108 How a Minister ought to be called to a place of his examination and approbation by Ministers and the Parish and of his ordination and actuall calling to a place 108 This way laid down before is no such innovation as is pretended it being agreeable to the ancient Lawes of the Land 100 The spirit of the Prophets are subject to the Prophets how to be 112 What is to be done if suit fall out betwixt two Patrons 113 Patrons not so strictly curbed is pretended 114 Prophets to be taken from the Schooles of the Prophets upon difference in judgment of the abilities of men what then to be done 114 Concerning refusall upon non abilitie 116 The benefits insuing the platforme of ordination and required 117 118 What perfection is required in a Minister 120 Prelacy and a learned Ministery cannot stand together 120 That objection answered that the reward of learning being taken away learning it selfe must needs fall to the ground 121 Prelacy the bane of learned Ministers 122 That argument answered concerning the drawing of Schollers out of the Vniversities before they are fit 123 124 The argument concerning excommunication answered by whom excommunication ought to be performed 125 126 127 what it is 128 The inconvenience of the Bishops excommunication 129 It hath many deformities 130 By the Bishops excommunication one may be a communite 130 Excommunication toucheth them only who professe themselves members of the Church 133 The different manner of discipline exercised by Ecclesiasticall Commissioners severall instances in diverse persons set down 134 135 136 The Articles objected by her Majesties High Commissioners for causes Ecclesiasticall against G. B. of B. and F. B. of B. in the County of L. with observations on the Bishops proceedings 1637. 138 139 140 141. with a Copy of the Arch-bishops Letter and answer from the Bishop to that Letter The Argument concerning the bringing in of Aristocracy into the Church answered 143 Prelacy either oligarchie or tyrannīe 144 It is to be feared lest by the examples of the Prelates Oligarchie be brought into the Common-Wealth and therefore a caution is put in against it 145 The government of the Church by Prelates is not Monarchicall 145 If it be so then the government by Pastors may be so too 145 No cause for the Monarch to feare Aristocracy in Church government 147 Pastors disclaime to meddle in civill matters 147 The people of England are rather possessed with the sense of Democracy and Aristocracy 148 The manner of Policy by Pastors and Elders in the Church is agreeable to the government in the Common-wealth but the government by Prelacy is disagreeable 149 The answer of an Italian Bishop being asked vis ne Episcopari And the answer of an English Bishop having obtained his Congedelier 149 150 The manner of administration of justice spirituall in the Church by Prelacy 150 The administration of Iustice spirituall by Pastors and Elders agreeable to the execution of civill justice in the Common-weale 151 No matters of justice civil administred by one alone in the Common-wealth 150 152. Severall ordinances set downe in severall Courts how they proceed 152 153 154. The Government of the Church ought not to bee by one alone 155 156. Severall ordinances thereof in the same pages No exception to bee taken against Lay Elders to be authorized by the King in every Parish since the King authorizeth Lay Elders in Ecclesiasticall commission 157 Discipline of excommunication exercised by one Lay Elder and one Ecclesiasticall Elder an instance of this discipline set downe 157 158 The King hath as good right to command excommunication to be exercised by a Pastor and Elders as the Bishops have to commit the same to a Curate and one Lay Elder 159 Lay men appointed by the Queenes injunctions to execute some part of discipline 160 Every Minister ought to minister the discipline of Christ in his owne cure by consent of Parliament 161 The Minister by promise bindeth himselfe to minister the discipline of Christ 162 The not disposing in particularity all rites and ceremonies of discipline doth not hinder the exercise of discipline by the Minister 163 To what persons the discipline of Christ by Scripture is committed and whether the persons be arbitrable or no 164 165 A Bishop Pastor and Elder and our L. Bishop differ 165. and what a L. Bishop is No Lord Bishop called L. Pastor Pastorall authority of a L. Bishop and of other Pastours is equall 166 Whether a L. Bishop minister the doctrine Sacraments and Discipline of Christ by vertue of his Lordly Episcopall or Pastorall office 166 Lordly Episcopality authorized only by the Realme 167 If the L. Bishop have power to minister Discipline by divine right then no more can hee commit that his power to an other than hee can commit the power which he hath of preaching to another 168 Whether L. Bishops by Pastorall Authority may excommunicate a Pastour 169. Pastors over small Flocks are as truly Pastors as Pastors over great Flocks 169. As great parity between Pastors and Pastors as between Apostles and Apostles 169 Not onely Kings of great kingdomes but also Kings of small kingdomes bee true Kings 170. Rurall Deanes in Cheshire c. use some part of Episcopall power 171 Episcopall power to excommunicate granted by papall priviledges or prescribed Vse 171. Power to excommunicate if it be of divine right may not bee prescribed 171. No more preheminence given to a Bishop than to a Minister or to a Lay-man in some places for the use of Excommunication 172 AN ASSERTION FOR True and Christian Church-Policie Wherein certaine politike Objections made against the planting of Pastors and Elders in every Congregation are sufficiently answered And wherein also sundry projects are set downe how the Discipline by Pastours and Elders may be planted without any derogation to the KINGS Royall Prerogative c. ADMONITION THE reason that moveth us not to like of this Pag. 79. platform of Government is that when we on the one part consider the things that are required to be redressed and on the other the state of our Countrey People and Common weale we see evidently that to plant those things in this Church will draw with it so many and so great alterations of the state of Government and of the Lawes as the attempting thereof might bring rather the overthrow of the Gospell among us than the end that is desired ASSERTION THe benefit of all exceptions and advantages to the invaliditie uncertaintie imperfections and insufficiency of this admonitory bill and matters therein contained alwayes saved for answere to so much as concerneth this clause and every other clause and article of the bill hereafter following and without that that there is any matter or thing in the same bill of admonition materiall to be answered unto and not herein or hereby sufficiently answered confessed and avoided traversed and deemed is true in such manner and forme as in the same is set forth and declared
was common and did continue in the old Churches Besides this inconvenience saith he caused Princes and Bishops so much to intermeddle in this matter Frow whence it necessarily againe followeth that by the holy Scriptures and law of God Princes and Bishops did not entermeddle with that matter atal For had it been simply lawfull for them to have dealt in those causes by the word of God then aswell before schisme discord and dissention as afterward yea rather much more before than afterward For then by their owne right might Princes and Bishops have prevented Bishops nâ—eddle not with election of Pastors by the holy Scriptures all occasion of schism and contention and have so preserved the Church that no tumult or disorder should once have beene raised or begun therein Againe if by the law of God Princes and Bishops had medled in these matters and had not intermedled by humane device then lawfully by their authoritie alone might they have chosen Pastors Elders and Deacons in the old Churches which thing in this place by necessary inference he denieth For schisme saith he caused them to intermeddle So as by his confession they were but intermedlers and entercommoners by reason of schisme and not commoners and medlers by vertue of Gods word And yet now a dayes our reverend Bishops in this case are no more intercommoners with Princes and with the people they ate no more entermedlers as in old times they were but they have now so far incroached upon the prerogatives of the prince and privileges of the people that neither prince nor people have any commons in the election of Pastors Elders and Deacons with them at all Besides if schism and contention among the people Bishops â—n croach upon the â—ighâ— oâ— pâ—â—â—ce and people were the reason why Bishops first entermedled in the choice of Pastours we now having no schisme nor contention about the choice of Pastours by the people and so the cause of ceasing why should not the effect likewise cease But this effect is therefore still to bee continued because otherwise the cause would a new sprout out and spring up againe Nay rather inasmuch as for these many yeares we have had schism discord and dissention because the bishops wholly and altogether have medled in the choise of pastours and have thrust upon the people whatsoever pastours please not the people but pleased themselves and have not suffered the people to meddle no not so much as once to intermeddle in these matters in as much I say as these things be so it seemeth most expedient requisite and necessary for the appeasing and pacifying of this discord and the taking away of this schism to have the manner of election which was in the old Churches restored to the people and this wherein the bishops have intermedled without authoritie from the word to be abolished that so againe the cause of scbism and strife which is now among us ceasing the effect might likewise cease After I had ended this tract in this manner touching this point there came into mine hands a booke intituled The perpetuall government of Christs Church written by Thomas Bilson Warden of Winchester Colledge in the fifteenth chapter of which booke is handled this question viz. to whom the election of Bishops and Presbyters doth rightly belong and whetherby Gods law the people must elect their pastours or no. In which chapter also the matter of schism strife and contention is handled The finall scope and conclusion whereof is as the proposition importeth twofold First concerning Bishops then concerning Pastours The quarrell taken against Bishops doth not so much touch saith hee the office and functions of Bishops as it doth the Princes prerogative When you rather thinke the Prince may not name her Bishops without the consent and election of the people you impugne not us but directly call the Princes fact and her lawes in question As touching this point of the proposition because the people by any law or custome never challenged any right or interest in the choise of the Kings bishops wee have nothing The King only hath power without the people to nominate his Kingly Bb. to meddle or to make about the choise of any of the Kings Bishops Nay we confesse as his highnesse progenitors Kings of England have beene the Soveraigne Donours Founders Lords and Avowes of all the Bishopricks in England without aid of the people that so likewise it is a right and interest invested into his Imperiall crowne that he only his heires and successors without consent of the people ought to have the free nomination appointment collation investiture confirmation of all the Bishops from time to time to be planted in any of those Bishoprickes yea and wee say further that the King alone hath not power onely to nominate collate and confirm but also to translate yea and if it please him to depose all his Kingly Bishops without any consent of his people at all For say we ejus est destruere cujus est construere ejus est tollere cujus est condere Neither will we dislike but rather content our selves that our late Queens Bishops if they shall finde favour in the Kings eyes should be also the Kings Bishops conditionally they submit themselves to the lawes and prerogatives of the Kings Crowne content themselves with the only name of Kingly and Princely Bishops and not challenge any more unto themselves the sole titles of Godly and Christian Bishops as though without injurie to the law of â—od and Gospell of our Saviour Christ they could not bee dispossessed of their Lordly Bishopricks And therefore our most humble prayer to the King is that his Majestie would bee pleased that such his Kingly Bishops may not henceforth over crow and justle out Gods Bishops nor have any primacie over Gods Bishops And withall that the King himselfe would vouchsafe to hearken to the doctrine of such as are indeed Gods Bishops rather than to the Counsell of those who lately were the Queenes bishops As touching the second part viz. whether the people by Gods M. Bilson confirmeth the peoples election of their pastor p. 339. law must elect their Pastours or no Master Bilson by reasons and proofes brought for the first use of it rather confirmeth than impugneth the same For saith hee Well may the peoples interest stand upon the grounds of reason and nature and bee derived from the rules of Christian equitie and societie That each Church and people stand free by Gods law to admit maintaine or obey no maâ— as their Pastour without their liking unlesse by law custome or consent they have restrained themselves Then the people had as much right to choose their 360 Pastour as the Clergie that had more skill to judge that the Apostles left elections indifferent to the people and Clergie at Jerusalem That the Apostles in the Acts when they willed the Church at Jerusalem to choose the seven did not make any remembrance or
spirit of one Prophet But in this platforme there is no mention made of the King if hee be patrone neither is there any institution spoken of and then how can any action of quare impedit be brought to try the right if two Patrons pretend title to the Patronage bâ—sides the Patron by this platforme must fetch his Clerks only from the Universities Schooles of learning and Nurseries of the Ministerie whereas now hee hath libertie to present any Clerke wheresoever or howsoever ordained Againe strife and contention may arise in the Presbyter between the Bishops and the Ministers themselves appointed to be examiners and ordainers which of the two Clerks nominated by the Patron is most worthy to be preferred If both the Patrons Clerks for non-abilities or criminousnes be refused who shal then nominate and to whom shall the election devolve And lastly what if the B. Presbyter shall disallow one for unabilite which indeed is notwithstanding of abilitie to teach to all these difficulties thus we answer If the Kings Majestie be Patrone to any benefice with cure of soules because we judge and confesse him to be a King endowed Touching the Kings patronage with a rare and singular spirit of zeal for the glory of our God with an excellent spirit of love for the salvation oâ— the soules of his subjects to be the Nehemiah of our age sent unto us from above for the building of the walls reedifying of the ports of the House of God which were broken down devoured we for our parts doubt nothing at all nay rather we most certainly perswade our selves his Highnesse having once beene pleaseâ— to prescribe all wholesome and commendable Lawes unto his peopâ—e will also vouchsâ—fâ— much more to prescribe lawes yea and to be a Law uâ—to himselfe And that his Majestie will set this businesse of the Lords house so neare unto his Kingly and Christian heart by the planting of able Ministers in H. de ley fidei 3 l. ex imperfecto all the Churches of his Highnes Patronage a that all other Patrons by his godly example will be excited reaâ—â—ily to walke in the Kings path to weare the Kings colours and to become the Kiâ—gs chief favourers in this so holy a worke And therefore touching the Kings Patronages cum Magistas imperatoria lâ—gibu essesâ—luta videatur we commend them wholly to the Kings most Christian care providence and fiâ—elitie The Bishops institution and writ of Quare impedit wee grant The Bb. institution may cease must cease but in place of institution the election and ordination by the Presbiterie succeedeth and the Clerke nominated by the Patron elected and ordained by the Presbyterie shall have idem jus ad Ecclesiam in Ecclesia which in former times the Clerk presented by the Patron and instituted by the bishop was wont to have If any suit in law happen for the right of Patronage between two or moe Patrons pretending title to the gift of one benefice It seemeth If suit fall out between two patrons what then may bee done that this gift might have far easier and more speedy way of triall by some other writ than â—y the writ of quare impedit for upon this writ many times by negligence or unskilfulnesse of the Atturnies it falleth out that one of the parties is driven sometimes to sit down by great losse and not to have his title tryed at all only for wanâ— of some ceremoniall form noâ— observed in the pleadings of the cause And therefore both Patrons within the time to be limited by the kings writ having nominated their Clerks to the Presbytere as hertofore they presented to the B. we leave it to be considered whether it were not meet and convenient that the Presbyterie should wholly defend â—he election and ordination of either their Clerks untill the right of patronage were finally adjuâ—geâ— before the K. Justices at the common Law upon which judgement passed they might then without scruple or impediment proceed to the full election ordination of that patrons Clerk for whom the judgment was given By which manner of tryall if the action might bee brought in the name of patron against patron the Clerkes should not only bee freed from much obloquie whereunto they are now subject by prosecution of suits at law one Clerke against another but also they should be exempted from all expence labour and turmoile with which heretofore they have incumbred themselves to the hinderance of their studies and decay of their estates by pursuing the Patrons title at their owne charge Neither might the occasion of suit about the right of patronage be any let or hinderance that the Church in the meane time should be left as a Widow destitute of an husband For any one of the Clerkes nominated by either of the patrons might be appointed by the presbyterie to preach the Word and publikely to pray untill the controversie were ended And out of the fruits also of the same Church remaining in the custodie of one of the patrons or sequestred by the king to the use of the next incumbent he might have such allowance as were requisite for the time of his continuance in that place And for the Sacraments if any were of necessitie to bee administred some other Minister neare adjoyning might be provided to administer the same as in many places it hath been and is now daily used in like cases of vacancie That the Patron should be curbed with too hard a bridle as being barred to fetch his Clerks from any other place than from the The curbing of a patron with too hard a bridle answered Vniversities or other Schools and nurceries of learning is a matter if it be well weighed of lesse importance than the Admonitor would insinuate the same to be First it is not of necessitie required that all patrons should at all times fetch all their Clerkes from those places and not from elsewhere For many times it may happen upon just cause for the benefit of the Church that a Clerk already ordained and placed in one Church may be removed from the same to another But only the meaning is according to the Lawes and canons alreadie setled that the greatest part of the patrons Clerks must of necessitie be called thence because they can not elsewhere be had Now then whereas the law intendeth every Church to be a wife and to have an husband to be a bodie and to have an head the law as a parent unto the Church hath provided untill she be widow indeed that no husband be provided for her And therefore by sundry â—â— de prebend c. tuis l. 6. de prebend fi Episcopus as well ancient Decrees as by Canons of Discipline made and published by the Bishops 1571. it is decreed and confirmed That the Bishop shall lay his hands on none or at any other time but when it shall chance some place of ministration is voide in the same Dioces
