God hath adorned them so let vs consider how much naie hold little some of them doo attribute vnto princes in this behalfe For although our Abstractor who can temporise and plaie the part of a politike proctor of Presbyterie patrones a Pag. 92. dooth saie That hir Maiestie is a souereigne a sole and a lawfull gouernesse in all causes and ouer all persons ecclesiasticall yet other of them whome he loues and likes full well I dare saie doo b T. C. giue authoritie vnto princes to make ecclesiasticall decrées onlie when there is no lawfull ministerie Notwithstanding others of them c Admo 2. pag. 8. 57. thinke they may yéeld no further power vnto princes than to bind them to the restoring of their ecclesiasticall presbyteries that after that once performed they themselues may make vp their church-orders according vnto which the reformed churches in France doo attribute no more to the ciuill magistrate here in but d Art 24. de la discipline du France that Where the ministers doo saile in dutie there he must endeuour to cause them to be admonished according to the order of the discipline that is by the Consistories the Conferences and Synods either Prouinciall or Nationall Therefore e Danaeus par 2. Isag li. 2. cap. 17. one of them saith that This is the interest which good and faithfull magistrates haue that if they be present at the first nomination and election of ecclesiasticall persons yet they ought not to rule there For they may not nominate to the people or senate ecclesiasticall the persons to be chosen But a Ibid. ca. 19. in another place he confesseth that in old time the kings consent was required to be had vnto the Bishop which was chosen Bernard epist. 170. c. Reatina dist 63. before he was presented to the people And in the same place he addeth That when the Bishops See is void the prince ought not to enjoy the fruits of the Bishoprike Which saith he though by the royall prerogatiue it be obserued in France Yet Bernard epist. 224. dooth iustlie find fault with it because the said fruits might better be disposed of to the nourishment of the poore Yet one of our b Disciplina ecclesiast owne men dealeth a little more liberallie and saith Herein there is something proper and peculiar to the magistrats that they by their authoritie may order the state of the church at first and so preserue it being once ordered according to Gods will So that their meaning séemeth to be this that the prince must lend hir authoritie for the establishing of these their deuises and sée that no man interrupt them in their gouernement from time to time and so surcease and submit hir owne Highnesse and hir scepter in all church mattes to be ruled by the substantiall honest men and the minister of the parish where it shall happen hir Maiestie for the time to remaine For otherwise c T. C. 2. repl pag. 165. one of the chiefe of them is peremptorie and resolute that the prince hath not nor ought to haue any ordinarie authoritie for the making appointing or determining of any ecclesiasticall causes orders or ceremonies Whereby it may appeare that this whole sute of them doo agrée herein iust with the Papists who doo attribute vnto christian princes Power of fact but not of law and authoritie to Promote and set forward but not To appoint or intermedle with making of ecclesiasticall orders And yet forsooth they doo tell vs in great earness d Admon 2. pag. 2. that There is nothing in their bookes written of this matter that should offend any which either be or would seeme to be godlie Now about those that are to be implosed in this new kind of church gouernement there are diuerse opinions for the Discipline of France dooth a Des professeurs en la discipl de France mention certeine Regents and also Professors in diuinitie which may be called when a question about decision of any point of doctrine dooth arise neither of which persons or offices are mentioned in anie of our platformes that I remember Againe our b Admon 1. pag. 9. men doo make ministers to be of two sorts the one pastors and the other doctors so that both these two must concurre as necessarie members wherevpon with the elders and deacons their presbyterie must be raised but c Du Baptesine art 3. La discipl de France the Discipline of France maketh not a distinct person of the pastor from the doctor but noteth them as two seuerall properties incident according to the doctrine of S. Paule to be in a minister and preacher of the word And that is also the iudgement of Bullinger vpon the 4. to the Ephesians Also our reformers make the doctor to be the second man in their presbyterie yet d De eccles cap. 14. Bertrand affirmeth he ought to haue no place there except he be called by the rest as an Assistant e Admon 1. pag. 9. 11. Likewise our men with vs doo hold that deacons are to be placed in their consistories and presbyteries but the f Ibidem said Bertrand assureth himselfe they haue no place of dutie in that assemblie And such also is the practise of the church of France g Du consistoire art 4. le discipl d◠France where they decree thus The ministers of the word of God and the anciens doo make the consistorie of the church ouer which the said ministers ought to be praesidents and yet neuerthelesse the deacons may giue assistance to the consistorie for aduise vnto it so that they allow them a voice consultatiue but not decisiue in their church gouernement Furthermore our innouators will needs haue the deacons tied to the prouision for the poore so that without great impietie such a function in them may not by any other deuise whatsoeuer be altered yet h Simlerus fol. 752. in the reformed church of Zurike certeine late men without any imposition of hands are monethlie chosen for that purpose and haue the managing of the church stocke a T. C. pa. 192 Some of the principall inforcers of this new gouernement will néeds haue an order of widowes in their church plat And b Dane part 2. Isagog lib. 2. ca. 11. another of their fauourers though he setteth downe no necessitie thereof yet he thinketh it verie commodious to be reteined yet c Eccles discipl pag. 219 other of them not meanclie accompted of would persuade vs as he may herein easilie doo that they neither are necessarie
is vtterlie false therefore I conclude against pluralitie men thus 1 Whatsoeuer is established distinguished by the Lord himselfe the same may not be taken awaie or vnited by man 2 But Churches that is to saie assemblies and societies of the Lords people pastours of these assemblies liuings for the pastours of these assemblies are established and distinguished by the Lord himselfe 3 Therefore Churches that is to saie assemblies of people pastours liuings for pastours may not be taken away or vnited by man THe Minor proposition of which Syllogisme to euerie man not minded to cauill at these words Established and Distinguished is infallible and not to be denied for though boundes and limits of certaine Parishes are bordered out by man and that a certaine number of people called to make one congregation and to heare at one time in one place one certaine pastour be at the rule and disposition of man yet that these things should be thus done is the speciall commandement of the Lord. Moreouer when as this thing shall be once thus performed by man according to the Lordes commaundement it shall be is lawfull for man againe where the congregation is too great to make Pag. 124. the same lesse and where it is to little to make the same greater in this sense I graunt that as it is lawful for man to establish and distinguish so it is lawfull for man to take awaie and to vnite Churches and liuinges But because this is not the meaning of pluralists for that they will haue one pastor to be placed ouer manie Congregations and manie Congregations to finde one pastor manie bodies to haue one head and one head to haue manie bodies manie flocks to haue one shepheard and one shepheard to haue manie flockes Therfore mine argument without anie cauili remaineth firme against them And for these considerations as before so againe I denie the consequence made by plurified men for the possessing of many benefices by one man For though by coulour of lawe they pretend right vnto them yet the lawe indeede yeeldeth them no such aduauntage because dispensations for manie benefices and Parish Churches with cure of soules generallie graunted are and ought by lawe to be vtterlie volde and of none effect as partlie hath bene prooued and more at large appeareth by that that followeth Dispensatio Glos 1. q. 7 c. requiritis est iurâ—s communâ—s relaxat to facta cum causae cognitione ab eo qui ius habet dispensandi A dispensation is a relaxation or release of common right graunted by him that hath power to dispence hauing first taken knowledge of the cause thereof that is hauing considered whether there bee iust cause to mooue him to graunt a priuiledge or dispensation against common right or no. By which definition it is euident that Dispensare is diuersa pensare nam omnia quae ad causâ— cognitionem pertinent pensare debet qui dispensari vult To Dispence is to ponder diuerse things for hee that will Dispence ought to weigh and to consider all those things which pertaine to the knowledge of the cause In which descriptions three things are principallie requisite and necessarie First the person or iudge that hath authoritie to dispence Secondlie the causes for the which dispensations may be graunted And lastlie an examination or discussion of those causes Pag. 125. So that if anie dispensation or facultie whatsoeuer shall bee graunted either A non Iudice by one that is no Iudge either without a lawfull cause or lastlie without a speciall tryall and sifting of that same lawefull cause before it passe euerie such despensation by a necessarie consequence is meerelie voide because euerie such dispensation agreeth not to the definition of a Glos extrauagant de prebeÌ„d dispensation and therefore cannot bee the thing defined Concerning the partie that hath power and authoritie to graunt dignit c. execrabilis ver vltima H. 8. dispensations and to take knowledge of the lawfulnesse of the causes requisite to make dispensations good and auaileable the same in this Realme is the Archbishoppe of Canterburâ—e and vppon his refusall then such as her highnesse shall appoint to that office according to the forme of a Statute prouided in that behalfe And therefore touching his person thus appointed to bee Iudge I conclude from the generall to the speciall as before that because the positiue lawes of man against pluralities are all grounded either vppon the lawe of Nature or vppon the lawe of God And because as the lawes of Nature and the lawes of God are immutable so shoulde the same positiue lawes remaine stable and vnchangeable that therefore the Archbishoppe of Canterburie beeing a man hath no more right to giue a dispensation against the positiue lawes of man made against pluralities then hee hath to giue a dispensation against Glos extra de vot c. non est ver authoritate Extra dâ— conces preb pro. posuit versupra c. cum ad monasterium ex dâ— statu monacho the lawe of Nature or against the lawe of God For saith the Glose in one place No dispensation against the lawe of Nature or against the lawe of God is tollerable no not by the Pope himselfe As touching the causes wherevppon the sayde Archbishoppe or other officers shoulde and ought bee mooued by remitting the rigour of common right to graunt immunities and dispensations they are two foldâ— One consisteth Pag. 126. in the dignitie and worthinesse of the persons the other in the waightinesse of certaine speciall causes For in truth either the defect of the qualitie of the person or the want of a iust cause in Lawe dooth frustrate and make voide cuerie dispensation For neither can a man qualified and in all respectes capable of a Dispensation inioye the benefite thereof vnlesse hee may also inioye the same vppon a good ground and a iust cause warranted by Lawe Neither can a iust cause and good ground approued by Lawe bee sufficient matter to Vnto vvhat maÌ„ner of persons dispensatioÌ„s ought to bee graunted induce a Iudge to graunt a Dispensation to him that is vnable and vnapt to receiue the same A man well lettered singularlie qualified and endued with vertue and godlinesse or of some noble house and parentage is by Lawe a fit and meete man to inioye â—â—o benefices by Dispensation then one Neither is it a sufficient qualification for one destitute of learning to become a Chaplaine onelie to some Noble man For the Statute prouiding that some Noble mennes Chaplaines shoulde be made capable by dispensation to retayne â—â—o Benefices dooth not thereby take awaie the qualyties required to bee in such personnes by common right but addeth a newe qualitie requisite to be had of euerie one and so maketh the lawe stronger and of more efficacie against pluralities Statuta debent Panor in c. ex parte l. 〈◊〉 de verb. signifi fo 189. nu intelligâ— quod aliquid addant
such souereigne is the lawgiuer himselfe or by presumed intention that they which made the law meant to yeeld power of dispensing with the rigor and extremitie of it vnto him in all * Arg. ex gl §. fina l. tale pactum ff de pactis such cases as by likelihood and probabilitie they themselues would haue dispensed with if they had bene in particular it ie opened and recounted vnto them at the first establishing of it But an inferiour vnto whom anie such authoritie is expresselie yet without full power and authoritie committed is to follow in all points the direction of his commission or where the same is defectiue the common positiue law concerning the ruling and guiding of such dispensations And this same presumed intention of the meaning of the lawemakers is the most proper cause that in my iudgement can be assigned generallie of euerie dispensation of this qualitie and condition Now when a c. si quis culpatur 23. q. 1. c. in pres de renunciat gl in c. ad aures de temp ord in c. 2. de maior obed Cynus Bart. in l. fin C. Si contra ius vel vtil Fely nu 60. Dec. nu 24. in c. quae in cccle Ext. de constitut a souereigne prince dooth dispense with any positiue law of man the lawe teacheth vs to intend and presume both that there is a cause why he should so doo and that the same cause is iust and sufficient insomuch that b Anchor cons 288. Fulgos cons 143. Loazes pag. 371. no proofe to the contrarie of this presumption may be admitted as some doo hold but if he doo dispense with such a law of man as hath some necessarie and neere coherence with the law of God or of nature as for example sake we may assigne lawes for distribution of almes and other beneficence to the poore godlie bequests and deuises of the dead vnto good vses without a good and sufficient cause in déed though both the dispenser and he which is dispensed with in vsing of it doo in the inward court of conscience and before God offend yet neuerthelesse that verie relaxation of the bond there of being onlie of man shall stand so farre foorth good and effectuall as that the acts c Fely vt supra nu 6. Bart. post gl in l. relegati ff de poenis which by vertue thereof are doone shall be in the court of man auailable and not to be impugned Yea by the opinion of some verie well learned such acts doone shall be of force d Syluest rer Papa que 15 euen in the inward court of a mans soule and conscience For example wherof they bring a dispensation granted without any cause for the mainteining and sirengthening of a clandestine matrimonie contracted which is condemned iustlie by the law of man vpon verie good and pithie reasons And howsoeuer both the parties themselues saie they haue offended therin first in so contracting then in vsing a dispensation vpon no iust ground and he also that shall condescend to dispense with it being mooued with no good reason therevnto yet the matrimonie shall be of force and the issue thereof is in both courts legitimate And whereas a Fortun in l. Gallus §. quid si tantū ff de l. post some doo seeme to be of contrarie opinion héerein which thinke such a dispensation granted without cause not to enable any act to be of force which is done by vertue thereof their opinion is thought not to be sound except it be vnderstood of an inferiour that shall by commission haue a limited and not full authoritie from the souereigne to dispense b Innoc. in c. cum ad monasterium de statu regulaerium in c. dudū 2. Ext. de electio bicause such a dispensation from him cannot be of any validitie either in the one court or the other except it be warranted as procéeding vpon some good cause For we are not by law to presume and intend for the goodnesse and sufficiencie of the c Fely in c. que in ecclesiarum Ext. de constitut gl DD. in L. relegati ff de poenis est com opinion Loazes in loco citato cause for any dispensation passed by an inferiour not endowed with full power and authoritie vnlesse it doo so appeare indéed Now on the other side if he that hath authoritie be he souereigne or inferiour doo grant a dispensation without any reasonable cause about such a law as is méerelie positiue and hauing none immediate or néere relation vnto the law of God or of nature then albeit he in so dispensing d Ber. in c. non est Ext. de vnto Thom. 1. 2. q. 97. ar 4. dooth offend by breaking that right and equabilitie of the law intended to publike good and which is common to all in fauour of one yea and that without any iust cause of preheminence to him aboue other yet he that vseth such dispensation especiallie if it be without greeuous offense giuen and direct damage of others dooth not e Gl. in ver execrabilis Ext. execrab de praebend Fely c. ad audientiam 2. de rescriptis Gigas de pensi q. 6. nu 13. offend against a good conscience but may lawfullie inioy it bicause he is by the same authoritie deliuered from the bond of that law by the which he stood bound as is euident in the verie matter of pluralitie and dispensation which we haue in hand And according to these distinctions are all those things to be vnderstood which to like purpose here and there in this treatise as occasion was or shall be offered are by me vttered whereby the grounds and causes wherevpon all dispensations and exemptions may lawfullie and safelie be granted and vsed according to the more sound opinion of the best learned lawyers and schoolemen may partlie I hope with some plainenesse be discouered But if it should be asked in which degrée and sort of these three dispensations those for pluralities which by statute of the realme are committed to the Archbishop of Canturburie ought to be placed Truelie in consideration that both they and other dispensations by him to be granted are there so bounded for the matters themselues and for the persons though not for the maner of procéeding are so exacted of him to passe them where iust cause appeareth that if he shall refuse to dispense then this power and authoritie giuen by the whole church and the realme to him shall be deuolued ouer to others I cannot see but that they are to be reckoned either amongst those Dispensations of iustice which are conuersant about the positiue lawes of man or amongst such as be mixt of both 14. Section Pag. 129 130 131 132 133 134 135. HEere the Abstractor fansieth that he hath so battered vs with his canons that we must be forced to raise a rampier of our statutes to make vp the breach whereas in truth
