Extra ne cleric vel monac c. sententiam A Byshop may not bee a iustice of peace in cause of bloud SENTENTIAM c. Let no Clearke indite or pronounce a sentence of bloud neither let him put in execution any sentence of Bloude or bee present where it is exercised Neither let any clearke indite or write Letters to bee destined for the auengement of bloud Therefore in the courts of princes let not this care be committed to Clearkes but to lay men And agayne Extra de exces prelat c. extra EPISCOPVS cuius authoritate c. Abishop by whose authority manslaughter is committed is deposed from the ministery of the Alter and from his pontificall office and from the administration of his Bishopricke A Bishop eyther directly or indirectly giuing cause that manslaughter be committed the same being committed ought to be depriued from his Byshoply and Priestly office to be remooued from the administration of his Bishopricke And that this Chapter may not seeme sayth the Glosse to be vnderstood of manslaughter or murder vniustly committed or perpetrated these words are added in the Text Quia propter furtum quidam fur suspensus erat Because for theft a certayn theefe was hanged In the time of Henrie the second I finde that the sayde King gaue certayne Priuiledges and immunities vnto the cleargy the Tenor of which graunt ensueth Math. Pari. H. 2. fol. 185. ARCHIEPISCOPI EPISCOPI c. The Archbishops Byshops and all persons of the kingdome which hold of the King in cheefe let them haue their possessions of the King as a barony and thereof let them aunswere to the Kings Iusticers and Ministers and let them follow and doe all the Kings customes and as other Baronnies so shall they be present in iudgementes of the Kings Court with the Baronnes vntill the matter come to the losse of member or to death By which priuiledge graunted vnto the cleargy as I suppose our Bishops at this day haue their seates in the Starre Chamber and are Lordes of the Parliament house For before the graunt made by this King it doth not appeare they had any such priuiledges the words of the king not ratifiyng or confirming any former graunt made by his auncestors and predecessours Kings of England as in all giftes of confirmation vsually is done but gratifiyng his Clergy and other of his subiectes by giuing them newe liberties and franchises whereof before his time they were not possessed for in the graunt there is no repetition or mention of an Inspeximus wee haue seene the charters of our father grandfather or great grandfather but here is a meere and absolute graunte deriued principallye from the kings owne person H. 2. Whereby I gather that these offices in Cleargy men haue not bene of any long continuance in England and that by the ancient laws and customs of England they do not properly belong vnto them onely the King by his prerogatiue hauing power to make Barons at his royal pleasure and to appoint Iudges in his Courtes at his gratious will hath by the same his Prerogatiue graunted vnto the Cleargy that which before time by the common laws of his Empire did not appertayn vnto them and that therefore as the common weale was gouerned iustice ministred and lawes executed in the Kings Courts by the Barons before the time of this graunt by H. 2. without the ayde and assistaunce of Cleargye men euen so might the common weale at this day be as well gouerned by the like gouernment without any help frō any of them as in deede and truth the same in matters of pollicye and greate state these 24. yeares hath bene wonderfully gouerned without them For which of the Cleargy men since the Lorde sealed vp the eyes of Queene Mary hath once set his foote within the Councell Chamber dore to consult with the Nobility of matters of state Which of them hath carried any sway or borne any stroake in the Starre Chamber otherwise then as the punie Baron there hath doone And if Archbish and Bysh may be spared in the Parliament house yea may not come into that assembly at all whensoeuer any statute is to be made touching felony or treason or the losse of any member or sheading of any bloud◠I see not but they may as well be spared in matters of possessions and inheritaunces and in other matters of state and pollicy whatsoeuer and so much more rather in these then in the former by how much more the life of man is more precious then all other earthly possessions or treasures And by howe much more the taking away of the life of an innocent is more odible and heynons before the Lorde in case it be not done according to his worde In which matters the diuines are fittest to bee consulted with and whose counsels are not to be omitted least life bee taken away where it is forbidden or death take no place where it is commaunded But be it so that our B. may pretend their iurisdiction in ciuill causes to bee more auncient then from the time of K. H. the second yea be it that they may deriue the same from Edgar or Canutus before the conquest yet because Canutus ordayned that the B. of the Diocesse should be present at the Courtes of euery shire onely to teach the people Gods Lawe as Edgar before him had appointed the Shirife to be present at the assemblies and Synodes holden by the Cleargy twise a yeare onely to teach the same clergy mans Lawe namely the lawe of the Realme They are not to boast of Antiquity for their iurisdiction in causes ciuill They haue beene appointed long sithence to meete in deede in Ciuill Courts but onely to exercise the spirituall sworde But were it so that by the Lawes of Edgar and Canutus they might seeme to challendge great regalities dignities and immunities yet they know that by the Lawes of the first King and last King of the most noble most highest and most holiest king the king of al Kings our Lord Iesus Christ whose vassalls in worde they professe themselues to bee they haue no such enfranchisemēts granted vnto them yea rather that they be precisely willed being ministers of the gospel not to be called Lords or to be deuiders of inheritaunces But we will goe forward For not onely the decrees and ordinances before mentioned against seculer iurisdiction and ciuill offices in Ecclesiasticall men haue bene made and published by the B. of Rome and his Legates or Messengers for the regiment of his Cleargy a kinde of people as he saith onely to be gouerned by such positiue lawes as proceede from his brest Ciuil gouernment forbidden by the ciuill law to ecclesiasticall men But the Emperour also by the Lawes of his Empire hath directlye and absolutely commaunded the same ALIVM AVTEM FIERI c. But we suffer not a Byshop or an elder in his owne name or in the name of his Church or ministery to be made a receiuer or
graunted For in truth either the defect of the qualitie of the person or the want of a iust cause in lawe doth frustrate and make voyde euery dispensation For neither can a man qualified and in all respectes capable of a dispensation enioye the benefite thereof vnlesse he maye also enioye the same vpon a good ground and iust cause warranted by lawe Neither can a iuste cause and good ground approoued by Lawe bee sufficient matter to induce a Iudge to graunt a dispensation to him that is vnable and vnapt to receiue the same A man well Lettered singularly qualified and endued with vertue and godlinesse or of some noble house and parentage is by Lawe a fit and meete man to enioye moe benefices by dispensation then one Neither is it a sufficient qualification for one destitute of learning to become a Chappleine onelye to some Noble man For the statute prouiding that some Noble mens Chappleines shoulde be made capable by dispensation to retayne moe benefices doth not thereby take away the qualities requyred to be in such persons by common right but addeth a new qualitie requisite to be had of euery one and so maketh the law stronger and of more efficacie against pluralities Panor in c. ex parte l. 3. de verb signi fi fol. 189. nu 3. Statuta debent intelligi quod aliquid addant iuri communi Statutes ought so to be vnderstoode that they may adde somewhat to common right Extr de prebend c. ff de multa Circa sublimes literatas personas quae maioribus beneficiis sunt honorandae cum ratio postulauerit per sedem apostolicam poterit dispensari Concerning men of Nobilitie and learning who with greater benefices are to be honoured the Apostolike sea if reason shall requyre may dispence with such And in an other Chapiter the same is confirmed Extr. de elec c inâ—…otuit MVLTA ENIM in hoe casu dispensationem inducere videbantur literarum scientia morum honest as vitae virtus fama personae multipliciter a quibusdam etiam ex fratribus nostris qui eum in scholis cognouerant approbatae Manie thinges in this case seemed to leade to the graunting of a dispensation his learning his honest conuersation his vpright life and the good report of the person diuersly commended euen by some of our brethren which knew him at schoole These giftes and graces these qualities and these conditions are incident and appertayne by common right to these men that by way of dispensation maye possesse manie benefices Whosoeuer then is not commendable for his learning for his honesty for his sincere life or not of some auncient and noble familie the same man by lawe is vtterly barred and secluded from this benefite The second qualitie requyred to the validitie of euery dispensation is the waightinesse of some speciall cause as appeareth in the Chapiter before recited in these wordes Cum ratio postulauerit When reason requyreth Extra de voto c. 1. And againe we aunswere sayth Alexander the thirde in a decretall Epistle written to the Bishop of Exceter that it belongeth to the iudgement of him that is President that he consider diligentlye the cause of commutation and so accordingly to dispence And by the Chapiter Magnae Extra de voto It is playne and euident that there must be some speciall cause knowen for the which euery dispensation is to be graunted For as I sayde before to the ende that euery dispensation be good and auaylable by Lawe there is requyred necessarilie both the abilitie of the person to whome and the iustice of the cause for which the same ought to be gyuen For neither maye an able man without a iust cause neither a iust cause without an able man mooue the Iudge in anywise to dispence And to tell you what these speciall causes are in few wordes they are these vrgent necessitie and euident vtilitie of the Church Extra de ele c cum nobis Propter vrgentem necessitatem euidentem vtilitatem ecclesiae Capuanae quam in hac parte potius approbamus volumus ipsum firmiter perdurare Necessitie vtilitie of the church only iust causes of a dispensatioÌ„ For the vrgent necessitie and euident vtilitie of the Church of Capua which on this behalfe we rather haue respect vnto our pleasure and will is that he continue It is vnlawfull by common right for a Monke or Layeman to be admitted to the gouernment of any church with cure of soule yet notwithstanding if by reason of warre famine persecution or other extraordinary cause the office of pastorall teaching did cease so that the people had none to instruct them in the way of saluation 1. q. 7. requiritis §. nisi now in this case it is lawfull for him that hath authoritie to dispence with a Monke or Layeman endued with learning to the ende he might by instruction bring the people to knowledge It is vnlawfull that children borne of a Nun violently taken away and marryed should be admitted to any Ecclesiastical orders NotwithstaÌ„ding if the great profit or necessitie of the church require they may by dispensation be admitted Suppose there were a custome of long coÌ„tinuaunce and time out of minde in the Church of Paules contrary to the first foundation of the Church that not onely the Prebendaries daylye present at diuine seruice but also others absenting them selues should receiue euery one a like some dayly pention either in money or some kinde of victuall this custome by law is voyd because it is vnreasonable And yet notwithstanding anye iust and necessary infirmitie of the body of any prebendary or euident vtilitie of the same Church may be a lawfull and sufficient inducement for the Ordinary to dispence with the not restoring of that which was vnlawfully taken vnder pretence of the former custom If by the first foundation of the church of Paules twelue prebendaries were appointed to be maintayned by the reuenues of the Church and the sayd reuenues were not sufficient for the maintenance of these twelue the Bishop then in this case if the necessitie and vtilitie of the Church so requyre maye annect certayne other Chappels for the maintenaunce of the sayde prebendaries These examples do sufficiently prooue that euery dispensation priuiledge or immunitie ought to be graunted vpon some iust and reasonable cause and that the sayde iuste and reasonable cause ought euermore to be the vrgent necessitie and euident profit and commoditie of the Church And that the sayd vrgent necessitie and euident commoditie of the Church ought euermore to be vnderstoode the well gouerning of the soules of the people If therfore neither vrgent necessitie or euident vtilitie of the Church requyre that any one should haue many benefices yea rather if it be most profitable and necessarie for the Church that one man should haue but a liuing appoynted for one man and that by ioyning benefice to benefice and Church to Church the Church indeed is