most men contemned and that it will be of small force to bring to effect any good amendment of life ASSERTION But who taught him to father or to fasten this untruth upon us only then this might suffice for answer that hee did never yet heare any one of our part so much as call much lesse to cry for discipline No discipline by excommunication only called for Discipline by excommunication onely no more to bee suffered by excommunication only For wee say cleane otherwise viz that the Discipline of the Church ought not to be executed as now for the most part it is by excommunication only This manner of discipline therefore by excommunication only is one of the disorders in the Church used by the reverend Bishops and which wee so much desire to bee reformed And for this cause we intreat their Lordships to forbeare the practice of that which as it seemeth they would so faine have others to mislike But happily this was not the marke whereat the Admonitor shot for Bishoply and Archdeaconly excommunication being daily used it is like that he bent his bow and aimed at that excommunication only which is pastorall and Elderly Against which forme and manner of excommunication let be so that some learned men of this age have at large declared in their workes set forth to the world that the same will be of most men contemned and that it will be of small force to bring to effect any good amendment of The writings of som learned men not sufficient to condemâ—eâ— excommunication by pastours and Elders life let this I say be granted what of all this must the Church of England therefore dislike and reject the same God forbid The whole doctrine of Faith and Sacraments we know to bee of most men contemned and to be of small force to bring most men from superstitious and popish idolatrie And how then is it possible but that the sword of this doctrine should have as little entertainement amongst most men as the doctrine He that casteth away the kernell will much more despise the shale And hee that setteth light by the sword will set lesse by the scabberd It sufficeth then that the children of the Church in England striving to enter in at the narrow gate and embracing the doctrine of the Gospell it is sufficient I say that they submit and subject their necks unto the yoke of the Gospell for what have we to doe with them that are without Doth the law of England endight condemn and judge a Spaniard resiant in Spaine The Admonitor himselfe affirmeth at the time when our Saviour Christ said dic Ecclesiae that there were many presidents as it page 134 were and governours of the Church together with the chiefe Ministers page 135 The Bb. confesseth that the Minister and Elders did governe in the primitive Church of every congregation nay further hee saith thaâ— he will not deny that the Apostles afterward and the primitive Church did practise the same These some learned men then eâ—ther must shew and prove unto us the children of God in England that this forme of governing the Church and excommunicating by many presidents and go vernours together with the chiefe Minister of every congregation was given to the Churches in the time of Christ and his Apostles but only for that time and that therefore that form is now at an end and ceased or els it must be confirmed unto us that God hath in these dayes altered and changed his mind touching England and that hee hath by some new vision or revelation commanded the Reverend Bishops in these dayes to teach the Church of England that he will not have the same manner of Government used in the Church of England because it would be of most of his Children in England The opinion of some Learned men not sufficient for the Church of England to depart from the word contemned and of small force to bring to effect any good amendment of life in them for albeit all the Learned men in the world had declared as much in their workes set forth to the world as is here spoken of what were that to the children of God in England unlesse the same Learned men had taught unto us true learning from the mouth of God How much lesse are we bound to regard what only some Learned men of this age have declared unto us the same some Learned men having no warrant out of the holy Booke of God for such their Learning For if the declaration of some Learned men of this age in their workes set forth to the world may be a sufficient warrant to draw men from the way of truth then hardly let the declaration of Doctor Harding against the true use of the Lords Supper and then let the declaration of Osorius against justification by faith and the declarations of Bellarmine against diverse Articles of our Religion and the declaration of Doctor Allen against the execution of Justice in England and the declaration of Doctor Saunders a rebellious fugitive in the defence of the Popes Bull and the declaration of G. T. for the pretended Catholikes and lastly let the declaration of the Pope and his whole Clergy excommunicating our late Soveraigne Lady the Queen deceased bee received and listned unto For who can deny but that these men were some men and that these some men were also some learned men and who then seeth not the loosenesse the vanity the trifling and the toying of this argument The Argument following which the Admonitor would seeme Page 81. to let passe drawne from experience is of like quality For though experience as hee saith teach that men of stubbornnesse will not By excommunication of Pastors and Elders moe can not bee out of communion than in communion shun the company of such as bee excommunicated and though such men of stubbornnesse must be also as he saith excommunicated for keeping of company with them yet to affirme that by meanes of Pastourly and Elderly excommunication moe will bee excommunicated as being men of stubbornesse than in communion is a very grosse and palpable errour For we hold as the truth is that the greater part of the Church cannot be excommunicated by the lesser nor that many should be excommunicated by a few nor that a few should bee excommunicated by one of the Church And if the common union must necessarily consist of all or of the most part of the faithfull then is the lesser part alwayes out of this common union For what else is excommunication but extra communionem ejectio a casting forth of one or of moe persons from the common fellowship society and company of the faithfull The greatest part whereof and not the least are accompted to be the Church and to be in communion unlesse then the whole Church or the greater part of the Church having once cast out from among them one or moe adulterers blasphemers extortioners or such like
untill hey shall plainly demonstrate unto us that the same is not Oligarchy For if hereafter they shall revoke their former disgracefull judgements against the discipline by Pastours and Elders containing in it the very nature of true Aristocracie and wiâ—hall instruct â—s better of the true nature of their owne government of the Church by Prelacie they shall find us filyable to their opinion so that it be grounded upon the principles and reasons of truth In the meane season after the fashion of the Admonitors manner of admonishing the people wee most humbly beseech the King and Parliament to be enformed that it is greatly to bee feared if Prelacy bee Oligarchie that the Prelates It is to bee feared least by the example of Prelates Oligarchie be brought in the common-weale will endeavour to transferre that manner of government from the Church unto the Common-Weale And that the Common-Weale shall as miserably be rent and torne with factions and uproares as now the Church is disquieted by schismes and divisions For if onely a few of the richest and welthiest sort shall get an head and beare all the sway in the Common-Weale they shall think by the Principles and reasons of Oligarchie that they have injuâ—y if they have not as much to doe in civill mattes as the Prelates have to doe in the matters of the Church And what hereof may follow as the Admonitor leaveth so doe I also leave it to the judgment of other Only if the way hereof already hath beene troden A caveat against Oligarchie out unto them by some who have not written nor spoken but yet practised the principles and reasons of Oligarchie in the Common-Weale onely then this I say and adde as a Caveat that the danger to come is more heedfully to be prevented For like as in good harmony to make the Musicke perfect is required a moderate and proportionate inequality of voices which if it too much exceed taketh away all the sweet melody so by too much immoderate inequality or disparitie of Citizens the Common-Weale falleth to ruine But why may not the Government of the Church by Prelacie The government of the Church by Prelacy is not Monarchicall be a Princely and a Royall Government Indeed this question if it should bee resolved by the Rules and Principles of the Canon Law I could hardly disprove that government to be Princelike for as hath been said before quilibet Ordinarius in Diocoesi est major quolibet Principe Yea and every Bishop by the same Law hath as absolute a spirituall power within his Diocesse as a King hath a temporall power within his Kingdome But because that Law with the rules and principles thereof is or ought to be discarded out of this Kingdome we will not wade in it Only wee say that the government of the Church by Prelacy cannot bee any kinde of Royall and Monarchiall government because Prelates have not like power spirituall as Kings and Monarchs have power temporall For there was never yet lex regia de Praelatorum spiâ—ituali imperio lata qua Praelatis in eos omne imperium suum potestatem aut Deus aut Institut de jure natur gent ci § Sed quod populus Dei contulerit And therefore where the people have made the fore said regall Law as there it is justly said quodcunque Imperator per Epistolam constituit vel cognoscens decrevit vel edicto praecepit legem esse constat and quod Principi placuit legis habet vigorem So likewise where there is no such regall Law made in the Church there it is justly affirmed quod Praelato placuit legis non habet vigorem quodcunque Praelatus per Epistolam constituit cognoscens decrevit vel canone praecepit legem non esse constat And then how can every Prelate or why doth every Prelate by his sole authoritie injoyne Canons Articles Injunctions and orders to bee observed as Lawes in all the Churches of his jurisdiction If the Admonitor supposed the government of the Church by Prelacy to bee Monarchiall because the Queene was a Monarch and that If the government of the Church by Prelacy be Monarchicall theÌ„ may the government by pastors beâ— so to the Reverend Bishop governed under a Monarch then what did he else but put a weapon into the hands of Pastors and Elders to prove their government also to be Princely and Monarchiall Because Pastors and Elders desire not to have that manner of government to bee brought into the Church otherwise than by the Royall assent Soveraigne authoritie and expresse commandement of Our most Gratious King and Monarch Besides if any government may bee therefore said to be a Monarchy because the same is derived from an earthly Monarch how much more than may the government of the Churches by Pastors and Elders bee adjudged Monarchicall by reason the same is deduced from our heavenly and everlasting Monarch For the Reverend Bishops by their publike M. Horne bishop of Winch. M. â—ewell bishop of Sali M. Bilson bishop of Winch. preachings and apologeticall writings testifie that power and authoritie to ordaine and depose Ministers to excommunicate and to absolve to devise and to establish rites and Ceremonies in the Church to define what is truth to pronounce what is falsehood to determine what is schisme and to condemn what is heresie our Reverend Bishops I say confesse this power to be originally decided unto the true Bishops and Pastors of the Church from the Kingly and Soveraigne power of our Saviour Christ By what name therefore soever the government of Pastours and Elders in the Churches be called there is no manner of cause to dislike of the planting of that government in a Monarchy because the same is instituted by No cause for a Monarch to feare that his Christian subjects should have the sense of Aristocracy in Church government the Monarch of Monarches who is able and ready to uphold the state of all Monarchies in Common-Weales together with the state of Aristocracie in his Church Neither is there any cause for any Monarch in the world to feare the making of Christian common people by familiar expâ—rience to have the sense and feeling of the principles and reasons of Aristocracy For if a people have once submitted their neckes to the yoke of Christ they can live a peaceable â—nd godly life under all kindes of powers because they know all kind of powers to be the ordinance of God But especially there is not neither ever was neither ever can there be any cause for any King or Monarch of England greatly as the Admonitor insinuateth to feare that the common people will very easily transferre the principles and reasons Aristocracie to the government of the Common-Weale and thereupon be induced to thinke that they have injury if they have not as much to doe in civill matters as they have in matters of the Church seeing they also touch their commoditie and benefit
the Realm of Ireland of the K. highnesse most honourable privie Councell chosen by him for the assistance of his Royal person in matters appertaining to his Kingly estate and lastly of the supreme and grand Councell of the three estates in Parliament for matters concerning the Church the King and the common weale For whether respect be had unto the secret affaires of the Kings estate consulted upon in his Highnesse Councell Chamber by his privie Councellers or whether we regard the publike tractation of matters in Parliament there can be no man so simple as not to know both these privie and open negotiations to be carried by most voices of those persons who by the K. are called to those honourable assemblies And what a vaine jangling then doth the Admonitor keepe and how idely and wranglingly doth he dispute when against the government of the Church by Pastours and Elders hee objecteth that the same will interrupt the lawes of the Realme that it will bee great occasion of partiall and affectionate dealing that some will incline to one part and that the residue will be wrought to favour the other and that thereby it will be a matter of strife discord schisme and heresies Howbeit if never any of these extremities and dangers have fallen out in the common weale by any partiall ot affectionate dealing of the Kings Deputies Presidents Judges Justicers and other Officers and Ministers associated unto them for the administration of Justice or equitie in any of the Kings civill Courts how much lesse cause have we to feare any partialitie affection working inclination favour strife debate schismaticall or hereticall opinions if once Pastours and Elders in every Congregation and not throughout a Diocesse one Bishop alone had the spirituall administration of the Church cause Can many temporall Officers Justicers and Judges rightly and indifferently administer the Law and execute jâ—stice and judgement without that that some doe incline to one part and without that the residue be wrought to favour the other part And cannot spirituall Officers dispatch spirituall affaires without that that they be partially and affectionally disposed What is it so easie a matter that the Ancients of God and the Ministers of Christ can the one part incline to righteousnesse and the residue be wrought to favour wickednesse can some incline to God and unto Christ and can other some be wrought to follow Satan and Antichrist For what other controversie is requâ—red to be decided by Pastours and Elders than the controversie of sin between the soule of man and his God And is there any Christian Pastour or Elder that will be wrought rather to favour the sinne of a mortall man than the glory of his immortall God But to leave the state of the kingdome and common weale and the good usages and customes of the same let us come to the state of the Church it selfe and to the lawfull government thereof established even amongst us at this The government of the Church ought not to be by one alone day For whatsoever our Reverend Bishops practise to the contrary yet-touching ordination and deposition of Ministers touching excommunication and absolution touching the order and rule of Colleges Cathedral Churches and the Vniversities the Ecclesiastical law doth not commit the administration of these things and