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A06013 The diocesans tryall Wherein all the sinnews of D. Dovvnames Defence are brought unto three heads, and orderly dissolved. By M. Paul Baynes. Baynes, Paul, d. 1617. 1618 (1618) STC 1640; ESTC S102042 91,040 104

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a higher degree of dignitie and honour Now wee deny that ever antiquitie did take the Bishop above his Presbyters to bee in a higher order then a Presbyter further then a higher order doth signifie an order of higher dignitie and honour 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the Councell of Sardica speaketh Which is further proved becavse the fathers did not hold a Bishop to differ from a Presbyter as Presbyter from a Deacon For these differ genere proximo Noverint Diaconi se ad ministerium non ad sacerdotium vocari But a Bishop differeth from a Presbyter as from one who hath the power of Priesthood no lesse then himselfe and therefore the difference betwixt these must bee circumstantiall not so essentiall as betwixt the other Thus Bishops and Archbishops are divers orders of Bishops not that one exceedeth the other as a power of higher vertue but of higher dignitie then then the other More plainly There may be a fourefold difference in gradu 1. in potestate gradus 2. in Exercitio 3. in Dignitate 4. in amplitudine Jurisdictionis The first difference is not betweene a Bishop and a Presbyter according to the common tenent of antiquitie or the Schoole but only is maintained by such as hold the Character of a Priest and Bishop inwardlie diverse one from the other For as a Bishop differeth not in power and degree from an Archbishop Because nothing an Archbishop can doe as confirming consecrating Bishops c. but a Bishop can doe also So neither doth a Presbyter from a Bishop Obiect But the Priest cannot ordaine a Presbyter and confirme as the Bishop doth and therefore differeth potestate gradus To this I answer that these authours meane not this difference in power de fundamentali remota potestate sed ampliata immediata et iam actu horum effectuum productiva as if Presbyters had not a remote and fundamentall power to doe those things but that they haue not before they be ordained bishops their power so enlarged as to produce these effects actuallie As a boy hath the generative facultie while he is a child which he hath when he is a man but yet it is not in a child free from all impediment that it can actually beget the like But this is too much to grant For the power sacramentall in the Priest is an actuall power which hee is able to performe and execute nothing defectiue in regard of them further then they be with-held from the exercise of it For that cause which standeth in compleat actualitie to greater more noble effects hath an inferior lesser of the same kind under it also unlesse the application of the matter be intercepted Thus a presbyter he hath a sacramental power standing in ful actualitie to higher sacramental actions therfore cannot but have these inferior of confirmation and orders in his power further then they are excepted kept from bein applied to him And therfore power sacramentall cannot bee in a Presbyter as the generative facultie is in a child for this is inchoate onely and imperfect such as cannot produce that effect The power of the Priest is compleat Secondlie I say these are no sacramentall actions Thirdlie were they yet as much may bee said to prove an Archbishop a distinct order from a Bishop as to prove a Presbyter and Bishop differing in order For it is proper to him out of power to generate a Bishop other Bishops laying on hands no otherwise then Presbyters are said to doe where they ioyne with their Bishops If that rule stand not maior ad minori nor yet equalis ab equali I marvel how Bishops can beget Bishops equal yea superior to them as in cōsecrating the Lord Archbishop yet a presbyter may not ordain a presbyter It doth not stand with their Episcopall majoritie that the rule every one may give that which be hath should hold here in the exercise of their power Those who are in one order may differ jure ●…o or humane Aaron differed from the Priests not in power sacramentall for they might all offer incence and make intercession But the solumne intercession in the holy of holies God did except and appropriate to the high Priest the type of Christ Priests would haue reached to this power of intercession in the holy place or any act of like kinde but that God did not permit that this should come under them or they intermeddle in it Thus by humane law the Bishop is greater in exercise then the Priest For though God hath not excepted any thing from the one free to the other yet commonly confirmation ordination absolution by imposing hands in receiving Penitents consecrating Churches and Virgines