subversion vpō any nation that purely and soundly in place therof hath embraced the holy Sacrament of the Lords Supper It seemeth also to be equal for many ages past that the Bishop of Rome might haue supreame and absolute power over all persons states and causes not only in Rome Italy Spaigne Germany other forraigne Kingdoms but also in England and Scotland But as yet to the view of al the world it hath not proved perilous for the King Queen of England and Scotland to establish new lawes for the alteration of that ancient abuse And why hath it not bene dangerous so to do Why forsooth because there was evident vtilitie in doing of it But how could an evident vtilitie appeare before it was done How Forsooth because the holy law of God had warranted an alteration For faith having eyes to see the wisedom the power and the trueth of God in his word discerned a far of that the institution of the Lords Supper was long before the sacrifice of the masse And therefore our Kings by abandoning popery out of the Realme did not institute any new religion but onely they restored the old Now then if the same holy lawe of God doe condemne the choyce and thrusting of a Pastour vpon the people by one man alone and againe if the same lawe doe impugne the primacie of one Pastour over all Pastours as wel in a Diocesse or Province as in the whole West part of Christendome what daunger can it be not to disfrāchise the one sithence without any maner of danger we haue abolished the other or what perill can it be not to countenance the sonnes sithence without peril we haue discountenanced the father Especially seeing in this place of the admonition we haue a playne cōfession that the common maner of election of Pastors Elders and Deacons in the old Churches was made by the people For if the examples of schisme discord Common manner of elections in the olde churches was by the people contention did commonly appeare in the olde churches while that maner of election did continue then by his owne mouth that maner of election was common and did continue in the olde churches Besides this inconvenience saith he caused Princes Bishops so much to entermedle in this matter From whence it necessarily againe followeth that by the holy Scriptures and law of God Princes and Bishops did not entermedle with that matter at all For had it bin simply lawful for thē to haue Bb. medle not with election of Pastours by the holie Scriptures dealt in those causes by the worde of God thē as well before schisme discord and dissention as afterward yea rather much more before then afterward For then by their own right might Princes and Bishops haue prevented all occasion of schisme and contention and haue so preserved the Church that no tumult or disorder should once haue bin raysed or begun therein Againe if by the lawe of God Princes Bishops had medled in these matters and had not entermedled by humane devise then lawfully by their authoritie alone might they haue chosen Pastours Elders and Deacons in the olde Churches which thing in this place by necessarie inference he denieth For schisme saith he caused thē to entermedle So as by his confession they were but entermedlers and entercommoners by reason of schisme not cōmoners and medlers by vertue of Gods word And yet now a dayes our reverend Bishops in this case are no more entercommoners with Princes and with the people they are no more entermedlers as in olde times they were but they haue now so farre encroched vpon the prerogatiues of the Prince and privileges of the people that neither Prince Bishops encroch vpon the right of prince and people nor people haue any commons in the election of Pastours Elders Deacons with them at all Besides if schisme and contention among the people were the reason why Bishops first entermedled in the choise of Pastours we now having no schisme nor contention about the choise of Pastours by the people and so the cause ceasing why should not the effect likewise cease But this effect is therefore still to be continued because otherwise the cause would a new sprout out and spring vp againe Nay rather inasmuch as for these many yeares we haue had schisme discord dissention because the Bishops wholy and altogether haue medled in the choise of Pastours and haue thrust vpon the people whatsoever Pastours please not the people but pleased themselves haue not suffered the people to medle no not so much as once to entermedle in these matters in as much I say as these things be so it seemeth most expediēt requisite necessarie for the appeasing pacifying of this discord the taking away of this schisme to haue that maner of election which was in the old Churches restored to the people and this wherein the Bishops haue entermedled without authoritie from the worde to be abolished that so againe the cause of schisme and strife which is now