without all ryme or reason They expound VVhere which is a worde signifieng place and referred to a place for VVhen which is a worde importing time But had this worde VVhen bene placed in steede of VVhere they might perhaps haue had some cloake for the rayne for so the worde VVhen and the worde Shalt might both haue had relation to the tyme to come Pag. 44 And yet notwithstanding this kinde of speech would haue bene but a harsh kinde of speech namely to say Take thou authoritie to preach when thou shalt haue authoritie to preach coupling the present tense with the future tense the tyme present with the tyme to come applying that to them selues but men which is onely proper and peculiar to the holy Ghost vsing the future tense and the tyme to come for the certaintie of the euent thereof in steade of the present tense and the time present But these words Take thou authoritie to preach the worde to the Congregation in the place where thou shalt be appoynted is a very proper kinde of speech and the words themselues carry with them a naturall sense As if the statute should haue precisely and absolutely sayd thus In what place soeuer thou shalt hereafter be appoynted to execute the office of a Minister thou hast nowe authoritie giuen thee to preach For in case this were not the naturall meaning of the statute they might well forbid the Minister to administer the Sacraments without speciall licence in writing or not to praye or not to fast or not to saye seruice or not to burye the deade and such like But there is more to serue their turnes and to helpe their cause in the law Canon and in the Iniunctions the law Canon being thus QVIA VERO NONNVLLI c. But because some Ex. de hareâ—â—â—excom § Quia vero vnder the colour of godlines denying as the Apostle sayth the power thereof challenge vnto themselues authoritie to preach whereas the Apostle sayth Howe shall they preach vnlesse they be sent all they which are forbidden or not sent shall besides authoritie giuen vnto them either from the Apostolike sea or the Catholike Bishop of the place publikely or priuately presume to vsurpe the office of preaching let them be excommunicated and vnlesse they speedily repent let them be punished with some other competent paine Pag. 45 The Iniunction being this Item that they the persons aboue rehearsed shall preach in their owne persons once in euery quarter of the yeare at the least one sermon being licensed specially therevnto Wherevnto I aunswere that this decree and this Iniunction requiring speciall licenses to preach And the Bishop by vertue of the foresayd statute giuing authoritie to preache cannot â—arre much and that one litle wrest will set them in tune their oddes is so small If I say vnto one by word of mouth Syr take here the keye of the gate of my pasture where my grey ambling gelding runneth open the gate bring him out take him to your owne vse I giue him you frankly hath he not as good a title and interest to my horse as if I had made him a bill of sale vnder my hande and seale And hath not the Minister likewise as well a speciall license from a Bishop to preach that is willed openly in the presence of God men and angels as he that hath a speciall license giuen him alone in a corner the one is pronounced solemnly in the middest of the congregation the other is done secretly by a Goose quill Moreouer neither doth the foresayd Canon neither yet the Iniunction require a speciall license in writing to the ende that the Minister should haue power thereby onely to preach For so should you take away the forme and order appointed by act of Parlement whereby authoritie is giuen to a Minister to preach and commit the making of a Minister to the Bishop without a congregation But the ende why a speciall license ought to be had is not so much for the partie himselfe to preach within his owne cure as for them that shall admit him to preach out of his owne cure And that appeareth manifestly by the eight article of the Iniunctions The words are these Also that they shall admit no man within any their cures but such as shall appeare vnto them to be sufficiently licensed therevnto c. And in the ende of this Iniunction it is expresly permitted to euery Minister to preache within his owne sure though he be not specially licensed therevnto Pag. 46 The words are these And that no other be suffered to preach out of his owne cure or parrish then such as shall be licensed as is before expressed Therfore a Minister to preach within his owne cure yea though he haue no license is commaunded In the time of Henry the 4. at what time Wickliffe preached the Gospell the very same lawes were established against him and his brethren to staye the course of the Gospell and yet were neuer any forbidden to preach in their owne parrishes as appeareth by that that followeth Let no man within this Realme or other the Kings dominions presume or take vpon him to preach priuily or apertly without speciall license first obtained of the Ordinary of the same place Curates in their owne parrish Churches and persons heretofore priuiledged and others admitted by the Canon law onely excepted And that no manner of person secular or regular being authorized to preach by the lawes now prescribed or licensed by speciall priuiledge shall take vpon him the office of preaching the word of God or by any meanes preach vnto the Cleargie or Layetie either in the church or without in Latine or English except he first present him self be examined of yâ— Ordinary of the place where he preacheth and â—o being found a fit person as wel in maners as in knowledge he shal be sent by the sayd Ordinary to some one Church or more as shall be thought expedient by the sayd Ordinary according to the qualitie of the person Nor any person aforesayd shall presume â—o preach except first he giue faithfull signification in due forme of his sending and authoritie that is that he that is authorized doe come in forme appointed him in that behalfe and those that affirme they come by speciall priuiledge doe shew their priuiledge vnto the Parson or Vicar of the place where they preach And those that pretend themselues to be sent by the Ordinarie of the place shall likewise shew the Ordinaries letters made vnto him for that purpose vnder his great seale Pag. 47 Let vs alwaies vnderstand the Curate hauing perpetuitie to be sent of right to the people of his owne cure Furthermore no Cleargy man or Perochians of any parrish or place within our prouince of Canterb shal admit any man to preach within the churches churchyards or other places whatsoeuer except there be first manifest knowledge had of his authoritie priuiledge or sending thither according to the order aforesayd
something to be recalled backe from their fantasticall breaches of the lawfull vnitie and vniformitie of this church too long by them vsed to the great animating of the papist and that none of his priuate hot apologies for them do giue anie sufficient colour of law or equitie to protect them dooth now thinke he shall be sufficientlie therfore reuenged by beating back one naile with another and by obiecting breach of lawe also vnto those graue Fathers whome hir Maiestie hath put in authoritie for reducing of others to conformitie of hir lawes ecclesiasticall Whose faults and ouersights if any such be as are supposed as they are not by themselues defended or by others to be excused so in christian charitie ought they not in this manner as Cham did his fathers nakednesse to be laid open and Quasi in scena insulted vpon to the thrusting through of religion by the sides of the ancientest learnedest and most godlie professors thereof Neither dooth it become euery triobolar mate thus couertlie to carpe either at hir Maiesties singular wisedom who with the aduise and assistance of hir renowmed wise Conncell hath made choise of those Fathers as hauing more integritie and sufficiencie than he is willing by any meanes to agnise or at the lawes of the land by parlement heeretofore established where they satisfie not his appetite not onlye disputing against them but ouer-ruling Quasi â—â—nsoria virga in what manner they ought to be altered according to his deepe iudgement or so dangerouslye to enforce so great innouation or yet so spitefully to sow seeds of dissention amongst the Great men of the land Which course of his if others should vpon this occasion begin to vse against himselfe and those whome hee so affecteth by setting downe out of their speeches preachings and writings grosse absurdities and dangerous errors in opinion and by theyr practise the vyolent breaches of sundrye lawes and statutes of this realme not committed vpon ignorance or frailtye but stoutly stood vnto and mainteined I do coniecture that both he and they would quicklye repent them for offering to put their matter to triall vpon such an issue But it is well knowne to children that although it is * 3. q. 7. c. quisine c. iudicet c. postulatus most conuenient for him to be free from blame who is ready to accuse or iudge another yet one mans fault is not any warrantise for another man to doo amisse and yet howe little hee hath found or effected of that which hee hoped for and Tanto cum hiatu promised the discourse following shall I hope in parte make manifest IN his Epistle to the Reader is pretended these paines of his cheeflye to haue beene vndertaken that By better execution of these lawes many and notable pointes of such controuersies as haue beene a long time amongst vs might more easilye and speedily by the same lawes he decided By which controuersies and contention about Reformation of Ecclesiasticall discipline and popish ceremonies he sayth The quiet and peaceable estate both of the church and common-wealth haue beene shrewdlye troubled and brought in hazard Surely though his wish of excommunication not to be inflicted by one alone would if it were expedient put some of them in a kinde of Paradise of obteining their souereigntie of seniors in euery parish the want whereof breedeth these threats of hazard to the common-wealth and which is the onely thing they meane by Reformation of ecclesiasticall discipline and the Helena which they contend for naie the popedome which they gape after as though no other course this now in vse being once abrogated could be taken or deuised but that yet can I not conceiue but their seniors which will sometime intermeddle vnder pretense of conscience or charitie with euery kinde of matter most ciuill euen to the reuersall of iudgements as is notorious where that consistorie is settled shall leese as much another way if all matters nowe handled in ecclesiasticall courts should * Pag. 234. according to this mans deuise as meere ciuill causes bee haled away from them vnto the temporall courts As for all the other points of the booke if this turbulent Tribune might of his absolute power inspire them with the life of lawes they would no more do good vnto his clients about their breaches or impugnings of the booke of Common prayer or for their hot skirmishing with the ceremonies of our church odiously by him termed Popish than 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or the smoke of a hot ladle would do good to a man that is hungrie And therefore herein he hath not otherwise than by tickling factious humors which are delighted to heare their betters girded any â—ot pleasured His brethren and neighbors for whose sakes hee hath atchieued this doutie peece of worke Another cause is alledged for the enterprise of this worke The defense of hir Highnes lawes How many of these by him brought are to be called in trueth hir Maiesties lawes in force remaineth to bee discussed But how agreeth this with that * Pag. 238. part of his booke where he calleth these hir Maiesties lawes and all The ecelesiasticall law popish to be abandoned and as a froth or filth to be spewed A contrarietie in the author out of the common-weale that hir Maiestie cannot gratifie hir capitall enimie so much as by authorising and practising his lawes that it were not a dodkin matter all the bookes thereof were laid on a heape in Smithfield and sacrificed in a fire vnto the Lord c. Such faults as these being 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 will seldome be wanting In multiloquio But I pray God send hir Maiesties lawes better patrones than such as in a published booke dare dispute against sundry of them father such for lawes as be not and which he himselfe in a generality dooth condemne and which fostereth and cherisheth manifest and wilfull breakers of hir Maiesties lawes in deed and also inueigheth bitterly against such as according to law and trust reposed in them by hir Maiesty do seeke to reforme and reclaime such offendors of lawe from their former contempts in despight of whom and in fauor of such wilfull law breakers all in this booke to haue beene written a man which hath but halfe an eye may easilie discerne and not In defense of hir Highnesse lawes as hypocriticallie is auouched neither yet for any Peace and prosperitie in the wals and palaces of Ierusalem which I praye God by other better meanes than this to grant to this church vnder the long peaceable and prosperous gouernement of our souereigne Ladye Elizabeth for his Christes sake Amen The Booke Pag. 1 2. WE read of some politike capteines of this our countrie that haue partlye vsed the arrowes shotte shorte at themselues against theyr enimies and partlye haue suffered them to sticke still to annoye theyr fyrst owners at the ioyning of the battell euen so our author is heere content verye politikely to alledge against vs the