haue been referred to the Bishop for the honour of Priesthood rather then any necessity of law as Ierome speaketh Finally in dignity those may differ many wayes who in degree are equall which is granted by our adversaries in this cause Yea they say in amplitude of jurisdiction as in which it is apparant an Archbishop exceedeth another But were it manifest that God did giue Bishops Pastorall power through their Diocesse and an Archbishop through his Province though but when he visiteth this would make one differ in order from the other as in this regard Euangelists differred from ordinary Pastors But that jurisdiction is in one more then another is not established nor hath apparencie in any Scripture To the proofes therefore I answer briefly the one may be a step to the other while they differ in degrees of dignities though essentially they are but one and the same order In this regard it may be sacriledge to reduce one from the greater to the lesser if he haue not deserved it As for that of Ierom it is most plain he did meane no further order but onely in respect of some dignities wherewith they invested their Bishop or first Presbyter as that they did mount him up in a higher seate the rest sitting lower about him and gaue him this preheminence to sit first as a Consul in the Senate and moderate the carriage of things amongst them this Celsiori gradu being nothing but his honourable 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not importing sole authoritie For by a Canon of the Councill of Laodicea we finde that the Bishop had this priviledge to sit first though Presbyters did together with him enter and sit as Iudges of equall commission For though Deacons stood Presbyters did alwaies sit in circuitu Episcopi 10 Argument If Bishops be that which Aaron and the Apostles were and Presbyters be that which the Priests and the 72 Disciples were then the one are aboue the other in preheminence and power But they are so See Ierom to Nepotian Ergo. Answer If Bishops c. and Presbyters be that which the sonnes of Aaron and the 72 were then there are different orders c. To these may be added a third That which Moses and the 70 Seniors were that are
cannot agree to a Diocesan church For these were particular congregations opposed as to that Nationall church so to all Provinciall and Diocesan Neither doth he call himselfe Bishop of Syria but as he was Bishop of the congregation in Syria as a Minister stileth himselfe a Minister of the church of England 2 Iustine and Ireneus knew no kinde of church in the world which did not assemble on the Sabboth But a Diocesan church cannot 3 Tertullian Apol. cap. 39. doth shew that all churches in his time did meet and did worship God in which prayers readings exhortations and all manner of censures were performed Hee knew no churches which had not power of censures within themselues 4 Churches are said at first to haue been Parishes Parishes with in cities in Euseb lib. 3.44 lib. 4. cap. 21. lib. 2. c. 6. l. 4. c. 25. and S. Iohn l. 3. c. 23. saith to the Bishop redde juvenem quem tibi ego Christus teste Ecclesia tua tradidimus That church in whose presence Iohn might commit his depositum or trust was but one congregation lib. 4. c. 11. Hyginus and Pius are said to haue undertaken the Ministerie of the church of Rome which church was such therefore as they might minister unto l. 7.7 Dionisius Alex. writeth to Xistus and the church which he governed A Diocesan church cannot receiue letters Before Iulian and Demetrius his time there is no mention of churches in a Bishops parish The church of Alexandria was within the citie l. 7. c. 2. Cornelius is said officium Episcopi implevisse in civitate Romae ex Cyp. l. 1. epist. 3. Cornelius Foelicissimum ex Ecclesia pepulit qui eum tamen de provincia pellere non potuit Vide Ruffinum lib. 1. c. 6. suburbicarariarum Ecclesiarum tantum curam gessit Cyprian was Pastor Paroeciae in Carthagine of the Parish in Carthage Euseb lib. 7. cap. 3. ex verbis Cipriani llb. 1. ep 4. 5 It is the rule of Scripture that a Bishop should be chosen in sight of his people Bishops were chosen long after by the people As of Rome and others by the people committed to them lib. 4. epist 1. Neighbour Bishops should come to the people over whom a Bishop was to be set and chose the Bishop in presence of the people Schismes were said to be from thence Quod Episcopo universa fraternitas non obtemperat Cipr. ep 55. tota fraternitas i. unius congregationis tota multitudo ex qua componitur Ecclesia particularis Sabino de universae fraternitatis suffragio Episcopatus fuit delatus Cipr. l. 1. ep 47.58.68 Ecclesiae igitur circuitus non fuit maior quàm ut Episcopus totam plebem suam in negotiis huiusmodi convocare potuerit Soc. lib. 7. c. 3. de Agapeto Convocavit omnem clerum populum qui erat intra illius jurisdictionem 