among vs ceasing the effect might likewise cease After I had ended this tract in this maner touching this poynt there came into mine handes a booke intituled The perpetuall gouernment of Christes 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 Bishoppes and Presbiters doth rightlie belong and whether by Gods lawe the people must elect their Pastours or no. In whiche Chapter also the matter of schisme strife and contention is handled The finall scope and conclusion whereof is as the proposition importeth two fold First cōcerning Bishops then concerning Pastours The quarell taken against Bishoppes doth not so much touch sayth he the office and functions of Bishoppes as it doth the Princes prerogatiue When you rather thinke the Prince may not name her Bishoppes without the consent and election of the people you impugne nor vs but directlie call the Princes fact and her lawes in question As touching this poynt of the proposition because the people by any lawe or custome never chalenged anie right or interest in the choyse of the Kings Bishoppes we haue nothing to medle or to make about the choyse of any of his Kinglie Bishoppes The Kinge only hath power without the people to nominate his Kingly Bb. Nay we confesse as his Highnes progenitours Kings of England haue bin the Soveraigne Donours Founders Lords and Avowes of all the Bishoprickes in England without ayd of the people that so likewise it is a right and interest invested into his Imperiall Crowne that he onely his heyres successours without cōsent of the people ought to haue the free nomination appointment collation investiture and confirmation of all Bishoppes frō time to time to be placed in anie of those Bishoprickes yea we say further that the King alone hath not power onely to nominate collate confirme but also to
so to of the Church by Prelacie to be Monarchicall because the Queene was a Monarch and that the reverend Bishop governed vnder a Monarch then what did hee els but put a weapon into the handes of Pastors and Elders to prove their governement also to be Princelie and Monarchicall Because Pastors Elders desire not to haue that maner of governement to bee brought into the Church otherwise then by the Royall assent Souveraigne authoritie and expresse commandement of our most gratious King and Monarch Besids if any governement may be therefore saide to be a Monarchie because the same is derived from an earthly Monarch howe much more then may the governement of the Churches by Pastors and Elders be adiudged Monarchical by reason the same is deduced from our heavenly and everlasting Monarch For the reverend Bb. by their publike preachings apologeticall Ma. Horne Bishoppe of Winch. Ma. Iewell Bishop of Sali Mai. Bilson Bishoppe of Winch. writings testifie that power authoritie to ordeine and depose Ministers to excommunicate and to absolue to devise and to establishe rites and ceremonies in the church to define what is trueth to pronounce what is falsehood to determine what is schisme and to cōdemne what is heresie our reverend Bb. I say confesse this power to bee originallie decided vnto the true Bishoppes and Pastours of the Church from the Kinglie and Soveraine power of our Saviour Christ By what name therefore soever the gouvernment 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 Monarchie because the same is instituted by the Monarch of Monarches who is able and readie to vphold the state of al Monarchies in common weales togither with the state of Aristocracie in his No cause for a Monarch to feare that his Christian subiectes should haue the sence of Aristocracie in Church goverment Church Neither is there any cause for anie Monarch in the world to feare the making of christian commō people by familiar experience to haue the sence feeling of the principles and reasons of Aristocracie For if a people haue once submitted their necks to the yoke of Christ they can liue a peaceable godly life vnder all kinds of powers because they knowe all kind of powers to be the ordenance of God But especially there is not neyther euer was neyther euer 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 easely transferre the principles and reasons of Aristocracie to the gouerment of the common weale and therevpon bee induced to thinke that they haue iniurie if they haue not as much to doe in civill matters as they haue in matters of the Church seeing they also touch their commoditie and benefit temporallie as the other doeth spirituallie And certes it seemeth that the Admonitor was drawen very drie of reason whē he was fayne to plucke this stake from the hedge to make a fire and to kindle the wrath of the Magistrate against the forme of discipline by Pastors and Elders For whether hee intendeth that the Pastors and Elders will thinke them selues to haue iniurie if they deale not in all causes