regiment of these places to any one person alone The Vniversities admit not the government of the Chancellour being present nor of his Vicechancellour The government in the Vniversities not by one alone The government in Colledges not by one alone himselfe being absent as of one alone the Doctors Procurators Regents and non-Regents have all voices and by most oâ— their voices the Vniversitie causes take successe The businesses of Colledges by the statutes of their founders are commended to the industrie and fidelitie of the President Viceprovost and Fellowes unto the Provost and Viceprovost and Fellowes unto the Warden Sub-warden and fellowes unto the Master and fellowes and unto such like Officers and fellowes The Cathedrall The government of Cathedrall Churches not by one alone Churches their livings and their lands their revenues and their dividents their Chapiters and their coâ—ferences depend upon the will and disposition of the Deane and Chapiter and not of the Bishop alone Neither can the Bishop alone by any ancient canon law pretended to be in force place or displace excommunicate or absolve any Ecclesiasticall person without the judgement of the Chapiter Ex de exces Prela c. 2. Exc. de hiis quaes cons cap c novit And aswell by a statute 21. H. 8. c. 13. as also by the booke of consecrating Archbishops c. the presence of divers Ministers and the people is required at the ordiâ—ation of every Minister As for the deposition or degradation of Ministers under the correction of the reverend Whether the degradation of a Minister be warrantable Monsieur de â— Iesis 164. in the 2 book of the Masse Bb. be it spoken I think they have not so much as any colour of any law for it The form of the degradation of a popish and sacrificing Priest by the Canon law can be no pretext to degrade a Minister of the Gospell because a Minister of the Gospell is not set into his charge per calicem patinam with a cup full of wine and dish full of hostes neither receiveth hee any character at all of a shaveling priest And because a Minister of the Gospell is ordained only after that manner which the statute law hath appointed how should the ordination made by so high an authoritie be undone by any other power unto the former manners of the administration of the causes of the Vniversities Colledges and Cathedrall Churches may be added the execution of Ecclesiasticall jurisdiction committed The ecclesiasticall Commission exercised by many commissioners and not by one heretofore by the Queen unto the Ecclesiastical Commissioners For althought by the words of the statute her Highnesse had full power and authoritie by her letters patents to assign name and authorize any one person a naturall borne subject to execute spiâ—ituall jurisdiction yet neverthelesse according to the laudable usages and customes of her Kingdome and courts temporall she evermore authorised not one alone but divers and sundry aswell temporall as Ecclesiasticall persons for the execution thereof Which manner of The ecclesiasticall commission commanded by the Bishops if it please the King may be enlarged unto all parishes wherin are godly preaching Ministers commission because the reverend Bb. commend the same and avow that it would do more good if it were more common it cannot but seem to be a most gratefull thing unto all good men especially unto those reverend Fathers if humbly wee beseech the king that his highnesse would be pleased to make it more common And therfore in the behalfe aswell of the reverend Bb. as of all the learned and grave Doctors and Pastours of every Church we most instantly
Scripture to be given them by God and therefore the King and Parliament may be pleased to abolish both them and their power as King Hen. 8. did abolish Monkes and Friars 26. 40. and 28 The challeng for Lordly primacy out of the great charter answered 28 The study of the civill Law and the professors of it may florish more than now they doe 28 Fees for probate of testaments let to farme 29 Fees dew for execution of functions of the Canon Law disproportionable for a Dâ—ctor of the Civill Law 30 An Act of Parliament for the advancement of the Civill Law is set downe and a forme laid for all proceedings in the Courts in which the Civill Lawyers should be Iudges 32 33 It will advance the honour of the King and the good of his subjects to have matters of tithes and testaments and matrimony reduced by act of Parliament to bee tried by the Iudges of the Common Law 37 Matters of tithes and other causes of light nature pertaine to civill justice 37 The temporall law may easily bee applyed to causes now reputed Ecclesiasticall 39 How legacies may be recovered at the Common Law 42 Matters of marriages more fit to bee decided by the Kings officers than by the Bishops 43 Much adâ—e in the Bishops Courts about Accipio and Accipiam 44 The common Law preferred by the Bishops above the Law of God and the civill Law 45 Causes of Adulteries Slander Heresie which by sufferance only have bin exempted from the Cognizance of the King may be arbitrated by the Iudges of the common Law 47 Hierarchy may be judged felony if it please the King 49 The cognizance of all crimes as well as of some by the Law of God belong to the King 50 No impeachment and impropriations in lay mens hands the stat of 15. Rich. 2. and the 4. Hen. 4. being observed for a Vicar endowes yet if it please the King Parliament a law may be made for reducing of impropriations which may bee done First by restitution Secondly by commutation Thirdly by redemption Fourthly by contribution 52 Parochiall Churches to what use they were founded 56 First restitution of many may and ought to be which are now accounted the temporall revenues of Archbishops and Bishops which were given to severall Churches are now spoyled of them by Archbishops and Bishops 55 56 57 58. Secondly commutations may be made of many of the Bishops lands given to superstitious uses for many impropriations in the Kings hand and the hands of many of the Nobility 56 58 59 Thirdly there may bee a redemption made of the same land or buying in of many impropriations by a common purse or treasury which will increase 1. When the people shall be discharged of the burden of Ecclesiasticall Courts 2. The treasure will increase by the dissolution of Chapels of ease and uniting two Parishes into one and especially in great Cities and Towns where often are but small Livings 61 Dissolution of Chapels no new thing Ibid. Chapels the Seminaries of hirelings 62 3. By sequestration of the Livings of non residents 4. By the forfeiture of penall Lawes due to the King 60 61 62 63 Sequestration of the Churches of pluralists may further the treasure for redemption of impropriations 63 By what contributions Impropriations may bee brought to the use of the ministery 63 Fourthly the fourth meanes viz by contribution wherby Impropriations may be reduced to the ministery 63 64 65 How and by what means impropriations may be reduced into the ministery 65 66 None of the three estates in Parliament is lost by removall of the Hierarchy as appeares by severall statutes viz. 25. E. 3. c. 24. 31. Ed. 3. Stat. of Herrings 3. R. 2. c. 3. 7. R. 2. c. 12. 1. E. c. 2. 68 69 70 71 72 73 The state of Prelacy founded by the Grandfather of K. E. 3. 69 The K. having the assent of the Nobles and Commons may repeale statutes without the assent of the Prelates 70 The argument answered in which it is said that it hath been alwayes dangerous to pick quarrels against laws setled 74 75 Lesse danger to reforme the Church by new lawes than to continue corruption by old lawes 74 That argument answered in which it is said that there must of necessity be in every Parish one Pastor a company of Seniors and Deacon or two at the least and all those to be found of the Parish 75 76 77 78 What kind of men ought to be chosen Seniors and Deacons 76 The judgment of the Commissioners of Ed. 6. touching Elders and Deacons 77 The election of Pastors by the people stands upon the ground of reason and nature rules of Christian equity and the law of God therefore by no Law or custome can justly be taken away though actually it was by the Pope 79 to 87 Dangerous to innovate unlesse there be evident utility in innovation 80 The common manner of election in the old Churches was by the people 81 The King without the people hath power to nominate the Kingly Bishop 82 M. Bilson confirmes the peoples election of their Pastor 83 A great difference betwixt the choice of Bishops in England and Pastors 86 No Schisme hapned by choice of Pastors by the people ancient schimes were ever from the election of Bishops 87 88 therefore a Stat. is desired for the giving of election of their Pastors 86 Election of publike officers in Cities and Boroughs is by the principall men of these places 90 91. therefore Ministers may bee elected the officers of Cities and Townes Corporate chosen without contention therefore Pastors may be also chosen 90 The people would be more carefull of their Election than Bishops have been the people could make no choice of insufficient Ministers unles the Bishops did make insufficient Ministers 93 94 The common people accused of backwardnesse in Religion the reason of that must needs be from their ill guides 95 Men of excellent gifts and men of no gifts are unequally matched in the ministery of the Gospell 96 The people may know a man to be a fit Minister though he be not brought up among them 98 What knowledge of a Minister is required in the people before they choose him No partiall suits can follow the election of Ministers by the people 100 The means to take away all symony for places in the Ministry 100 The inconveniences of Bishops ordination set downe 102 As many suits betweene the Bish and the Clerke 2. suits between the Clerke and the Archdeacon 3. suits betweene the B. and the Archdeacon 4. Riots and breaches of the Kings peace 5. unlawfull Fees for Letters of institution 6. unlawfull Fees for letters of sequestration 105. 7. Perjury by the Clerk and robbery by the Patron 8. Chopping of benefices and dispensations 106. A supplication to the Parliament to consider these inconveniences and likewise a briefe way is set downe of the redresse of them 107 Diverse things set down concerning ordination of Ministers
than to plant the things required to be planted And alas what a resolution was that among pillars and Fathers for so they will bee counted of the Church Especially when as the things required to be redressed were required to bee redressed at the hands of the whole state of governement that is at the hands of the Queene the Lords Spirituall and Temporall and Commons in open Parliament assembled And could any dammage I pray you have ensued to the state of Government to the state of the Queene to the state of our Countrey People Common weale and Lawes or to the state of the Gospell if things amisse in the Church had beene redressed and things wanting in the Church had beene planted by so high and supreme a power I trow not Nay seeing our Countrey People and Commmon weale not only once and twice and thrice but many times have humbly and earnestly prayed and solicited in open Parliament a redresse of things amisse in the Church is it not most evident that things were not considered aright but amisse by these Fathers of the Church And that the considerers by keeping things unplanted rather aymed at their owne profit honour and dignitie than that our Countrey People and Common weale should fare the better by having things amisse to bee redressed The considerers then being them selves parties yea and such parties as by whom things were carried amisse in the Church and whose defects only were required to be redressed no marvell I say if they used all kinde of artificiall advisement and consideration to keepe things still unplanted by the planting whereof their owne unfatherly miscariages must have beene reformed On the other side if things required to be planted might indeed be once planted howsoever happily our former Church officers might bee somewhat male-contented and discouraged to have their superfluities pared and the edge of their swords abated yet is there no least cause at all for our Countrey people and Common weale to feare any trouble or hurly burly among us For if the hand of God be in Judah so that he give the people one heart to doe the commandement 2 Chron. 30 12. of the King and of the Rulers according to the word of the Lord and if the King the Nobles and Commons shall condescend and agree in one and if their voices shall be all but as the voice of one man to allow and approve that which doth touch and concerne them all then shall neither the Nobles have any occasion to disdaine the Commons nor the Commons any reason to envie the Nobles Much lesse can the Nobles be at variance with the Nobles nor the Commons be at defiance with the Commons For they bee all of them so prudent and so provident as that they will not bite one another lest they should be devoured one of the other And in deed why should any of our Clergie-Masters be so void of judgement as to deny the Nobles and Commons after foure and forty yeares experience of a most prosperous peace waiting upon the Gospell to be now growne so uncircumspect and simple witted as that a reformation of disorders to be made by their consents in others should bring forth a confusion in themselves What will they bicker one with the other will they beate and buffet one another when there is no cause of disagreement or variance betweene them For they shall be sure to lose neither libertie nor dignitie they shall endanger neither honour nor profit Our Nobles shall be tres-noble still they shall be Princes and Captaines over our people They shall be Deputies and Presidents in our publike Weale They shall be Peeres and Ancients of the Kingdome their Priviledges Prerogatives Preeminences stiles ensignes and titles of prowesle and honour shall not be raced defaced or diminished But they shall as they may and ought remaine and continue whole and inviolable both to them and their posterities throughout their generations Our Judges Justices and Lawyers shall have and enjoy their authorities credits and reputations as in ancient times They shall be recorders of our Cities Townes and Boroughs They shall be Stewards of Kings Leets and Lawdayes Our Knights Esquires and Gentlemen shall still bee Burgesses in Parliaments and Conservators of the Kings peace they shall bee Assistants to examine and represse thefts rapines murders robberies riots routs and such like insolencies yea they shall be our Spokes-men and our Dayes-men to arbitrate and compose striffes and debates betweene neighbour and neighbour Our common people they without disturbance shall quietly and peacably retaine and injoy as in former ages their immunities franchises and liberties as well abroad as at home as well in their houses as in their fields They shall possesse their tenancies without ejection they shall bee inheritors without expulsion as well to the lawes liberties and customes as to the lands and possessions of their Ancestors They shall not bee compelled to goe to warfare upon their owne costs they shall not be tryed arraigned or condemned by forraign power or by forraigne Lawes There shall no husbandry no clothing no handicraft no mariner no marchandise no lawes of the Land no manner of good learning whatsoever in Schoole Colledge or Vniversitie be decreased or laid aside Wherefore the Admonitor toying neversomuch howsoever hee hath made his flourish and cast about with his May bees his I feare his pray God his yfes and his andes howsoever I say it pleased him to trifle with these gew gawes yet shall none ever be able to prove by any proofes drawne from the holy Scripture or humane reason that any hinderance indignitie or incumbrance can ever betide our Nobles our Commons the state of our Countrey People Lawes or Common-Weale if the state of Church-governement were translated from Archbishops Bishops Archdeacons Chancellours Commissaries and Officials which are officers in the house of God only according to the commandements and traditions of men unto the government practised by the Apostles and primitive Church which they cannot deny but must confesse to have been according to the holy pleasure of God Nay our Nobles and our Commons are most assured to bee so farr from being endammaged or dosing ought hereby as hereby they shall purchase that unto themselves which never yet any oppugner of so good and holy a cause could attaine unto Namely they shall seale up unto their owne soules infallible testimones of good and sincere consciences testimonies I say of their fidelities unto God testimonies of their allegiance unto him by whom they have beene redeemed and testimonies of love and compassion unto the whole Church of God Nay further our Commons shall be so farre from bringing a-dammage upon themselves as they shall marvellously benefit the mselves First by purchasing unto themselves a large immunitie from many foule and great grievances and exactions of money imposed and levied upon them by Officers and Deputies of Arehbishops Bishops Archdeacons c. Secondly by having the Lord Christ whose cause