gatherer of charges belonging to the treasury or to take to him either publike or other mens possessions or to be a steward of an house or proctor in any cause of controuersy or yet to become a suerty in any such causes that by this occasion both no hurt be wrought against the churches and that the ministeries be not hindred By wâ—ich Law the Emperour we see vsing the authority of an Emperour and exercising his imperial power ouer the Cleargy within his dominions and regarding the peace and quietnesse of the Church and to keepe the Cleargy as well as the residue of his people in due obedience of his Lawes and within the compasse of their calling hath established these his owne lawes for them his owne subiectes to be ruled and gouerned by Neither staieth hee him selfe in the prohibition of these offices alone but proceedeth further further with the like De epis cler Auth. presbiteros EPISCOPOS autem velmonachos tutelam alicuius personae subire non permittimus And as touching Bishops or Monckes we suffer them not to take on them the ouersight of any Orphane And again the Emperour Iustine writing to Archelaus the chief of the pretory commanded thus Cod. de epist cler l. repentita REPETITA PROMVLGATIONE non solum iudices quorum libet c. Wee repeating our Proclamations think it good not only that the iudges of euery tribunall or iudgement seat but that the gouernors of the churches of this excellent City amongst whome this most filthy kind of proouing dead mens willes haue crept in before warned that they meddle not with a thing which by the disposition of our Laws appertain not in any wise to any other then onely to the Mayster of oure reuenewes For it is absurd yea rather an ignominy for Cleargy men to shew themselues cunning of common Pleadings And the trangressors of this ordinance we deeme shall be punished with the losse of fifty poundes of Gould The reason of which constitution may bee drawne from another Law of the Emperour wherein is prohibited the selfe same thing QVI SVB. c. Wee thinke that the deceite of these men ought to be met with who vnder a pretense of being Deans or collegiat men when they perfourme no such duety endeuour by reason of other chardges to withdraw themselues that none vnder colour of some one office which hee dothe not execute might be eased of the weight and burden of an office which by duety he should execute And againe the same Emperour saith Cod. de testa l. coÌ„sulta diualia Cod. de dona l. in hac l. secunduÌ„ diui ff de decurio l. seuerus ff de iure immunit l. semper §. sina ABSVRDVM EST. c. It is against all rime or reason that offices shoulde be mingled together without order or consideration and that one man shoulde catch a thing committed to the credite of another man And therefore in another Lawe we finde it written thus Non est dubitandum quin nauicularii non debent decuriones creari quia vtrumque officium gerere non possunt It is out of all doubt that Shipmasters cannot bee made Senators or captaines because they cannot exercise both offices Agayne the Emperour still respecting the equity and reason of his former sentences and iudgementes saith thus PLACET nostrae clementiae vt nihil commune clerici cum publicis actionibus vel ad curiam pertinentibus cuius corpori non sunt annexi habeant It is our gratious pleasure that cleargy men haue no communion with publike functions or belonging to the court vnto whose body they are not incorporated And by this law saith the Glosse cleargy men can not be iudges aduocates or proctors in secular causes And will you know then sayth the same glose by what meanes Cleargie men haue gotten into their handes approbations of wils and Testamentes Glos ibidem ver coÌ„petit Quia modicum lucrum pro hiis dabatur clerici cupidi hoc sibi vsurpabant Because a little gaine was giuen for them couetous cleargie men haue vsurped them l. hiis quidem Cod. qui milit non pos lib. 12. l. 1. ff de colleg illicit Pride ambition couetousnesse and usurpation the beginning of ciuill iurisdiction in Cleargy men By the order and discipline of war it is vnlawfull for one souldier to take the paye wages allowed for two souldiers In societies of Cities and Townes corporate and other houses of companies and fellowships it is not lawfull for one to be gouernour ouer two companies of diuers craftes and misteries And againe Cod. de prox sacro scrut lib. 12. l. hac parte in fi Cod. de assesso l. fi NVLLO MODO c. Let them not in any wise take vnto them double offices or be written or enrolled in two regesters heaping by that meanes vpon one man manie commodities and leauing nothing for the residue Because Qui ad vtrumque festinat neutrum bene peragâ—t He that hasteneth vnto two things at once can performe neither of them rightly according to these prouerbiall verses Qui binos lepores vna sectabitur hora Vno quandoque quandoque carebit vtroque He that in one instant a brace of hares will trayle Shall loose the one sometimes sometimes them both shall fayle The reason why Bishops and Archdeacons exempt and disburthen them selues from generall hearing and determining causes of instance and iudgement of law committing the same vnto their Commissaries and officials Doctors of the ciuill law I suppose to be either for that them selues beeing ignoraunt of the law are desirous to haue iustice ministred by men skilfull of the law or els that they hauing dispatched them selues of all outwarde care touching the outwarde man might be wholly dedicated to the trymming and decking of the inner man not onely touching them selues but others also committed to their charge And if they for these respectes and to auoyde ignominy and reproch shun the executioÌ„ of law properly as they say and altogeather belonging vnto them what reason can they pretende to take vppon them the execution of the lawes of this Realm no whit pertinent to their callinges and whereof by all reason they are lyke to be more vnskilfull then of their owne Canons and constitutions By which Canons they are not onely forbidden as before to exercise any Ciuill iurisdiction for other men but also though the same concerne their owne seruauntes Extr. ne cler vel monac c. fi lib. 6. QVOD SI EPISCOPVS c. If any Bishop haue any temporall iurisdiction he ought to commit the same to some laye man that he maye take punishment of all malefactours Now if a bishop may not exercise his owne temporall iurisdiction descending vnto him by lawfull inheritance or otherwise belonging vnto him ouer his owne Tenants within his owne franchisementes and liberties in his owne person but ought to depute the same to an other how much lesse
relieue the sayd Clearke vntill he haue prouided him such a benefice as is not recouerable from him both to the ende no collusion between the bishop and the Clearke shoulde be vsed and also because the bishop should warely and wisely haue fore seene the first title to haue beene sure and good ⧠The manner of Archbishops bishops and Archdeacons visitations and what procurations are due for the same FIrst visitations saith the Canon law Extra de cens c. cum venerabili were instituted Causa correctionis for cause of reformation and therefore it is certaine sayth the Glosse Glos ibid. ver bis in anno in the same chapiter if the visitor be certain that the Church need no visitation he ought not to visite the same because the cause ceasing the effect should cease Secondly because visitations were ordayned to the intent a Church destitute of spirituall things might haue spirituall thinges ministred vnto hir 10. q. 2. precarie and for that by common intent of law Eztr. de prescrip c. cum ex Nemo tenetur beneficium facere de preprio vel propriis stiperdiis militare No man is bound to doe a benefite vpon his owne charge or to goe a warfare vppon his owne costes Therefore in these respectes and vpon these causes procurations were annexed to visitations as certayne proper and peculier stipendes due vnto visitors touching their necessary charges and expenses to be spent in and about the same Glos lib. 6. de censib c. faelicis ver manebit And to the intent no poore Church by ouer great costes to be expended for the procuration of a visitor shoulde be damnified therefore a sober and moderate procuration was at the first generally commaunded and is now speciallye rated to a certayne small value And againe leaste the Bishop might inconsideratelye and for lucre sake visite a whole Citie or Diocesse in one daye and so not onely without reason receiue so many procurations as there were Churches but also inuert the naturall order of the policie of the Church making the accessary namely the procuration greater then the principall namely the visitation a due and equall order was taken that the visitor should satisfie him selfe with one procuration for one day and that the number of procurations should not exceede the number of dayes spent in visitation In which visitation the Ordinarie is precisely willed to goe present in proper person vnto the Church to be visited and may not by common right commit his office vnto any other vnlesse he be diseased or hauing many places about one time to visite coulde not either in time of winter by reason of snowes or inundations of waters or in time of warre by reason of perrill and danger of the enemy commodiously resort vnto euery Church Which naturall intent and true meaning of the law is euidently by these words so often repeated viz. Personally exercise personally visited personally searching by him selfe with effect personall visitation If he can not commodiously or without difficultie come vnto euery one Vppon which worde Accedere sayth the glosse Patet ergo quod ire tenetur nec sufficit ad suam ecclesiam vocare It appeareth therefore that he is bound to goe neither is it sufficient for him to call to his owne church Neither doth the alteration of procurations from mony vnto victuals or from victuals vnto money alter the nature of the first institution of procurations For as at the first it was ordayned that the visitor and his retinue for the day where in he visited should haue a moderate diet in victuals prouided at the charge of the church to be visited So was it neuer intended by any alteration that he should receiue twenty or forty dayes diet in money for visiting twenty or forty churches at one place in one day Lib. 6. de cens c 1 § procurationes lib. 6. cod c. exigit But as a visitor by the first institution of procurations was to haue had his dyet in victuals onely for one day so was he by later decrees to receiue so much monye as was sufficient for one dayes diet onely Lib. 6. de cens c faelicis Which is apparant by the decree of Iohn Stratford Archbysh of Canterbury particularly and of purpose ordeined againste the Byshop and Archdeacon of his prouince For saith he though the Byshop visite many Churches in one day yet he shall haue but one procuration whether the same be in mony or victuall whereunto all the Churches so visited shall proportionally contribute Extrauag commu de censib c. 1. Which procuration for a Byshops substitute is limitted by a decree of Bennet the 12. not to exceede the value of fourescore Turons of siluer euery 12. Turons making one floren of pure Golde of an acune florentine according to our english estimate not amounting in coin aboue the summe of fiue shillings at the vtmost So that the whole procuration for one day to bee receiued by a Byshops substitute of all Churches called together ought to be at the vtmoste but thirty fiue shillings the whole procuration of an Archdeacons substitute for one dayes diet ought not to exceede the some of 12. Shillings 6. pence though eyther of them should call 50. or an 100 Churches together into one place in one day In like manner if the Byshoppe personally visite by himselfe then is he to haue for his owne and his retinues diet about fiue marks onely and in case the Archdeacon visite personnally then is he to receiue about twenty shillings onely Which procuration limitted vnto the Archdeacon by the decree of Bennet seemeth to be mitigated by a prouincial constitution in Lindewood whereby an Archdeacon is allowed towards one dayes diet for himselfe and his seruitors but 40. pence Which summe saith the glosse Sufficere videtur pro quatuor personis totidem equis cum vno summario seemeth to suffice for foure persons and so many horses with one sumner Which diet is to be vnderstood for one day naturall contayning 24. houres Wherefore I conclude that neither a Bysh nor a Byshops Commissary that neyther an Archdeacon nor Archdeacons officiall may at any time visite for lucre or gaine that hee may onely visite then and there when and where he knoweth iust cause of reformation that he may not take an excessiue but a moderate procuration that neyther he nor any of his retinue may take a reward that he may not reap earthly things vnlesse he sow spiritual things that he may not except vpō vrgent necessity visit more churches then one in one day that he may take but one prouisiō for one day that he may not take any procuration at al vnlesse he diligently performe the office of a visitor And lastly that Archb. B. Archd ought personally to visit vnlesse by Priuiledge they be specially exempted By which exemption they haue onelye this libertye that the Archb. By Archd. substitute may take so much allowances of