6 The Chorepiscopi were Bishops in Villages there is no likelyhood of the other notation Their adversaries in opposing them never object that they were as Delegates or Suffragan Bishops to them 7 Bishops were wont to goe forth to confirme all the baptized through the Diocesse 8 They were neighbours and might meet a dozen sixe three in the cause of a Bishop 9 They were united sometimes in Provincial Councels in which many Bishops met twice yearely Ruffin l. 1. c. 6. Victor Vticensis reporteth in a time when they were fewest in Africa in persecution Vandalica 660 fled to saue themselues Austin saith there were innumerable orthodoxe Bishops in Africa and the Provninciall Councels doe confirme the same Now by reason it is cleare that churches were not Metropolitan or Diocesan 1 That church whose causes are wanting that church is wanting But in a Diocesan church causes are not to be found Ergo. First the efficient cause God ordeyning For none can take on him to be a minister Diocesan no place to be a place where the Assembly Diocesan should be held no people can worship God in repairing to this place and ministery without warrant of his word Ergo. The Nationall church of the Iewes Aaron and his sonnes tooke not that honour it was given them The place of the Nationall meeting God chose Hierusalem The people he precisely bound to practise some ordinances of worship no where but there and to appeare there before him Secondly the matter of a Diocesan church is people within such a circuit obliged to meet at least on solemne daies wheresoeuer the Diocesan Ministers and Ordinances of worship are exercised Pastors who haue callings to tend them and minister to them in this Diocesan meeting now assembled Finally the actuall meetings of them to such end as such more sollemne and publike meetings are ordained to are no where commanded nor in any fashon were ever by any warrant of the Word practised If any say these are not the causes of a Diocesan church but an ordinance of God binding persons within such a circuit to subject themselues to such a church and the ministerie thereof that they may be governed by them I answer First there is no ordinance of God for this that can be shewed that churches within such a circuit should be tyed to a certaine head church for goverment Nay it is false For every church by Christs institution hath power of goverment and the Synagogue had in ordinarie matters the government that the Church of Ierusalem had being all over except onely in some reserved causes Secondly I say that this will not make a Diocesan church formally so called As a Nationall church could not formally bee without binding the whole Nation to exercise ordinances of worship in the head church of it So by proportion Yea government is a thing which doth now accidere to a church constituted and doth not essentially concurre as matter or forme to constitute a church of this or that kinde Againe were this true that the Diocesan Pastors and Ministers haue onely governement committed to them then it will follow that they onely have the governing of particular churches who are not any way Pastors of them ministring Word and Sacraments to them But this is most absurd that their proper and ordinary Pastors who dispence Word and Sacraments to them should not haue potestatem pedi nothing to doe in governing those flockes which depend on them If any say they were not actu but they were virtute potentie I say it is also to make the Apostles churches imperfect and how can this be known but by a presumed intention which hath nothing to shew it but that after event of things From the effect I argue 2 Those churches which Christ did ordeine and the Apostles plant might ordinarily assemble to the ordinances of worship But a Diocesan church cannot ordinarily assemble Ergo. For when God will haue mercy and not sacrifice and the Sabboth is for man hee will not for ever ordaine a thing so unequall and impossible as is the ordinarie assembling of a Diocesan multitude If any
be avoided but that the Pastor should haue it because though everie Praesul or Praelatus be not a Pastor yet everie Pastor is Praelatus in order to that Church where he is the proper and ordinarie Pastor Yea when censure is the most sharp spirituall medicine it were ill with everie Church if he who is resident alwaies among them as their spirituall Phisition should not haue power in administring it Thirdly I say no Minister hath majoritie of power in applying the power of order or jurisdiction to this or that person In the application there is a Ministerie of the Church interposed but so that Christ onely is the cause with power not onely why Presbyters are in the Church but why Thomas or Iohn is chosen to and bestowed on this or that place A Maister onely doth out of power take everie servant into his house so God