the Bishops and Archdeacons their Courts Wee will examine what fees Doctors of the civill law being Chancellors Commissaries or Officials have usually and ordinarily allowed unto them by their Lords and Masters Fees for probat of Testaments granting Fees for probat of testaments let to farm of administrations with their appendances of late years in some places whether in all or how many I know not have beene demised unto farm for an annuall rent out of which either a small or no portion at all have beene allowed unto the Chancellor or Officiall for his service in this behalf Whereupon as I conjecture it hath fallen out rather than that those Officers would worke keepe Courts and travaile for little or nought ther have been exacted greater fees for the dispatch of these things than by law ought to have bin paid Perquisits of courts arising upon suites commenced betweene partie and partie it must be a plentifull harvest and there must be multi amici curiae in a Bishops consistorie if ordinarily communibus annis they amount in the whole to twenty pounds by the yeare and yet these perquisits belong not wholly to the Chancellor but are to be devided between him and the Register And touching fees for excommunication and absolution fees for institution and induction licences to preach licences for Curats and Readers For testimoniall of subscription or licences to marry without banes fees for commutation of penance and fees for relaxation of sequestrations touching these manner of Fees if the same be fees no Fees due for the execution of the functions of the canon law dishonourable for a Doctor of the civill Law way warrantable how are not then such fees every way dishonourable for a Doctor of the Civill law to take either of Ministers or people There must be therefore some other hope of better reward and maintenance to incite and incourage schollars to the studie of the civill law than are these beggerly and unlawfull fees depending upon the functions and exacted by the Officers of the Canon law or els the use of the civill law as the Admonitor saith must necessarily in short time be overthrown For if Fees for probat of Testaments and granting of administrations with their appendices shall still be let to farme and if also many unlawfull fees were quite inhibited there would remaine I trow but a very poore pittance for Civilians out of the functions of the Canon law to maintain their Doctoralities withall But what better reward can there bee for Civilians than hath already beene mentioned If the Admonitor had not willingly put a hood Civilians in England live not only by the functions of Canon law wincke before his eyes he might have seene that the Civilians live not wholly and altogether by the practice of the Canon Law but partly also and that most honourably by the use of the Civill law If a Doctor of the Civill Law be judge or Advocate in the Court of Admiraltie if he be Judge or Advocate in the Prerogative Court so farre as the same Court handleth only matters of Legacies Testaments and Codicills to what use can the Canon Law serve him or what advantage can the same Law bring him in Beside to what use serveth the Canon Law unto a Doctor of the Civill Law if he shall finde favour in the Kings sight and if it please the King to make him one of the Masters of his Requests or one of the twelve Masters of his high Court of Chancery or to be the Master of his Rolls or to be his Highnesse Embassador unto forraigne Nations or to be one of his Highnes most honourable privie Councel or to be one of his principall Secretaries It followeth not therefore as the Admonitor pretendeth that either the Civilians in this Realme live not by the use of the civill law but by the offices and functions of the Canon law and such things as are within the compasse thereof or that the hope of reward and by that means the whole studie of the Civill Law must be taken away if once the Canon Law should be abolished Neither would it bee any hard matter for the King if the Civilians might find grace in his sight to appoint Courts Offices and all manner of processe and proceedings in judgement for Doctors of the Civill Law to heare and determine in the Kings name all causes being now within the compasse of any Civill or Ecclesiasticall Law within this Realme And although a little candle can give but a little light and a small Spring can send forth but a small streame yet because great fires are kindled sometimes by little sparkles and small streames meeting together may in time grow into great riveâ—s I shall desire the great Civilians with their floods and lamps of learning to help forward such a law as whereby the study of the Civill Law may be upholden the reward and maintenance of Civilians without any function from the Canon Law may be enlarged many controversies and disorders in the Church may be pacified and the Kings Prerogative Royall bee duely advanced Which things if it might please them rightly to consider then let them humbly and seriously beseech our Soveraigne Lord the King and States in Parliament to give their consents to such a Law as the project ensuing may warrant them the same not to bee dangerous to the overthrow of their civill studies The Project of an Act for the explanation and amplyfying of one branch of a Statute made in the first year of the raign of Queen ELIZABETH entituled An Act restoring to the Crowne the ancient jurisdiction over the state Ecclesiasticall and also for the declaring and reviving of a Statute made in the first year of King EDWARD the sixth entiled An Act what seales and stiles Bishops and other spirituall persons exercising jurisdiction Ecclesiasticall shall use FOrasmuch as by one branch of an Act made in the first yeare of our late Soveraign Ladie of blessed memorie Queen Elizabeth entituled an Act restoring to the Crowne the ancient jurisdiction over the state Ecclesiasticall and Spirituall and abolishing all forraign power repugnant to the same it was established and enacted That such jurisdictions priviledges superiorities and preeminences Spirituall and Ecclesiasticall as by any spirituall or Ecclesiasticall power or authority hath heretofore beene or may lawfully be exercised or used for the visitation of the Ecclesiasticall state and persons and for reformation order and correction of the same and of all manner errors heresies schismes abuses offences contempts and enormities should for ever by authoritie of that present Parliament be united and annexed to the imperiall Crown of this Realm by means whereof it may now be made a question whether any Archbishops or other Ecclesiasticall persons having since that time used or exercised any such spirituall or Ecclesiasticall jurisdiction in their owne right or names might lawfully have done or hereafter may lawfully do the same without speciall warrant and authoritie derived
immediately from your highnesse by and under your Highnesse letters patents And whereas also by a statute made in the first yeare of King Edward the sixth entituled an Act what seales and stile Bishops or other spirituall persons shall use it was ordained that all and singular Archbishops and Bishops and others exercising Ecclesiasticall jurisdiction should in their processe use the Kings name and stile and not their owne and also that their Seales should be graved with the Kings arms And forasmuch also as it must be highly derogatorie to the imperiall Crowne of this your Highnesse Realme that any cause whatsoever Ecclesiasticall or temporall within these your Highnesse Dominions should bee heard or adjudged without warrant or commission from your Highnesse your heires and successors or not in the name stile and dignity of your Highnesse your heires and successors or that any seals should be annexed to any promise but onely your Kingly seale and armes May it therefore please the King at the humble supplication of his Commons to have it enacted That the foresaid branch of the foresaid Act made in the first yeare of Queene Elizabeth her raigne and every part thereof may still remaine and for ever bee in force And to theend the true intent and meaning of the said statute made in the first year of K. Edw. the sixth may be declared and revived that likewise by the authoritie aforesaid it may be ordained and enacted that all and singular Ecclesiasticall Courts and Consistories belonging to any Archbishops Bishops Suffraganes College Deane and Chapter Prebendarie or to any Ecclesiasticall person or persons whatsoever and which have heretofore beene commonly called reputed taken or knowne to be Courts or Consistories for causes of instance or wherein any suite complaint or action betweene partie and partie for any matter or cause wherein judgement of law civill or Canon hath beene or is required shall and may for ever hereafter be reputed taken and adjudged to be Courts and judgement seates meerely Civill secular and temporall and not henceforth Ecclesiasticall or Spirituall and as of right belonging and appertaining to the Royall Crowne and dignitie of our Soveraigne Lord King James that now is his heires and successors for ever And that all causes of instance and controversies betweene partie and partie at this day determinable in any of the said Courts heretofore taken and reputed Ecclesiasticall shall for ever hereafter bee taken reputed and adjudged to be causes meerly Civill secular and temporall as in truth they ought to bee and of right are belonging and appertaining to the jurisdiction of the Imperiall crown of this Realme And further that your Highnesse Leige people may bee the better kept in awe by some authorized to bee your Highnesse Officers and Ministers to execute justice in your Highnes name and under your Highnesse stile and title of King of England Scotland France and Ireland defender of the Faith c. in the said Courts and Consistories and in the said causes and controversies Be it therefore enacted by the authorities aforesaid That all the right title and interest of in and to the said Courts and Consistories and in and to the causes and controversies aforesaid by any power jurisdiction or authoritie heretofore reputed Ecclesiasticall but by this Act adjudged civill secular and temporall shall for ever hereafter actually and really be invested and appropried in and to the Royall person of our Soveraigne Lord the King that now is his heires and successors Kings and Queenes of this Realme And that it shall and may be lawfull to and for our said Soveraigne Lord and King his heires and successors in all and every Shire and Shires Diocesse and Diocesses within his Highnesse Dominions and Countries by his and their letters patents under the great Seale of England from time to time and at all times to nominate and appoint one or moe able and sufficient Doctor or Doctors learned in the Civill Law to bee his and their civill secular and temporall Officer and Officers Minister and Ministers of justice in the same civill secular and temporall Courts and Consistories which in and over his and their royall name stile and dignitie shall as Judge and Judges doe performe and execute all and every such act and acts thing and things whatsoever in and about the execution of justice and equitie in those Courts according to the course and order of the civill Law or the Ecclesiasticall canons and constitutions of the Realme as heretofore hath beene used and accustomed to bee done by for or in the name of any Archbishops Bishops Colledge Cathedrall Church Deane Archdeacon Prebendary or any other Ecclesiasticall person or persons whatsoever And that all and every such civill secular and temporall Officer and Officers Minister and Ministers Judge and Judges in his and their processe shall use one manner of Seal only and none other having graved decently therin your Kingly armes with certaine characters for the knowledge of the Diocesse or Shire And further be it enacted c. That it shall and may be lawfull by the authoritie aforesaid for our said Soveraigne Lord the King his heires and successors from time to time and at all times to nominate and appoint by his and their Highnesse Letters Patents under the great Seale of England for every Shire and Shires Diocesse and Diocesses within his or their highnesse Dominions one or more able and sufficient persons learned in the Civill Law to be his and their Notarie and Notaries Register and Registers by him and themselves or by his or their lawfull Deputie or Deputies to doe performe and execute all and every such act and acts thing and things as heretofore â—â— the Courts and Consistories Ecclesiasticall aforesaid hath beene and â—ow are incident and appertaining to the office of any Register or Notarie And further at the humble suit of the Commons c. it may please the King to have it enacted that all and singular matters of Wills and Testaments with all and every their appendices that all and singular matters of Spousals and Marriages with their accessories that all and singular matters of defamation heretofore determinable in the Ecclesiasticall Courts and if there bee any other causes of the like meere civill nature shall bee heard examined and determined by the said civill and secular Officers and Iudges in the said civill and secular Courts according to the due course of the civill Law or statutes of the Realme in that behalfe provided And that all matters of Tythes Dilapidations repayre of Churches and if there bee any other of like nature with their accessories and appendices shall be heard examined and determined by the said civill and secular Officers and Judges in the said Civill and Secular Courts according to the Kings Ecclesiasticall Lawes Statutes and customes of the Realme in that behalfe heretofore used or hereafter by the King and Parliament to be established And at the humble suite of the Commons may it please the King to
of the Common Law before the Kings Judges and Justices of the Kings bench and Common pleas By a Statute of 32. H. 8. c 7. it is cleare that all tyths oblations c. and other Ecclesiasticall or Spirituall profits by the lawes and statutes of the Realme may be made temporall as being admitted to be abide and goe to and in temporall hands lay-uses and profits From the reason of which statute it is cleare that those lawes likewise may be reckoned amongst us for temporall lawes which by the lawes and statutes of the Realme may be executed by temporall and lay persons and which are conversant about temporal and lay causes If then the execution of the Lawes touching these matters may lawfully remaine and abide in the hands of Doctors of the Civill Law being temporall and lay persons as alreadie under the Bishops they doe it cannot be denied but that the Kings Judges and Justices of both benches may bee as competible Judges to put in execution the lawes concerning these matters as Doctors of the Civill Law or other lay men be But the causes are not reputed and called temporall and lay causes amongst us What for that if in their owne nature simply considered these causes be merely lay and temporall causes such causes I meane as whereof the King a lay civill and temporall Magistrate by his lay civill and temporall Magistracie derived unto him immediately from the holy law of God may and ought to take cognizance and thereupon either in his owne Royall person or by the person of any of his inferiour Officers may give absolute and peremptorie judgement If I say these things be so what booteth it or what wisedome is it to contend that these causes and matters have been and are still adjudged to be therefore Ecclesiasticall and no temporall causes because through an abusive speech or through a vaine and evill custome they have beene so led and accompted in times past And what if it hath pleased the Kings Progenitors by sufferance to tolerate the executions of such Lawes as concerne these things to bee in the hands and power of Ecclesiasticall persons yet hereupon it followeth not that in very deede and truth the Magistracie of the said Ecclesiasticall persons was an Ecclesiasticall Magistracie or that they were Ecclesiasticall Magistrates but their Magistracie was and remained still a temporall magistracie and they were and abode temporall Magistrates For not more can the qualitie of the person alter the nature of the cause than can the qualitie of the cause alter the nature of the person And if it be true that matters determinable in times past by a Magistracie abusively called Ecclesiasticall be notwithstanding properly temporall matters and that the same Magistracie also be a temporall and no spirituall Magistracie what a childish and poore conceit is it to challenge and threp upon the temporall Magistrate that he hath none or very few temporall lawes touching those matters and that therefore the people should not solicit an alteration of abuses in Church government left for want of temporall lawes the people should bee without Ecclesiasticall discipline It will be no small matter saith he to apply these things to the temporall law yea and so say I to But what of that The question is not how hardly these things may be applyed to the temporall law but how small a matter it were to apply the temporall law unto these things For it is not said in any law that casus ex juribus but it is said in all lawes that ex casibus jura nascuntur The temporall law may easily be applyed to causes now reputed Ecclesiasticall And indeed the Phisition applyeth not the disease to his Phisick but he prepareth his phificke for the disease The husband-man he measureth not his ground by the seed but his seed by the ground The Draper he meateth not his yard by the cloth but his cloth by the yard If in like manner the temporall lawes and the grounds and rules thereof were applyed to these matters of tythes marriages c. whereof he speaketh what more alteration could there bee of the temporall law by such an application then there is an alteration of the plummet by laying it to the stone or than there is an alteration of the rule or yard by laying them to the timber and cloth Besides he that rightly and after an exact and equall proportion can apply one rule or maxime of the temporall law to many more cases than whereupon it hath beene usually in former times applyed hee may rather bee reputed an additioner than an alterer of the Law But how may the temporall Law be applyed to those matters how even so and so as followeth By the statute of 32. H. 8. c. 7. it is declared that tythes oblations how tythes may bee recovered in the Kings temporall Courts c. and other Ecclesiasticall or spirituall profits c. being lay mens hands to lay uses be no more Ecclesiasticall but temporall goods and profits and that if any person were diseased deforced wronged or otherwise kept or put from his lawfull inheritance estate seisin c. of in or to the same by any person claiming or pretending to have interest or title in or to the same that then in all and every such case the person so disseised deforced or wrongfully kept from his right or possession shall and may have his remedie in the Kings tempoâ—al Courts as the case shall require for the recoverie of such inheritance by writ originall c. to be devised and granted out of the Kings Court of Chancery in like maner c. It is there likewise provided that that Act shall not extend nor be expounded to give any remedie cause of action or suite in the Courts temporall against any person which shall refuse to set out his tythes or which shall detaine c. his tythes and offerings But that in all such cases the partie c. having cause to demand or have the same tythes shall have his action for the same in the Ecclesiasticall Courts according to the ordinance in the first part of that act mentioned and none otherwise Now then sithence every person whether he be lay or Ecclesiasticall having right to demand tythes and offerings hath the partie from whom those tythes be due bound and obliged unto him and sithence also the partie not dividing yeelding or paying his tythes doth actually and really detaine the same and thereby doth unjustly wrong the partie to whom they be due contrary to justice and the Kings lawes sithence I say these things be so what alteration or disadvantage could befall or ensue to the Common Law or the Professors thereof if so be it might please the King with his Parliament to have the last part of this Act so to be explained extended and enlarged as that the same might give remedy in the Kings temporall Courts by writ originall to be devised and granted out of the Chancerie against