the churches visited as they may reasonnably spēd in one day that their substitutes may not purse vp or cary any treasure away as by the decree of Bennet before alleadged is euident For the same decree alloweth no more to the Archb. B. Archd. nor their substitutes then so much as they may wel spend in one day for there diet and other necessary chardges Concerning which priuiledge graunted by the Canon of Bennet the 12. exempting Archbysh and Bysh from necessity of personall visitation and licensing them to visite by others in as much as the sayde Canon being contrariant or repugnant to the Lawes Statutes and Customes of the Realme or derogatory to her highnesse prerogatiue royall is not therefore authorized but rather abrogated by act of Parliament I answere that the sayde priuiledge is nowe a voyde priuiledge hauing no lawe cannon constitution or sinodall prouinciall to iustify the same For whether a bull briefe or any faculty graunted vnto any subiect of this realm from the sea of Rome in the time of Queene Mary or else when for the enioying many benefices or being nonsident and such like be pleydable in any her highnesse courtes or allowable within any her dominions the case argued not long since at the barr of common pleas betweene M. Sergeant Fleetewood and M. Sergeant Wameslowe and passed by the iudgement of the whole Court against Wameslow arguing for the validity of a Bull from Rome doth prooue the contrary Wherefore vnlesse our Prelates will rashly incurre the penaltie of her highnesse Laws inacted against abetters of forraigne iurisdiction they are well and warely to be aduised not to sticke vnto any priuiledge heretofore graunted by any Cannon from any Pope for the exaction of procurations due vnto their substitutes the same Cannon as preiudiciall to the Queenes prerogatiue royall being abrogated yea they are soberly and in good discretion to vse the benefite of common right alone and onlie to practise such canons as are in force by the former act of Parliamēt namely personally to visit in māner form before described For if they shall hereafter vpon the knowledge of these things vnaduisedlie attempt any thing vnto the contrarie her maiestie may be rightly mooued to exasperate the matter and to haue her sworde whetted against such contempts For though by such kind of visitation as is prescribed by commō right some pore Archd. perhaps hauing their subsidies tenthes valued according to the rate of their procurations might not be able to satisfie her maiesties said tenths subsidies yet not onlie the reuenues of fat Archb. B. Archdeconries could be no impediment hereunto For that they haue either lands personages prebendes to supply all such wants but also her maiesty by seasing some yearly portion of the said procurations into her own handes might for the maintainaunce of her royall state both haue the reuenues of her treasury greatly increased also the whole ministery from vnlawful exactions lawfully released Euery minister woulde more freely no doubt in confideration of the singuler peace hee enioyeth vnder her Maiesty yeelde vnto her maiesty a voluntary contribution of the one halfe of such procurations as nowe are yearely payable vnto a Byshop or Archdeacon rather then to pay the whole procurations vnto the sayde B. or Archdeacon vnder whome and by whom and with whome he is at continuall Warre And so where her maiesty receiueth nowe yearely for an Archdeaconrye valued at 40. pounds but 4. pound by yere for tenths her maiesty may wel receiue 20. poūd euē four times so much as at this present is due yea where her maiesty receiueth the first fruites of an Archdeacōry but once in the time of a mans life the ministery no doubt to be disburdened of Bysh and Archdeacons vntollerable visitations will in steed therof cheerfully at the end of euery ten yeares yeeld vnto her Maiesty in steede of the sayd first fruites the whole procurations now due vnto the sayde Bysh and Archdeacons the one may hereafter lawfully be yeelded the other hath beene heretofore vnlawfullye exacted as appeareth by the Conons following Extra de censib c cū venerabili Li◠6. de censib c. 1. §. procurationes Lib 6. de censib c. exigit We decree that the Byshop when hee shal come to any church for cause of reformation take of the same Church a moderate procuration And let him receiue such a prouision as is appointed in the Canons But neither he him selfe nor any of his family by meanes of any office or custome or by any other meanes whatsoeuer may receiue any mony in the name of any procuration and prouision onely let them receiue moderate expenses in victualles c. that he may not seem to seeke his owne but those thinges which are Iesus Christes And if any thing repugnant vnto this decree shall be attempted let him that receiueth it be holden accursed from the which let him not at any time be absolued vnlesse he restore the double Lib. 6. censi c. faelicis But because experience teacheth vs that by this means many inconuenience happen as well vnto the persons visiting as vnto the places and Churches visited we graunt that patriarks Archb. B. other vnto whom the office to visit belongeth may of such gouernoures or persons of places visited as are willing to disburce mony lawfully receiue the same for their moderate charges of victuall to be spent in those dayes wherein they shall personally visite Adding moreouer that the visitor whether hee shal visit one place alone or many places shal not lawfully receiue any more then one procuration for one day although euery place visited by him were able to pay one whol procuration in as much as it ought to suffice him to receiue temporall things of the places personally visited for those days wherin he ministreth vnto them spiriiual things For many procurations may not sayth Pope Clement Clement de censib c. ad nostrum be receiued for one day the office of visiting not perfourmed Lib 6. de offic ord c. si episcopus Neither may or ought a Byshop that doth not personally visit exact by his substitute or deputy any thing at all of those whom he by his substitute or deputy shall so visite Lib. 6. decens c. 1. §. 1. §. deinde If commodiously or without difficulty hee cannot come vnto euery church let him call the cleargy layty from many places vnto one cōuenient place then let him freely visiting the clergy and people onely receiue procuration of the places visited Lind. de cēsib c. 1. in fin Moreouer we straightly inhibite the Archd. that they receiue by no means procurations without a reasonable cause only for that day wherein they personally visit a Church able to prouide for them neither let them presume to extort any thing for the redemption of their visitation for every ordinarye saith the glosse vppon the word Personaliter that
he that ineucteth him after this sort shall haue of him that is inducted necessary expences and such as are agreeable to his estate and calling vnder the moderation limited vnto the Archdeacon him selfe or his officiall if either of them had personally made any such induction Prouin lind de censib c. item licet ILLVM ARCHIDIACONORVM c. We detesting that abuse of the Archdeacons and their Officials and other Ordinaries whereby they exact of the Priestes appointed to celebrate in their iurisdictions before they doe celebrate a certayne and excessiue sume of money vnlawfully conuerting the liberalitie wherewith such Priestes were wont to content them selues receauing but one peny of Clearkes registring their names in their recordes vnto a confiscal exaction of sixe pence or there aboutes We ordayne that from hencefoorth of the sayde Archdeacons and other Ordinaries or any of their ministers vnder payne of suspencion from the celebration of diuine things by any meanes presume not to receiue of the sayde Priestes aboue one peny For the which there names must be registred in their first admissions Lind. de censib c. saeua A cruell and miserable greedinesse hath inuented that vnmeasurable exactions for letters of institutions of Clearkes admtited vnto ecclesiasticall benefices for letters of orders for labour of writinges and for seales are oftentimes made the Canon disalowing the same saying as it becommeth not a bishop to sell the imposition of handes so it is not decent for his minister to sell his quill Moreouer the Clearkes of Archdeacons and their Officials and other ordinances refuse to deliuer the certificates of inquisitions made vppon vacant benefices vnlesse they first haue an excessiue some of money for writing We therefore willing to abolish this abase haue determined by the aduise of this present counsel to ordayne that for the writing of the letters of inquisitions institutions or collations and commissions to induct or for the certificates of the same into their benefices the sayd Clearkes receiue not either by them selues or by others aboue 12. pence And for the letters of euery holy order the sayde Clearkes neither by them selues nor by any other shall receiue aboue sixe pence In other things let the Ordinaries themselues be bound to allot stipendes for their ministers and officers wherby they may iustly be satisfied But for sealing of such letters or to the Marshals for entring into the house or to the Portors or doore keepers or Barbers we will that nothing at all be exacted or payde by any coulorable intent least the payment for seales os letters or enteraunces aforesayd be turned vnto a damnable gaine Bishops and bishops men not a few are suspended by this Canon And this we ordayne vpon paine of double to be restored within one moueth Otherwise the Clearkes that refuse to restore double let them know them selues to stande suspended from their office and from their benefice And now generally to conclude It were not amisse in my simple vnderstanding that the whole Church made humble supplication vnto her excellent Maiesty and her honourable Counsaylers that the Iudges of the Land might bee consulted vppon the validity of the former act of Parliament and that it might bee knowne whether the foresayde Cannons established thereby or any of them be in force and if so that then her Maiesty woulde vouchsafe gratiously to take the Church affayres into hir owne handes and by hir commisson Ecclesiasticall appoynt such honourable and faythfull men as are not in the ministerie to examine the bishops proceedinges Viz. Whether they haue made any criminous and vnlearned ministers Whether they haue suffred any such men to remaine in the ministery all the tyme of her maiesties raigne Whether the Archbish haue dispenced in any matter or cause contrary to the word of God Whether the pastor of euery congregation be suffered to execute the discipline of Christ authorized by Act of Parliament Whether the Archbish bish haue sat in matters of blood Whether they haue made a minister without a title allowing him whereon he might liue Whether he haue made anye in his owne Diocesse without licence from his felow bishops Whether he haue receiued any money for letters of orders institutions or suffered his Archdeacons to do the like for inductions Whether he haue receiued money for excommunication and absolution Whether he haue set out his bishopprick or any part of his iurisdiction for an annuall rent Whether he haue not suffered his chiefe houses of resiaunce to fall into dilapidations Whether he haue not admitted vnto anye benefice the sonne of him whose father was placed in the same benefice before Whether hee suffer none to bee non resident but where the euident necessitie and vtilitie of the Church requyreth Whether he haue promulged and executed any Canon or iniunction without hir maiesties writ and royall assent Whether he haue personally visited the Churches of his Diocesse onely vpon iust cause and not for gaine whether a minister haue not by commoÌ„ right Act of Parliament a lawfull calling in the ministery and such a calling as from the which the bishop maye not remooue him without some speciall cause Whether an Archbishop or bishop by vertue of his Archiepiscopall or Episcopall authoritie may promulge or execute any Canon or Iniunction vnlesse it be made in conuocation summoned by hir maiesties wryt and authorized by hir royall assent Whether a murtherer or theife be vsually compellable vpon his oth to detect his murther or fellony Whether an Archbishop or bish may lawfully bring vppon hir highnesse leage people an inquisition sifting them with othes what fayth deuotion or maners they professe Especially the sayde people liuing in outward obedience of hir highnesse positiue lawes And if not then whether an Archbishop or bishop may lawfully vrge the like touching matters onely of discipline and ceremonies and commaunde hir sayde people by vertue of their othes to declare what when where or how they haue spoken or preached out of the word of God the truth of God touching the same Whether a preacher onely vpon occasion of his text teaching the people that weomen by the lawe of God may not baptize or that by the same lawe a Deacons office is not to preach may bee iustly condemned to haue preached maliciously against the booke of common prayer the sayd preacher not once mencioning in all his sermon one word of the sayd booke Whether a preacher of the Gospell borne within hir maiesties Dominions haue not freedome of an English Citizen to challenge the benefit of hir highnesse lawes for the defence of his person fame goodes landes and liuinges Whether a preacher of the Gospel fearing some vniust vexation of his Diocesan may not complaine into hir highnes court of Chauncery and haue hir maiesties writ Quia timet against the sayde Diocesan Whether a preacher of the Gospell may not lawfully haue his bill of complaint admitted by the honorable Counsellours Peares and Lordes of the Starre chamber against his Diocesans iniurious intreaties and contemptes of hir highnesse lawes Whether some kinde of writ out of hir highnesse other temporall Courtes may not lye as well against a Diocesan for proceeding against a preacher of the gospell contrary to common or statute lawe or contrary to hir highnesse prerogatiue royall as some kinde of writ doth lye against an Archbishop for proceeding against some other of hir highnesse liege people contrary to the intent of the statutes prouided against vsury periurie payment of tithes and such like Whether an Archbishop may sing a note aboue Aela and lawfully exercise an absolute power within hir maiesties Dominions Whether a minister admitted by the order of the booke of king Edwarde the sixth be not presently a lawfull minister and may preach in his owne cure with out any licence in writing from the Bishop Whether licences graunted by hir maiestie or hir maiesties ecclesiasticall Commissioners or any of the Vniuersities be at any time reuocable by an Archbishop alone Whether any licence for mariage without banes asking be lawfull or no and whether banes asking be of necessitie required by the booke of Common prayer Whether any commutation of penance be lawfull Whether a meere lay man no doctor of the ciuil law may be a chauncelor and so excommunicate Whether a meere laye man no Doctor of the Ciuill law may be a bishops register contrary to an Act of Parliament Whether it be lawfull for a symoniacall excommunâ—…cat and irreguler person to bee a ludge or no And 〈◊〉 an Archbishoppe be such a person whether he may resort to the Pope to be absolued or no or where or how he may be absolued Faultes escaped PAg. 12. li 29. for leaue these read leaue the seate pag. 12. li. 33. for he shall be in read be in pag 13. l. 24. for by the popes act of parliament read made by the pope coâ—…med by act of parliament pag. 14. l. 12. for he is deposed read he deposeth pag. 14 l 35. put a before certain pag. 14. l 13 for functions read fâ—…ns pag 18 l. 28. for correcteth or improoueth rea to correct and improoue pag 20. l. 35. read and that it did not concern the honor of the Sonne of the most pag. 22 l. 7 for 4 read 1â— articles pag 23. for corruptions read occupations pag. 33. l. 3 for the minister chargeth read the minister at the Bâ— instance chargeth pa. 56 l. 11. for that they read that the â—… pa 75 for collation read collusion pa. 71. l. 35. for curall rea â—urall p 79 l 15 for dicit rea dicere p. 79. l. 27. for oâ— yet a consent rea nor yet consent pa 82 l. 18. for partâ— rea pacta pa. 161. l. 9 for reputari idoneas rea reputare idoneâ—… pa 101. l 27. for this plurality man rea a plurality man pag. 103. l. 8. for harly rea Carlile pag. 103. l. 35. for canon rea common pag 151. for petion rea petition p 157. l. 5. for passion rea possession pag. 173. l. 27. for runneth thee rea runneth against thee pag 175. l. 25. for of sufficient rea of no sufficient pa 222. for seruants rea tenaunts pag. 141. l 25. for Abbot rea Abbiâ— pa. 169. for of excommunication rea of sole excommunication p. 122. l. 10. for Moses rea Ioâ—hua and pag. 122. l. 12. for Ioshua read Ioshuas 〈◊〉