Admitting a deacon neither yet there or in him is it necessarilie required but onelie it is said that The Bishop may vpon a sundaie or holie daie admit such a man so qualified as is there prescribed a deacon The other circumstances by the author set downe which he thought he might carrie awaie in a cloud with a streame of words as of Churches being destitute of a pastor of a solemne assemblie and conuocation of the cheefest of the gouernours of the church to be gathered togither in the cheefest citie of the diocesse to present c are required without booke by our author and are belike some Falsificatiō of the booke part of another platforme which he mistooke in stéed of this church of Englands order But if he inforce those words of the statute 8. Eliz. confirming the said booke And shall from hense-foorth be vsed and obserued in all places within this realme for the necessarie obseruation of euerie circumstance arbitrarie afore then must we desire him to rub ouer his logike and his law and to remember that herein we must Reddere singula singulis that such things as were of substance in the booke and such as were of circumstance or arbitrarie solemnitie are not hereby altered but are to be taken in that nature now as they were before in the booke As concerning the qualities requisit in one to be admitted a deacon I maruell he will number Follie in the author that which resteth in experience afterward and which the partie is to promise in time to come to performe to wit To be diligent in his calling as a thing to be weied before his admission And if by the circumstance of Calling he thinke may be inferred anie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or popular election or any other deuise whatsoeuer more than an inward good motion of the partie he may be conuinced sufficientlie by those words Shall present such as come to the Bishop to be admitted The circumstance of being presented by the archdeacon although at solemne and set ordinations it be most vsuall yet is it not of such necessitie but that it may as well be omitted as the Bishop may ordeine one alone when there is no more though the words of presenting doo run in the plurall number To which effect it is also said in the preface that the Bishop knowing either by himselfe or by sufficient testimonie any person to be a man of vertuous conuersation c may admit him c so that the circumstance of Presenting is not of any substantiall forme of the matter In reckoning the offices of the deacon our Falsificatiō author omitteth this limitation In the church where he shall be appointed also to baptize and to preach if he be admitted thereto by the Bishop and this likewise to serch for the sicke poore c Where prouision is so made as not seruing belike so fitlie his turne as he wisheth Whereby we may gather what libertie this man who findeth such fault with other for omitting such and so manie requisites as he fansieth dooth yet permit vnto himselfe to leaue out of his owne distributions 18. Section Pag. 32 33 34 35 36 37. OUt of a part of the forme of ordering priests in this section our author thinketh he hath obserued two Principall points for his purpose one that The minister chargeth himselfe to teach and instruct the people committed to his charge with the doctrine of holie scriptures and this he passeth ouer verie bréefelie The other which deserued with him a marginall direction is that The Bishop bindeth him as well to minister the discipline of Christ within his cure as the doctrine and sacraments of Christ c. and that therefore the minister may as well admonish denounce and excommunicate offenders within his charge as a Bishop may within his diocesse The first whereof perteining to teaching required of the minister although it prooue not a necessarie coherence of preaching with the ministerie séeing manie besides preachers as the father the maister and the housholder are to teach and instruct in godlinesse those who are of their charge yet is it more peculiarlie incident to the treatise here in handling than the other obseruation concerning discipline But shall we saie that this man is well aduised in seeking to inspire euerie minister with a power The authors contrarietie to execute all discipline in the church and that by law now in force when as in a peculiar treatise of this booke he laboureth to prooue that by law Excommunication by one alone is forbidden whereby he pulleth downe with one hand that which he built with the other and sheweth himselfe either verie forgetfull or passing inconstant And herevpon I would be resolued by the author or some other whether he thinke this endowment of euerie minister with the execution of all discipline admitting but not granting it to be so by law to be a conuenient policie for the vnitie and quiet of the church And whether he himselfe had not rather be vnder the forme now in practise in regard of his owne contentment than vnder the infinit dictatorship of his owne minister Or else whether should appellations from the judgement of the minister in this respect be allowed of and whether to the Bishop or to whome And whether the Bishop by this interpretation of law shall not reteine his authoritie of executing the discipline of the church vpon euerie particular minister and in euerie seuerall parish as aforetime seeing the author saith As well as the Bishop in his diocesse And if he shall what if the Bishop vpon good cause and for abusing of the authoritie shall suspend the minister from his iurisdiction of executing discipline Is he not at the same point he was at before And what if the Bishop himselfe dwell in the parish who shall then haue the preheminence And what if the ministers discretion serue him vpon some small or surmised cause to excommunicate some great péere or noble counsellor of his parish whose indignation may turne the whole church to great mischéefe Or to procéed against his patrone who peraduenture hath a bond of him to resigne As manie couetous coruorants and Nimrods haue in these daies whereby the ministerie is more enthralled to the corrupt deuotion of one man than by all the lawes that any waie may concerne them The author séemeth to me to diuide the discipline of the church which he would intitle euerie minister vnto into admonition denuntiation and excommunication If by denuntiation he meane the publishing of excommunication done by himselfe then is it a part thereof if as I rather thinke he meane the second degrée of procéeding vpon faults not publike specified in the 18. of S. Matthew then is this common with the minister vnto all other christians euen as admonition is being the first degrée And where the minister is the partie offended and hath not preuailed neither by his admonition in priuate nor his denuntiation before two or
haue a true church in England wherby it appeareth he taketh such for no Honest poore men nor the Lords watchmen which say we haue scarse the face of a true church in England Next he acknowledgeth Hir Maiesties lawfull and sole souereigne gouernement ouer all causes and persons whervpon may be gathered he was not well aduised afore in séeking The authors inconstancie to establish popular elections of ministers where vpon of consequence would follow as also no lesse is included in the generalitie of his proofs that Bishops and Deanes nominations shall be attributed also from hir Daiestie vnto the people nor yet when he made the contempt of obeieng hir Daiesties lawes concerning indifferent rites and ceremonies a commendable thing in them as procéeding Of conscience and of feare to offend GOD in any small thing For in what causes ecclesiasticall can hir Highnesse lawfull gouernement be exercised and bestowed if with a good conscience and without offense of God shée may be disobeied in matters méerelie indifferent He goeth on and confesseth That hir Maiestie ought to put in execution according to the prescript rule of Gods word the doctrines deliuered by the ministers for abolishing of all and all maner superstitions and abuses reteined in the church and for the establishing of a perfect gouernment of it Whereby we may sée how hard it is for a cat of mountaine to change his spots or a Morian his tanned hue or for him to plaie a little vpon his old by-asse For dooth he not héere in a manner plainelie condemne hir Haiestie Factious speaches not to haue doone as the Ought nor according to the prescript rule of Gods word Dooth he not insinuate the perfect gouernment of the church not to be yet established And dooth he not expresselie saie that Superstitions and abuses are reteined in the church D wicked and vngratefull wretches to the Daiestie of God and to his lieutenant the Duéenes Highnesse which in regard of so manie and so manifold blessings by hir ministerie bestowed doo recompense and requite them with repining and with slander in this maner Non sic fecit Deus omni nationi who make vs all thankefull for them The other three members of his spéech and confession in this place touching the ministers duetie towards magistrate and people of the peoples obedience to the magistrats and ministers and of the concurrence of the ministers instruction with the magistrats authoritie in the gouernement of the church though no more than of the rest I can sée how they are incident to this treatise yet I doo not perceiue any cause whie they should be reiected Neuerthelesse if the minister as doubting of the lawfulnesse of his owne externall calling and the magistrate and people as surmising him to haue runne before he was sent should beéeue our author in his former nice points about ordinations I cannot coniecture that either the minister with any couragious spirit can discharge this dutie or that the magistrate and people can or will regard that which he speaketh as they ought to doo from the mouth of him that is Gods true ambassador vnto them or yéeld vnto their maintenance their tithes and other duties trulie and faithfullie as they ought The examples which he here bringeth though some of them sound suspiciouslie considering from whome they procéed are méere apologeticall tending to prooue that the ministers and people may not of their own head without the princes authoritie séeke to execute any reformation and thereby to purge our author from the suspicion of the traitorous heresie of certeine late pestilent Sectaries But his repining and mutinous doubting with his Ifs and And 's which he casteth in the necke of his former apologie whereby like Scyria capra he ouerturneth the milke with his heele that afore he yéelved dooth be wraie his discontented mind and slender estimation he carrieth of the godlie reformation established by hir Maiestie For what else doo these voices yéeld If hir Maiesties eies be not Seditious speeches and vndutifull yet opened if some blemishes and blots remaine in hir gouernement if councellors be hired to trouble the building all the daies of Cyrus if the wals must be reedified by Eliashib if the church must tarrie Gods leisure if any other glorious purpose be to worke in our daies by hir Highnesse but to fill vnstable heads of the people to whom this booke was especiallie addressed with buzzing of dislike to things present and hope of alterations and new fangled innouations hereafter Which conceits cannot tend any waies to hir Daiesties honour nor worke to the securitie and quiet of the realme And those which haue so quezie and squemish stomachs at the state present ioined with such an esseminate longing and Absurd appetite of restlesse and endlesse alternations in church matters I praie God they haue not cause with the first neuer to haue wished change nor that they euer sée the time wherein they would with all their hearts desire with fauour and libertie of conscience to enioie that forme of liturgie ecclesiasticall policie and church gouernement which by the mercies of God and hir Daiesties ministerie are now planted in this church if they might hope to atteine it Bonum non fruendo sed carendo redditur charius 47. Section Pag. 95 96 97. THus hauing shewed some part of his former Apologie and protestation to be verie doubtfullie deliuered and both that and other his spéeches afore to be verie Offensiue vnto manie and therefore that which his guiltie conscience telleth him Might haue beene dangerous to his person is not yet ouerblowne or auoided we are now come to his purgation of that which might and hath béene obiected that he Insinuateth indeed no lawfull ministerie to be in England But he confesseth now That euerie one meet and apt to teach that euerie one qualified as is requisite that euerie one mooued inwardlie by the Holie-ghost and outwardlie called and appointed by the Bishop hauing authoritie by the order of this church of England is indeed and by law a minister If these be spoken distributiuelie as the word Euerie and the Intersections by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 doo import then hath he established some a minister without Outward calling so he be otherwise qualified as is requisite then may a man be qualified as is requisite thereto being not apt to teach nor inwardlie mooued vnto it by the Holie-ghost or outwardlie called appointed by the Bishop And what if he after this mans construction haue not Authoritie by th' order of this church of England as not hauing béene consecrated by such a B. as was consecrated according to th' order of the booke established Which our author maketh so necessarie as that he reasoneth afore out of the words of the statute negatiuelie to wit none to be a Bishop priest or deacon but such as Pag. 77. were consecrated and ordered according to the forme and maner of that booke but admitting them to be taken iointlie
where Noble men did vndertake that office Shall we thinke it méet that the renenues of the church should be alloted out to their maintenance according to their degrées Trulie either they must haue short commons or else their churches and seuerall parishes must content themselues without many such Semors Now let vs also brieflie consider what they teach concerning the persons that are to serue and to belong to this presbyteriall gouernement Our men in their bookes doo attribute the chiefest degrée of dignitie in their ecclesiasticall kingdome to the pastor the next to the doctor the elders whether knights lords earles dukes or princes must content themselues to be reckoned in the third place and the deacons in the fourth Yea the discipline of France suffereth the matter of preheminence betwixt deacons and anciens to be whelie vndercided where * Art 6. deâ— Anciens Diacres en la discipline de France they saie The deacons and anciens may not pretend any preheminence or superioritie the one aboue the other Now it must néeds be intended that the pastor is aboue the deacon whereby it will follow séeing they doo wey the deacons and anciens alike that the pastor is to be preferred afore them both which will no doubt be a verie seemelie matter where he is preferred in commission aboue his souereigne Lord. Yet * Simlerus de repub Heluet fol. 172. at Saint Galles in Switzerland where ministers haue an ordinarie authoritie with the rest in the Presbyterie it is thought more agréeable with scripture that a meere laie man should be chiefe and so doo they vse it Againe the consistories of Zurike and Basil doo wholie consist of laie men yet certeine Diuines and Ministers are â—oined as assistants to them But at * Simlerus ibid. fol. 148. Schaphausen ministers are not so much as called to be assistants But the reformed churches in France doo clearelie determine that the ministers are and ought to be Praesidents and chiefe in their * Art 4. du Consistoire en la discipl de France Daneus 2. parte Isago li. 2. cap. 20. consistories For they say The ministers of the word of God and the anciens make the consistorie of the church ouer which the said ministers ought to be praesidents Howbeit in the verie next article they set downe * Art 5. en la discipl de France that A ciuill magistrate may be called to the charge of an ancien in the consistorie so that the exercise of the one shall not hinder the exercise of the other nor shall be preiudiciall to the church Whereby may necessarilie be concluded that they thinke it requisite the pastor in the consistorie to take place before the prince if he be vouchsafed that worship as to be called amongst them Yet by their leaues they prouide not herein so fullie for the pastors souereigntie in that gouernement as they wéene if matters come to be decided by most voices For it can not be credible but that the prince or any Nobleman or great Gentleman shall easilie be able to win his fellow-assistants in consistorie being in all other respects farre his inferiors and many waies by all likelihood deuoted vnto him to be of his iudgement whensoeuer it shall happen that the Pastor and he doo varie in opinion For I haue not red that they mind in all matters to make the Pastor onelie of the Quorum And no maruell though they thus debase Princes by making them range with the rest of their Seniors and Church-gouernors considering how much soeuer they sarre in other points yet they iump in this to debar princes of that right of gouernement in matters and ouer persons ecclesiasticall which the word of God and all the examples of godlie kings in Iuda dooth afford vnto them Therefore one of them as in great scorne most slanderouslie vntrulie a Soldior of Barwike pag. 8. saith That for the princes pleasure poperie is turned into policie And afterward b Ibidem more traitorouslie If the prince with Gedeon Nadab Abihu Vzza Vzziah and Saule will intermedle without Gods warrant as she hath doone pag. 152 lin 20. with matters of religion pag. 157 lin 4. with Gods matters pag. 141 lin 21. she must thinke it no iniurie to be disobeied pag. 143 line 13. Agréeablie to which though not so round and peremptorie is that mislike which another of them hath hereof * T. C. pag. 157 161. that hir Paiestie hath preheminence and chéefe authoritie in determining of church causes and making ecclesiasticall orders and ceremonies and likewise * T. C. pa. 161 that hir Maiestie in councels for church matters is the chéese who should be onelie there an assistant A third of them also thinketh it inconuenient * Admo 2. that without hir Maiesties assent ecclesiasticall persons cannot make orders or ceremonies In which respect the a T. C. other before alledged thinketh it expedient that hir Maiestie should be of some particular parish and so in subiection to the censures of a presbyterie either to be suspended or excommunicated as occasion shall require Therfore a fourth of them prescribeth generallie to princes and all other whomesoeuer if they be not of their presbyterie b Ecclesiast discipl pag. 142. thus Of all these in a maner this is the onelie dutie that they suffer themselues easilie and willinglie to be ruled and gouerned by others whome God hath set ouer them But more particularlie c Ibi. pa. 285. else-where speaking of kings and magistrats he saith These no lesse than the rest must obey and yeeld to the iust authoritie of the ecclesiasticall magistrates Therefore another besides all these saith that not onelie d Daneus par 2. Isag li. 2. cap. 62. The consistorie may and ought to admonish the magistrate which is negligent in punishing vice but e Ibid. ca. 67. also may vpon knowledge of the cause taken excommunicate euen the cheefe magistrate vnto the which he ought to submit himselfe And therefore he saith that which is brought as out of Augustine that a prince may not be excommunicated In additio ad 3. 2. Thomae dooth not hinder this bicause it is false And least this dutie though it be verie rigorouslie exacted should but slenderlie be performed one of them f T. C. pa. 645 also saith Princes must remember to subiect themselues to the church and to submit their scepters to throwe downe their crownes before the church yea to licke the dust of the feet of the church Meaning as appeareth by the name of the Church their presbyterie And * Br. another whome I would not deigne to speake of but that he agreeth with them herein saith Kings must be bound with chaines and the nobles with fetters of yron meaning by the authoritie of the eldership or presbyterie And againe They must obeie the scepter that is to saie the gouernement of Christ in their elderships if they be christians