in his God did those Aarons sonns with the Levites and Christ the 70 not mediately leaving it to the arbitrement of any to set out those that should stand before him God doth ever onely in regard of authoritie applie all power Ecclesiasticall to everie particular person his sole authoritie doth it though sometime as in ordinarie callings the ministerie of others doth concurre The Church is in setting out or ordaining this or that man as the Colledge is in choosing when shee taketh the man whom the statute of her founder doth most manifestly describe or where the Kings mandate doth strictly injoyne it would otherwise bring an imperiall power into the Church For though many Kings cannot hinder but that there shall be such and such officers and places of governement as are in their Kingdom yet while they are free at their pleasure to depute this or that man to the places vacant they haue a Kingly jurisdiction in them Briefly God doth ever apply the power Ecclesiasticall unto the person sometime alone by himselfe as in the Apostles and then he doth it tam immediatione suppositi quam virtutis sometime the ministerie of man concurring extraordinarily as when God extraordinarilie directeth a person to goe and call one to this or that place as he did Samuel to annoint Saul Or else ordinarily when God doth by his Writ and Spirit guide men to take any to this or that place in his Church which he doth partly by his written statutes and partly by his Spirit and thus he doth make the application onely immedatione virtutis not suppositi Ob. But yet Bishops haue the Churches the care of them wholly committed to them though therfore Ministers haue equall power to them yet they cannot without their leaue haue any place within their Churches and therefore are inferiour in as much as the people with whom they exercise their power of order and jurisdiction are assigned to them by the Bishop the proper Pastor of them This is an errour likewise For God doth make no Minister to whom hee doth not assigne a flock which hee may attend God calleth Ministers not to a facultie of honour which doth qualifie them with power to ministeriall actions if any giue them persons among whom they may exercise their power received as the Emperours did make Chartularios judices who had a power to judge causes if any would subject himselfe to them Or as the Count Palatine hath ordinarie Iudges who are habitu tantum judices having none under them amongst whom they may exercise jurisdiction Or as the university giveth the degree of a Doctor in Physick without any patients among whom hee may practise But Gods Ministerie is the calling of a man to an actuall administration Goe teach and the power of order is nothing by the way but a relatiue respect founded in this that I am called to such an actuall administration Now there cannot be an act commanded without the subject about which it is occupied otherwise God should giue them a facultie of feeding and leaue them depending on others for sheep to feed God should make them but remote potentiall Ministers and the Bishop actuall Thirdly the Holy Ghost is said to haue set the Presbyters over their flock A man taking a steward or other servant into his house doth giue him a power of doing something to his familie and never thinketh of taking servants further then the necessitie of his houshold doth require so is it with God in his Church which is his house fore the exigency of his people so require he doth not cal any to the function of Ministerie Again this is enough to ground the authoritie which Antichrist assumeth For some make his soveraignetie to stand onely in this not that he giveth order or power of jurisdiction but that he giveth to all Pastors Bishops the moytie of sheep on whom this their power is exercised Christ having given him the care of all his sheep feed my sheep so Vasquez Thus if a Bishop challenge all the sheep in a Diocesan flock to be his that he hath power to assigne the severall flocks under him he doth usurp an Antichristian authoritie Finally if the Churches be the Bishops through the Diocesse Ministers then are under them in their Churches but as a curate is whom a Parson giveth leaue to help within his Church Yea they should loose their right in their Churches when the Bishop dyeth as a Curate doth when the Parson of this or that Church whom he assisted is once departed To conclude they are not dependant one Minister I meane on another in the exercise and use of their calling A servant that hath any place doth know from his Maister what belongeth to it The Priests and Levites had set downe what belonged to their places as well as the high Priest what belonged to his Againe God hath described the Presbyters office as amply as any other A Legate dependeth on none for instructions but on him that sendeth him now everie Minister