of foresight of the waightinesse of the office vnworthilye haue taken vppon him the gouernement of any Churche a burthen too heauie for him to beare he maye foorthwith forgoe and renounce the same both so to be disburthened him selfe and that the Church also might be furnished with some able man to supply the necessitie thereof Ex. de prebend c. venerabilis PRO DEFECTV SCIENTIAE c. For want of knowledge a Man may desire cession For where as knowledge is chieflie necessarie about the Administration of spirituall thinges and also behoofefull about the charge of Temporall thinges let it be lawefull for him that hath charge to gouerne the Church in these thingts to renounce the sayde Church in case he haue no knowledge whereby he may gouerne the same For sayeth the Lorde thou hast reiected knowledge and therefore I will reiect thee that thou be no Priest vnto me Hence may be gathered two argumentes the one to prooue the necessitie of knowledge in a spirituall Pastour the other to prooue a lawfulnesse for the renouncing of that which without great preiudice and hurt to him selfe and others he can not retayne 1 He that taketh vppon him the administration of spirituall thinges must haue the knowledge of spirituall things 2 But he that taketh vpon him the gouernement of the Church taketh vpon him the administration of spirituall thinges 3 Therefore he that taketh vppon him the gouernement of the Church must haue the knowledge of spirituall thinges 1 It is lawfull for euery man that taketh vpon him a charge or function without knowledge howe to gouerne the same charge to forgoe and for sake the sayde charge or function 2 But euery vnlearned minister hauing a charge as without knowledge how to gouern the same his charge 3 Therfore it is lawful for him to renouuce his sayd charge ANd againe euen to auoyd the perill of soules and that neither age neyther any bodily disease or impotency should be any occasion or hinderaunce to the people from hauing and enioying the benefit of a teacher the law prouideth in this case also as followeth 7 q. 1. Petisti PETISTI c. Thou desirest that for thy age growing vpon thee and thy bodily infirmitie thou mightest without aduise in the same seat where thou gouernest place one in thy steed but we God beeing our helper giue counsell to thy holinesse that for the helpe of reasonable mens soules Christ beeing thy guide thou doe not leaue these which thou obtaynest in the Church of Mense but if the Lorde according to thy request shall giue vnto thee a perfect man who may take vppon him the care for the health of soules thou shalt ordayne him Bishop in thy place and he shall be in the Gospell committed vnto thee and in bearing the ministerie of Christ in euery place shall visite and comforte the Church of God All which Canons and constitutions being made published long sithence are againe confirmed ratified and allowed by latter constitutions decrees and ordinances as followeth Ex. commu de Praeb dig c. Ad regimen AD REGIMEN c. Although we by disposition from aboue vnworthily called to the gouernment of the vniuersal Church as we ought so haue we in our desires that by our indeuour and diligence fit men be taken to the regiments of Churches and Monasteries and other Ecclesiasticall benefices according to the diuine pleasure and our purpose and intent which might rule and profite the Churches Monasteries and the foresayde benefices to be committed vnto them And agayne Clement de aetat quali c p. 1. CVM ECCLESIAE c. For asmuch as the churches wherunto vnfit persons in knowledge maners or age are preferred suffer for this cause as experience teacheth in their spiritualities temporalities oftentimes great detriments we willing that this thing by the diocesanes of the places vnto whome this charge by reason of their office apperteineth be more diligently foreseene straightly enioyne that they themselues more diligently obserue and cause inuiolably to be obserued by their subiects such canonicall constitutions as haue hitherto bene published for the preferring of persons vnto such Churches if they will auoid the displeasure of God and the punishment due by the Apostolike sea And not onely these Canons established and confirmed by the Popes Act of Parliament but euen our own prouincial constitutions made long sithence for the realme of Englande haue ordayned and established a learned ministerie appointed an able and fit state of Cleargy men to be had through out the whole Empyre and Dominiōs of her Maiestie The tenor of some of which constitutions followeth Otho constitu cum sit ars §. exigit First Exigit namque ars nostra catholica vt sit vnicus in vna ecclesia sacerdos alias magister perfectus ordine habitu vita sancta scientia doctrina For our Catholique religion requireth that in one Church there be one Priest otherwise called a perfect teacher in order and habite in holy life in knowledge in doctrine Secondly Absque magistro preterea ecclesia desolata manet sape die nec persona in ea nec saltem vicarius perpetuus inuenitur sed aliquis forte simplex sacerdos de vita sancta scientia doctrina est ei nimis modica heu cura without a master the church oftētimes remaineth desolat hauing neither parsō nor any cōtinual vicar but perhaps som silie ignorāt Priest but as touching their holy life their knowlege and their doctrine alas there is too too little care had Otho const cum sit ars §. absque SACER ORDO c. A sacred order is to bee conferred to him that is most worthy to the end that by him the other sacraments might be ministred Wherfore since it is a thing very perillous to ordein mē vnworthy Idiots Illegitimate irreguler persons vnlearned persons vagrant and such as haue not any certayne or true title indeed We ordein that before the conferring of orders diligēt inquisition search be made by the Bi. of al these things Which constitutiō whether it be obserued or no I refer the reader to the directions of the By. Canons Wherin they manifestly tel vs that they proceed first enquire afterwards that they first giue the minister a charge appointing him to teach afterwardes send him to the Archdeacōs or his officials court to learn as is manifest in their Canōs published in the year of our Lord. 1571. Title Archdeacon also in the aduertisementes Title ecclesiasticall pollicy Wherein they haue not attended the meaning and intent of Lawe which alwayes requireth Bart. in l. si quis posthumos § filiū nu 3. ff de li. posthu ff de minor l. de aetate de feriis lc 2. Vt qualitates adsint eo tempore quo dispositio sumat effectum That qualities must then bee had when the disposition taketh effect Vt qualitas testis attenditur tempore
the glose prooueth that though an Archdeacon haue authority by his office to examine do present vnfit men to the Bishop that yet the bishop notwithstanding ought to be punished because the bishop is answerable for the fact of the examinor sithence the examination is made by his cōmandement and also for that reseruatum est episcopo ius examinādi illum Right is reserued vnto the b. to examine him examinatus enim examinatur in hiis precipue iniquibus vertitur periculum animae Glos c. ad haec ver examinentur Extrauag de offi Archid. Glos 1. l. non est A man once examined is to be reexamined especially touching those things wherein perril of soule consisteth Et factum quod est mutatur ex superuenienti causa And a deede once done is altered vpon a new cause ff de transact An Archdeacon hauing by lawe the custody of candlestickes copes and vestmentes other Idolatrous garments was remisse in safe keping these things wherevpon the Pope wrote to the Archbishop and willed him straightly to require the sayde ornamentes at his handes Extrauag de statut regul c. cum ad Monesterium § penul and further commaunded him to be punished and to make restitution if thorough his negligence or default any thing were perished in so much as by his office he was bounde to the safe custody of them Neither did he behaue himselfe Vt bonus pater familias in re sua gessisset As a good Father of an housholde would haue done in his own housholde affayres And thus farre touching the bishops vnworthily promoting vnworthy men vnto the ministerie touching vnworthy persons vnworthily promoted the decrees following tell vs what in like case shoulde be done with them Extrauag de aetat qua cap. vlt. QVAMVIS MVLTA FVERVNT c. Although manie thinges were proposed against the Bishop of Calinea yet because he him selfe hath confessed before vs that hee neuer learned Grammar neither euer had reade Donate and by euidence of the fact his ignoraunce of learning and insufficiencie is so apparaunt vnto vs that it were against God and Canonicall constitutions to tollerate so great a defect in a Bishop we haue thought good vtterly to remooue him from the execution of the office of a Bishop and also from the Administration of the Church of Calinea If it might stande with the good pleasure of the Lorde to mooue once Iehosaphat Firste with the booke of God secondly with the lawes of the Realme to make a generall visitation by men of sound and sincere religion and by men of valiaunt and stout courages I dare boldly auouch that the valewe of the first fruites of benefices that might be made voyde by the iust depriuation of vniust possessors euen by the euidence of the fact it selfe woulde amount to a greater increase of hir highnesse treasure then the best subsidie she hath leuied of them since the time of hir gratious gouernement Neither is this Chapiter impertinent to this purpose though herein expresse mention be made onely of a bishop For if you weigh and consider why the bishop was deposed the same reason is sufficient likewise to depriue any inferiour person offending in the like case The cause of the bishops depriuation was his insufficiencie and defect of learning and why then should not insufficiency and defect of learning be as iuste a cause to depriue a minister of an inferiour calling beeing infected with the same disease The charge and function of the bishop was to teach and gouerne others The same ende is allotted to euerye one that taketh vppon him the cure of soules The bishop wanting skill and abilitie to perfourme an office taken vppon him is degraded and cast out and an inferiour minister destitute of the same furniture is maintayned and kept in Againe Epis de statu Monacho cum ad Monast § Abbas ABBAS VERO c. But the Abbot whome all men ought reuerently to obey in all thinges how much more shoulde he be frequent with his brethren in all thinges hauing vigilant care and diligent circumspection that he may be able to giue an acceptable account vnto God of his office committed vnto him But if the sayd Abbot be a preuaricator or a despiser of his order or negligent or remisse let him know for a suretie that he is not onely to be deposed from his office but also some other way to be chastised considering not onely his owne fault but the fault of others is to be required at his hand And againe 18. q. 2. si quis abbas Si quis Abbas cautus in regimine humilis castus miserecors discretus sobriusque non fuerit ac diuina praecepta verbis exemplo non ostenderit ab episcopo in cuius territorio consistie a vicinis c. If any Abbot shall not be circumspect in gouernement humble chast mercifull discreete and sober and shall not shew foorth godly preceptes both in worde and example of life let him be remooued from his honour by the bishop in whose territorie he dwelleth and by the next Abbots and others fearing God notwithstanding all the congregation consenting vnto his sinne woulde haue him to be Abbot And therefore both these constitutions may serue to depriue all such ministers as in life learning maners and conuersation are like vnto such Abbots Yea and touching inferiour ministers the law hath likewise specially prouided as followeth Quod si forte necessitas postulauerit vt sacerdos tanquam inutilis indignus a cura gregis debeat remoueri agendum est ordinatè apud Episcopum c Extrauag de hereti cap cum ex But if happely necessitie require that a priest as vnprofitable and vnworthy ought to be remooued from the charge of his flocke you must ordinarily repayre vnto the bishop Againe Dictum est nobis presbiteros propter suam negligentiam canonice degradatos It is tolde vs that certaine Elders were canonically degraded for their negligence And here it appeareth sayth the glose Quod quis aeque deponitur propter negligentiam sicut propter dolum That one is as iustly deposed for negligence as for collation according to the tenor of the Canon following 1. q. 1. si qui epis Non modo pro haeresi vel pro qualibet maiori culpa sed etiam pro negligentia remouebitur He shall not onely be remooued for heresie or other greater offence but for negligence also Wherevnto also the lawes of the Empyre agree QVI NON SERVIT c. He that doth no seruice to the Church or fayneth him selfe to be a Clearke when in deede he is none he ought not to inioy the priuiledge of Clearkes but an other is to be surrogated in his roome And againe Ne argenterorum vel numulareorum munera c. 47. pag. 2. We commaunde that the charge of Bankers and such as lend exchaunge money for gaine be not left off by those which onely hastely desire