not * Du baptis art 7. da disci de France to doubt to baptize a child priuatelie and without any assemblie when as for feare of persecution or such like they dare not meet togither Againe some of * T. C. pâ—g 152. 153. ours doo thinke it simplie vnlawfull to haue anie holiedaies as the feasts of the Natiuitie Easter and Pentecost besides the Sabboth daie because they thinke it an absolute precept Six daies shalt thou labour But the church reformed at * Ca. 8. de Ferijs in libro de ritibus eccle Tigurinâ— Zurike yea and most of the reformed churches in the world doo obserue some such feasts besides the Lords daie Furthermore our Abstractor as you haue heard dooth condemne it as vnlawfull to haue those reteined to be ministers of the gospell that haue beene Popish priests and the like is the opinion of the * Admon 1. Admonitors But * La discipl de France art 3. the discipline of France dooth permit both Bishops and Priests to aspire to the ministerie of the gospell after renouncing of their former faults yet so as * Danâ—us part 2. Isoqâ— li. 2. cap. â—2 another of them dooth teach that they may not aspire to anie higher ecclesiasticall office than they had afore but reteine the old and that also with a new creation bicause the old character he saith is by the heresie worne out Againe it is verie vsuall with manie of reforming humors to take no benefice or set pasâ—orall charge but to preach there where they either haue a sufficient preacher alreadie or in great townes where least néed is of their helpe and they are in that respect with many better accompted of But our Abstractor condemneth all such absolute ordinations without any certeine title and this vagarant kind of ministerie and so dooth another great * T. C. pag. 63. man amongst them which misliketh wholie that any are suffered to preach which hath no pastorall charge Whereby he withall dooth couertlie condemne all such as vnder the name of doctors as an office not as a degrée of schooles hauing no title but being set vp and hired to discountenance the pastors doo inuade their cures and charges oftentimes euen against their mind and good liking Also the same man condemneth as vnlawfull and thinketh it is T. C. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for one minister to preach in anothers cure Yet those amongst vs that otherwise stand like affected with him doo as much vse and practise this as any other And a Des minist art 18. la dis de France the discipline of France setteth downe a forme in what maner one church may lend a minister vnto another and b Ibid. ar 17. decideth likewise that with licence of two or thrée other ministers such as haue departed from a church vpon occasion may preach before the matter for their placing againe be ordered by the Conference or Synod It hath likewise beene holden and defended publikelie that it is sincerelie vnlawfull to shift from any congregation to another but c Ibid. art 10. 12 13 16 27 the reformed churches of France doo in manie cases permit it Now as concerning the establishing of lawes orders and ceremonies and in the things themselues there is like varietie of iudgement among them For some d Admo 2. pag. 46. of them doo yéeld authoritie to euerie consistorie to make and abolish such orders and ceremonies as they shall thinke conuenient for the rest of the congregation and in this respect e Ibid. pa. 11. they hold that euerie presbyterie may differ from another in orders and ceremonies but f Eccles disci 726. other of them would haue no such thing ordered but either by a Prouinciall or Nationall synod And the discipline of France dooth thinke it most expedient that all the churches of one nation reteine an vniformitie of orders and ceremonies to the which they a Du consistoire art 2. la discipl doo earnestlie exhort those churches amongst them which at the first had receiued some other forme for which purpose they doo also require a subscription vnto the forme of their discipline and doo b Du consistoire art 19. en la discipl de France prescribe it to be read in their consistories at the least at the times of Communions Our Reformers doo plainlie tell vs that the dutie of the Seniors dooth onelie consist in ruling and the deacons in prouiding for the poore but till it was otherwise ordered in diuerse c Des anciens diacres art 3. 4. ibidem reformed churches in France the deacons did publikelie catechize and yet still for the necessitie of the times they and the seniors are permitted being therevnto chosen by the consistorie to catechize in priuate families Likewise d Admo 1. pag. 6. 16. at the first our Reformers did wholie reiect a prescript forme of praier and diuine seruice in the church vpon occasion peraduenture that the French churches vpon certeine e Du consistoire art 2. considerations to themselues best knowne had refused the hauing of ordinarie praiers euerie daie morning and euening in the church when they had no sermon But now I take it hauing heard that in f Videritus ecclesi Tigutinae most reformed churches yea euen in Geneua and in Scotland they reteine a prescript forme of liturgie they are content to let that conceit vanish Againe it hath beene thought and is yet by some a verie heinous superstition to communicate in vnleauened bread but it is notorious that yet this kind of bread is vsed and hath béen long in the church of Geneua neither could they euer be induced to change it bicause of the great inconueniences of all innouations where the thing is not in it selfe wicked Morouer our Innouators do constantlie hold that causes of matrimonie incest adulterie diuorces and such like handled in courts ecclesiasticall with vs are méere ciuill causes not to apperteine to their reformed Consistories g Simlerus fol. 148. 157. yet the churches of Heluetia doo still enterteine the knowledge and punishment of such causes and offenses Yea and the Consistories of France doo intermeddle with causes matrimoniall as where they permit a Des mariages art 1. la discipl de France authoritie to the Consistorie to licence such if they see cause to entermarrie whose parents frowardlie doo refuse to yéeld consent vnto them Likewise b Ibid. art 4. where they haue decreed that it is lawfull for a man to marrie the sister of hir vnto whome he was onelie espoused and betrothed And c Ibid. art 17 where they permit him to vse his libertie to reteine or leaue his wife which hath beene conuicted of adulterie Moreouer diuerse of our Reformers doo thinke it vnlawfull as the Abstractor in this booke for an acclesiasticall person to haue anie ciuill function d Du consistoire art 5. ibidem yet the discipline
necessitie for the peace of the common weale Secondlie in cases of conueniencie for the honour of her highnesse person and lastly warranted by the holie Scriptures and lawes of God For though the statute make some men fit meÌ„for the Archb. to worke vpon as it were anuiles for him to strike vpon yet yâ— same statute imposeth no necessitie for the B. to worke without the word But if it bee lawfull by the word then by the lawe he may if hee will But if it be vnlawfull by the word then hee may not though hee would The lawe followeth Be it enacted that neither the king his heires and successours Kings of this Realme nor anie of their subiects of this Realme nor of the Kings dominions shall from thence foorth sue to the sea of Rome or vnto anie person or persons hauing or pretending anie authoritie by the same for licenses dispensations impositions faculties graunies rescriptes delegacies instrumentes or other writings of what kinde name c for the which anie license dispensation composition facultie graunt rescript delegacie instrument or other writing heeretofore hath bene vsed and accustomed to bee had and obtained at the sea of Rome or by authoritie thereof or of anie Prelate of this Realme nor of anie manner of other licenses dispensations compositions faculties grauntesâ— rescripts delegacies or anie other instruments or writings that in cases of necessitie may lawfullie be graunted without offending holie Scriptures and lawes of God Pag. 131 but that from hence-forth euerie such lisence c. afore named mentioned necessarie for your highnesse your heires or successours and your and their people and subiects vpon the due examination of the causes and qualities of the persons procuring such dispensations licenses c. shall be graunted had obtained from time to time within this your Realme and other your dominions and not else where in manner and forme following and no otherwise that is to saie the Archbishop of Canterburie for the time being and his successours shall haue power authoritie from time to time by their discretions to giue graunt and dispose by an instrument vnder the seale of the said Archbishoppe vnto your Maiestie and to your heires and successours Kinges of this Realme as well all manner such licenses dispensations faculties graunts rescripts delegacies instruments and all other writings for cases not being contrarie or repugnant to the holy Scriptures and lawes of God as heretofore hath bene accustomed to be had and obtained by your Highnesse or anie your most noble progenitors or anie of yours or their subiects at the sea of Rome or anie person or persons by authoritie of the same and all other licenses dispensations faculties c. in and for and vpon all such causes and matters as shall be conuenient and necessarie to be had for the honour and suretie of your Highnesse your heires and successours and the wealth and profit of this your Realme so that the said Archbishop or anie his successours in no manner wise shall graunt anie dispensation license rescript or anie other writing afore rehearsed for anie cause or matter repugnant to the law of almightie God This act is renued 1. Elizab. Prouided alwayes that this act nor anie thing or things therin contained shall be hereafter interpreted or expounded that your grace your nobles and subiects intend by the same to decline or varie from the congregation of Christ his Chruch in anie thing concerning the verie articles of the catholique faith of Christendome or in anie other thinges declared by holie Scripture and the worde of God necessarie for your and their saluations but onelie to make an ordinance by pollicie necessarie conuenient to represse vice and for good conseruation of this Realme in peace vnitie and tranquilitie from rauine and spoile Pag. 132 In which act is set foorth vnto vs what great care and circumspection our auncestours in the twi-light of the Gospell had for the abolishing of corruptions and the establishing of a sincere gouernment both in the Church and common weale and how diligentlie and faithfullie they prouided that no manner of dispensations licenses or immunities should be had or obtained but in cases of necessitie in cases not contrarie or reâ—ugnant to the lawes of God in cases wherein the wealth profit peace and conseruation of the Realme requireth in cases conuenient for the honour and safetie of the kings person with a duâ— consideration alwaies of the causes and qualities for the which and of the persons to whom anie license or immunitie shoulde be graunted And therefore out of this statute first I conclude thus against plurified men 1 Whatsoeuer cause or matter is repugnant to the lawe of God the Archbishop may not dispence with the same 2 But the matter of hauing many benefices or beeing Non residents is repugnant to the lawes of God 3 Therefore the Archb may not dispence with the same Againe 1 Whatsoeuer is not necessarie for the wealth peace profit conseruation of the realme same by this statute is forbidden 2 But yâ— one man should inioy by waie of dispensation from Archb. liuings appointed for many men is not necessarie for the wealth peace profit conseruation of Realme 3 Therefore the same is forbidden by this statute Lastly 1 Whatsoeuer is not conuenient for the honour and safetie of her highnesse person same by this statute is forbidden Pag. 133 2 But it is not conuenient for honour safetie of her highnes persoÌ„ to haue the Archb. dispence for many benefices 3 Therefore by this statute the Archbishop is forbidden to dispence c. THE Minor proposition of the first Syllogisme hath bene alreadie sufficientlie prooued by many infallible conclusions of Lawe and vndoubted truths of the worde of God and therefore it is needlesse to make anie repetition thereof Onely I would haue the reader diligently to marke the words of the Statute forbidding all manner of Dispensations in anie matter or cause repugnant to the worde of God For though the aduersarie cauil that wee finde not in the Scriptures these tearines viz. Licenses Tollerations Dispensations c. preciselie specified in anie commandement prohibitorie in the Scriptures yet in as much as the matter or cause of dispensations sor manie benefices is there generallie forbidden as ambition pride couetousnesse â—â—rill of selues c. Therefore it followeth that by It is against the profit of the coÌ„moÌ„ vveale that the Archb. should dispence this 〈◊〉 Dispensations in this case are absolutelie inhibited The Minor proposition of the second Sillâ—gisme may be confirmed by three euident reasons First from the euent which by our owne common and bailie experience wee too too well knowe to be true For by the same we see a few wealthie and rich Prelates in pride and ioilitie to be mainteined and a great number of needie Stipendarie Curates and poore Ministers to be vtteriie desiâ—ute of meete and conuenient allowancco so that sometimes after
flaâ—â—â— forbidden which things our auncestors not thoroughly foreseeing neither onely examining for what maner of causes or matters licenses were at that time obtained at the sea of Rome but onely in a generantiâ— inhibiting things repugnant vnto the law of God neuer particularly describing what those things were but leauing the same wholly to the iudgement and discretion of one man the Archbishop alone haue fallen into two paipable absurdities the one that one man alone hath from time to time authoritie by his discrerion to determine what causes are repugnaÌ„t to the holy scriptures and lawes of God Pag. 138 what causes and matters are conuenient for the honour and safetie of the King of England and what are necessary to be had for the wealth and profite of the Realme three things of such waight and importance as the whole bodie of the realme at that time was scarce able to conceiue much lesse shall euer any one Archbishop be able to practise The other absurditie is this viz that by this statute soueraignitie is giuen to the Archbishop and his successors to dispence with the king and his successors kinges and Queenes of England The wordes of the statute are plaine euident But what reason is there for kings and Queenes of Englande to become wardes and pupils vnto an Archbishoppe of England Or how agreeth it with the word of God that a Christian King shoulde in any sort bee in subiection vnto his owne vassall Or what Christian subiect dareth attempt to offer vnto his Christian soueraigne a tollerationâ— For in case the matter of the sayde tolleration be pretended to concerne the conscience then if the matter be free and lawfull by the law of God a Christian king may as well and as freely vse the libertie of his conscience with out licence from his subiect as his subiect maye vse his freedome without dispensation from the king If it be contrary to the lawe of God then may neither a Christian king neither a Christian subiect be dispenced with For what man can dispence with the lawe of Godâ— And in case the matter of dispensation concerne any thing appertaining vnto this lyfe how then should the king receiue a dispensation from the Archbishop without impeaching his kingly dignitie and prerogatine For either he must be dispenced with for breach of the positine law of this lande and haue the payne of law remitied him by yâ— Archbishop which were to set the Archbishoppes keyes aboue the kinges armes Or els he must purchase a dispensatioÌ„ that he may break his law which wer against his honor safety For saith yâ— Emperour Digna vox est maiestate Pag. 13 regnantis legibâ—â—â— alligaium se principem prositeri It is a word worthie c. De le const it princ l. digna the mâ—iâ—sâ—ie of a ruler to acknowledge himselfe as chiese tied vnto the lawes Moreouer this case betweene the king and the Archbishop is farre different from the case betweene the king and his Iustices at lawe determining matters according to the common lawes customes of the Realme betweene the king his subiects For they remaine still the kings vnderlings and in deed giue but the kings iudgement they iudge not the kings person neither commeth anie thing touching his person