is an Embassadour of Christ By their reason a Minister should be accountant to man for what he did in his Ministerie if his exercising of it did depend on man Then also should ministers mediatly only serue God in as much as they haue done this or that to which the Bishop did direct them Moreover should the Bishop bid him not preach at all preach rarely teach onely such and such things or come and liue from his charge he should not sin in obeying him But man cannot limit that power of ministerie which he cannot giue It is not with Gods servants in his Church as with civill servants in the Common-wealth for here some servants are aboue others whom they command as they will such as are called servi ordinarii or praepositi some are under others to doe this or that commanded by them commonly called servi vicarii but in the Church all servants serue their Maister Christ neither having any that they can command nor being under any but Christ so as to be commanded by them But it may be objected that God hath
then the Church receiving and executing it may be one A most false Proposition whose contrary is true The reason is because the Church typified by Peter is properly and really a Church not figuratiuely and improperly for then Peter should haue bene a figure or type of a type or figuratiue Church The figure therfore and type being of the Church which is properly taken and the Church properly and really taken being a company assembled hence it is that Math. 18.17 the Church cannot signifie one for one is but figuratiuely and improperly a Church There is not the same reason of the figure and the thing that is figured Nay hence an Argument may be retorted proving that by that Church whereof Peter was a figure is not meant one chiefe Governour Peter as one man or Governour was properly and really a virtuall Church and chiefe Governour But Peter as one man and Governour was in figure onely the Church Math. 18. Ergo that Church Math. 18. is not a virtuall Church noting forth one chiefe Governour onely As for Cyprians speech it doth nothing but shew the conjunction of Pastor and people by mutuall loue which is so streight that the one cannot be schismatically left out but the other is forsaken also Otherwise I thinke it cannot be shewed to the time of Innocentius 3. that the Bishop was counted the Church or this dreame of a virtuall Church once imagined The Clerkes of the Church of Placentia did in their oath of canonicall obedience sweare thus That they would obey the Church of Placentia and the Lord their Bishop Where the Chapiter doth carrie the name of the Church from the Bishop Yea even in those times preposed or set before him when the Pope was lifted up aboue generall Councels then it is like was the first nativity of these virtuall Churches As for a Kingdom I doubt not but it may be put for a King figuratiuely but the Church typified by Peter must needs be a Church properly And it will never be proved that any one Governour was set up in a Church proportionable to a King in a Common-wealth in whom is all civill power wherby the whole Kingdom is administred To the second Argument from the Apostles fact in the Church of Corinth who judicially absent sentenced his excommunication I haue decreed or judged leaving nothing to the Church but out of their obedience to decline him as in the 2. Epist 2. he saith For this cause I haue written to you that I may prooue whether you will in all things be obedient What Arguments are these He that judgeth one to be excommunicated he leaveth no place for the Presbyters and Church of Corinth judicially to excommunicate Thus I might reason Act. 15.17 from Iames 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 He who doth judicially sentence a thing he leaveth no place to other Apostles and Presbyters to giue sentence The truth is the Apostle might haue judged him to be excommunicate and an Euangelist if present might haue judged him also to be excommunicate and yet place left for the Churches judgement also These are subordinate one to the other Here it may be objected that if place be left for the Churches judgement after the Apostles sentence then the Church is free not to excommunicate where the Apostles haue and the same man should be excommunicate and not excommunicate Ans Suppose the Apostles could excommunicate Clave errante without cause it is true But the Apostles sentence being just shee is not free in as much as she cannot lawfully but doe that which lyeth on her when now it is especially shewed her and by example she is provoked Yea where she should see just cause of excommunicating she is not though none call on her free not to excommunicate Neverthelesse though she is not free so as she can lawfully not excommunicate yet she is free speaking of freedome absolutely and simply and if she should not