any person detaining his tithes and offerings the Hospitall of S. Leonards in Yorke of the Kings foundation and Patronage endowed of a thrave â—ospital of S. Leonard 1 2. h. 6. c 2 of Corne to bee taken yearely of every plough earing within the Counties of Yorke Comberland Westmerland and Lancaster having no sufficient or convenable remedie at the Common Law against such as with-held the same thraves it was ordained by the King in Parliament that the Master of the said Hospital and his successors might have action by writ or plaints of debt or detaine at their pleasure against all and every of them that detained the same thraves for to recover the same thraves with their dammages And by the Statute of 32. H. 8. c. 4. it is enacted That the Parsons and Curates of five Parish Churches whereinto the Towne of Royson did extend it self and every of them and the successors of every of them shall have their remedie by authoritie of that act to sue demand ask and recover in the kings Court of Chancerie the tythes of corn hay wooll lamb and calfe subtracted or denyed to be paid by any person or persons Againe Vicars Parsons or improprietaries do impleade any man in the Ecclesiasticall Court for tythes of wood being of the age of twenty years or above for tyth-hay out of a medow for the which time out of mind and memorie of man there hath only some Meade-silver beene paid or if a debate hang in a spirituall Court for the right of tythes having his originall from the right of Patronage and the quantity of the same tythes do passe the fourth part of the value of the benefice a prohibition in all these and sundry other cases doth lie and the matters are to bee tried and examined in the Kings Courts according to the course of the Common Law unlesse upon just cause there bee granted a consultation And if in these cases in maintenance of the Common Law the defendants have reliefe in the Kings Courts I thinke it more meet to leave it to the consideration rather of common than to the judgement of Canon Lawyers to determine what alteration the Common Law could sustaine in case if plaintiffes as well as some defendants might pray the Kings aide for the recoverie of tythes especially seeing at this day the manner of paying tythes in England for the most part is now limited by the common and statute lawes of the Realm and not by any forraigne canon law But there is some fact Object happily so difficile so secret and so misticall in these causes of tythes as the same cannot without a very great alteration of the Common law Answer be so much as opened before a lay judge or of the hidden knowledge whereof the Kings temporall Judges are not capable Why then let us What facts touching the upholding of tyths are examinable in the Ecclesiasticall courts see of what nature that inextricable fact may be I have perused many libels made and exhibited before the Ecclesiasticall Judges yea and I have read them over and over and yet for ground of complaint did I never perceive any other materiall and principall kinde of fact examinable in those Courts but only such as follow First that the partie agent is either Rector Vicar Proprietarie or Possessor of such a Parish-Church and of the Rectorie Vicaridge farme possession or dominion of the same and by vertue thereof hath right unto all tythes oblations c. apertaining to the same Church and growing within the same parish bounds limits or places tythable of the same Secondly that his predecessors Rectors Vicars c. time out of mind and memorie of man have quietly and peaceably received and had all and singular tythes oblations c. increasing growing and renewing within the Parish c and that they and he have beene and are in peaceable possession of having and receiving tythes oblations c. Thirdly that the partie defendant hath had and received in such a yeer c. of so many sheepe feeding and couching within the said Parish c. so many fleeces of wooll and of so many Ewes so many Lambes c. Fourthly that the defendant hath not set out yeelded or paid the tyth of the wooll and lambe and that every Tyth fleece of the said wool by commâ—n estimation is worth so much and that every tyth Lambe by common estimation is likewise worth so much c. Fifthly that the defendant is subject to the jurisdiction of that Court whereunto he is summoned Lastly that the defendant doth hetherto deny or delay to pay his tyths notwithstanding he hath beene requested thereunto These and such like are the chiefe matters of fact whereupon in the The Kings Iustices are as able to judge of exceptions against tyths as the Ecclesiasticall Iudges Ecclesiasticall Courts proofes by witnesses or records rest to be made for the recoverie of tythes And who knoweth not but that these facts upon proofes made before the Kings Justices may aswell bee decided by them as by any of the Reverend Bishops or venerable Archdeacons their Chancellors or Officials If there be any exception alleaged by the defendant as of composition prescription or priviledge the Kings Justices are as able to judge of the validitie of these as they are now able eo determine customes de modo decimandi or of the use of high wayes of making and repairing of Bridges of Commons of pasture pawnage â—estovers or such like Truth it is that of Legacies and bequests of goods the reverend Bishops by sufferance Legacies how they may be recovered at the common law of our Kings and consent of our people have accustomably used to take cognizance and to hold plea in their spirituall Courts Notwithstanding if the Legacie bee of lands where lands be divisible by Testament the judgement thereof hath beene alwayes used and holden by the Kings writ and never in any Ecclesiasticall Court Wherefore if it shall please the King to enlarge the authoritie of his Courts temporall by commanding matters of legacies and bequests of goods aswell as of lands to be heard and determined in the same it were not much to be feared but that the kings Justices the kings learned Counsell and others learned in the Law of the Realm without any alteration of the same law would speedily finde meanes to apply the grounds thereof aswell to all cases of Legacies and bequests of goods as of lands For if there be no goods divisible by will but the same are grantable and confirmable by deed of gift could not the kings Justices aswell judge of the gift and of the thing given by will as of the grant and of the thing granted by deed of gift or can they not determine of a Legacie of goods aswell as of a bequest of lands If it should come in debate before them whether the Testator at that time of making his will were of good and perfect memorie upon proofs and other
of Yorke and Silby were there present In a booke intituled the burning of Pauls Church in London 1561. and in the fift question moved by a papist it is said that this manner of ministration of Sacraments set forth in the booke of Common prayers was never allowed nor agreed upon c. no not by the Clergie of England at the last Parliament but only it was agreed upon by the Laitie which had nothing a doe with spirituall matters or causes of religion Whereunto the reverend Father Master Pilkington Bishop of M. Pilkington Bishop of Durisme Duresme answering was there not saith he a disputation for Religion appointed by the Queenes Majestie wherein your Clergie was affraid to utter their foolishnesse in defending their superstition lest they had taken more shame in answering than they did in holding their peace I thinke the Vniversities with so many places of this Realme receiving religion and these other disputing for it may bee counted to be some part of the clergie of the Realme And so it was not received without consent of the Clergie But these were not of the Parliament What then But as Ioash Josaphat Ezechias and Iosias did not make a new Religion but restored that which was defaced and had long lyen buried so our Parliament did not set forth a new religion but restore that which was godly begun before the good K. Edward confirmed by the Parliament and Clergie then c. But nothing can bee concluded as a law by Parliament say they without consent of the Clergie there present But this having not their consent cannot be counted a law as they think I had rather saith M. Pilkington leave this to be answered by the Lawyers than otherwise Yet that the world may see that something may be said in it we grant him not this to be true that no law at all can be made without consent of Bishops Look your old statutes of Parliament when Bishops were highest afore Edward the third and ye shall read that they passed by consent of the Lords temporall and commons without any mention of the Lords spirituall which statutes many of them stand in strength at this day Then it may well be gathered that the consent of the Clergie was not alwayes so necessarie as they thinke it The Lawyers Judges and Justicers put in practice and execute these lawes therefore their doings may be a sufficient reason to lead the unlearned what opinion they have of this statutes For Religion except Justice Rastall first executing that and afterward running away may condemne the rest which I trust he may not I thinke they would not execute them except they had the strength and nature of lawes If they doe contrary to their knowledge and opinion they cannot be able to answer their doings but I think no wise men are of this opinion Only these corner creepers that dare not shew their face and would deceive the people go about to deface all good and godly order that displeases them In the dayes of K. Edward they had the like fond opinion that the king could not make lawes in his minoritie untill he came unto full age and to make the people to disobey their Prince Hitherto M. Pilkington L. Bishop of Durisme with whom the most worthy and learned M. Jewell late Bishop of M. Iewel B. of Salisburie Salisburie agreeth in every point The wise and learned faith hee could have told you that in the Parliaments of England matters have evermore used to passe not of necessitie by the speciall consent of the Archbishops and Bishops as if without them no statute might lawfully be enacted but only by the more part of voyces yea although the Archbishops and Bishops were never so earnestly bent against it And statutes so passing in Parliaments onely by the voyces of the Lords temporall without the consent and agreement of the Lords spirituall have neverthelesse beene alwayes confirmed and ratified by the Royall assent of the Prince and have beene enacted and published under the names of the Lords spirituall and temporall Reade saith hee the statutes of King Edward the first there shall ye find that in a Parliament holden at S. Edmundsbury the Archb. and Bishops were quite shut forth and yet the Parliament held on and good and profitable lawes were there enacted the departing or absence or malice of the Bishops spirituall notwithstanding In the Records thereof it is written thus Habito Rex cum suis Baronibus Parliamento Clero excluso statutum est The King keeping a Parliament with his Barons the Clergie that is to say the Archbishops and Bishops being shut forth it was enacted c. In provisione de matrona in the time of K. Edward the third whereas matter was moved of bastardie touching the legitimation of bastards borne before mariage the statute passed wholly with the Lords temporall whether the Lords spirituall would or no. and that contrary to the expresse decrees and canons of the Church of Rome And thus much the most reverend and godly Father M. Iewell Bishop of Salisbury Wherefore to conlude this point against the Admonitors position I dispute thus All those persons who by any necessitie are none of the three estates aâ—d by whose authorities the statutes of England to this day have not stood to leave out the same persons may happily seem a matter of lesse weight than all men do judge it But the Archbishops and Bishops are such persons as by nâ—cessitie are none of the three estates and by whose consents the statutes of England to this day have not stood Therefore to leave out the Archbishops and Bishops may happily seem a matter of lesse weight than all men doe judge it If our Evangelicall Bishops be of that opinion of which the Popish Bishops were viz. that the house of Parliament is an unfit and an unmeet place to have the holy cause of the religion of God debated and concluded upon and that the Laitie without the clergie ought not to conclude any thing in Religion and that in respect hereof their presences their voices and their assents are necessary in the â—arliament If our Evangelicall Prelates I say make this objection then besides that hereby they unseemely unmannerly and unchristianly accuse the whole land of ignorance and blindnesse in religion supposing neither King nor Nobles nor Commons to be able to discern betweene night and day besides this I say so shamefull an abuse of a whole Christian nation I would pray them to remember what the most reverend Fathers Master Pilkington and Master Iewell have answered to such cavillous slanders For what else intended they by many examples and proofes brought for the Parliaments of England consisting of the King the Nobles and the Commons to be lawfull Parliaments and to have right to establish religion but to justifie against Popish scoffers that religion might be conceived and established in Parliament notwithstanding the absence or exclusion of the Clergie Besides since our
lawes doe uphold the state and authoritie of the Convocation house for the examination of all causes Matters of religion not concluded in parliament before the same bee consulted of in convocation of Religion surely it cannot be truly averred that it is necessarie for Evangelicall Bishops to be members of the Parliamenthouse lest controversie of Religion should bee handled and discussed without them For how should any matter of religion bee concluded without them in Parliament when first of all the same is to be argued among themselves in convocation Or let them hardly if they can shew any one instance of any change or alteration either from religion to superstition or from superstition to religion to have beene made in Parliament unlesse the same freely and at large have beene first agreed upon in their Synodes and Convocations And what booteth it then to have a double or treble consultation and consent of Archbishops and Bishops in parliament Is the holy cause of God any whit bettered by their Bishops riding from Pauls to Westminster Or can it receive any more strength by their walking from Westminster Church to Westminster palace Nay it hath beene often times so farre from being promoted by their bishops as not only in their convocations but also in the Queenes parliaments the same thing hath beene shamefully intreated and taken the foyle as may witnesle the bill for the better observation of the Sabboth 27. Eliz. which being passed by both houses of parliament was notwithstanding gainesaid and withstood by none so much as by certaine Evangelicall bishops and which as there all men generally conceived was only stayed from being made a law by the Queene upon their counsell and perswasion ADMONITION Pag. â—8 It hath beene alwayes daugerous to picke quarrels against lawes setled ASSERTION And is it not morbus haereditarius in Prelates to pick quarrels against reformation of errours For even this did Stephen Gardener Stephen Gardeners argument and the adâ—onitors argument in effect one reason against the Lord Protector That in no case saith Stephen Gardener is to be attempted of the Lord Protector which may bring both danger to him and trouble to the whole Realme But innovation of Religion from that state wherein K. Henry left it may be and is like to be dangerous to the Lord Protector and to baeed troubles to the whole Realme Therefore innovation of Religion from the state that K. Henry left it is in no wise to be attempted And even of this stamp and of this streyne is the argument of pickking quarrels against laws setled for thus in effect he argueth That Discipline in no case is to bee brought into the Church by the King and Parliament which may be dangerous to lawes setled But to bring into the Church the Apostolicall discipline may be dangerous to lawes setled Therefore the Apostolicall Discipline in no case is to be brought into the Church by the King and Parliament But forasmuch as that noble and religious Lord Protector notwithstanding Stephen Gardeners sophistry continued constant and couragious in the abolishment of popery and superstition which king Henry left and did without dangerous alteration of laws then setled innovate religion How much more now may the Kings Majestie the Lords and Commons in Parliament attempt with effect an innovation of that state of Ecclesiasticall government wherein the Queene left the Church And if it cannot be denyed but it had beene far more dangerous for the Realm and for the Lord Protector not to have setled the holy doctrine of the everlasting Gospell by Lesse danger to reforme the Church â—y nâ—w lawes than to câ—ntinue corruption by old laws new lawes than to have maintained and continued antichristianitie by old lawes how should it be lesse danger for the king in these dayes to continue corruptions in the Church by toleration of old lawes than to have the same corruptions reformed by establishment of new lawes But unto whom or unto what hath it beene dangerous to pick quarrells against lawes setled Wha hath it beene dangerous to lawes setled No. For how should lawes setled be indangered by quarrelers sithence quarrellers are evermore in danger of lawes setled Or hath it beene alwayes dangerous for a king for a State for a people or for a Countrey to pick quarrels against lawes setled No. For what man is he or what face carrieth he that dare upbraid a countrey a people a State or a King minding to unsettle evill lawes and evill customes to be quarrellers against lawes setled Let it then only be dangerous for private persons upon private male-contentment to pick quarrels against good lawes well and rightly setled and let it not be hurtfull or dangerous for supreme Kings powers and principalities by publike edicts to alter evill lawes evilly setled For to what other end should evill lawes evilly setled be continued but to continue evill And what a thing were that This argument then for lawes setled being the sophisme of that Fox Stephen Gardener is but a quarrelsome and wrangling argument ADMONITION If this government whereof they speake be as they say necessary Pag. 78. in all places then must they have of necessitie in every particular parish one Pastor a company of Seniors and a Deacon or two at the least and all those to be found of the parish because they must leave their occupations to attend upon the matters of the Church But there are a number of Parishes in England not able to finde one tolerable Minister much lesse to finde such a company ASSERTION This argument seemeth to be drawne from kitchin profit and is but a bugbegger to scarre covetous men from submitting their necks unto the yoke of that holy discipline which our Saviour Christ hath prescribed and which the Admonitor himselfe confesseth to have beene practised by the Apostles and primitive Church And yet because this argument seemeth to lay a very heavie burden on mens shoulders such as is impossible to be borne it is an argument worthy That seniours and Deacons should bee found at the charge of the Parish is absurd to be examined though in it self the same be very untrue and absurd For who did ever fancy that a Pastor a company of Seniours and a Deacon or two at the least should be men of occupations or that they should be all found of the parish because they must leave their occupations to attend upon the matters of the Church Why there be many hundreds of parishes in England wherein there dwelleth not one man of an occupation And what reason then or what likelyhood of reason was there to father such an absurd necessitie upon the Church As for the necessitie of having one Pastour in every partilar parish and of his finding by the parish because it is his duety to attend upon reading exhortation and doctrine although he bee no man of occupation this I say is agreeable and consonant to the government of the Church practised by