before them But dispensations from the Archbishop to the king concerne the kings owne person The king in his roiall person or by his proctor must appeare in the Archbishops Consistorie he must alleage before the Archbishop sufficient matter wherevpon the Archbishoppe but a subiect may be mouâ—d to dispence with the king his soneraigne and finallie the kings wisdoâ—â—â— must be subiected to the Archbishops discretion And therefore to confirme the Minor proposition of my third syllogisme I conclude 1 whatsoeuer is dishouourable and dangercus for her highnesse person the same cannot be conuenient for her honour and safetie 2 But it is dishonourable and dangerous to haue the Archbishop to dispence with her highnesse 3 Therefore the same is not conuenient c. Pag. 140 Which reason also may be as well applyed to disproue the the vniawsulâ—nesse of the Archbishoppes dispensations graunted vnto anie of her highnesse subiects as vnto her highnesse owne person in as much as her kinglie prerogatiue â— supreme gouernment in matters lawfull by the holie Scriptures is thereby impeached the Archbishops iurisdiction onelie aduanced and the furetie of her royall person and peace of the common weale ill prourded for Againe sithence cuerie one of sound iudgement vnderstandeth the honour and safetie of her highnesse person onely and wholly to consist in the protection and safegard of our most mightie and gratious God that nothing can be so honourable and safe for her highaesie as humblie and reuerentlie to attend and to submit her selfe to the scepter of his word the execution of this statute by the Archbishop cannot be but most inconuenient and perillous for her highnesse person in as much as partly through a carrupt consiruction partlie by a siniâ—ter iudgement not rightly discerning what things are repugnant to the holy Scriptures which causeth the name of God to be euill spoken of and is a dishonour vnto God and therefore no honour nor safetie vnto her highnesse person And therefore her highnesse is humblie to be intreated to take the entire dominion and whole soueraigntie due vnto her by the worde of God into her owne handes and not anie longer to suffer such a blemish to remaine in her gonernment Had her Highnesse most noble Father vnderstood his kinglie person to haue vnder-gone the Censorship of his subiect no doubt he would as couragiouslie haue fought against an Archbishop as hee did against an Abbot As concerning the pouertie of certaine persons pretended Pouertie of the person no cause for a dispensation Rebuff de dispen ad plu benefi alleaged in defence of dispensations for manie benefices that because the reuenues and profites of one benefice is now a daies not a competent and sufficient mainteinance for a Minister his wife and familie that therefore in respect of such pouertie they are necessarie and to bee borne withall I answere heerein first with Rebuffus the Lawyer that Licèt quis sit pauper c. Though one bee poore and suppose two benefices to bee verie necessarie and profitable for him yet for this cause the Pope may not dispence But if it bee necessarie or profitable for the Church to haue a teacher to instruct maintaine and defend the same then shall a dispensation bee lawfull Pag. 141 Secondlie that whosoeuer hath taken vpon him a charge with a poore liuing and stipend belonging to the same ought by lawe to content himselfe therewith and not in respect of anie pouertie to seeke to haue many huinges thereby to better his estate or augment his liuing For the Lawe in truth is as followeth Qui modicum recepit beneficium 32. q. 5. c. horrendus c. Hee that hath receiued a small Benefice
that no perpetuall dispensation for receiuing of Ecclesiasticall fruits be graunted no not by the Pope himselfe And there is expresse mention made of him that shall not be resident vppon one of his Churches that shall be student in anie schools of learning that shall be absent from his benefice either at the court of Rome or at anie other place whatsoeuer that euen such a one shall not haue anie perpetuitie by Dispensation thereby to receiue the fruites and profites of the Church from the which for anie of those foresayd respectes he may be absent Therefore against perpetuities of Piuralities out of the Chapiter Is etiam and out of the Chapter Quia before rehearsed I conclude thus 1. Euery Dispensation graunted for the enioying of the fruites of any parish Church without limitation of a certaine time is a voyde Dispensation 2 But euery Dispensation graunted for the perpetuall receiuing of the fruites of any Parish Church is a Dispensation without limitation of a certaine time 3 Therefore euery such perpetuall Dispensation is a voyde Dispensation Pag. 149 THE first Proposition of this Syllogisme is the Position of the law it selfe The Minor is most plaine For whatsoeuer is perpetuall the same can not be limitted and whatsoeuer is limitted the same can not be perpetuall And this perpetuitie in this case as I sayde before hath euermore relation to the terme of lyfe because he is saide to haue a perpetuitie in a benefice that hath a benefice for terme of lyfe And to take away all sinister and double dealing in this action you shall vnderstand that a dispensation graunted once for seuen yeares at the ende of the sayde seuen yeares may not be renued and reiterated for so at the ende of euery seuen yeares a new dispensation being had in effect a perpetuall dispensation might be tolierated and so a man by fraude and couin might enioy that from the which by equitie and law he is altogether secluded which fraudulent and disorderly dealing by certaine general principles and rules in law is absolutely prohibited The maximes are these Ne statutum ipsum fiat ludibrio debitoque frustretur effectu non rebus sed verbis cum sit potius contrarlum faciendum lex imposit a De diuor c quaÌ„to § fi de elec comiss l. 6. Extr. de regni iurâ—c cum quod ff de ver ad ciuili perti l. li. § 1. videatur nullatenus ea vice poterit iterato conferri Quod directè prohibetur indirectè non conceditur cum quod vna via prohibetur alicui ad id alia via non debet admitti quod quis in persona sua facero prohibeltur id per subsectam personam exercere non debet That the statute it selfe may not be deluded and frustrated of hir due effect and that the law may seeme to be made not for thinges but for wordes when the contrary is rather to be done it may not by any meanes be againe the second time conferred And that which is directly prohibited is not by an other way indirectly to be suffered whensoeuer a thing is forbidden any man one way the same man ought not to be admitted to the same thing an other way And that which a man is forbidden to doc in his owne person he ought not to exercise by a substituted person So that once againe I saie if it might please God to stirre vp the hearts of her Highnesse Commissioners to haue a mature and deliberate consideration of the statute before mentioned they shal find matter sufficient to pronounce a great number of licences faculties and dispensations by law to be meerly voide and of none effect Pag. 150 And so manie benefices to be void and in the hands of her Highnesse vnto whome by lapse right hath accrued to present For by that statute the Archbishoppe hath no power or authoritie to graunt anie other licence facultie tolleration or dispensation then such as before the making of the statute was vsed and accustomed to be had and obtained at the sea of Rome or by authoritie thereof But no licence facultie tolleration or dispensation before that time was had or obtained at the sea of Rome or by authoritie thereof for the Fruits of anie Parish church by way of anie kinde or manner of anie perpetuall dispensation or for anie longer time than for seauen yeares onelie as appeareth by the former Canons and constitutions therefore none other ought heeretofore to haue beene graunted neither though they haue beene graunted are they effectuall or auaileable being graunted A non iudice contra formam iuris scripti ff quod vi aut clam l. prohiberi § plane Extra de reb eccle non alienam c. by one that is no Iudge and against the forme of lawe written Iudex non potest vltra facere quam ei concessum est a lege vel consuetudine A Iudge may not doe beyond that that is graunted him by lawe or custome It is forbidden that Church goods shoulde be alienated without a cause or without authoritie of the superiour If therefore anie alienation be made of Church goodes without a cause and not by authoritie of the superiour the alienation is voide Quae contra ius fiunt debent pro infectis haberi Things done contrarie to law ought to be Cod de leg l. non dubium Cod de pre cib imper offerrend l. 1. accounted as things vndone And againe Sufficit legislatorem aliquid prohibuisse licet non adiecerit si contra factum fuerit non valere It is sufficient that the lawe maker forbidde though hee shall not adde that the thing done contrarie to his prohibition shall be void And againe Pag. 151 Imperiali constitutum est sanctione aperte vt ea quae coÌ„tra legeÌ„ fiunt non soluÌ„ inutilia sed etiam pro infectis habenda sint It is plainly decreed by an imperiall constitution that the things done against the lawes are not onelie vnprofitable but also are to be accounted for things vndone And thus much concerning the causes and circumstances of dispensations for manie benefices It followeth then in the description of a dispensation Glos Extra uagan de pre bend dig c. â—â—â—erabilis ver vltimae as you haue seene that the same ought to be graunted cum causae cognitione with knowledge of the cause the reason is this Duo sunt in dispensatione necessaria authoritas dispensantis fastum per quod dispensatur Nam in quolibet actu considerari debent duo factum modus Two things are necessarie in a dispensation authoritie of the dispenser and the fact whereby he shall dispeace For in euerie act two things are to bee considered the fact and the manner of the fact And therefore a Magistrate hauing authoritie to dispence ought not vpon the bare affection and simple allegation of anie person â—esirons to be priuiledged and to haue the Magistrate to mittigate the rigour and extremitie of common right
desire to be vntaught therefore as concerning these proofes I cannot imagine I saye how they should be made It resteth then that the euidence of the fact must be the proofe whereon plarlfied men relie that the brgent necessitie and euident vtilitie of the Church for the hauiâ—g of many benefices is a thing so notorious and euibent to all the worlde that none may deny the same Wherein how grosse and palpable their errour is I lenue to the consideration of indisierent men thorow out the whole worlde Now if you ad this last parte of the definition of a Dispensation and suppose that it must be graunted Cum causae cognitione with knowledge of the cause that is by alleadging and prooning thinges inste and equall in the sight and indgement of the Parliament house you shall finde cithèr all or the most parte of Dispensations graunted in the Courte of Faculties for manie Benefices not to be the thinges defined and so to be nothing in câ—â—ect at all and therefore though they as yet seeme to stande good by Lawe yet to be suche as ought to be rcuoked and made vopde by Lawe Quicquid contra leges accipitur per Distinct 10. c. vides Extra de priueg c. porro c. pe Extra de priuileg cod de leg coÌ„stetu l. 2. leges dissolus meretur Pag. 159 Whatsoeuer is admitted egainste Lawe deserueth to be loosed by Lawe Et sic eos voiumus priuilegiorum suorum seruare tenorem quod eorum metas transgredi minimè vide antur And we will them so to heepe the tencr of their Priuileges that they seeme not in any cause to passe their boundes Nam qui permissa sibi abutitur potest ate priuilegium meritur amittere Et qui malitiosè priuilegium princepis interpretatur infamis efficitur For hee that abuseth power graunted vnto him deserueth to loase his Priuiledge and hee that malftioustie interpreteth the Priuiledge of a Prince is made infamous Besides these there are diuerse and sundrie other causes for the which also a priuiledge as vnlawsull is reuocable Priuatur 3. 9. b. c. haec quippe 1. 1. 93. priuilegiuÌ„ Extra de De cret Suggestum 25. q. 1. c. de ecclesiassicis ff de vulg pupil Substitâ—s l. ex pacto glos c. imperator ver quod non 25. 9. 2. xcix distinct ecclesie ff de constitu princ l. penult De. glos in c. quid pernouale Extra de ver 6. signifi c. magis lib. 6. De rescrip statutum quis priuilegio propter scandalum qui non exercet ad subditorum vtilitatem sed ad suam voluntatem c. A man looseth his Priuiledge if an oftence growe by meanes of his Priuiledge and hee that dooth not exercise his Priuiledge to the prosit of such as are vnder him but at his owne pleasure such a man loofeth his priuiledge And a reseript ought to bee such that it hurt none and at what time so euer a priuiledge â—urneth to 〈◊〉 it forth with preuâ—â—leth not neither ought the Poye for the increase of his owne honour diminish the right of the Church or of anie other And the reason is this Prepter euidentem â—tilitatem enorme damnaÌ„i 〈◊〉 ab eo quod diâ— vsâ— obtentum est For some common profie some inordineie hurt we for go that that a long time hath ben vsed and obserued Now whether the lawfull bounds of dispensations bee passed whether they be abused or inaliciouslie vsed whether anic offence growe by them whether they bee vsed rather to the profit of the people then to the pleasure of the person whether anie iniustice be committed and the right or title of anie other bee impeached or anie great damage ensue by them I referre it to the iudgement of men of experience in our time Sure I am that the Lordes seruants speake against them preach against them and write against them Pag. 160 Sure I am that the bices growing by them are as rife as euer they haue beene in anie age heeretofore Sure I am that the prosperous state of the Ministerie is impouerished by them Sure I am that the people are vntaught by them And fore I am that the Lorde is dishonoured by them and his Gospell hindered by them And therefore I conclude thus against them Cessante ciusa cessare debet effectus the cause ceasing the effect ought to cease The assumption is manifest For equitie grounded vppon vtilitie and necessitie of the Church was the cause of Dispensations but the equitie ceaseth therefore the other shoulde cease What is more contrarie to naturall reason saith a Lawyer of singular iudgement then that one and the selfe same man shoulde take vnto himselfe diuerse stipends of the Church in diuerse and farre disraunt places What common weaith of man sayth hee suffereth her Iudges her Rulers her Notaries and other officers to gadde abroade and in their absence to inioye their stipendes What man though his House bee ample and verie rich dooth vaie to his seruaunt absenting himselfe the wages due to many seruants or adinitteth to serue in his roome whome so eure the same his seruant shall appoint him in his roome onelie the house of God the holie Church is by such inordinarie dealing depriued of her Ministerie and defrauded of her lawfull duetics what shall the Church of God the best beloued spouse of Iesus Christ which he hath redeemed by whippinges by buffets by the shedding of his bloud feede hawkes bring vp dogs pamper horses nourish whoores flatterers and seditious men which trouble the common wealth and in the end concludeth thus Effect us dispensation is est vt siperperam concesse sit tam animam concedentis Rebuff de dispensatione ad plura bene fic fo 149 64. quam dispensantis ad infernum deducat Pag. 161 The effect of a Dispensation is that if it be graunted vnorderlie it carrieth the soule as well of hun that giueth it as of him that receiueth it to hell Whereas it may be supposed that fees paide into the Hanaper by passing of Dispensations vnder the great seale are a great increase of her Nighnesse treasure and an augmentation of her teuenues I aunswere that dispensations for Syinonie Nonresidencie and manie benefices are so farre from becing anie increase of her Maiesties treasures as that they are indeed a great diminishing of the same For first as touching dispensations for Syinonie whereas by cuery dispensation granted vnto a Symoniacall person her Nighnesse receiueth into her hanaper at the most shillings the greatest ordinarie fee limited by the said statute for anie dispensation to be graunted her Maiestie for the same looseth 10. 20. 30. 40. or 50. pounds to be paide into the court of Tenths and First-fruits For were the partie committing Symonie for the same offence by lawe depriued from his benefice her Nighnesse were then to haue of the next incumbent the whole First-fruits of the said benefice euen ten times so much at