excommunicate him he should remaine not excommunicable but excommunicate by chiefe judgement yet it should not be executed by the sinister favour of a particular Church As say Sauls sentence had been just and the peoples favour had been unjust Ionathan had been under condemnation but execution had been prevented by the peoples headstrong affection towards him Ob. So they who obeyed Paul they did not judicially excommunicate Ans As though one may not exercise power or government by manner of obedience to the exhortation of a superiour Touching the place in the Thessalonians those that read Note him by an Epistle doe goe against the consent of all Greek Interpreters And the context doth shew that it is a judiciary noting one such as caused him to be avoided by others and tended to breed shame in him As for Paules excommunicating Hymenaeus and Alexander It will not follow That which he did alone an ordinary Pastor may doe alone Secondly it is not like he did it alone but as he cast out the Corinthian though the whole proceeding be not noted Though Paul saith I delivered them So he saith grace was given Timothy by imposition of his hands 2. Tim. 1.6 when yet the Presbyterie ioyned 1. Tim. 4.14 Thirdly it may be they were no fixed members in any constituted Church The third argument of Timothy and Titus hath been sufficiently discussed To the fourth That one is fitter for execution then many To which we may adde that though the Bishops be but as Consuls in a Senat or Vice-chancellors in a universitie having when they sit with others no more power then the rest Yet these have execution of many things committed to them The assertion viz. That many are lesse fit for execution we deny That order is fittest which God instituted But he doth commit the keyes to the Church to many that they might exercise the authoritie of them when that mean is most fit which God will most blesse and his blessing doth follow his own order this is the fitttest Secondly in the Apostles times and in the times after almost foure hundred yeares expired Presbyters did continue with Bishops in governing and executing what ever was decreed Thirdly this depravation from the first order one to execute for a Diocesan one for a Provinciall the decrees of a Diocesan and Provinciall drew on a necessitie of one to execute the decrees of the Oecumenicall Church or Pope Fourthly Let them shew where God divided the power of making lawes for government of any Church from the power to execute them Regularly they who have the greater committed have the lesser also Fiftly we see even in civill governments many parts by ioynt Councell and action are as happily governed as others are by a singular governour Truely that the Affrican Fathers write to Celestine is true It is unlikely that God will be present with one insspiring him with his spirit and not be present with many who are in his name and with his warrant assembled As for those comparisons they hold not in all they hold in that
in one Congregation In which question he maintaineth against his adversaries a course not unlike to that which Armachanus in the daies of King Edward the third contended for against the begging Friers in his booke called The Defence of Curates For when those Friers incroached upon the priviledges of Parochiall Ministers he withstood them upon these grounds Ecclesia Parochialis juxta verba Mosis Deut. 12. est locus electus a Deo in quo debemus accipere cuncta quae praecipit Dominus ex Sacramentis Parochus est ordinarius Parochiani est persona a Deo praecepta vel mandato De● ad illud ministerium explendum electa Which if they be granted our adversaries cause may goe a begging with the fore said Friers Another sort of corruptions there are which though they depend upon the same ground with the former yet immediately flow out of the Hierarchie What is more dissonant from the revealed will of Christ in the Gospell even also from the state of the Primitive Church then that the Church and Kingdome of Christ should be managed as the Kingdomes of the world by a Lordly authoritie with externall pompe commanding power contentious courts of judgement furnished with chancellours officials commissaries advocates proctors paritors and such like humane devises Yet all this doth necessarily follow upon the admitting of such Bishops as ours are in England who not onely are Lords over the flock but doe professe so much in the highest degree when they tell us plainely that their Lawes or Canons doe binde mens consciences For herein wee are like to the people of Israel who would not have God for their immediate King but would have such Kings as other Nations Even so the Papists and we after them refuse to have Christ an immediate King in the immediate government of the Church but must have Lordly Rulers with state in Ecclesiasticall affaires such