of the commō weale as well as in all causes of their churches or whether he ment that the common people will easely transferre the government of the common weale from a Kingly Monarchie to a noble Aristocracie there is neither soothnes nor soundnes in his meaning For sithence Pastors disclaime to deale in civil matters the learned Ministers against the reuerend Bishopps by the holy rules of our faith mainteyne that it is not lawful for a Minister of the Gospell to exercise civill magistracy and that it is not lawfull for the man of God to bee intangled with the affaires of this life how is it probable that those Ministers will easely oppugne their owne knowledge by their owne cōtrary practise Or how is it probable that they would over-loade them selues with that burthen to ease the Church wherof they haue contentedly exposed thē selues into a number of reproches contempts bytings persecutions As for that other intendement of the Admonitors that it is greatlie to be feared that the commō people will easely transferre Monarchie vnto Democracie or Aristocracie if the principles and reason thereof by experience were made familiar in their minds this reason I say might seeme to carrie some shewe of affrighting a Monarch if the same were insinuated vnto a king whose people were neuer acquainted with the principles reasons of Democracie or Aristocracie but this feare being insinuated vnto our late Souveraigne Ladie the Queene whose people euer since the time they first begā to be a people haue had their witts long exercised with the The people of England haue their wits exercised with the sence of Democracie Aristocrarie sence and feeling of the reasons principles aswell of Democracie as also of Aristocracie what sence had the Admonitor to vrge this feare That in the Kingdome of Englande the common people haue alreadie the sence and feeling of the reasons principles of Democracie cannot be denied For in euerie cause almost aswell of criminall as ciuill iustice some few only excepted to be executed in the common weale by the common lawes of the Realm haue they not some hand and dealing in the same by one meanes or other Nay which is more haue they not the sence and feeling of the making and vnmaking their owne lawes in Parleament And is not their consultation in Parleament a mere Democraticall consultation As much also there is to bee avowed for the sence and feeling of the reasons and principles of Aristocracie to be alreadie in the minds of the Peres the Nobles the Iudges and other great men of the Realme For are not the Wisest the Noblest the Chiefest taken out of these by the King to bee of his Counsell and to be Iudges and Iusticers in his Courts Yea and is not their assembly also in Parleament a mere Aristocraticall assembly And what translation then is there greatly to be feared out of the Church to bee made into the common weale when the minds of all sorts of our common wealthes-men be already seasoned with the things which hee feareth And when the common weale is alreadie seysed of the principles and reasons which he would not haue familiarly known vnto it Wherefore that the King the Nobles and cōmons may no more be scarred with the strangenes of these vncouth and vnknowne greeke names of Democracie and Aristocracie writtē in his booke with great and capitall letters I haue thought it my duty by these presents to informe them that the govermēt of the church by Pastors and Elders nowe wanting amongst vs and desired to bee brought into the Church by the Souveraine authority of our King Nobles and commons in Parleament for the outward form
or condemned by forrein power or by forren lawes There shall no husbandrie no clothing no handicraft no mariner no marchaÌ„dize no lawes of the land no maner of good learning whatsoeuer in Schoole Colledge or Vniversitie bee decreased or laid aside Wherfore the Admonitor toying neuer so much how so euer he hath made his flourish cast about with his May bees his I feare his I pray God his yfes his andes howsoeuer I say it pleased him to trifle with these gew gawes yet shall none euer be able to proue by anie proofes dravvne from the holy Scripture or humane reason that anie hinderance in dignitie or incumbrance can euer betide our Nobles our Commons the state of our Countrey people lawes or common Weale if the state of church-gouermeÌ„t were translated from Archbishops Bishops Archdeacons Chancelours CoÌ„missaries and Officialls which are officers in the house of God onelie according to the commaundements and traditions of men vnto the gouernment practised by the Apostles and primitiue Church which they can not denie but must coÌ„fesse to haue bene according to the holy pleasure of God Nay our Nobles and our commons are most assured to be so farre from being endamaged or loosing ought hereby as herby they shall purchase that