effects necessarilie proceeding from pluralities as from an efficient or formall cause but as faults which may be presumed to possesse those men which will be their owne caruers and iudges for the inuading of manie benefices without authoritie Yea and if dispensation for pluralitie were such as being strictlie so called dooth release the rigor and extremitie of the law positiue vpon fauor onlie and not for iust causes or equitie yet might the * Arg. l. sed eâ—sâ— lege §. contulit ff de petit haered l. 1. §. magis verb. prodeg ff si quid in fraud pat l. quia autem §. 1. ff quae in fraudeÌ„ cred iuncta l. 1. ff de constit princip prince or those to whom the law hath committed such full authoritie as in diuerse cases besides with a good conscience dispense in it euen as well as they may giue away their owne goods seeing this law is vndoubtedlie meerelie positiue Like as the prince may without offense to God pardon after the fault committed the life of a traitor or fellon vpon méere grace and bountie bicause the penaltie discendeth from law positiue though he can not dispense without sinne to God that in time to come a man may commit treason or fellonie bicause they are forbidden by the law of God And such pardon he may lawfullie grant euen without anie cause to one and denie to another as fréelie as he may create knights endenize * ff C. de natal restit in Auth. quibus modiâ— natur efficianturâ— legitimi legitimate and restore to blood whom he thinketh good and refuse to impart the like grace and fauor to other And this if it be for a matter past is by some termed an Indulgence or pardon if for a benefit to come a Dispensation for a present plesure or gratification is called a Priuilege There may be also good reason of granting these when as for some considerations it is profitable to grant such exemptions besides the generall ordinarie course and reason of the law For it may so fall out that the sauing of some condenmed mans life or granting of some immunitie may no lesse benefit the common-weale than to keepe a rigorous hand vpon the obseruation of the strict points of the generall law may doo harme For 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 must be seasoned and swéetened with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the exact rigor of law must sometimes be moderated with with least it degenerat into inturie and tyrannie For it is sure that as no generall rule or definition can be giuen in law which in application to particular matters shall not faile and be limited with his exceptions so can there no generall rule of right or law be framed which in application to all times places persons whoÌ„ it may concerne shall not necessarilie require some priuileges exemptions dispensations and immunities either in regard of their excellencie well deseruing or in respect of their imbecillitie weakenes or some such like circumstance or other In which respect we are also taught by Aristotle and other wise philosophers Politicians that in all lawes administration of iustice we are partlie to obserue proportion Arythmeticall consisting in recompensing an equall thing with his equall which is a rule in trades negotiation traffike betwixt man man partlie the proportion Geometricall which is conuersant in distribution of honors or rewards in inflicting of punishments and therfore yeeldeth foorth an inequalitie in both according as the persons deserts are different and vnequall Whereby also we sée a common soldiors reward to be lesse than the Lieutenants or Generals a Noblemans death not to be so rigorouslic executed as the common sort iustlie are put vnto And this strict and proper acception of a dispensation which is by releasing and exempting of a man vpon fauor clemencie or mercie onelie from the seueritie of the law the bond thereof still remaining is called A dispensation of grace and may vpon méere bountie of him that is so authorised be granted to some and denied to other some as it shall please him euen without further cause so long as the law is but méere positiue But it hath no place at all in the first a Dist. 5. in princip §. naturalia iust de iure nâ—tur principles of the law of nature nor in the commandements of the Decalog necessarilie and immediatlie b Rom. 1. deriued from the rules of the light of nature Which thing bicause the pope most insolentlie tooke vpon him to doo he is therefore iustlie by all which doo aright feare God abhorred as Antichrist which in the Luciferian pride of his hart hath hereby climed into the throne of God and dooth arrogate to himselfe to loose the consciences of those whom God hath tied by his law and to bind that as by a diuine law which God himselfe hath set at libertie which c Bernard li. 3. de considerat ad Eugenium Bernard calleth a dissipation rather than a dispensatioÌ„ Which dispensations of his though some schoolemen and of our late more manerlie papists doo otherwise qualifie in words and partlie denie such matters which he hath dispensed with to be of the law of nature when as neuerthelesse no colour can be laied but that they are of the prohibitiue morall law of God yet his parasites the canonists who both knew his mind and his practise herein sufficientlie well and were neuer that I could read found fault with for their ouer broad speeches about this matter doo fullie declare what blasphemous authoritie he challenged They saie that the law d Abb. ca. fin Ext. de consuetud of nature vpon cause may be taken awaie e Abb. c. non est Ext. de voto that the pope vpon cause may dispense with the law of God f Lud. Goza cons 51. Ignorance of the Abstractor that the dispensing with the law of God is proper to the Bishop of Rome Yet the Abstractor sheweth here his great skill when he pretendeth that the canonists popes chapleins doo attribute vnto him authoritie to dispense in such matters by reason of Merum imperium a souereigne supreme power in him which indeed is nothing but Ius gladij the power ouer the life of men which the ordinances of France doo call Haute iustice There is another kind of Dispensation called of Iustice which is when vpon some especiall circumstances the reason and rigor of the generall law is by him which hath authoritie declared in some case to cease and the strictnesse of the words of the law therein not to bind or to haue place and that for auoiding of iniurie and inconuenience And this is also an allaie of extremitie of law by an equitie which afore I spake of and which the magistrate in iustice cannot denie and is in that respect called A dispensation of iustice as it were an interpretation or declaration of the true meaning of the law
Iuxta aequum bonum For a g Thom. 2. 2. q. 88. art 10. lawe is established with regard to that which for the most part is good and bicause it happeneth in some cases not to be good it was méet there should be some to declare and determine that in such a case it was not of necessitie to be kept Likewise in this sense of dispensation the same author as he is h Dom. Sotus de iust iure li. 1. q. 7. art 3. alledged dooth define that it is Commensuratio communis ad singula an admesurement or attemperance of a generall vnto his particular or singular circumstances or as some doo read it an attemperance of reason For he rightlie may be said l L sin C. de legib c. cum venissent Ext. de iudicijs to interpret law which declareth whether the matter in hand is included in the said law or no. An example hereof where Gods law is in this sort interpreted and declared not to haue place euen by the positiue lawes of men may be taken from the commandement of God that we shall noâ— kill which is truelie declared not to haue k L. vt vim ff de iust iure place where in necessarie defense of our selues we are driuen to kill rather than be killed vniustlie In the lawe of nature the generall and most vsuall reason requireth that vpon request made I should redeliuer that which in trust you haue recommended to my custodie yet some most iust reasons and considerations may l L. bona fides ff depositi Plato li. 1. Polit. fall out why this should be denied at some time And therefore * Offic. li. 3. Tullie speaking hereof saith that Manie things which naturallie are honest vpon some occasions are vnhonest In most countries they haue a positiue law that a man should not carrie out of the realme any monie armour or weapons yet such occasions vrgent causes may happen that in iustice a man may not be denied to doo this whom the prince will haue to trauell into some dangerous countrie And of this sort of dispensations or declarations of the meaning of law or mixt of them both are all such which the Archbishop of Canturburie by act of parlement is authorized to passe as may appeare in that he is limited onlie to those dispensations which be not against the word of God or lawes of the land and for the most part also to those which vsuallie haue bene granted and in that the qualities of the persons also to whom in some cases he is to grant it are expressed and lastlie bicause if he doo denie to dispense with him which is qualified therevnto and hath need of a dispensation without a sufficient cause and doo so persist this authoritie may be deriued by that act of parlement vnto others So that we sée in effect he is onlie made a iudge herein to examine and wey the inward qualities and sufficiencie of the suter for the dispensation whom if he find fit and a good cause in equitie to warrant it he cannot in iustice put him off but must grant the dispensation vnto him And that none of such dispensations faculties or immunities which are vsuallie passed according to law by the Archbishop of Canturburie are of that sort which be either by the law of God forbidden or yet such as may not haue a necessarie vse so that without manie inconueniences they cannot wholie be abolished may appeare to the wise who can consider of their seuerall vses vpon rehearsall onelie of them and shall be defended God willing by learning and sound reason so to be against the other sort which are factuoustie bent against them As a benefice In commendam to a Bishop who hath a slender maintenance by his Bishoprike a trialitie for a prebend or dignitie being no cure of soules by statute with two benefices hauing cure of soules or a pluralitie for two such benefices to such as excell the common sort in Gods good gifts For take awaie inequalitie or reward and no place will be lest to indeuour for any excellencie in learning of one aboue another in verie short time A legitimation of him to be preferred to holie oâ—ders who was borne out of lawfull matrimonie or before espousals or for a man to succeed his father in a benefice either in respect of the great and excellent gifts in them or vpon some other weightie considerations A dispensation for one aboue eightéene and not xxiij to reteine a prebend being without cure of soules though he cannot be assumed to be a deacon A dispensation for some notable man emploied in hir Maiesties seruice at home or abroad to reteine for his better maintenance a dignitie ecclesiasticall or a prebend of like nature without his residence in that church or entring into orders which is not fit to be made generall to all which haue not like occasions The dispensation for non residence is verie sildome or neuer granted yet the recouerie of a mans health mortall enmitie of some in his parish against him emploiment in some necessarie scruice or publike calling being of as great or greatèr vtilitie to the church and common-wealth may be sufficient inducements in equitie to grant it for a time The dispensation of Perinde valere may haue a necessarie vse where no right is growne to another person for a man that hath incurred ecclesiasticall censures or is made vncapable by law â—ither to reteine or receine an ecclesiasticall benefice as by misaduenture occasioning the death of a man violating the interdiction suspension or excommunication of the church vnaduisedlie or by succéeding his father in a benefice and such like a number In like maner manie necessarie occasions may happen whie a man should be licènced to be ordeined at some other Bishops hands than where he either dwelleth or was borne or to be ordered deacon and minister both at one time or to solemnize matrimonie though the banes haue not béene thrise publikelie asked in the church or to eat flesh on daies appointed by politike constitutions for fish daies or to abolish the infamie or irregularitie of some profitable man in the church growne by law against him vpon ignorance simplicitie or want of due consideration without wilfull contempt Besides this the statute of 25. H. 8. dooth not alone endow the Archbishop with dispensing but to grant rescripts in diuerse néedfull cases namelie for creation of publike notaries and to grant tuitories for the lawfull and indifferent hearing of such as are by iniurie vpon some great displeasure conceiued too rigorouslie and violentlie handled and sought by an inferiour Ordinarie But it may perhaps be said that if to ground such a Dispensation of iustice a iust cause be required then the reason of the lawe in that case ceaseth and thereby the law also ceaseth therein so that a dispensation is not néedfull To which I answer that albeit the reason of the law doo cease and take
possibilitie prooue that which he intends that no dispensation whatsoeuer in any case may be granted but vpon cause and much lesse that Vrgent necessitie and euident vtilitie be those causes and the onlie causes of all dispensations for his owne author Rebuff reckoneth foure causes of this dispensation Or yet that these causes as he gathereth doo signifie nothing else but The well gouerning of the soules of the people But it is not to be omitted that the Abstractor here contrarie to himselfe afore alloweth of dispensations with such lawes whose reasons are grounded vpon the law of nature or of God yea euen to dispense with that which is Vnlawfullie taken onlie by colour Contrarietie to himselfe of an Vnreasonable custome beeing void in lawe First the refusall to receiue moonks to cure of soules who as an ancient father saith had Officium plangentium non docentium were to moorne not to teach and were in those daies meere laie men or the refusall of any other laie man whomsoeuer is grounded vpon that scripture Let no man minister but he that is lawfullie called as was Aaron and let him not be a yoong scholar Yet I must put the Abstractor in mind that he mistaketh the matter when he thinketh that such had dispensation for the Gouernement of a Ignorance in the Abstractor church with cure of soules they remaining still laie men For Exlaico and Ex monacho doo onlie signifie that it was against the generall canons suddenlie without great cause to prefer such from meere laie men to the order of the ministerie and so to a Bishoprike or other cure of soules before they had serued as clearks in other inferior orders and ministrations For by the opinion of Fisher euen at the common * 21. H. 7. 3. law an act of parlement cannot inable a laie man so remaining to become a parson of a church bicause it is a matter meere spirituall although the parlement as Vauisoure thinketh may take order in such spirituall matters as are mixt with temporall causes Likewise the prohibition of ordering the sonne of a professed nonne is grounded vpon those canons of integritie required in all ecclesiasticall men which are set downe by S. Paule which is greatlie blemished and stained by the fault of such parents As for that generall asseueration which without all proofe or weighing of any circumstances he vseth against all inioyeng of mo benefices as simplie vnprofitable at all times to the church when he shall deliuer his proofes of it shall either be answered or yeelded vnto and in the meane time is as easilie reiected as it is by him boldlie auouched But although it did not carrie with it an vrgent necessitie or euident vtilitie of the church yet hereof it dooth not follow that a dispensation to that end is vnlawfull Bicause he can neuer prooue them to be onlie causes of that dispensation for that the law rehearseth diuerse other causes of dispensations in generall and they are gathered by the glosse vpon that verie canon which in this section he alledgeth A dispensation is granted saith the * Gl. in verb. vt plerisque in fine 1. q. c. requiritis glosse when necessitie or vtilitie requireth Infra eo tali Also sometimes a dispensation is granted bicause a greter euill is feared in which respect the Englishmen were dispensed with 35. q. 3c quaedam lex § quod scripsi Also sometimes for some good to insue as when we dispense with heretikes that other may more easilie returne to the church 23. q. 4. c. ipsapietas Also sometimes for the multitude and for auoiding of offense c. vt constitueretur 50. dist And the same canon rehearseth other considerations and inducements to dispense as mercie pietie in the person the circumstance of time and the euent of the matter Insomuch * that another glosse dooth thus gather When as Gl. in verb. causae c. exigun◠1. q. 7. rigor and extremitie is of one part and mercie of the other the iudge ought rather to follow mercie c. 2. Extra de sortileg l. placuit C. de iudic So that it seemeth a dispensation is a due bicause the precept of mercie is common to all c. non satis 86. dist Which I grant that indeed sometimes it is due the iudge should offend which in that case would not dispense though no law be set downe wherby we may demand a dispensation But bicause both schoolemen and some few lawyers who handle this matter doo varie diuerslie one from another and confusedlie speake concerning the causes of dispensations I doo take it woorth the labor vpon due weieng of all their reasons and allegations to reduce them thus brieflie to an harmonie In Dispensations of méere Grace and fauor which are such as the prince may lawfullie gratifie one man in and denie vnto another as are indenizations legitimations pardoning or remitting the penalties for faults not verie heinous there is not anie a L. 1. ff d◠constit princip it Authent quibus mod natur efficiātur legit quibus modis sui C. de sententiā passis necessitie either in court of conscience or in the ciuill court of man to the dispenser or dispensed that they should proceed vpon anie cause more than of méere bountie of the souereigne prince who onelie hath this authoritie seeing it is to be intended that the people and lawes of euery countrie in these and other small matters haue yéelded this b Arg. l. scioff de minoribus power vnto their souereigne princes But touching those Dispensations which are called of Iustice they are conuersant either about the law of God and nature or about the positiue law of man In the lawes of God and nature there is no relaxation of the bond of them which none but God himselfe may doo yet there may be vpon good grounds a declaration and interpretation that the generalitie of the words doo not in deed extend to some especiall cases As although Gods law doo indefinitelie require credit to be giuen to two witnesses yet is this generalitie by mans law rightlie declared not to haue c c. relatum 1. c. cum esses Ext. de testamentis §. 1. instit d. it place where such two witnesses are but children and haue not atteined the yeares of diseretion to accept of an oth By the law of God it is commanded that he that killeth should himselfe be done to death yet d L. v. vim ff de iust iure ibi gl DD. is this truelie interpreted not to haue place where a man killeth in his owne necessarie defense Yea not onelie in the defense of his person is this thought not vnlawfull but e Iason in d. l. qui dicit eā esse comet Diaz reg 597. also in the defense of his goods although f Felni c. 2. Ext. de homicidio some other not so truelie doo hold in this case the contrarie The generall commandement