Seniour or Deacon Therefore much lesse shall every Parish be burdened to find a company of Seniours c Where the Admonitor complaineth that many parishes are not Tolerable and intolerable Ministers able to finde one tolerable Minister we would gladly learne by what brand tolerable Ministers are knowne from intolerable Ministers according as the Lords spirituall judge or judge not of tolerable and untolerable Ministers For if all reading Ministers as needes with them they must bee or else why doe they tolerate them bee tolerable Ministers what a vaine and idle distinction hath hee coyned touching the scarcitie of maintenance for tolerable Ministers Considering all Ministers by intendment of law bee able to reade and considering also a very small maintenance is esteemed to bee a tolerable maintenance for reading Ministers For else why doe the great Bishops in their great Churches of Commendams and the rich Doctors in their rich Churches of non residencies make so small allowances to their reading and stipendarie Curates And where then is that parish in England that is not able to maintaine a tolerable Minister ADMONITION The next Argument that the people might not choose their Pastours Pag. 78. Elders and Deacons as is required is drawne partly from a feare that the same will be a matter of schisme discord and dâ—ssenâ—ion in many places partly from affection and want of right judgement of the people partly from the unrulinesse of the Parishes and partly from the broyle and trouble which may follow ASSERTION Vnto this objection if I should answer nothing at all but only should The objection of feare c. answered deny that any feare or any other inconvenience at all pretended in this place is to be feared to ensue my simple negation were more to be tolerated than his simple affirmation for by the canon Law non inficienti sed ponenti incumbit onus probandi And yet because Doct. in â—si cui de prebâ—â—â— the Lord hath spoken unto Iosua and in him unto us all that wee should not feare nor be discouraged to observe and to doe all that is written in the law for then sâ—ith the Lord shalt thou make thy way prosperous and then shalt thou have good successe therefore in the word of the Lord I say that none of all this feare broyle trouble or turmoyle is to be feared at all Nay that it is most assuredly and without all doubt to be hoped and looked for that he would so blesse the attempt of putting this order in execution as that the peoples approbation and allowance of their Ministers should be a matter of all peace quietnesse unitie concord good successe and prosperitie to the whole Church of God in England For what an heathenish incredulitie were it for us to reply upon the erroneous conceit of a timorous and suspicious fancy that feare and I wot not what unrulinesse and unquietnesse shall follow when wee receiving the lawes of peace from the Prince of peace have his most stable truth that his peace shall rest upon us and that all feare and evill successe shall cease and vanish away No busie headed body therefore shall be able to leade any man away to disquiet either Church or common wealth otherwise than as the Church in all ages by the malice of Satan and his instruments hath evermore beene disquieted if once the holy law of the Gospell touching this point were observed and put in ure And if it be feared that the choice to be made by the people of God and which is allowed unto them by the holy laws of God would prove to be a matter of schisme discord and dissention how much more reason have we to feare that the fiâ—e of schisme discord and dissention being blowen already should not breake out and fame among us if still one man alone be suffered to thrust upon the people of God not tolerable Ministers according to Gods heart but intolerable Ministers according to mans tradition The Admonitor hath insinuated unto us often in his Admonition that it is dangerous to innovate And so I say too unlesse there be evident â—â—de constitu prim L. 2. utilitie of innovation For saith the Emperour in rebus novis constituendis evidens esse utilitas debet ut ab eo jure recedatur quod diu aequum visum est But is it not as perillous yea sometimes much more perillous not to innovate for proof whereof it shall suffice to take witnesse of our owne times and of our owne experiences It seemed equall a long time and for many yeares that the Sacrifice of the Masse with all the pelf and trumperie thereof should not once be Dangerous to innovate unlesse ther be evident utilitiâ— of innovation spoken against But we all know that the abandoning thereof hath not yet brought any perillous subversion upon any nation that purely and soundly in place thereof hath embraced the holy sacrament of the Lords Supper It seemeth also to be equall for many ages past that the Bishop of Rome might have supreme and absolute power over all persons states and causes not onely in Rome Italy Spaine Germany and other forraigne kingdomes but also in England and Scotland But as yet to the view of all the world it hath not proved perillous for the King and Queene of England and Scotland to establish new laws for the alteration of that ancient abuse And why hath it not been dangerous so to do Why forsooth because there was evident utility in doing of it But how could an evident utilitie appeare before it was done How Forsooth because the holy law of God had warranted an alteration For faith having eyes to see the wisedome the power and the truth of God in his word discerned a far off that the institution of the Lords Supper was long before the sacrifice of the masse And therefore our Kings by abandoning poperie out of the Realme did not institute any new religion but onely they restored the old Now then if a same holy law of God do condemn the choice and thrusting of the pastour upon the people by one man alone and again it the same Law doe impugne the primacie of one pastour over all Pastours as well in a Diocesse or Province as in the whole West part of Christendome what danger can it be not to disfranchise the one sithence without any manner of danger we have abolished the other or what perill can it be not to countenance the sonnes sithence without perill we have discountenanced the father Especially seeing in this place of the admonition wee have a plaine confession that the common manner of election of Pastors Elders and Deacons in the old Churches was made by the people For if the examples of schism discord and contention did commonly appeare in the old Churches while that manner of election did continue then by his owne mouth Common manner of elections in the old churches was by the people that manner of election
and contained in the Scriptures that infants must bee baptized neither is it expressed and contained in the Scriptures that the bishop of Lichfield must have but one wife Yet because it is contained in the Scriptures that God in the beginning brought but one woman unto one man and gave to one woman but one husband I assure my selfe it will not be denyed but that the bishop must and doth content himselfe with one wife and that every Christian ought to bring their children to be baptized Besides if Master Bilson distinguisheth bishops in England from pastours in England and Archbishops in England and Pastors in England two severall orders and degrees of Ministers in the Church of England then I grant that it is neither expressed nor contained in the Scriptures that the people must choose their bishops in England And why but because the Scriptures having put no difference betweene bishops and pastours know no such bishops as we have in England And therefore bishops Bishops in England are only Bb. by the Kings grace and not by divine institution in England being bishops only by the Kings grace and not by divine institution and ordination as pastours in England be hence is it that the Kings of England by their prerogative Royall and not the people by the rule of Scriptures have chosen their bishops in England And for this cause also was it that K. Hen. 8. with advice of the Parliament did resume the nomination appointment investiture and confirmation of his Kingly bishops from the pope As for the nomination of pastours having cure of soules in parishes otherwise than all patrons by right of patronage doe give presentments their choise institution translation oâ— deprivation the Kings of England by their Pastours in parochiall Churches were never placed by the King as Bb. are in their Bishopricks regall power never yet hetherto tooke the same upon them And if the Kings of England by any fact or by any law did never take away the right interest and freedome from the people in choosing their pastours what right other than by usurpation can the bishops have to impose or thrust upon the people pastours without their liking But by custome and consent the people have restrained themselves Hereunto if it were not alreadie sufficiently answered that the people could not lawfully restraine themselves yet Master Bilson himselfe answereth That the late bishops of Rome never left cursing The people lost their consent by cursing and fighting of the Popes and fighting till they had excluded both prince and people and reduced the election wholly to the Clergie By cursing and fighting then have the people beene overruled and excluded and not by custome or consent have they restrained themselves Yea and by vertue of this cursed fight only doe the Bishops of England at this day exclude both Prince and people from medling in the choise of pastours For by authoritie of the canon law made by those late cursing and fighting Bishops of Rome the bishops of England have the sole ordination and placing of pastours over the people And from hence also it is plaine that the peoples right was not by their default or abuse relinquished and forfeited For then the late Bishops of Rome needed not to have cursed and fought for it And now whether it be not meet that the Lord Bishops professing themselves to be Christian bishops should still retaine in their hands and not restore unto Christian people the possession of their Christian equitie and freedome extoâ—ted from them by the cursings and fightings of antichristian Bishops I leave it to the consideration of the reverend bishops themselves Touching the mischiefes and inconveniences of schismes troubles strifes and contentions so often inculcated and so much urged and excepted against the election of the people there is no man able as I thinke to produce any one pregnant proofe out of any ancient or late historie that any king or Soveraigne power hath interposed any supreme authoritie to appease any discord or dissention ensuing or raised upon the bare choise made of any meere parochiall pastour by any faithfull and christian people The schismes strifes and factions that were raised in the old churches sprang out and slowed onely Schismes and contentions spring from schismaticall and proud clergie masters from the heads and fountaines of those schismes strifes and factions and namely from proud ambitious and hereticall bishops and great clergie masters For they being infected and poisoned with the contagion of schisme and heresie and having sowred the mindes of their Disciples with the leaven of their hereticall doctrines no marvaile if the people became followers of the evill manners of their teachers and no marvaile if they verified the proverbe Like master like man like Priest like people Eustatius Bishop of Antioch being a Sabellian heretike was deposed by the Councell of Antioch after whose deposition a fierie flame of sedition was kindled in Antioch Socr. 1. c. â—â— because one sort of the common people sought to translate Eusebius Pamphilus from Caesarea to Antioch some other would bring againe Eustatius Eusebius bishop of Nicomedia and Theognis bishop of Nice being both Arians with their confederates raised skirmishes and tumults against Athanasius after the death of Alexander bishop Socr. l. 2. c. 2 of Constantinople about the election of a bishop there was greater stirre than ever before time and the Church was more grievously turmoyled The people were devided into two parts the one egerly set with the heresie of Arius clave to Macedonius the other cleaved very constantly to the decrees of the Nieene Councell and choose Socr. l. 2. c. 4 Paulus to be their Bishop The cause of division among the Citizens of Emisa about the election of Eusebius Emisenus was for that he was charged with the studie of the Mathematickes and accused of Socr. l. 2. c. 6 the heresie of Sabellius After the death of Eusebius when the people of Constantinople had brought againe Paulus to be their bishop the Arians chose Macedonius The authors and chiefe doers in that stirre were certaine Arian bishops who before aided Eusebius that turned up side downe the whole state of the Church These Socr. l. c. 9 and sundry such like sturres discords factions and dissentions are found to have beene raised and pursued by schismaticall and hereticall bishops their favourites and followers in the old Churches but that these or the like mischieves and inconveniences can be proved to have fallen out by the election of Parochiall pastours in the old Churches we deny And why then should not the interest and freedome of faithfull and Christian people wrested from them by cursings and fightings of faithlesse and antichristian Popes be restored to them againe And the cause ceasing why should not the effect likewise cease And therefore we humbly intreat the Lords bishops that against the grounds of reason and nature against Christian equitie A â—equest to the â—everend