If no deceit on the part of the demaÌ„dant haue bene vsed but the thing it self hath in it deceit it is all the self same one case with the former For wheÌ„ so euer any man shal make a demand by vertue of that coÌ„tract in asmuch as he doth demaÌ„d it he doth it by deceit As for exaÌ„ple suppose I haue boght in good faith without collusion of you a peece of Plate for lesse then the one half of the iust value therof as suppose for 8. Pound which was worth 20. po afterwards I couenaÌ„t with you simply you promise to deliuer me the same plate in this case if I sue you for the deliuery of the plate you may vse an exception of guile against me because I deal deceitfully in demaÌ„ding the performance of a coÌ„tract which in it self coÌ„teineth iniquity For this coÌ„tract it self is against the equity of lawe prouiding that a man should not be so vnprouident in selling his goods as to sel theÌ„ vnder the one half of the iust value And therfore in this coÌ„tract being against law appeareth a manifest iniquity because the plate being worth 20. Pounds was solde by you for 8. Pound a lesse sum then 10. pound halfe of the iust price and therefore in it selfe by law without equitie and therefore neither to be demaunded by me neither to be performed by you And to make this more playne and so to apply it to my purpose bona fides good Fayth in this contract ought to be in this sort You for your part and I for my part and we both ought in trueth to think and bee of opinion that you haue interest right in the plate and so power to alienate and to sell it vnto me And therefore concerning the contract made betweene the Byshop and the party because the Byshop oftentimes knoweth the partie that is to be made a minister by him to be a man altogether vnlearned vnfit and vnapt to execute his ministerie duely and therefore cannot thinke him to be a man quallified as were requisite And because the partie that is to be made a minister knoweth himselfe vtterly voide of those graces and gyftes which ought to be in him and therefore cannot beleeue him selfe to bee truely called or mooued to that office by the holy ghost And because they both know that there hath bene no such calling no such tryall no such examination no such presentation c. As by the forme and order of the booke shoulde be I say therefore that good fayth wanting on both partes this contract made coulourably betweene them is meerely voyde and the one not bounde by lawe to the other to the perfourmance of the same therfore much lesse the common wealth or the Church of Christ to tollerate their conspiracie or to bear with their collusioÌ„ ff de Liber causa l. si pariter Extrauag de regni iure c. non est Extrauag co Non debet alterius collusione aut inertia alterius ius corruÌ„pi No maÌ„s right oght to be impayred by collusion or slouth of another Fraus dolus nemini patrocinari debet deceit guyle ought not to patronage any And therefore sithence Non est obligatorium contra bonos more 's iuramentum An othe made against good manners is not obligatorie and that Nemo potest ad impossibile obligari No man can be bound to a thing impossible and that Impossibilium nulla est obligatio of things impossible there is no band ff de reg in l. impossibilum Extra de reg nu in malis And that In malis promissis fidem non expedit obsernari It is not expedient that Fayth be kept in wicked promises I conclude that the impossibility or iniquitie of condicions to be perfourmed by him that is made a Minister make the contract betweene the Byshop and him meerely voide and of none effect in Lawe The impossibilitie of the contract made betweene the Bish â—nd the minister cause that the contract is voyde And that the Byshoppe according to the true intent and meaning of the Lawes whereof he hath the execution ought to cite and Ex officio to proceede and obiecte agaynst him in this sort You A. B. Parson of C. about twentie foure yeeres passed at what time I had appoynted a solemne day for making of Deacons and Ministers had called by my Mandat men meete to serue the Lorde in his holy seruices to teach his people and to be examples to his flocke in honest life and godly conuersation came before me making a great bragge and fayre shewe of zeale and conscience and of your knowledge in the holy Scriptures and that you woulde instruct them faythfully and exhort them diligently in the doctrine of Saluation by Christ in holinesse of life that you would exercise his Discipline according to his commaundement and that you woulde bee a peacemaker And all these thinges you faythfully promised and tooke vpon you to performe ioyning your selfe openly to the Lordes people in prayer with a solemne vowe Nowe so it is as I vnderstand by your demeanor euer since that in trueth you had no other ende but to steale a liuing from the Church though it were with the murther of many soules You dishonored the Lorde you made an open lye in his holy Congregation you circumuented mee by guyle and by crafte deluded me you haue euer since falsifyed your worde You haue not preached one Sermon these many yeeres you haue not instructed one of your parrishe in the doctrine of Saluation by Christ alone you haue not gouerned your familie as became one of your coate you haue not exercised the Discipline of Christ against any adulterer any swearer any drunkarde anye breaker of the Lordes Sabbothes you haue beene and are a quarreller among your neyghbours you cite them to my consistorie for toyes and tryfles and so abuse my iudgement seate you are an example of euill and not of goodnes vnto your flocke you ment no good faith at the firste you wittingly tooke vpon you a charge which in your owne conscience you knewe was impossible for you to discharge you prophaned the Lords most sacred name in praying hypocritically before him you haue not since repented you of these iniquities but haue continued obstinate in the same and therefore in as much as you for your part without any good conscience haue gotten you a place in the ministerie I for my part mooned by a good conscience and for the same my conscience sake to discharge my duetie to the Lorde haue summoned you publikely lawfully and rightly to disposse you of that place and depose you from that function whereof though publikely yet vnlawfully and vnrightly you are possessed neyther ought you or any other to thinke me rashe light or vnconstant in so doing For I tell you playne that herein I will both saye and doe that thing which the noble and wise Emperour sometimes both sayd and did in a
cōmon weale also lesse sinful to the lord then the other Lesse hurtful because the pore needy of the one haue oft a good sliuer of bread a good dish of drink at the patrōs doore yea sometimes a good meales meat at his table and a good fier in his hall But touching the Hospitallitie and housekeeping of a non resident his Kitchion Chimneis are euer like the Nose of a Dog euer colde neuer warme his Baylye playeth Sweepe Stake hee purseth his Wheate in a Six peny Bagge and carryeth his Barley in a little Budget sometimes Forty Miles sometimes an Hundred sometimes three hundreth from his Parsonage yea out of Ireland into Cambridge out of VVales into Oxenford from beyonde Lincolne to Salisbury from besides Leycester to Comberland from Malburne to Harley Lesse sinfull to the Lorde because the Patrone enioyeth his right by couenauntes and good will of him that by Lawe is reputed the lawfull person and whome he hath presented yea oftentimes also with the consent of the people whose Clearke they willingly receiue to be placed amongest them But the person Nonsident against his promise to his patrone against his oth to his Ordinary without consent of the people against the law of man against the Ordinance of the Lord robbeth spoileth the people of the tenth of their labours liueth idely by the sweate of other mens brows But to let passe the aunswere made before to the Pluralitie man and to speak no more of the Byshops owne wilfull negligence in making vnlawfull ministers that therfore hee hath no cause to complaine against patrones for preferring vnlawful men to benefices whō he hath vnlawfully preferred to so hie offices therefore not to be pitied in case by law he were punished because he should haue looked before hee had leaped I say to let this passe yet the obiection made before in their defence is an obiection in truth not to be obiected The trial of the ability of the person presēted whether it consist in learning or in life is and euer hath bene onely in the authority of the Church and neuer in the power of the Laitye Authent de sanct epis §. clericos col nona First touching the enquirye of their ability for learning to leaue to speake of the Canon Lawe which altogether attributeth the same vnto the cleargy the ciuill law and the Canon Lawes of this realm agree herein together and attribute the enquiry thereof to the cleargy onely The Ciuill law sayth thus Authent vt clericus qui reced § illud quoque coll quint. If they which are chosen by them as men vnworthy be forbidden to be ordeyned then let the most holy B. procure such to be ordeined whom he shall thinke meetest And thus we decree moreouer that thing to belong to the honour and worship of your seate that none buylding a Church or otherwise bestowing almes vpon them that minister therein bee thus bolde as by power to bring vnto your reuerence men to be ordeyned but our minde is that by your holinesse and iudgement they be examined touching the Idoneitie of a parson presented to an Ecclesiasticall benefice by the lawes of the Realme the examination of him likewise pertayneth to the Ecclesiasticall iudge and so it hath been hitherto vsed and so let it be done hereafter Articuli cleric c. 13. And againe Where the Ordinarie refuseth the Clearke for non abilitie which is in issue and the Ordinarie is partie that shall not be tryed by him because hee is partie but by the Metrapolitane if the Clearke bee aliue and if hee bee dead then by the Countrie where the examination was had 39. Ed. 3. fol. 1. Brooke title Triall 25. case And againe Where the Ordinarie after the patron hath presented doth inquire and finde the Clearke to be criminous and the time of the lapse by this meanes passe there he shall not make any collation by lapse but first giue notice vnto the partie if he be a layman but contrariwise if he be a spirituall man note the difference For he may know his owne Clearke Brooke Title Notice 6. case But were it so that the Laietie had power therein and that the Archbishop were excluded Yet if the bishop after he were compelled by processe from any of her highnesse temporall Courtes of iustice to admit an vnable Clearke did foorthwith call this vnable Clearke into his consistorie and obiect againste him his vnabilitie and for the same degrade him of his office What remedie had the same Clearke against his Ordinarie in this case Hee beeing once deposed from his office by his Ordinarie the common lawes shoulde haue nowe no remedie to helpe him he beeing no more to be called a Clearke and therefore not to bring any writ or commence any sute againste his Ordinarie in the name of a Clearke But we will conclude Since the statute of 25. Henrie 8. hath authorized all Canons constitutions and Synodalles prouinciall made before that statute not being contrariant or repugnaunt to the lawes customs of the Realme nor derogatorie to her Maiesties prerogatiue Royall to be nowe in force and executed and also since these Canons constitutions and Synodalles prouinciall before specified were made before the sayde Statute and be not contrariaunt nor repugnant to the Lawes and customes of the Realme nor derogatorie to her highnesse prerogatiue yea since they are agreeable to the Lawes and vsages of the Realme and vpholde her prerogatiue Royall And since by these Canons and other acts of Parliament and her highnesse iniunctions it is euident that men learned that men apt and meete to teache are to be placed ministers in the Churche and that men vtterly vnlearned and such as can onely read to say Mattens or Masse are not to be admitted That therefore a learned Ministerie is commaunded by the Lawes of England And if so then an vnlearned Ministerie forbidden by the same lawes and if so then by the same Lawes such penalties and corrections to be laide inflicted vpon the contemners of the said Lawes as by the sayd Lawes are wholesomly prouided againste such wilfull Lawe breakers ¶ Dispensations for many benefices vnlawfull Extra de cle non residen c. quia nonnulli c. 1. de consuet lib. 6. QVIA NONNVLLI c. For as much as some putting no measure to their couetousnesse endeuour to take many Ecclesiasticall dignities and many parrishe Churches against the ordinances of holy Canons and beeing scarce able to discharge one office yet notwithstanding challenge vnto themselues stipendes due vnto manie wee straightly commaunde that henceforth this abuse be not any more permitted And that whēsoeuer any Church or Ecclesiasticall ministerie ought to be committed we will such a parson to be sought that may bee resident in the same place and discharge the cure by himself And if any thing shal be done otherwise let both the receiuer lose that that he hath so receiued and let the giuer