of absteining from labor in the obseruation of the sabaoth is declared by our sauiour Christ not to bind nor to haue place in the priests occupied about the sacrifices in the temple nor in the necessarie works of christian charitie neither did reach vnto those Iewes who were forced by their enimies watching the opportunitie of that time to fight and defend themselues from violence euen vpon that day And it is in a L. omnes C. deferâ—â—s some cases euen by mans law not wronglie declared to cease The precept of obeieng our parents is aright interpreted to haue no b L. Lucius ff de condit demonstr L. nepos ff de verb. signif L. filius ff de cond instit l. reprehendcÌ„da C. de insti subst ibi DD. place where the father commandeth anie vnlawfull or dishonest thing The commandement of kéeping our oth is not so generall but that it is c L. non dubium C. de legibus l. fin C. de non numer pecu c. non est obligator de reg iuâ— is in 6. declared rightlie to cease where it should otherwise bind vs to performe an vnlawfull thing And although by the law of God and of nature d L. manumissiones ff de institia iure inst de iure personarum euerie man is borne free according to that of the Psalmist Thou hast subdued all things vnder his feet yet hath the law e Ibidem of nations not vngodlilie attempered this and declared bondage vpon good occasions to be lawfull least otherwise those which be ouercome in warre should without mercie be put to the sword For S. Paule saith Art thou bond seeke not to be loosed By the law of nature and of nations traffike betwixt man and man ought to be frée yet hath law positiue f C. ne Iudeus Christ mancipium l. inter stipulanteÌ„ ff de verb. oblig §. sacraÌ„ ibi DD. iustlie declared the said law in some cases to cease It is of the law of nature to haue him called and cited to be present at anie act who may be interessed or preiudiced thereby yet the souereigne prince vpon good cause vsing that right which is in him although it may indirectlie turne to the harme of another may g Gl. in l. anâ—ep ff ex quibus causis maior quà m dicit com approbari Fely c. eccles Ext. de constitut infranchise another mans bondslaue the maister not being called By which examples it appeareth that albeit princes and other iudges who are all inferior to the law of God and of nature cannot dispense with them vpon anie cause by releasing the bond of them yet vpon good and sufficient grounds in such cases as be euidentlie of that nature which by most strong arguments we may gather that God himselfe would not haue included in the generalitie of his law interpretation declaration and limitation may be made of them And this is one kind of a Decius coÌ„s 112. in c. que in ecclesiarum Ext. de costiâ—utionibus dispensation of iustice largelie so called whereby the bond of the law is not released but the law is interpreted in such case not to haue place according to the true meaning of it But yet with this moderation that we neuer so intend and presume for the sufficiencie of the causes where vpon such declaration of the law of God and of nature is supposed to be grounded but that for stopping of a dangerous step vnto tyrannie and blasphemie proofes to the contrarie must alwaies be admitted if anie may be brought Now in that other member of Dispensations of iustice more properlie so called which are bestowed about the positiue lawes of man we haue to obserue two seuerall varieties One is when the generall force and obligation of the law remaining yet the reason thereof in some particular case dooth cease which may and ought to be by the souereigne prince or other inferiour iudge so declared Another is when as the law is grounded vpon diuerse reasons For then though one or two of such reasons doo cease yet in regard of those reasons thereof which doo remaine the law shall still reteine his force Nay though the positiue law of man be enuious as b L. vnica C. de caducis tollend was Lex Papia verie c L. prospexerit ff qui a quibus grieuous and hard or such as the reason thereof is wholie ceased yet shall the disposition and life of it continue and howsoeuer the execution thereof perhaps may be intermitted yet is not the law thereby taken awaie and extinguished but is d L. vnica in principio C. de caduc tollend onelie Sopita as it were laid asleepe for a time So that if the like necessitie happen for the which such a law was first established it shall reuiue againe without anie new enacting which it e L. inter slipulantem §. sacram ff de ver oblig could not doo if it were wholie extinguished For otherwise if euerie priuate man might take vpon him to decide when and how the reason of his superiors law dooth wholie cease and that thereby the law might be said to be extinguished and abrogated which kind of interpretation * L. fin C de legibus dooth onlie belong to the souereigne prince or to such as he committeth it vnto then verelie in this last case there should need no dispensation though in the meane time such libertie would bréed a great confusion and an open contempt of all lawes Howveit I haue declared alreadie that wheresoeuer the generall law dooth remaine though in some particular case it doo cease that there as in the other cases here alledged this Dispensation is needfull and ought not in right to be denied for the which cause it is also called A dispensation of iustice Besides these there is a third kind of dispensation mixt of both as taking some part of that which is called Of grace bicause he that hath authoritie to dispense hereby is not in waie of iustice preciselie compellable to grant it and borrowing other some part of that which is called Of iustice bicause this ought not to be granted simplie but vpon iust cause by reason that the positiue lawes of man about which onelie this dispensation is conuersant by common intendement are enacted for some publike vtilitie and benefit So that without good ground a man ought not to be exempted from the generall charge of the common-welth which other are to suffeine speciallie when such his exemption shall be burdensome to others This last sort of dispensations may be defined to be A release in some especiall case and certeine persons of the generall bond and reason of a positiue law by him that hath authoritie therevnto And this authoritie must either be committed expreslie or is couertlie implied to be attributed vnto a souereigne prince either by the operation of the law as when * L. d. C. de legibus
maiestie of a ruler to acknowledge himselfe as cheefe tied vnto lawes Whereas neuerthelesse the emperors speaking else-where in the same law doo saie thus of themselues Although * Seuerus Anthoninus §. vlt. instit quibus modis testa infirmentur l. princeps ff de legibus we are not bound by lawes yet we liue according to them So that by the law which he alledgeth the verie contrarie vnto his position might seeme to be gathered bicause if the person of the prince be tied by the bond of the positiue lawe then should a dispensation be as requisite sometimes for him as for any other which in like maner is tied and bound vnto it Some doo reconcile these lawes thus That a souereigne prince is therefore not said to be bound by lawes bicause he may abrogate them at his pleasure Other saie that he is tied onelie to the law of nature and of nations but not to positiue lawes A third sort doo hold with good probabilitie that he is bound to positiue lawes according to their force Directiue but not Correctiue to be directed by them so farre as may concerne him but not to be corrected of them neither yet that of necessitie he is to be directed by them but of congruencie and conueniencie onlie according * Claudianus de 4. consulaâ—u Honorij to that In commune iubes si quid censésue tenendum Primus iussa subi tunc obseruantior aequi Fit populus nec ferre negat quum viderit ipsum Censorem parere sibi componitur orbis Regis ad exemplum And so is the king of * 5. E. 4. 32. 39. H. 6. 39. England also tied to some positiue lawes according to the iudgement of the iustices Yea it is in this respect honourable to the prince to suffer himselfe to be directed by godlie ecclesiasticall lawes not impugning his prerogatiue except good cause may be alledged of relaxation And therefore the Dishonour and danger to hir Highnesse which in the Minor he assumeth we are easilie deliuered of till he can shew better cards for it And where he extendeth this reason of Dishonour to infringe all dispensations granted likewise to subiects he is not so well aduised as he might be For seeing it is necessarie vpon sundrie weightie occasions that immunities and dispensations for * Preamble of the statute 25. Hen. 8. ca. 21. humane lawes be granted to some aboue other and the ambiguities of Gods law and of the law of nature in some cases to be declared and interpreted it were more dishonorable to hir Maiestie to attend these meaner matters from time to time in hir owne person than it can be in the woorst construction to put them ouer to some of hir subiects And as it cannot be conuenient for hir Highnes to attend in person the execution hereof so hir royall dignitie is no waie impeached by yeelding this authoritie to the Archbishop who must where cause requireth performe this dutie but as a minister herein to hir Maiestie and the state and who cannot dispense as he list but with confirmation vnder the great seale of England as the statute dooth limit Yet he importuneth hir Maiestie still by telling hir what hir Highnesse most noble father would haue done if he had Vnderstood so much as the Abstractor dooth not onelie to take dispensations awaie from the Archbishop but belike in regard of them to take him awaie also as he did An Abbat a match truelie and comparison as vnlike as if we should compare the Abstractor to an honest modest man And for this end he exhorteth hir Maiestie to Submit hir selfe to the scepter of Gods word as though she had not done it hitherto But he and all the knot of them by these spéeches doo indeed vnderstand the submission licking of the dust of their Seniorie and Eldership which is neither dishonourable for sooth nor so dangerous to hir Highnesse as is the committing ouerof dispensing in causes requisite vnto the Archbishop bicause they amongst them haue so concluded that it shall be touching the perill To hir Maiesties honor and safetie which groweth By the Archbishops dispensing in matters repugnant to the holie scriptures vpon a corrupt construction a sinister iudgement and not right discerning what things be repugnant to scripture it shall easilie be yeelded vnto that it is neither for hir Maiesties honour nor safetie to suffer the lawes of God to be broken albeit those words of the statute as haue béene shewed doo not extend vnto all dispensations by vertue thereof to be granted But first he and his complices must beat their sconses a while to teach the Archbishop how he ought aright to construe to iudge and to discerne the scriptures where vnto as he saith his dispensations are repugnant belike according to some anagogicall tropologicall or cabalisticall sense of their owne deuise wherof they haue perhaps dreamed Yea and all this adoo which he maketh about dispensations to the princes person is vnseasonable and impertinent wholie to the matter in hand concerning the validitie or inualiditie in law of dispensations for pluralities and therefore might with better prouision to his owne credit haue béene spared 16. Section Pag. 140 141 142. 143 144 145. THe Abstractor which thinketh he hath found Absurditie in the Statute goeth on still in his owne absurd dealing purposing to shew as well by statute as by the Canon law certeine adiuncts necessarilie to be obserued in these dispensations which he in this whole treatise laboureth to prooue by both the said lawes to be vnlawfull Which course must néeds séeme to wise men a strange peece of worke that those lawes which doo condemne them should so exactlie describe their properties and circumstances in what maner with what care and to what kind of persons they ought to be granted And first of all he here woundeth the smoke verie deepelie and fighteth valiantlie with his owne shadow in that he would prooue Pouertie to be no sufficient cause of dispensation and that euerie one dispensed with alreadie for pluralitie can not iustlie be reputed for a poore man neither of which I did euer heare by anie man hitherto to haue béene mainteined But in going ouer his proofes hereof I must put him in mind that Rebuff his first witnes hereto produced though he allow not of pouertie for a sufficient cause of it selfe yet he insinuateth thus much that being ioined with worthinesse it is adminiculant as we call it and that it addeth weight to desert for procuring of a dispensation For in deed as it is reason that a man worthie and able to profit the church should haue sufficient maintenance though it be by mo benefices than one for supplie of his necessitie and towards hospitalitie so if he be of sufficient patrimonie otherwise though he be neuer so worthie and his ecclesiasticall liuing be euen vnder a mediocritie then there is lesse cause a great deale why he should looke for another And againe the same
answers before made may suffice The first of them he would prooue by similitude of other matters wherein a bare allegation without proofe is not sufficient Which though it might well be spared as being nothing doubtfull nor necessarilie concludent to his purpose yet I must tell him that his quotations in the margent doo not warrant that which is in the discourse For * Bartol in l. 1. C. de probat Bartol in the place quoted onelie saith that the plaintiffe is to prooue his action as the defendant is his exception The place quoted out of the Authentikes Collat. § teneantur and the next Glos Doct. in proem l. 6. are new-found directions which I cannot for my part skill of except by the latter of them he shuld meane the preface vpoÌ„ the Sext where yet no such thing is found That Of restitution of a church damnified wanteth wholie proofe where he saith The like is verified of him that is dispossessed of his goods in the time of his absence beyond the seas and thereto quoteth or ment to quote C. consultationibus Ext. de offic delegati He is to vnderstand that no such thing to any like purpose is there verified but that If a man pretended himselfe to haue beene eiected out of possession through wrong or force by some that is then trauelling abroad about studie or such necessarie occasion that possession may not be awarded in this case vnto him Touching the next and second point though the dispensations we handle were such as ought to be granted according to the strict course of proceeding in lawe yet one of the foure causes which is sufficient being so easie to be prooued as he himselfe dooth confesse we shall not need to expect a concurrence of them all as he must either here haue insinuated to be requisite or else must yeeld that he talketh impertinentlie to the matter Yet both necessitie and vtilitie to haue beene looked vnto in these dispensations may be shewed though not in the prerogatiue court amongst wils and administrations as he gesseth nor yet as arising by Not teaching the people as he calmuniousâ—ie dooth suggest But bicause it is more profitable for the people of two parishes to haue a learned man sometimes to instruct them and he thereby to be well mainteined than that they should be committed to two seuerall men though abiding with them continuallie yet not able to preach to anie purpose vnto them And both the consecution hereof and the thing it selfe considering the number of congregations and the raritie in comparison of them all of able preachers in England is or may be notorious to the world Yea and they are forced to take the like course for want of able preachers in other reformed churches abroad as in Holland Zeland and other places at this day where I wis they haue not all their ministers learned and able preachers