desire by an irrevocable law according to the manner of the Medes and Persians to have it enacted That as well every procurer and labourer for a voice as also No occasion of partiall suits about election between parishioners every suitor and sollicitor for a place of Ministery be adjudged ipso facto incapable for ever of the same place For the second touching partiall suits to arise betweene the Parishioners about the election of their Pastor these suits for ought I yet conceive wherin I grant I may erre and conceive too little may easilier be dispatched than be once begun Parishioners ordinarily in the Countrey sue not ne molest one the other for pleasure but for profit they are not so lavish of their purses nor so careles of their thrifts as to jangle in vain when before hand they know there is no hope of gaine And indeed what advantage or what pleasure should Ancients divided against Ancients and chiefe men distracted against chiefe men in a parish about the election of a Minister reape by such â— division and distraction Besides by our daily experience we have learned that very rarely or not at all about elections made by the people of any Officers either in the Countrey or in Cities and Townes any variance or partiall suites have beene stirred betweene the electors For though some times perhaps they varie in their judgements one from another yet rest they more wise and provident than to impaire their owne estate to advance an other mans reputation And if in former times there have no occasion of partiall suites touching publike officers in the common weale fallen out betweene the people when out of a multitude they have chosen one much lesse can there be any occasion of No partiall suites can be among parishioners when one only is propounded to bee chosen by them partiall suites if only there remaine but one to bee chosen to bee a Church officer For if all the ancients agree to choose that one then is all the suit about him ended and if the greater part disagree yet this their disagreement can bee no occasion to breed and nourish suit and contention And why first because no other cause by the greater part ought to be alledged to withdraw their consent but only such a cause as the law should precisely allow in the same case to bee a just cause Secondly because this just cause before the day of election ought to be made knowne unto the Magistrate and by him to be approved so that if the greater part upon the day of election shall dissent not having before hand alleaged and provided a just cause of their dislike the voices of the lesser part as being supposed the better part shall prevaile confirm and make good the election Oh! here is much said my Lords spoken of a choice and election to be made by the Ministers and people by proofes to bee made before the Magistrate but here is not any one word spoken or any mention made of the Patron of the Bishop or of the Archdeacon of presentation institution or induction And what an alteration and innovation would that be and what a dangerous attempt were it to alter lawes setled and that Patrons should bee curbed and that Bishops and Archdeacons should not meddle in these â—usinesses any more Well then to wipe away as much as in me lyeth this cavillous reproach and obloquie from the servants of God who are challenged to be new fangled giddie headed and fanaticall spirits strange innovators and desirers of perillous alterations to wipe away I say this slander If it may please the King with his Princely wisedome to confirme the forme of policie now in use and practice touching ordinations presentations The forme of Church policie now in practice by the Bishops and the platforme of Church policie desired to bee planted by pastours compared together institutions and inductions by Bishops Patrons and Archdeacons with the manner of that platforme of Discipline concerning the substance of these things which is propounded And if the propounders preferre but the commandement of God before the traditions of men but the Kings Crowne before the Bishops Myters but a feast of fat things yea of fat things full of marrow before leane spits and emptie platters but a feast of wines yea of wines fined and purified before sower and untoothsome whey I hope his Majestie will graciously vouchsafe so to protect the propounders being his faithfull loving and obedient subjects as that hereafter they shall not bee charged with any more so unjust and scandalous imputations The practice and policie then now in use is after this and this manner The Bishop oftentimes at his pleasure beside the law nay rather Inconveniences of bishoply ordination are these pestering of the churches with unlearned ministers Vnlawfuâ—l gaine for â—etters or orders the breach of many good lawes against the expresse letter of the Law and publike Canons of the Church not only ordaineth Ministers alone without assistants of such number of Ministers as is required but he also ordaineth them for the most part when there is no place of Ministration void Now the buds which to the griefe of many godly men and to the obloquie of the Professors of the Gospell have sprung from this manner of ordination have beene these viz. The publike breach of many good lawes the pestering of the Church with multitude of unable Ministers together with much unlawfull gaine by immeasurable exaction of money for letters of orders For it cannot be denyed but the Bishops Secretary Gentleman-usher grome of his chamber Butler Pantler Porter and other the Bishops menials besides his owne and his Registers fees and his Clerke for expedition doe usually all or most of them challenge and receive fees some more some lesse before the poore Minister with his box of orders can bee suffered to passe by the porters lodge these are the fruites of the Bishops Suits betweene the patron and the â—ishop sole ordination The suites which have growen and daily do grow by the Patrons presentation to the Bishops have been and are these Sometime contention and suite in law betweene the Patron and Bishop for disallowing the Patrons Clerke for non-abilitie or as being criminous Sometimes if two Patrons pretend right of patronage Suits betweene Clerke and Clerk if one of their Clerkes be instituted and the other rejected as necessarily it must come to passe for one wife can have but one husband then followeth suit at law betweene the Clerk refused and the Clerke admitted wherein also the Bishop is made a partie by a writ of quare impedit sometime suit falleth out betweene the Clerke presented and the Bishops when the Clerke calleth the Bishops Suites between the Bishop and the Clerke by a double quarrell before the Archbishop for not granting institution and sometime also likewise debate is moved and law attempted between the Clerke instituted and the Archdeacon who Suites between the
company of him so excommunicated And for that cause also should excommunicate them as is here supposed lawfull to bee done were it not a cleare case that the body of that Church must now bee taken to consist only in the person of the Ordinarie and one member to become the whole body For if all under his jurisdiction were once excommunicated how could then any be in communion with him And if they all were once excommunicated must not the Ordinarie then alone be the common union and so make a communitie And what a deformed kind of excommunication then is that kinde of excommunication whereby it may fall out that to be one is to be many and that to be a Church a companie a societie and a fellowship is to be one of which nature and of which kind that manner of excommunication which by Pastours and Elders is to bee executed cannot be as hath already beene proved If then excommunication now used bee a deformed kind of discipline and therefore as we say to be no more tolerated and if excommunication by Pastours and Elders be a kinde of discipline for the inconvenience thereof as he saith not to be planted what manner of discipline by excommunication The Admonitor would have no excommunication at all would he have in these dayes trow we would hee have none at all verily I suppose none at all For so doe his words plainly insinuate by two reasons following First saith he the loosenesse of these dayes require discipline of sharper lawes by punishment of bodie and danger of goods which they do and will more feare than they will excommunication Secondly wee have saith he a good manner of discipline by the Ecclesiasticall commission which doth much good and would do more if it were more common But why did he not speake plainly and why did hee not affirme devoutly that discipline by excommunication was good where the Church was in persecution and that it is not necessarie nor so convenient under a Christian Magistrate as it may be otherwise For if Pastors and Elders were appointed joynt officers only for times of persecution and not to be under Christian Princes it followeth these joynt officers ceasing that all accessories appendices and consequences of their joynt offices must also cease unlesse it can be proved out of the holy Scriptures that the offices of Pastours ought still to continue and that the Offices of Elders ought not to continue because the offices of Elders with all their appendices have beene translated by our Saviour Christ unto Archbishops Bishops Archdeacons their Chancellours Commissaries and Officials For unlesse these Officers be Christs Officers the discipline which they use cannot bind the consciences of the people of God And for this cause is it very probable that he so commendeth discipline of sharper lawes and discipline by the Ecclesiasticall commission For if these officers by their discipline have not to do with the consciences of men then is it no marvaile that men feare not their discipline And therefore if they will be still officers it is requisite that they call for such a discipline as might cause men to stand in awe of their authoritie But were they indeed the officers of God and had they indeed the authoritie from God to execute discipline by excommunication as Pastours and Elders did in the Primitive Church then were the loosenesse of this age never so great yet that the children of God in England would more fear the losse of goods lands bodies or lives than the censure of Gods officers is one of the Admonitors paradoxes And here I appeale the consciences of all the reverend Bishops and Prelates in the land and let them answer me hardly if they judge themselves to bee the children of God and had seven times seven thousand lives whether they had not rather seven thousand times be committed to the Goaler of Winchester than once be delivered over to the Goaler of Hell And are not all the children of God in England their brethren And are they not all led by one and the selfe same spirit And how then can they lesse feare excommunication which is a deliverie of the soule to Sathan than the punishment of body and danger of goods And yet touching this point of Excommunication hee seemeth to be against himselfe for in the 137. page he telleth us that happily it may be a fault yea and a great fault that is found with the bishops in these dayes that they doe not excommunicate the Prince and Rulers and so constraine them to doe that which by perswasion they will not doe If then excommunication bee so terrible to Princes and Rulers how should it be of so light account with subjects And if it be so powerfull as it can constraine Princes and Rulers to doe their duties how much more fearefull would it bee to compell inferiours and men of low estate to live soberly in their vocations I will not here debate the matter touching rhe excommunication of Princes and Rulers much lesse touching the excommunication of the Prince and Rulers of our land But I would gladly be informed what they were or who they be that found great fault with the Bishops in these dayes for not endeavouring to excommunicate the Prince and Governours The Papists they thinke it sufficient that the Prince and Governours be excommunicated by the Pope and his Clergie The Ministers and people professing the Gospell and seeking for reformation of excommunication deny the Bishops to have any divine power granted by the Word of God to excommunicate a private man much lesse doe they thinke it lawfull for them to excommunicate the Prince and Rulers Who then I say find fault with the Bishopâ— that they do not excommunicate the Prince and Governours and so constraine them to do that which by perswasion they will not doe For my part I cannot ghesse whom he should meane unlesse he meant to give us to understand that some Prelatists have consulted about the excommunicating both Prince and Governors for not making sharper Lawes against such as whom the Prelates and their favourites have falsly slandered to be pestilent fellowes movers of sedition enemies to Caesar troublers and subverters of the state Act. 24. 5. Act. 1. 16. 20. 17. 6. Puritans and I wot not what chiefe maintainers of the sect of the disciplinarians unlesse I say he should mind some such Prelatists I can not ghesse any subjects within the land to bee so undutifull as to find fault with the Bishops for not attempting to bring our Late Soveraigne Lady the Queene deceased to their excommunication And therefore to enforme the people of an Author and not to bring him forth it argueth and breadeth great suspicion that Excommunication toucheth them onely which make profession to be of the Church the enformer was the Author himselfe Touching the loosenesse of some or of all in these dayes that are without the Church if hee intend that they require Discipline of sharper
Lawes by punishment of body and losse of goods than excommunication and that they will more feare that manner of punishment I hold and affirme therein as he holdeth and affirmeth and yet I say that to the matter in question hee hath fitted no other answer than as if hee had answered a poke full of plummes or a Buchet full of Peares for the controversie is not concerning those that are without but concerning those that are within not touching those that are not of the house-hold but touching them that are of the house-hold of faith and of God As for the first sort of which people the Reverend Bishops with good leave may procure what sharp punishment they can devise for by the Church excommunicated they should never bee For how should any be thrust from the communion of the Church who never were in the communion with the Church But it is to bee feared that this sharpnesse of punishment is not urged so much to be inflicted upon them that are without as upon them that are within the bosome of the Church For though such as bee without did a long time scorne and set naught by the sword of excommunication which was not onely drawne out by the Chancelours Commissaries and Officials for every crust of bread and for every piece of Bacon but also which was againe put up for every cracked grote and for every IRISH harper the Reverend Bishops whose freehold by such contempt was not touched were pacified and contented themselves well enough by inflcting and releasing that manner of punishment but now for so much as they perceive the Children within the Church to begin seriously and religiously to stand against the use of Lordly and humane censures for the Crown and Scepter of our Saviour Christ and that the statelinesse of Prelacy must be taken one hole lower if the simplicity of the holy ministery bee exalted a degree higher they pretend Discipline by excommunication which is the sword of the Son and heire of God to be too bluntly pointed and too badly edged to foyne or to strike withall Touching that very good manner of Discipline by the Ecclesiasticall commission which hee saith hath done and doth daily much good and would doe more if it were more common the people whom hee admonisheth have just cause of being desirous to understand what manner of Discipline it is which is so highly commended Not one manner of Discipline used by the Ecclesiasticall Commissioners For all men know that the Ecclesiasticall Commissioners use not in all places and at all times one and the selfe same manner of Discipline For the same Commissioners for the same kind of offences sometimes suspend sometimes deprive sometimes degrade sometimes excommunicate sometimes fine sometimes imprâ—son sometimes command this penance and sometimes that Nay sometimes having convented before them grave Learned and godly Ministers for crimes supposed to be Ecclesiasticall and for the same pretensed Ecclesiasticall offences having detained them some yeares in durance This Discipline was practised against Master Cart-Wright Fenner Whight L. Snape and others for refusall of the oath ex officio in the end not having any other supposed just cause of inflicting any punishment upon them by Ecclesiasticall authority have been forced for a shew to maintaine their own credits to cause accusations to be framed against them by the Queenes Atturney in the High Court of Star Chamber as against violators of the dignities of the Royall Crowne whose innocencies by the very witnesses produced by their meanes on the behalfe of the Queene have notwithstanding beene fully cleared from the faults objected and the Ministers discharged without any ordinary Ecclesiasticall Discipline used by the high Commissioners against M. Vdall punishment usually inflicted by that Court upon malefactors Nay further when the Ecclesiasticall Commissioners had committed Master Vdall to prison where he remained halfe a yeare for refusall of the oath ex officio touching his knowledge of the Author of a Book entituled The Demonstration in the end he was delivered over as a fel on for making of the same booke and for the which he was arraigned and convicted and so died in prison notwithstanding our Soveraigne Lord King Iames then King of Scotland had Gratiously written for his deliverance And how then would the Admonitor have the people contented with such a moderation of Ecclesiasticall discipline as the Ecclesiasticall Commissioners maâ—y times use For did he thinke that every manner of discipline used by the High Commissioners can not bee but a very good An oath tendered by the Ecclesiasticall Commission unto M. V. dall in case of Fellony moderatâ—on Why then let some of the Commissioners tell the people whether the Ecclesiasticall Commissioners used a very good moderation and manner of Discipline Ecclesiasticall against the same Master Vdall when they tendered unto him a corporall oath to have appeached himselfe upon a matter which was adjudged to be Felony or let them declare what a very good manner of discipline Ecclesiasticall certaine Ecclesiasticall Commissioners used when having a Gentleman before them wearing long haire they constrained the same Gentleman by force and strong hand to have his head notted in their presence The wearing of long haire by our Lawes being not reputed an Ecclesiasticall crime no although the same be worne by attendants upon the Reverend Bishops waiting on their Trenchers Or let them signifie unto us what a good manner of discipline and moderation it was for a Bishop and his associates to make an act in the High Commission Court repugnant to the Institution of our Saviour Christ and contrary to the order The Minister authorized to put sacramental bread into the mouth of a Communicant appointed by the Book of Common Prayer that the Minister should put the Sacramentall bread inro the mouth of a superstitious communicant and not deliver it into his haâ—ds After our hearty commendations saith the Bishop and his associates whereas I. V. one of your charge hath beene often convented before us Her Majesties Commissioners in causes Ecclesiasticall for not receiving the holy Communion it seemeth unto us that he hath not of any contemptuous minde refrained fâ—om the same but is willing to receive it and so hath bound himselfe saving that hee hath a scruple in his minde by reason of a fond vow or promise hee made long agoe whereof he is sorry never to receive the Sacrament into his hand but to put it into his mouth by the Minister And therefore wee pray you to beare a time with his weakenesse and permit him to receive it in that sort untill by your good counsell and perswasion he may be reduced from that fond scruple And so we bid you heartily farewell Your loving friends c. And seeing the Admonitor hath opposed a very good manner of Discipline by the Ecclesiasticall commission against excommunication it seemeth that excommunication in his judgement is no Master Excommunicated by the High Commissioners most