the lawes are not onely vnprofitable but also are to be accounted for thinges vndon And thus much concerning the causes circumstaÌ„ces of dispensations for many benefices It followeth theÌ„ in the description of a dispensation as you haue seen that the same ought to be granted cum causae cognitione with knowledge of the cause the reason is this Glos Extrauagan de prebend dig c. execrabilis ver vltima Duo sunt in dispensatione necessaria authoritas dispensantis factum per quod dispensatur Nam in quolibet actu considerari debent duo factum modus Two things are necessary in a dispensation authoritie of the dispenser and the fact whereby he shall dispence For in euery Act two thinges are to be considered the fact and the maner of the fact And therefore a magistrate hauing authority to dispence ought not vpon the bare assertion and simple allegation of any person disirous to be priuiledged and to haue the Magistrate to mitigate the rigour and extremitie of common right graunt any such mitigation vnlesse the partie first alleadge and by some lawfull proofe make manifest vnto him that both touching the abilitie of his person and the necessitie of his cause there ought in equitie an exemption and immunitie be graunted vnto him For Priuilegia sayth the Lawe ff de minori l. de etate d. ex de priuil c. sane 7. q. 1. potuisti bast l. 1. de col l. ver are preiudicialia magnum pariunt preiudicium ideo sunt cum plena causae cognitione tractaâ—…de priuilegium non est dandum nisi certa ratione inspecta non subito sed cum magna deliberatione Priuiledges are preiudicall breede great preiudice and are for this cause to be handled with a plenarie decision of the cause And a priuiledge is not to be giuen vnles the certain reason therof be foreseen and not sodenly but with great deliberation aduise In which deliberation aduisemeÌ„t taken by the iudg first the allegation or petitioÌ„ of the party agent or suppliant secondly the prone manifestation of the same his perioÌ„ is to be coÌ„sidred For no dispensatioÌ„ ought to be graunted at the proper motion and pleasure of the iudge alone but euery Dispensation ought to be granted at the instance and petition of the party alone § Hoc autem iudiciuÌ„ ff De dam. infect ff De regni sur l. inuito extra de Symo. Licet heli Cod. de fidei com liâ—…ent l. si Quiae laxari iâ—… non debet nec solui nisi parte postulante inuitâ— non debet beneficium conferri Et sententia debet esse conformis petitioni Et index semper debet indicare secundum allegata probata Because the Lawe ought not to be released or remitted but at the petition of the partye and a sentence ought to bee conformable to the demaunde and a iudge ought euermore to giue sentence according to thinges alleaged and thinges prooued And therefore sithence no other cause by Lawe may be alleaged in the Court of faculties for the graunting of any dispensation for many benefices then the very apparant vtility and vrgent necessity of the Church I conclude that the iudge his duety office is in any wise not to admit any other maÌ„ner of allegation but to pronounce the same altogether friuolous and to be of no valew in Lawe The Doctorship the Chapplainship the worship of any ecclesiasticall person are not sufficient causes in this behalfe alone vnlesse also together with the same meete and concurre the profite and necessity of the Church And if the said allegation as vaine and friuolous be to be reiected then no Dispensation thervpon ought to be graunted for otherwise the Iudge should of necessity eyther allow other causes then the Lawe doth allowe or else pronounce iudgemente otherwise then according to the demaund both which were too too greate absurdities And therfore out of the former rules and principles of Lawe I argue thus 1 Whatsoeuer is hurtfull and preiudiciall the same ought aduisedly and vppon consultation to bee graunted 2 But Dispensations are hurtfull and preiudiciall 3 Therefore dispensations ought aduisedly and vppon consultation to be graunted Extra de priuilig c. sane And if euery dispensation ought to be graunted by sentence vpon some consultation had that then euerye sentence vpon some consultation had ought to be giuen according to thinges alleadged and thinges demaunded Extra de simo c. licet heli IN which allegation and demaund to the ende the sentence may be conformable to the demaunde and so effectuall in law must be foreseene two things First that there be expressed no false or erronious cause Secondly that the same hide or conceale no truth Glos in extrauag execrabilis de prebend ver ex dispensatione For Ea dicitur legitima dispensatio in qua nihil tacetur vel nihil exprimitur quo expresso vel lacito princeps verisimiliter duci potest ad dispensationem denegandam That dispensation is reputed lawfull wherein nothing is concealed or nothing is expressed that beeing concealed or expressed the prince may be likelihood be induced to deny the said dispensation If then euery sentence must be conformable to the allegation and euerye iudgement agreeable to the demaund and that neither out of the sentence for a dispensation any knowen truth or manifest equitie ought to bee concealed neither in the same any salse or erronious cause ought to be expressed it followeth of necessitie that euerye allegation made for a dispensation ought to be of the same nature and of the same condition and that euery allegation not of the same nature and condition is an vnlawfull allegation and an vnequall petition Moreouer euery one that hath authoritie to dispence ought to keepe this rule Glos in extrauag coÌ„i col 3. ver Vt statuat vel disponsit contra ius aut contrascriptum si aequitas quae mouet ipsum mouisset legislatorem si casus nunc emergens esset sibi expositus That they ordayne or dispence against law or against writ if such equitie as mooueth him might haue mooued the Law-maker himselfe to haue graunted a dispensation had the case now growing bene proposed at the time of the law making to the law maker It followeth then againe that equitie beeing the cause of the sentence for a dispensation the same equitie must also bee the cause of the allegation for a Dispensation For if the iudge must giue a dispensation where equity requireth the party must then demaund a Dispensation where equity requireth For equity is always the foundation and grouÌ„dwork of a dispensatioÌ„ And what equity eueÌ„ such equity as might iustly haue mooued the Lawemaker to haue graunted a dispensation Nowe then because the Lawmaker authorising the Archbysh of Cant. to giue Dispensations hath beene the high Court of Parliament It followeth that the Archbysh may dispence onely in such cases as wherein the high
by passing of Dispensations vnder the great seale are a great increase of her highnesse treasure and an augmentation of her reuenues I aunswere that Dispensations for Symony Nonresidency and many benefices are so farre from beeing any encrease of her Maiesties treasures as that they are indeede a great diminishing of the same For first as touching Dispensations for Symony whereas by euery dispensation graunted vnto a Symoniacal person her highnesse receyueth into her hanaper at the moste _____ Shillings the greatest ordinary fee limitted by the sayde statute for any Dispensation to be graunted her Maiesty for the same _____ looseth 10. 20. 30. 40. or 50. Poundes to be payde into the court of tenths and first Fruites For were the party committing Symony for the same offence by lawe depriued from his benefice her highnesse were then to haue of the next incumbent the whole first Fruites of the said benefice euen ten times so much at the least as is paid into her hanapire Or were the Symoniacall person a plurality man and so depriued from all his benefices and ecclesiastical promotions her highnesse were then to haue the whole first Fruites of all his Benefices and promotions fortye times so much as shee enioyeth by graunting his dispensation And as touching the fees due for Dispensations graunted for many Benefices though the same fees may happilye amount in some one yeare too many hundreds yet by meanes of the sayde Dispensations her highnesse is impouerished yeerely by many thousands The oftener euerye benefice or promotion is voyde by death resignation or depriuation the oftener is another admitted vnto the same and the oftener doth her highnesse receiue the first Fruites of any such benefice Now it is euident that the conioyning of two three foure or fiue thousand benefices or promotions vnto one thousand men by dispensations is a manifest impediment to the auoiding of so many incumbents from so many benefices as which by death resignation or depriuation of the said incumbents might were likely to be made voyde And so the saide dispensations being an hinderance to the auoiding of benefices they must necessarily be also a very direct meanes to keepe from her exchequer that treasure that otherwise should ordinarily be brought vnto it And though by the death resignation or depriuation of euery plurality man euery of his benefices be made void Yet his said benefices are not so often made voyde as otherwise they should be And therefore though her highnesse haue the first fruits of two three foure or fiue benefices in the hands of one pluralitye man dying resigning or beeing depriued Yet hath she not the first fruites of the sayde benefice so often as otherwise she might haue wherby her reuenewes are lessened Since therefore for one man to enioy many benefices by dispensation maintaineth couetousnesse and is contrary to the ancient canons mainteineth ambition and ministreth matter for a roaging a gadding and a dissolute mynistery since it conuayeth stipends due vnto many from many vnto one Since it is an hinderance of residence and containeth peril of soules Since it is a kind of theft rauine spoil Since it is vndecent and vncomly Since it is contrary to the good customes of the Church Since the honesty of the church thereby is defiled the authority thereof contemned the trueth of Christ troden vnder foote loue banished Since among the rich Prelates and plurified men them selues strifes contentions brawles and enuies arise and are nourished Since the fire of God his wrath is kindled against vs by them since it is against the law of nature and repugnant to the law of God and therefore nourisheth a Monster in nature since it is against the weale peace profite and conseruation of the Realme since it is against the vtility of the Church that the necessity of the Church requireth the clean contrary Since it is preiudicial and derogatory to the last Willes and Testamentes of our ancestors since it is dishonourable and dangerous for her maiesties person and safety since priuate necessity pouerty is no sufficient cause for the maintainaunce thereof Since the miserable penury of our stipendary curates therby is made intollerable And again since al these things are offensiue that a priuiledge so soone as it becōmeth offensiue not exercised to the profite of many but to the will of one is forthwith to be with drawn Since euery priuiledge ought to be such that it damnify none and since it forthwith looseth the name of a priuiledge if once it turn to any iniustice since that nothing is more contrary to naturall reason then that one and the selfe same man should take vnto him selfe diuers stipendes of the Church in diuers and farre distant places since it is against the pollicy of euery good common wealth of man since it is contrary to the gouernment of euery good and prouident housholder since it carrieth headlong the soules as wel of him that giueth it as of him that taketh it to hell yea and since it is an impouerishing of hir Maiesties treasure and diminishing of her reuenewes Let vs conclude for one man to enioy two or moe benefices by dispensation to be a thing altogether intollerable and vtterly vnlawfull ¶ Excommunication by one alone forbidden 15. q. 7. c. Episcopus EPISCOPVS NVLLVS c. Let no Bishop heare any cause without the presence of his Cleargie Otherwise the Bishops sentence not confirmed by the presence of his Clearkes shall be frustrate Extra de excessis prelat c. 1. MANDAMVS c. We commaund that in any wise you presume not to exercise against the Cleargie any vnlawfull tallages and exactions Neither that hencefoorth you vnreasonably greiue them or vnhonestly intreate them or els suspende them without the iudgement of the chapiter And againe Extra de hiis quae fi sine consen cap. c nouit NOVIT c. Your discretion and wisedome knoweth how that you and your brethren are one body so that you are the head and they approoued to be the members wherefore it becommeth not you to leaue your owne members and to vse the aduise of others in the dispatch of your owne Church affayres because without all doubt the same is both gainst your honestie and the institution of the holy fathers For it hath beene manifested vnto vs that you without the councel of your brethren do place and displace Abbates and Abbases and other ecclesiasticall persons Therefore we commaund c. For we ordaine that such placinges and displacinges be of no force And againe Extra de hiis quae fiunt si consen cap. c. quanto QVANTO c. We commaund your brotherhoode that in grauntes and confirmations and other busines of your church you require your brethrens presence And that with the Councell of them or the sounder part of them you handle and finishe those matters and that you ordayne such thinges as are to be ordayned and correct errours and abolish and roote out