but sundrie simple though godlie artisans to serue in their meaner congregations And if he tell vs here it were better in this case to haue an vnion though this cannot so be cast that either the people may or will come togither to one place but that euen then there must be chapels for easier resort in winter and for the elder and weaker sort at all times which is all one in effect with Pluralitie séeing the auditorie receiueth partition yet it were more thanke-worthie in him or in any other that could deuise a plat not onelie how all these and other difficulties and the inconueniences of innouation may be met with in these vnions but also the meanes how it might be compassed that patrones should willinglie relinquish their inheritance herein or ioine it according to this deuise with others Per alternas ternas aut quaternas vices or how it may stand with reason to breake the founders and testators wils in this case more than in the other In his entrance into the third point he contrarieth his Contrarietie owne saiengs as well afore where he assured the commissioners they should find Manie dispensations vpon omission of some circumstances to be void and thervpon their benefices void as here where he saith The most part of dispensations to be nothing in effect at all For here he alledgeth manie lawes onelie to prooue that such faculties ought to be reuoked and made void in lawe and so confoundeth Void in law and voidable onelie by law But to this third point I answer Insomuch the Archbishop hath by statute Full power and authoritie by his discretion to dispense whereby sufficient cause is alwaie presumed and he not tied to all these solemnities and circumstances and for that neither the places by the Abstractor afore alledged doo make a dispensation simplie void where such circumstances be omitted and bicause manie things may be done in other forme and maner than law prescribeth which are not in that respect void and adâ—â—hilate as hath béene shewed in the first treatise and lastlie bicause the allegation of these omissions is a matter in fact and by himselfe but surmised without proofe that although all his allegations of law here were directlie to his purpose that yet these dispensations are neither void nor voidable But in the fourth and last place he presseth vs with authoritie of The Lords seruants who speake against them preach against them and write against them Indeed a man may be the Lords seruant and so doo though thereby it dooth not follow that either they doo well and aduisedlie therein or that they perfectlie vnderstand the matter and the exigence of the cause or that therefore the thing is impious and wicked I haue knowne as great greater exclamation vsed against meere indifferent things now by them confessed so to be as though they had béene either simplie impious or so fowlie abused that they could not haue any tollerable vse euen by as godlie and learned men as these are which now he speaketh of But it is the abuse of some few carelesse men and not of the matter it selfe which giueth occasion of that offense which is taken and it were vnreasonable bicause caterpillers some yeare haue bred in your orchards in that respect to hew downe all your trees The philosopher saith Whatsoeuer hath his vse may be abused sauing vertue And so whatsoeuer may be abused being not simplie vicious and wicked may be well vsed And it is not the continuall aboad amongst their parishoners which none of them all doo nor the often but the sound orderlie and pithie preaching vpon necessarie points that dischargeth the dutie of the pastor who may be in truth as bad as Non resident though he were continuallie nailed to the pulpit as Luther once pleasantlie spake of Pomeran And those which by following this theame doo shoot at nothing else but to tie vp a good and learned diuine to a petit and meane salarie by yeare let them be assured that desolation of the exact studie of diuinitie and other good learning whereby onelie
vs shall lay to some vvholesome remedie If the disease and maladie of pluralites in time of ignorance and superstition was such that the blinde leaders of the blinde 5. P. 2. had their eies in their heads to see the infection therof to be most perillous as well to their synagogue as to their common weale how is it possible that plurified men in the time of the knowledge and truth of the Gospell should finde anie meanes to escape the fire and reuenge which the idolators feared And not onely these Canons and prouincials but the statute lawes of England also made against these excesses prohibite likewise the hauing of â—â— benefices as appeareth by an act of Parliament made the 21. yeare of Henrie the 8. the tenor whereof ensueth And be it enacted that if anie person or persons hauing one benefice with cure of soules being of the yeerelie value of 8. pounds or aboue accept and take anie other with cure of soule and be instituted and inducted in possession of the same that then and immediatlie after such possession had thereof the first benefice shall be adiudged in the lawe to be voide And that it shall be lawfull to euerie patron hauing the aduouson thereof to present another and the presented to haue the benefit of the same in such like manner and forme as though the incumbent had died or resigned Anie lisence vnion or other dispensation to the contrarie hereof Pag. 113 obtained notwithstanding And that euerie such license vnion or dispensation had or heereafter to bee had contrarie to this present act of what name or names qualitie or qualities so euer they bee shall be vtterlie voide and of none effect As touching anie other Canons made and in force before 25. Henrie 8. allowing certaine immunities priuiledges and dispensations to be graunted for the possessing of manie benesices and Parish Churches rightlie vnderstood are no waie preiudiciall vnto these former ordinaunces For in things depending vpon the meere disposition of man though the magistrate haue authoritie as well generallie to forbidde and prohibite as also in some cases besides the said lawe to license and dispence yet concerning the matter of pluralities it will not be found Pluralists I confesse and their abettours ground their assertions vpon these and such like rules following viz. Eius est destruere cuius est construere eius est interpretari cuius est condere Papa qut ius condidit est supra ius matorem enim retinuâ—t potestatem c. That is To him it belongeth to pull downe to whom it belongeth to set vp and the interpretation of the lawe belongeth to the lawe maker the Pope that made the lawe is aboue the lawe because he hath retained a greater power to himselfe then he hath giuen to the lawe The Pope hath a fulnesse of power to dispose of benefices at his pleasure And therefore saie they As Churches were at the first by Lawe positiue both founded and distinguished so may they againe by the same Lawe positiue either be cleane taken awaie or vnited Which vnnecessarie and sophisticall consequence is simplie to bee denied First for those former rules generallie vnderstoode without limitation and distinction bee either vtterlie false or else contrarie and repugnaunt to other principles of Lawe Pag. 114 Againe concerning these or anie other like generall conclusions in lawe I aunswere and that by an vnfallible maxime in lawe that no rule can be so generallie giuen in thinges of meere pollicie and disposition of man onelie deuised by man of which sorte these former rules are that receiueth not some limitations and restrictions And that therefore these principles wherevppon the foundation of pluralities is layde beeing weake and easilie shaken with a little blast of mannes wit cannot stande or haue anie sure setling in as much as against the same manie challenges may bee made and manie exceptions taken Secondlic the foresayde coherence followeth not for two apparaunt and principall fallacies contained in the same as afterwardes shall bee manifested But first touching these rules before mentioned Eius est destruere cuius est construere c. Hee may breake a Lawe that may make a Lawe the same is not alwaies true It taketh no place Vbt causa prohibitionis est perpetua where there is a perpetuall cause of a prohibition For then the cause beeing perpetuall the prohibition ought to bee perpetuall Quta perpetuam habet causam prohibitionis nulla est obligatio Because Fi. de verb. oblig l si slipuler in id glos extra de simo c. si quis ver iuramentum it hath a perpetuall cause of prohibition there is no obligation As for example the reason and cause of prohibition against murther thefte rauine blasphemic is perpetuall and therefore the Lawe against murther thefte rauine and blasphemie ought to bee perpetuall And therefore men hauing once made Lawes against these vices it is not lawfull for man afterwardes to dispence with these vices or by license to warrant anie man to steale to kill to spoile or to blaspheme For whosoeuer shall in this sorte dispence with a Lawe the same also may dispence with the reason of the Lawe and so with the soule and life of the Lawe and so make the Lawe a vaine and dead Lawe Ratio legis est anima legis Pag. 115 The reason of the Lawe is the soule and life of the Lawe and therefore as none may dispence with the reason of the Lawe or take awaie the soule and life of the Lawe so none may dispence with the law or take awaie the Lawe Now for as much as it is not lawfull for all the Princes in the earth to chaunge or dispence or take awaie the reasons and causes of the Lawes prohibiting manie benefices Therefore it is not lawfull for them to chaunge or dispence or take awaie the Lawes against pluralities The reasons where vpon pluralities are forbidden are reasons taken from the Lawe of Nature and from the equiâ—â—e of the Lawe of God but none can alter or take awaie the lawe of Nature or dispence with the lawe of God therefore none can Institutio de iure nat gen ci § sed naturalis Iam. alter or impugne or dispence with the reasons of either of them For as the lawe of Nature is immutable so is the reason of the Lawe of Nature immutable and as the will of GOD is vnchaungeable so is the equitie of his Law vnchaungeable to If then naturall reason bee the cause and soule and life of a naturall Lawe and the will of God the onelie cause of the Lawe of God and his onelie will the rule of all iustice vuchaungeablie none can challenge authoritie to chaunge or dispence with the Lawe of Nature or with the Law of God but hee must foorth-with challenge authoritie to dispence both with the reason of the Lawe of Nature and with the pleasure and will of GOD. And therefore out of the premises I conclude thus 1
Wheresoeuer the cause of a prohibition is perpetuall there the prohibition ought to be perpetuall 2 But the cause of the prohibition against pluralities is perpetuall 3 Therefore the prohibition ought to be perpetuall 1 Euerie lawe grounded vpon the reason of nature and the Pag. 116. equitie of the lawe of God is immutable 2 But the lawes prohibiting pluralities are grounded either vpon the reasons of nature or vpon the equitie of the lawe of God 3 Therefore all the lawes prohibiting pluralities are immutable THE first proposition of the first syllogisine hath beene proued Institut de iure natu gent. ciui § sed naâ—uralia Iames. alreadie the first proposition of the 2. syllogisme is manifest Omnia naturalia sunt immutabilia All naturall things are immutable and there is no altering or shadowing by turning with the almightie The second proposition of either syllogisme shall bee manifested by that that followeth But first to aunswere the falacies before spoken of because pluralities are not forbidden by lawe positiue of man alone but prohibited also by the lawe of nature and by the lawe of God therefore it followeth that they may not be tollerated by lawe positiue of man alone And therfore if pluralitie men would fitly argue to conclude their purpose they should frame the same after this sort 1 Whatsoeuer is prohibited by the law of man alone the same by the lawe of man alone may be licensed againe 2 But pluralities are forbidden by the lawe of man alone 3 Therfore they may be licensed by the lawe of man againe THE second proposition of which syllogisme beeing vtterlie false you see euidently wherein the conclusion halteth and the falacie consisteth therefore I conclude against them thus 1 Whatsoeuer is forbidden by the lawe of nature by the law Pag. 117. of God the same cannot be licensed by the law of man alone 2 But pluralities are forbidden by the law of nature and by the lawe of God 3 Therefore they cannot be licensed by the lawe of man alone And againe 1 Whatsoeuer ratifieth a thing monstrous and against nature the same may not be priuiledged by the law of man 2 But dispensatioÌ„s for pluralities ratifie monstrous things and things against nature 3 Therefore dispensations for pluralities may not be priuiledged by the lawe of man THe second proposition of the first syllogisme shall be proued in this place The second proposition of the last sillogisme I proue from the etymologie or discription of a priueledge or dispensation for a priuiledge and a dispensation in effect signifie both one thing Priuilegium dicitur quod emanat contra ius Glos lib. 6. de rescript c. versan principio Extra dâ— iudic c. At si clerici § de adulterijs â—ommune in fauorem aliquarum personarum super prohibitâ—s despensatur quia permissa iure communi expediuntur prohibita vero dispensatione egent A priuiledge is said to bee that that for the fauour of certaine priuate persons commeth forth against common right things prohibited are dispensed with because things permitted are dispatched by common right but things forbidden require dispensation By which discriptions of a priuiledge and dispensation it is apparant that a priuiledge and dispensation for pluralities must license and authorise that that the lawe against pluralitie dooth infringe and disalowe and so bee a lawe contrariant and repugnant to the Lawe against Pluralities but the Lawe against Pluralities is the lawe of nature and the lawe of God Therefore a priuiledge or dispensation for Pluralities is against the lawe of Nature and against the lawe of God a more monstrous lawe was neuer established Nowe Pag. 118. that Pluralities are forbidden by the lawe of Nature and by the lawe of God which was the second proposition of my first Syllogisme I proue thus All the reasons wherevpon the positiue Lawe of man against Pluralities was first established are taken and drawne from the Lawe of Nature and from the Lawe of God The reasons and causes of the prohibition are these First the auoiding of Couetousnesse of Ambition of Theft of murther of Soules of a dissolute a roaging and a gadding Ministerie the necessitie of comelynesse and decencie in the Church are speciall and primarie causes for the prohibiting Pluralities but all these are forbidden or commaunded by the lawe of God therefore the causes of the prohibition of Pluralities are grounded vppon the will of God and therefore immutable and therefore not to be dispensed with Againe for one man to haue the stipends of manie men for one man not able to discharge his dutie in one place and yet to haue many charges in manie places committed vnto him for one man to hinder another man from ordinarie meanes to doo good to the Church all these causes I saie are second causes for the prohibition of Pluralities but all these causes are causes of reason and nature therefore by the Lawes of reason and nature Pluralities are forbidden and therefore not to bee dispensed with no more then thefte or murther or blasphenne maye bee dispensed with And if Antichrist thinke it Thefte Rauine Couetousnesse Ambition Pride murther of Soules for one man to haue manie Benefices without dispensation if Antichrist account the hauing of many benefices without dispensation to be a meete meane to maintaine a roauing a gadding and a dissolute Ministerie to foster extortion and vnlawfull gaine what shall the seruauntes of the Lorde Christ the sonne of the most highest Whome hee hath commaunded to bee holie and Pag. 119. perfect as his heauenlie father is perfect defend all these horrible sinnes impieties tollerable by dispensation Can a dispensation from a Pope or an Archbishoppe make Theft no Theft Rauine no Rauine Couetousnesse and Ambition no Couetousnesse and no ambition I speake heerein to Christians which ought to maintaine the Lawe of Christ against the lawe of Antichrist For I knowe some of the Popes Chaplaines grounding themselues vppon these rules of lawe whereof mention hath beene made before giuing vnto the Pope Merum imperium â—n absolute power on earth will affirme that the Pope Vid gloss Extra de confes prebend c. proposiut vers si pra ius §. Apostol dispensat 34. distinct c. lector Glos inc non est extra de voto vers authoritate can make Nihil ex aliquo and Aliquid ex nihilo Nothing of somewhat and somewhat of nothing Sinne to bee no sinne and no sinne to bee sinne These blasphemies they spue out and these blasphemies they maintaine that thinke they may bee theeues and murtherers and extortioners by dispensation And such are plurified men by their owne pluralitie Lawes as shall further bee manifested For as to the making of euerie generall and publike ordinaunce and constitution it is necessarilie required that the same tend first to the aduauncing of the honour praise and glorie of God secondlie that it bee proâ—itable and expedient for the peace and safetie of the weale