wherof were lay men good or moderate discipline to be used by the Ecclesiasticall Commissioners And then were it fit that the people were resolved what a very good manner of Discipline Master D. W. and other Ecclesiasticall Commissioners used against Master E. whom by vertue of the Ecclesiasticall commission they excommunicated The tenor of which excommunication taken out of the Register at L. followeth In Dei nomine Amen Nos I. W. Sacrae Theologiae Doctor c. Cancellarius ecclesiae c. M. A. M. Armigeri M. H. civis civitatis c. Commissarij rite legitime procedentes I. E. de B. L. Dioceses ad hos diem locum legitime peremptorie citatum praecognizatum diuque expectatum nullo modo comparentem pronunciavimus contumacem in poenam contumaciae suae hujusmodi cum excommunicavimus in hijs scriptis Concordat cum Regio T Moreover it seemeth not an unmeet thing that some Ecclesiasticall Authority committed to Pursevants by the Ecclesiasticall commissioners If the Queen had specially commanded this search it is credible that her privy Counssellors shold have set to their hands rather than the High Commissioners Commissioners did make knowne unto the people whether banishment be an Ecclesiasticall Discipline and what moderate discipline Ecclesiasticall the Commissioners used when they banished religious Master Fullerton the Scot from dwelling at Warwicke or within certaine Miles thereof Or lâ—t them iâ—foâ—me the Realme what a very good moderation was used when by the Ecclesiasticall Commission for suppressing of Martines Books and other books of argument against the Hierarchy they authorized drunken and swearing Pursevants to search mens houses and to break up their chests c. the Copie of which their Letters is this viz. Whereas the bearer is say they by the Queenes Majesty especially appointed to make search and to apprehend certaine suspected persons according to such particular directions as he hath in that behalfe received these shall be to will and require and in her Majesties Name strairly to charge and command you and every of you to whom these shall appertaine to be by all good and possible meanes ayding and assisting to the bearer in the execution of this service by entring into all such houses as he shall think meete and hold suspected as well within liberty as without and that in them and every of them to make due and diligent search And to search all manner of writings letters papers bookes and all other things carrying note of suspicion sparing no studies chests cubbares lockes or walles as also to apprehend examine and bring before us such persons as by Her Majesties said direction therein appointed and wherein if he shall any way require your further assistance you may not faile to yeeld him the same with all diligence and dexterity according to the trust reposed in you as you will answer for your default for the contrary at your uttermost perill Directed unto all Mayors Sheriffes Justices of Peace and quorum Baylifes Constables Hedboroughes Tything-men and to all other Her Majesties Officers and Subjects c. But be it that all these manners of Disciplines were moderate and good Ecclesiasticall Disciplines and more to be used yet there may a scruple remaine which were fit to be discussed what a very good moderation and manner of Discipline within our remembrances was used betweene an Archbishop and a Bishop both high Commissioners against certaine Gentlemen and one of their Wives about these Articles following Articles objected by her Majesties High Commissioners for causes Ecclesiasticall against G. B. of B. and F. B. of B in the Countie of L. IN primis VVe object unto you G. B. and L. your wife that you have within these seven yeares and so at this present doe keepe company and use conference with diverse persons disobedient to her Majesties lawes and such as be suspected to resort and frequent unlawfull Conventicles Item wee object unto you to the end you might the better insinuate your selves into their companies you Quere whether this convention were lawfull for this cause Quere against what law this entertainment was and whether the Bishop of L. conversing with Popish Priests and traytors did not more offend have tabled and boorded vvith the same parties and that you or one of you have beene heretofore convented for the causes aforesaid before the novv Lord Archbishop his grace for entertaining into your house a person which stood then and yet standed suspended and deprived for disliking the Booke of Common Prayer and other godly orders established by Her Majesties authority in this Realme Item VVee object unto you the said G. B. and L. your Wife that you have not frequented divine service celebrated vvithin your Parish Church of Bothese vi 5. 4. 3. 2. or one yeares last nor doe not at this present at least every Sunday nor have received the holy Communion within your said Parish Church during the said yeares Item that you the said G. B. and L. your Wife vvithin the time aforesaid have not Christened nor baptized Quere whether the Bishop did not more offend the law of God by preferring these artioles than the Gentleman did by procuring his children to be Baptised by a preaching Minister having none at home your Children vvithin your Parish Church but contrary to the forme and order of Her Majesties Lavves in that case provided have either christened them at home privately in your ovvn house or have carried or caused them to bee carried to other Churches And let them declare what Church and vvhat Minister did baptise them and where and vvhether the same Minister did at the same baptisme signe the child vvith the signe of the Crosse and let them declare the cause vvhy they did baptize their children out of the Parish Item that the Ministers pevv or seate in the Church of B. aforesaid by the direction of the L. Reverend Father Note that the bishop of L. was not bishop of the Diocesse in God the Bishop of London that novv is being at the same Church as also by the consent of the Minister and Church-Wardens there vvas placed in a very convenient place of the Church to the end the Parishioners there might the better heare and understand the Minister at the time of reading the divine service Item We object unto you that you the said F. B. vvithin these vi or 3. moneths last past have vvithout any sufficient vvarrant or commandement from the Father in God the Lord Bishop of London or his Clancelour or other having authority therein very disorderly and contemptuously removed the same seat to the great offence of the Parishioners and bad example of others Item We object unto you that you knovv beleeve or have heard say that Za. G. is a Preacher of the VVord of God and a man of good life and conversation and lawfull Parson of B. aforesaid Item VVe object unto you that the premisses notwithstanding you the said F.
B upon a Sunday within a quarter of a yeare last past vvhen the Parishioners of B. vvere assembled together at the said Church to heare Divine Service caused diverse serving men and others to sit in the Pevv or place vvhich properly belonged to the Parson of the said Church so that vvhen the said M. G. came to take his place they thrust him and very disorderly in the time of Prayer kept him out of the said place Item VVe object unto you F. B. that about six yeares past you the said F. brought into the town of B. a bastard child as it is credibly thought of your ovvne and there placed it at nurse and have lately received it into your own house to the great offence of the inhabitants there and the bad example of others Et obijcimus cum duobus de quolibet Subscribed c. Whereunto in the foote of these Articles was added Master B. I pray you let this matter be followed ex officio and the parties presently to be sent for by warrant Subscribed c. Now these Gentlemen according to the Bishops direction being presently sent for by a Pursevant to answer the Articles objected they forthwith make their repaire to the Archbishop with a Copie of the Articles with whom they finde such grace as in their behâ—lfe immediately hee writeth to the Bishop as followeth SAlutem in Christo My very good Lord I have by meanes received these Articles enclosed signed by your Lordships hand and can not but greatly marveile that contrary to the orders of the Commission Court subscribed by your selfe and the rest of the Commissioners Note that the signe of Crosse in Baptisme by an Archbishops opinion is but of small moment and that suspition of bastardy may easily bee dismissed Note that the 17. of October was the Sabath day at what time Arch D. C and D. B. sitting as Commissioners the Arch. took pen inke and crossed the Articles all overthwart and so sent them backe with his Letter you would cause a Gentleman of such a qualitie as Master B. is to be sent for by a Pursevant before the ordinary processe of a Letter missive were served upon him especially for matters of so small moment Neither will it be thought to proceed of any just cause but rather of some other misconceite when it shall be understood that there is a controversie in Law elsewhere depending betweene him and a kinsman of yours And therefore for the avoyding of his further complaint and other offence that may grow thereby I heartily pray your Lordship to suppresse the same and proceed no further therein Desiring you withall to have due consideration of the cause lest I be enforced to deale likewise in the defence of my kinsman as you doe for yours And so praying your Lordship to returne unto me answer hereunto and what you meane to doe with my very hearty commendations I commit you to the tuition of Almighty God From c. the 17. of October c. Subscribed c. Vnto which Letter also was added as followeth Master B. I pray you according to the tener of this Letter to see that this cause of M. G. and F. B. be dismissed from thence and if any be bound to prosecute the cause against them let them understand that I meane to heare it at c. otherwise let it wholly be dismissed and the bands delivered The Bishops Answer to the Archbishops former Letters MAy it please your Grace to understand that I was the more willingly drawne to send for M. B. in that sort because he was oft and of long time accused not onely to be a disordered man himselfe but also a great and open maintainer and carier from place to place of that wrangling Puritan VV. And as it is to bee proved a refrainer from his Church and from the Communion as I am enformed And therefore if wee have omitted any circumstance or ceremonie it is in zeale of the redresse of such a disorderly person Which if it should bee found in your owne brother I thinke your grace would not spare him Neverthelesse if you your selfe take it in hand to his redresse I for my part shall bee intreated so that the man bee amended who hath caried himselfe cutragiously both in that and other things And so referring the whole matter to your graces discretion I take my leave praying God to blesse us in the peace of the Church From c. the 17. of October c. Your Graces most assured in Christ c. Whatsoever speciall cause might move these two great Prelates to stand either of them for the defence of his kinsman is not a thing materiall to this Treatise But this honestly enough may bee averred that it is no very good nor moderate kinde of ecclesiasticall discipline either for the Archbishop and his associates in regard of his kinsman presented to a benefice by the Gentleman to cancell the articles of his colleague and fellow commissioners or for the Bishops upon a splene taken against the Gentleman for standing upon the right of his patronage against his kinsman to violate the publike orders of the high commissioners whereunto he himselfe had subscribed Many other formes of ecclesiasticall discipline of late yeares have beene used by the high commissioners But whether they were all very good and moderate disciplines or no is greatly doubted by many wise learned and godly men And namely it is doubted whether such ecclesiasticall commissioners as by letters patents under the great Seale of England were authorised from the Queen to exercise use occupie and execute all manner of jurisdiction priviledges and preeminences concerning any spirituall or Ecclesiasticall jurisdiction be able to prove unto the Realme that they had lawfull power and authoritie by the statute of 1 Eliz. c. 1 or by the Queenes letters patents made according to the true intent of that statute or by any other law or statute of the Realme to depute and substitute any other person under them to use exercise and execute any part of that jurisdiction ecclesiasticall which by vertue of that statute and letters patents was committed only to their fidelities and discretions And whether it were a very good manner of ecclesiasticall discipline which was used exercised and executed either by the person so deputed or by the Commissioners themselves upon any processe or proceedings made by the said person substituted Againe it is doubted whether it were a good manner of Ecclesiasticall discipline for the high Commissioners to command the Magistrates Ecclesiasticall diâ—cipline against theâ—â— Magistrates of Banbury of the towne of Banburie at the suit of certaine popish companions to reset up a Crosse which by vertue of the Queenes injunctions they had peaceably and lawfully pulled down It is also doubted whether it were a very good manner of Ecclesiasticall discipline for the high Commissioners to detaine Master More one yeare or two in prison depriving him also from his living for
Cecill TO the end I may enforme your Lordship of my dealing in this Parliament-time against the undue claimed superiority of the Bishops over their inferior brethren Thus it was Because I was in the Parliament time in the 25. yeare of King Henry the eight In which time First all the Clergie aswell Bishops as others made an humble submission to King Henry the Eighth acknowledging his Supremacie and detesting the usurpation of the Bishops of Romes authoritie Vpon which submssion of the Clergie the King gave unto the said Bishops the same ample rule that before they had under the Pope over their inferiour brethren saving that the same rule was abridged by stature by this parenthesis following that is to say without offending the prerogative Royall of the Crowne of England and the lawes and customes of the Realme In the later end of the Statute it was added that whosoever offendeth in any one part of that statute and their Aydors Counsellors and Abbettors they did all fall into the penalty of the premunire And after I had recited this statute in the Parliament house I declared that in King Henry the Eight dayes after this There was no Bishop that did practise superio rity over their inferior brethren And in King Edwards dayes the said Bishops obtained a statute whereby they were authorized to keepe their Courts in the Kings name the which statute was repealed in Queene Maries dayes and was not received in her Majesties time that now is whereupon it was doubtfull to me by what authority the Bishops do keepe their Courts now in their owne names because it is against the Prerogative Royall of the Crowne of England that any should keepe a Court without sufficient warrant from the Crowne Whereupon I was answered that the Bishops doe keepe their Courts now by prescriptions and it is true that the Bishop may prescribe that King Henry the 8. gave them authority by the statute of 25. of his raigne to have authority and rule over their inferior brethren as ample as they had in the Popes time But this was no speciall warrant for them to keepe their Courts by and that in their owne names And yet they have none other warrant to keep their Courts as they doe now in their owne names to my knowledge And this was the cause that made them obtaine a statute in King Edwards dayes to keepe their Courts by in the Kings name Now it is a strange allegation that the Bishops should claime authority at this present to keep their Courts in their own names as they do by prescription because the statute of 25. doth restraine them generally from offending of the Prerogative Royall of the Crowne of England and the Lawes and customes of the Realme And no man may justly keepe a Court without a speciall warrant from the Crowne of England as is aforesaid And the generall liberty given by King H. the 8. to the Bishops to rule and governe as they did in the Popes time is no sufficient warrant to the Bishops to keep their owne Courts in their own names by prescription as I take it And therefore the Bishops had done wisely if they had sought a warrant by statute to keepe their Courts in the Queenes name as the Bb. did in K. Edwards dayes In which time Arch. Cranmer did cause Peter Martir and Bucer to come over into this Realme to be placed in the two Vniversities for the better instruction of the Vniversities in the word of God And B. Cranmer did humbly prefer these learned men without any challenge to himselfe of any superior rule in this behalfe over his inferiour brethren And the time hath bin that no man could carry away any grant from the Crowne of England by generall words but that hee must have speciall words to carry the same by Therefore how the B. are warranted to carry away the keeping of their Courts in their owne names by prescription it passeth my understanding Moreover where as your Lordship said unto mee that the Bishops have forsaken their claime of superiority over their inferior brethren lately to bee by Gods ordinance and that now they doe only claime superiority from her Majesties supreme government If this be true then is it requisite and necessary that my L. of Canterbury that now is do recant and retract his saying in his book of the great volume against Cartwright where he saith in plaine words by the name of D. Whitgift that the superiority of B. is Gods owne institution Which saying doth impugne her Majesties supreme government directly and therefore it is to bee retracted plainly and truly For Christ plainly and truly confesseth Ioh. 18. 36. That his Kingdome was not of this world And therefore he gave no worldly rule or preheminence to his Apostles but the heavenly rule which was to preach the Gospell saying Ite praedicate in omnem mundum qnicunque crediderit baptizatus fuerâ—t salvus erit qui non crediderit condemnabitur Goe and preach in all the world whosoever shall beleeve be baptized shall bee saved but he that will not beleeve shall be condemned Mark 16. 15. But the Bishops do cry out saying that Cartwright and his fellows would have no government c. So belike the B. care for no government but for worldly and forcible government over their brethren the which Christ never gave to his Disciples nor Apostles but made them subject to the rule of Princes who ought not to be resisted saving that they might answer unto Princes that they must rather obey God than men Acts 5. 29. and yet in no wise to resist the Prince but to take up the Crosse and follow Christ FINIS