mony or else a bodily punishment and executed according to the Prouerbe Qui non habet in bursa luat in corpore Hee that hath not to paye in his Purse let him redeeme it in his body Which kinde of punishment for the most part inflicted againste excommunicated persons vpon their absolution and restitution to the congregation may seeme to bee of the same force to confirme the former assertion namely that excommunication is a ciuill punishmente For in this respect that mony is giuen and receiued for absolution it may sauour to vnsauory senses to be a ciuill punishment but no more can hereupon be concluded that excommunication is a kinde of ciuill punishmente because mony is giuen for absolution then that a punishment by mony is a bodilye punishmente because mony is giuen for the redemption of the body And agayne if the Patrons of this ciuill excommunication doe not vnciuily abuse absolution neither the party excommunicated by giuing neyther the iudge absoluing by receiuing any monye shoulde haue any colour to faigne or forge anye such distinction for that no exchaunge by monye ought to be made betweene excommunication and absolution Absolution freely to bee giuen The sentence of excommunication is simplie to be denounsed for some heinous offence the sentence of absolution is freelie to be giuen vppon repentaunce the partie is not to paye for excommunication the iudge ought not to receiue for absolution one pennie Extra de simo c. ad ures CVM IGITVR INDIGNVM c. Seeing it is vncomely contrary to the reason of the church saith the canō that the benefit of absolution be redeemed We command that if the party haue paid the 100 pounds you cause him freely to bee al solued neyther shoulde this punishment be imposed for euery trifle or small faultes For as it is the greatest punishment by lawe so ought not the iudge to giue sentence thereof rashly or vnaduisedly but as it were with a payre of Leaden heeles j. j q. 3. nullus NVLLVS SACERDOTVM c. Let no Priest for small and trifling causes besides the faults for the which the olde Fathers haue commanded offendors to be kept from the Church suspend any man of sound faith The Emperour by his Emperiall laws inhibiteth the same Authen desanctis episco § omnibus colla no. OMNIBVS AVTEM EPISCOPIS c. We forbid all Byshops and elders to separate any man from the holy communion before a cause bee shewed for the which the holy rules bid the same to bee done And if any neglecting these thinges shal seperate any from the holy communion let him that is thus vniustlye excommunicated as absolued from the excommunication receiue the holy communion of an inferiour Priest By the auncient Lawes of this Realme of England the like prohibitions and prouisions haue beene established Math. Parisiensis Hen. 2 fol. 135. Anno. 116. H. in a counsell holden at Claredon SI AB ARCHIDIACANO c. If any shal be cited by the Archdeacon or by the byshop for any matter to make aunswere before them and will not satisfie vpon their citations it is lawful inough to interdict him but hee ought not to excommunicate him before the Kings chiefe Iustice of the same Village haue beene requested to compell him to come to satisfaction And again Math. Parisi ibidem Asserit rex iuxta c. The king according to the prerogatiue of his kingdom commaundeth that none holding of the king in chiefe or other minister be excommunicated by any man without his knowledge least if the king not knowing thereof by his ignoraunce communicat with an excommunicat person admitting either to his kisse or to his Councell an Earle or a Baron comming vnto him And now sithence by the auncient canons decrees and constitutions confirming the good and auncient vsage of the Churche and Fathers in olde time It appeareth that excommunication and all other censures of the Church shoulde not be exercised by the Bish alone but with the consent of the Cleargy eldership wherby many extorsions and briberies haue been repressed Sithence by a pretensed custome alone begun in the popishe synagogue the contrary hereof hath been practized And sithence the same pretensed custome was first grounded vpon a politike reason only Vt facilius expedirentur negotia Which reason now ceaseth Sithence the same is also vnreasonable and an enemy vnto the Canons sithence the same is violent not peaceable but interrupted sithence it was neuer begun Bona fide and sithence also it is erronious as not begun with the knowledge consent of the lords people Yea sithens it was begun Mala fide as being against the law of God and begun without the consent of the Bishop Christ who onely hath power to make a law in his Church Sithence it is against the power of ecclesiasticall discipline and ouerthroweth the libertie of the Church bringing the same into seruitude bondage And sithence excōmunication is no ciuile but a meere spirituall punishment to be executed onely against great offences Let vs conclude that excommunication by one alone is not lawfull ¶ IT IS VNLAWFVLL for a Bishop or any other Ecclesiasticall person by common right to beare any ciuile office in the common weale Extra ne cleri vel mona c. sed nec SED NEC PROCVRATIONES c. But let not any Clearke presume to exercise any gouernment of Villages or secular iurisdiction vnder any Potentates or seculer men as to bee made any their Iuctices And if any person shall attempt to doe against these thinges in so much as contrary to the doctrine of the Apostle who willeth none going a warrefare to God to intangle him selfe with worldly affayres hee dealeth therein worldly let him be seperated from the Ecclesiasticall ministerie for that he to please the Princes of the worlde drowneth him selfe with the waues of the worlde neglecting the office of a Clearke And againe Extr. ne cleri vel mona c clericus IVBEMVS ETIAM c. We commaunde vnder the threatning of the great excommunication that no Priest haue the office of any Vicount or secular gouernour And if any shall presume to do the contrarie and beeing warned will not amende let him be subiect to excommunication The reasons of these Canons may be thus briefly gathered 1 He that goeth a warfare to God ought not to intangle him selfe with worldly businesse 2 But euery Bishop and euery Clearke goeth a warfare to God 3 Therefore he ought not to intangle himselfe with worldly affayres 1 None beeing a Bishop ought to neglect the office of a bishop or beeing a Clearke the office of a Clearke 2 But whosoeuer being a bishop or being a Cleark shall vse ciuile iurisdiction the same being a bishop neglecteth the office of a bishop and beeing a Clearke neglecteth the office of a Cleark 3 Therefore none beeing a bishop or a Clearke ought to exercise ciuile iurisdiction 1 Euery bishop and euery Clearke
may he lawfully exercise the Ciuill iurisdiction of an other man Again 88. distinc c. epis conc glos lib. 6. de regu iur c. potest quis EPISCOPVS TVITIONEM c. A bishop ought not to take vpon him selfe the defence gouernment and charge of Widowes and Orphanes and straungers but he ought to dispatch these businesses by some other chiefe Elder or chiefe Deacon But contrary to these Canons lawes principles our Prelates not hauing so ruly and stayed a will as were requisite make a hotche potche of the Cleargie and layetie a gally maufrey of magistracie and Ministery and a mingle mangle of Pastours and people They turne cat in the pan as we say and maintaine the tumbling of the office of a Minister vppon one of the people and the office of one of the people vpon the minister so that by this their iumbling of offices togeather there can be nothing but confusion and disorder as well in their gouernement as in their iudgement Bishops gouernment in ecclesiastical causes being â—uill that argueth the same in ciuil causes not to be good For my part if I as well knew their gouernement in ciuill causes where they may be in commission might hereafter be good as I am sure their iudgemente in Ecclesiasticall pollicie hath hitherto beene naught I woulde wishe them rather to be Magistrates in the common weale then superintendentes in the Church But because it may easely be coniectured by the fact of the one what the effect of the other woulde be it is to be wished that they still were barred from the first hauing so shamefully abused the latter For besides the manyfest contempt and abuse of all lawes positiue in force committed to their fidelities whereof in the former treatizes mention hath beene made if a man shall peruse their aduertisementes and their Canons set foorth for due order in the publique administration of Common prayer and concerning certayne offices of the Church and certayne dutyes belonging to those officers he shall finde they haue bestowed but little labour in making them and lesse fidelitie in executing them For the aduertisementes besides the preface the whole Treatise is not fiue leaues and a halfe of Paper with the subscription of their names and all In which fiue leaues their is not anye one thing mentioned and commaunded to be done but the same was either commaunded by hir maiesties Iniunctions in the firste yeare of hir highnesse raign and therefore needlesse to be repeated againe Or else is translated out of some latin Canon and so made an englishe article halfe an howres study for a bishops Chappleine Title Articles for administratioÌ„s of prayer sacraments Or els is directly against hir maiesties Iniunctions and therefore sauoreth of supremacie Or els is superstitious and therefore smelleth of Poperie And so contrary to the commaundement of the Lord. Hir maiestie by hir iniunctions commaundeth euerye Deane Archdeacon Parson and Vicar to preach in euery of his cures by him self euery moneth 43. Iniunction And because none should be excused as vnable in this behalfe she hath commaunded the bishops that none vtterly vnlearned be admitted to any cure or spirituall charge and she by hir singular and excellent wisedome accounteth him vtterly vnlearned that coulde onely reade to saye mattens or Masse but by the aduertisements and Canons the bishops pronounce it sufficient that a Parson or Vicar preach once a quarter and that not by him selfe but by an other and that one vtterly vnlearned euen as by hir wisedome an vnlearned man hath beene adiudged be admitted to the ministerie and afterwardes sent to the Archdeacon or his officiall to school and to conne his taskes of scripture and to learne his Catechisme Againe Hir maiestie hath commanded euery one to preach within his owne cure without a licence they commaunde that none preach within his owne cure except he haue a licence vnder the bishops seale The article that the minister shall weare a cope with Gospeller and pisteler agreeably smelleth rancke of superstition and as far as I can finde both against hir highnesse Iniunctions and besides the booke of Common prayer The booke of the bishops Canons is of somewhat a larger volume it contayneth 14. leaues you must consider the whole conuocation had an oare in that Boate it intreateth of Bishops of Deanes of churches of Archdeacons of Chauncellors Commissaries and Officials of church wardens of Preachers of residence of Pluralities of schoolemaisters and of Patrons of benefices In the description of which offices as it is manifest they had but little regard to the word of God so is it apparaunt also to euery one learned in the Canon lawe that for the most part they are translated thence here a pece and there a pece and all not worth their labour because if it be not againste the lawes of the Realme or preiudicial to hir highnes prerogatiue then is the same already confirmed by act of Parliament 25. Henry the 8. 25. Henry 8. c. 19. and if ther be any thing in their sayde Canons which is not thus translated out of the Canon law whatsoeuer the same is if it be good then was the very same established before by hir highnesse Iniunctions For as touching the erectioÌ„ of new offices belonging to an Archdeacon and the Bishops Commissaries and officials in teaching the ministers their Catechisme and hearing them say their lessons without booke and to take an account how they haue profited in Scripture I thinke if the prerogatiue of the conuocation house were well searched and made knowen it might not erect any new office or promulgate any new Canon without hir maiesties speciall consent first had and obtayned therevnto And I am sure that neither by lawe neither by custome this office did euer belong to an Archdeacon or his officiall before the booke of these Canons was published Booke of Canons and title of bishops Touching the not making handy craftes men and such as haue no title to liue by to be ministers and the not making any minister at any other time but when it shall chaunce that some place of ministration is voyde and that none be suffered to be occupyed in the administration of the Church that is called by the idle name of a Reader Title residence Or that is made a minister vnder the age of foure and twenty yeares or vnderstandeth not the Latin tongue hauing no giftes of teaching or the absence of the sheephearde from the Lordes flocke and diuers other thinges specified in the Bishops Canons If the translator had not beene more faithfull in his translation then the Bish in the execution a meere English man should neuer haue knowen any such thing to haue beene written in the Latine Lawe And therefore because NEMO negligens in re sua presumitur diligens in re aliena No man negligent in his owne cause can be presumed to become diligent in an other mans I can gather no