as the world hath in civill What a miserable pickle are the most of our Ministers in when they are urged to give an account of their calling To a Papist in deed they can give a shifting ansvver that they have ordination from Bishops which Bishops were ordained by other Bishops and they or their ordeyners by Popish Bishops this in part may stop the mouth of a Papist but let a Protestant which doubteth of these matters move the question and what then will they say If they flie to popish Bishops as they are popish then let them goe no longer masked under the name of Protestants If they alledge succession by them from the Apostles then to say nothing of the appropriating of this succession unto the Popes chaire in whose name and by vvhole authority our English Bishops did all things in times past then I say they must take a great time for the satisfying of a poore man concerning this question and for the justifying of their station For untill that out of good records they can shew perpetuall succession from the Apostles unto their Diocesan which ordained them and untill they can make the poore man which doubteth perceiue the truth and certaintie of those records which I wisse they will doe at leasure they can never make that succession appeare If they flie to the Kings authoritie the King himselfe will forsake them and denie that hee taketh upon him to make or call Ministers If to the present Bishops and Arch-bishops alas they are as farre to seeke as themselues and much further The proper cause of all this misery is the lifting up of a lordly Prelacie upon the ruines of the Churches liberties How intollerable a bondage is it that a Minister being called to a charge may not preach to his people except he hath a licence from the Bishop or Arch-bishop Cannot receiue the best of his Congregation to communion if he be censured in the spirituall Courts though it be but for not paying of sixe pence which they required of him in any name be the man otherwise never so innocent nor keep one from the communion that is not presented in those Courts or being presented is for money absolved though he be never so scandalous and must often times if he will hold his place against his conscience put back those from communion with Christ whom Christ doth call unto it as good Christians if they will not kneele and receive those that Christ putteth backe at the command of a mortall man What a burthen are poore Ministers pressed with in that many hundreds of them depend upon one Bitshop and his Officers they must hurrie up to the spirituall Court upon every occasion there to stand with cap in hand not onely before a Bishop but before his Chancellour to be railed on many times at his pleasure to be censured suspended deprived for not observing some of those Canons which were of purpose framed for snares when far more ancient and honest canons are every day broken by these Iudges themselues for lucre sake as in the making of Vtopian Ministers who haue no people to minister unto in their holding of commendams in their taking of money even to extortion for orders and institutions in their symonie as well by giving as by taking and in all their idle covetous and ambitious pompe For all these and such like abuses we are beholding to the Lordlinesse of our Hierarchie which in the root of it is heere overthrowen by M. Bayne in the conclusions of the second and third Question About which he hath the very same controversie that Marsilius Patavinus in part undertooke long since about the time of Edward the second against the Pope For he in his booke called Defensor pacis layeth the same grounds that here are maintained Some of his words though they be large I will here set down for the Readers information Potestas clavium sive solvendi ligandi est essentialis insparabilis Presbytero inquantum Presbyter est In hac authoritate Episcopus a sacerdote non differt teste Hieronymo imo verius Apostoi● cuius etiam est aperta sententia Inquit enim Hieronymus super Mat. 16. Habent quidem eandem judiciariam potestatem alii Apostoli habet omnes Ecclesia in Presbyteris Episcopis praeponens in hoc Presbyteros quoniam authoritas haec debetur Presbytero in quantum Presbyter primo secundum quod ipsum Haec nomina Presbyter Episcopus in primitiva Ecelesia fuerunt synomina quamvis a diversis proprietatibus eidem imposita fuerint Presbyter ab aetate nomen impositum est quasi senior Episcopus vero a dignitate ceu cura super alios quasi superintendens Many things are there discoursed to the same purpose dict 2. c. 15. It were too long to recite all Yet one thing is worthy to be observed how he interpreteth a phrase of Ierome so much alledged and built upon by the Patrones of our Hierarchie Ierome sayth ad Evagr. that a Bishop doth nothing excepting ordination which a Presbyter may not doe Of this testimonie D.