otherwise then that there hath but little good growen to the Common weale hitherto by the bishops and Cleargie men in the Administration of Ciuill iustice And that therefore such as haue written or spoken or preached againste Ciuill iurisdiction in the Eclesiasticall state haue done it for two vrgent and waightie considerations Friendes of reformation friendes of the queenes maiesties prerogatiue First not to encounter hir maiesties prerogatiue as it is falsely supposed but to teach their Lorde and maisters truth They haue not doone it in disobedience to hir crowne but in obedience to their God They know it is better to obey God then men and therefore they haue laboured faythfully by the worde of God to perswade hir maiestie and the estates of the Realme that these offices ought not by the Lawe of God to be resiaunt in one person and therefore hath exhorted hir maiestie and them in the name and feare of God to vse hir prerogatiue and theire authorities to the seuering of them Secondly they haue preferred the generall welfare and commoditie of the common weale before the vnlawfull honours and promotions of priuate men They know by learning and haue prooued by experience what detriment maye insue to the Common weale when offices are committed to men ignoraunt of such duties as belong vnto their charge A man that hath spent all the dayes of his lyfe in the studie of Grammar or Oratorie and hath alwayes taught the same were a very vnfit man at the age of threeschore yeares to be made a publique Keader in Phisicke or Law and yet notwithstanding to remayne a Schoolemaister still Expedit reipublicae vt quisque officio suo fungatur It is expedient for the Common weale that euery one execute his owne office And I am of opinion that the friendes of reformation are greater friendes and mayntainers to and of hir highnesse prerogatiue then the others be For they ascribe vnto hir maiestie indeede truth and veritie that which the others do but in worde shew and semblaunce onely They earnestly desire and craue that as hir highnesse hath beene annoynted and Crowned by the Lord him selfe Queene and gouernesse ouer them and as she is their naturall and onely lawfull Ladie and Mistresse and as she hath the name title and stile of supreame and chiefe ruler ouer all persons in all causes So likewise the causes now accōpted Ecclesiasticall beeing meere Ciuill shee might in deed truth and veritie haue all and all maner of iurisdiction executed in hir maiesties owne name as well in Courts and iudgements nowe reputed Ecclesiasticall as in other hir maiesties Courtes temporall whereby hir Ciuill gouernement might be more enlarged Which thing the abettours of reformation perceiue now to be otherwyse Forall summons actes proceedinges sentences decrees and iudgementes in all causes and controuersies determinable before Archbishops Bishops and Archdeacons are begunne continued and ended in the Archbishops bishops Archdeacons their Commissaries or Officials names stiles and dignities without any relation or mention of authoritie gyuen unto them as proceeding from hir maiestie then the which there can not seeme anye thing more preiudiciall to hir state Crowne and dignitie For be it that they be created Archbishops and Bishops by hir highnesse and inuested into their seas at hir Graces commaundement yet this argueth no greater prerogatiue belonging vnto hir maiesty ouer them then such as she hath ouer hir other subiectes whom she createth Barons or dubbeth knights But as concerning common and ordinarie iurisdiction in causes reputed Ecclesiasticall they haue no letters patentes from hir maiestie conuaying vnto themas from hir royall person any power ouer hir subiects to heare and determine their causes in hir highnesse name and vnder hir gouernement Onely they execute such iurisdiction as by popishe constitutions or popish customes hath beene heretofore annexed to their Archbishopprickes bishopprickes and Archdeaconries and that by an vtter enemy to hir royall person state and gouernment B. L. to his colleague Comissioners In so much that some of them by Letters hath signified vnto their Colleague Commissioners that common and ordinarie authoritie in causes ecclesiasticall chiefly and almost onely belong to them selues and their officers And that commissions from hir maiestie for reformation in matters ecclesiasticall graunt onely an extraordinarie authoritie And that therefore the sayde Commissioners haue not to heare matters of instance and such as requyre iudgement of lawe for that such causes belong onely to them selues and their officers whereby they haue insinuated hir maiestie to haue no common or ordinarie authoritie in causes ecclesiasticall as they them selues haue Whereas all other courts within hir highnesse Empyre as leetes courtes Baron courtes of regarde courtes of Forrestes I leaue to speake of hir highnesse owne Courtes at Westminster all liberties and franchises all parkes and free warrens belonging to any of the Nobilitie Gentrie or any Citie or borow of this Realme haue euer had their beginninges and establishmentes by the gratious fauour of the Kinges of this Realme as from whose prerogatiue such dignities and immunities ought franckly to proceed and by whom onely they haue beene graunted Onely oure Church gouernours challenge not their authoritie as from hir sacred seate of iustice and princely throone but they challenge their authoritie as a power belonging to their owne seats deriued from an vsurped and forren power 17. pag. ◠28. Henry c. 16. The statute made that euery Archbishop and bishop of this realme and of other the kings dominions may minister vse and exercise all and euery thing and thinges pertayning to the office or order of an Archbishop and bishop with all tokens ensignes and ceremonyes therevnto belonging and that all Archdeacons and Deanes and other hauing offices cures and dignities spiritual may by authoritie of this act and not by vertue of any forren power or authoritie administer vse and exercise all things appertaining to their dignities offices orders cures religions felowships and may lawfully hereafter vse all tokens ensignes and ceremonyes which they haue beene accustomed to vse in times past so it be not expresly against the lawes of God and this Realme This statute I say hauing beene the rule of our Archbishops and bishops consciences for their gracinges there Lordinges there vsheringes their kneelinges there tastinges their cupbearinges and such like improoueth no whit any part of the force of the former assertions but rather confirmeth and fortifieth the same First the statute hauing relation onely to tokens ensignes and ceremonies accustomably administred vsed and exercised before the making of the statute all which beeing Antichristian and therefore expreslye against the lawes of God are plainely by this statute abrogated and therfore ought no more to bee administred vsed or exercised For though the Kinge the peeres and commons at that time not instructed in the vnlawfulnesse of them did not holde and repute them to be againste the lawes of God and therefore did not specially abridge any particuler
and to take awaye all occasion from others to seeke preferment in that house at hir maiesties hands they of late haue inuented a new deuice and practized a new tricke where they were by the order and foundation of the house bound yearely to make elections of such schollers as might presently at the time of the election be placed in the vacant roomes they now either at one time choose a greater number of schollers for them selues then are places vacant and so make but one election in two yeares or else so soone as any place by the departure of any schooler is voyd they foorthwith in the name of the Deane or some Prebendarie chop an other in his roome by meanes whereof either hir maiesties letters are delayed vnto the ende of two yeares or else remayne altogeather frustrated so kinde hearted these no Precisians and these no Puritanes haue beene and so thankfull they haue shewed them selues for their maisterships Deanries and Prebendaries receiued at hir maiesties hands by hir gratious bountie and liberallitie And therefore since they striue so egerly for such tryfles and vse such foule shiftes to shut hir out of doores and make hir schollers packehorses and set them at the Cartes tayle in hir owne Colledges I thinke a man may gesse twice and yet not gesse so nigh as to gesse that Cleargie men enemies to reformation rather then they woulde loose their dignities woulde if it laye in their power gyue hir Highnesse prerogatiue the Canuysadoe They allow hir maiestie a royall power to shred greene Olyue braunches but to roote vp olde rotten dotterelles they deny hir anye such authoritie they can bee contented hir maiestie shoulde strippe poore men cloathed with sackecloath but mighty men decked in scarelet shee may not touch or once looke awrye vppon No cause of the name of ecclesiastical court Concerning the Courtes and iudgement seates of Archbishops bishops and Archdeacons hitherto reputed and called Ecclesiasticall Courtes I can see no reason in the worlde why they shoulde be any more so esteemed taken or reputed or why anye matter or cause or suite or controuersie commenced in those places shoulde or ought to be called or counted Ecclesiasticall For though in times past I meane in time of popery they might probably and coullorably be so called either for that Cleargy men alone were Iudges and exercised iudgement in them either for that such parties as betweene whom suites did depend were for the most part meere church men either for that all peticions and actions made and begunne in those Courtes were for such matters and causes as whereof church men onely by vsurpation challenged vnto them selues the decision and determination yet now so it is that all these reasons fayle and are of no force For with vs at this day though Archbishops bishops and Archdeacons be Cleargie men and chiefe amongest the ecclesiasticall seat yet notwithstanding Doctors of the Ciuill lawe meere laye men as they call them and no whit beneficed by priuiledge of Cleargie exercise all iurisdiction reputed Ecclesiasticall in their consistories and by the ordinaunces of the Realme are made competent and lawfull Iudges in these Courtes 25 Henrici octui Where one suite now dependeth or these manye yeares hath depended in the same Courtes betweene Cleargie men alone one hundreth almost are and hath beene depending betweene laye men alone the causes them selues are all for the moste part mere Ciuill and belong onely to the Ciuill court Approbations and insinuations of Willes and Testamentes by expresse wordes as you haue hearde out of the Ciuill lawe are absolutely prohibited vnto Bishops and all other Cleargie men And so consequently for that Appendices sequuntur principalis subiecti naturam Accessories follow the nature of the principall subiect All causes of Legacies Bequestes Accountes Inuentaries Commissions of Orphanes gooddes and whatsoeuer else may be incident to anye of those causes are vtterly forbydden Causes of wrongfull and iniurious slaunders infamous Libels and contumelious crymes causes of contractes and marriages causes of dowrie and diuorce causes of filiation and legitimation of children matters of Vsurie and whatsoeuer appertayneth to the decision of these causes are causes meere ciuill and pertaine to the ciuill magistrate and therefore sithence Archbish Bish and Archdea to disburthen them selues may lawfullye commit the hearing of these causes from them selues yea and very seldome or not at all execute their iurisdictions by them selues but continually and effectually do surrogate and depute Doctors or Bachelors of the Ciuill lawe What iniurie to their persons or alteration of the state and gouernment can it be in case hir maiestie by hir prerotiue did commit the same causes vnto the same men and make the bishops men hir men and their commissaries hir presidentes Touching matters of tith it is lawfull for the chiefe Iustice of the kings bench where any vsage or custome by any partie is pretended to paye lesse then the whole tith as suppose the twenteth or forteth part of his tithes Yea in some cases where no tith at all is payde as vpon the statute of tith wood beeing timber trees aboue twentie yeares groweth to prohibite in hir maiesties name euery iudge ecclesiasticall that hee proceed not to the determination of any such cause and so to take vnto him selfe the hearing and determination of the same according to the common lawes of hir highnesse realme There is small diuersitie of reason why the same or some other Ciuill magistrate may not as well heare and determyne all and singular causes of tithes after what maner or forme soeuer they be payde as whereby long continuaunce of tyme they haue beene customablye payde after such and such sort or where no payement at all hath beene made In the seconde or thirde instaunce when appeale is made from an Archbishop Bishop or Archdeacon into hir highnesse high Court of Chauncerie or Delegates in any case whatsoeuer hir maiestie by the prerogatiue of hir Crowne and dignitie hath absolute power to appoynt such men to set a finall ende and ordinate direction therein as by their wisedomes shall be thought consonant to equitie right and good conscience There is no disparity of reason why in the first instaunce shee maye not as well haue like authority or why like authority from her or by her Maiesty may not lawfullye bee committed to any of her subiectes though no ecclesiasticall persons but onely seculer and laye men Neyther by this meanes shoulde the course of Lawe touching appeales be taken away but the same might be still practised as now it is In the prouinces belonging to the Romaine Empire though presidents and Proconsulles had their Commissions from the Emperour yet appeales were notwithstanding made from those Gouernours vnto the Consistories and tribunall Seates of the Emperoures imperiall City of resyaunce and cheefe aboade And therefore though the Gouernmentes nowe reputed Ecclesiasticall but in trueth Ciuil were absolutely translated from Ecclesiasticall men and put into the hands