vnto them selues which neuer yet any oppugner of so good and holy a cause could attayne vnto Namely they shall seale vp vnto their owne soules infallible testimonies of good and sincere consciences testimonies I saye of their fidelities vnto God testimonies of their allegiance vnto him by whom they haue bene redeemed and testimonies of loue and compassion vnto the whole church of God Nay further our coÌ„mons shal be so farre from bringing anie damage vpon them selues as they shall marvelouslie benefit them selues First by purchasing vnto themselues a large immunitie from manie foule and great greeuances and exactions of money imposed leuied vpon them by officers and deputies of Archbishops Bishops Archdeacons c. Secondlie by hauing the Lord Christ whose cause they vndertake and whose glorie they advance to be a friend vnto their friends and an enemie vnto their enemies And if our Nobles and our Commons be all hushed if they be all at sleepe at peace and at rest we may cast away all feare and be past all doubt that the King can not but holily recreate and solace him selfe and that his gray haires when soeuer they shall come shall neuer be brought to the graue in sorrow but in a good perfect age and peace But happelie it may be replied that Pag. â—9 some of our Nobles and most of our commons be so backwardlie affected Pag. 79. to the trueth of Religion as that rather they would turne head vpon the Gospell then brooke an alteration of Archiepiscopall Episcopal and Archidiaconall Church gouerment In deed if a reformation of the state of the Cleargie were attempted by anie other meanes then by publicke tractation and coÌ„sent of ParleameÌ„t I could not but leane vnto this opinion that the attempting thereof might bring an overthrow to the attempters Because the same attempt should be dishonorable to the name of God as being contrarie to the forme of doctrine receiued But since thinges amisse are required to be redressed by the King and Parleament alone this obiection is altogether vaine and frivolous and is alreadie sufficientlie convinced by that peaceable agreement betweene Nobles and Commons before remembred But let vs wade a litle deeper and search a litle more narrowlie into euery vaine creeke and corner of this supposition And let vs see by what maner of persons this pretensed ouerthrow of the Gospell might be wrought All carnall sensuall and earthly men No feâ—re that prophane men will ouerthrow the Gospell either whose belly is their god or whose god is this world all such men I say as in euery age be of Domingoes religion namely iust iumpe of that religion which the King and State professe they are so farre from attempting ought to ouerthrow the Gospel as vnder the shadow of the name thereof they wil euermore croude and couer their carnalitie and prophanes For they being euermore of euery religion and so in deede of no religion and passing not whether our Sauiour Christ or Beliall be their God sing as the Poët singeth Ais Aio Negas Nego becke and bow cap and knee to whatsoeuer the state and lawe commandes If the King be a Gospeller the Gospell the Gospell and naught els but the Gospell shal be found to roule in their mouthes But let the Crowne once turne by and by they haue turned their coates and as wether cockes with euery puffe of wind are huffed about Whatsoeuer order or maner of gouerment be planted or displanted in the Church the same shal be no corosiue to them It shall neuer sticke in these mens stomackes neither will they lay it to their hearts The King and Counsell is wise inough and knowe what they haue to doe well inough They will not be more forward nor wiser theÌ„ the Prince they will not checke and controll the whole Realme They can not brooke these busie bodies and medlers in matters aboue their reach They wil be none of these new fangled and precise fooles they will not bee backward and come behinde the law as the Papistes doe neither will they be to forward and runne before the law as the Puritans doe But they wil behaue themselues in all things and at all seasons as discrete politike Protestants ought to doe coÌ„forming submitting themselues alwayes to all order authoritie of the Queenes booke lawes setled Yea and though they be not booke learned nor any pen clerkes yet they beleeue well And therefore they will goe to the Church and say a few prayers yea they will receaue the Sacrament at Easter as deuoutlie as the best precisian of them all All these Atheistes and godlesse men being neither hot nor cold neither fish nor flesh nor good red hering plant what plants you will and sow what seedes you list yea make what ditch hedge pale wall or fence you please they set cocke vpon hoope passe not a button for it euery season be it wet or be it dry euery kind of laÌ„d be it clay or be it sand euery furrow be it broad or be it narrow be it deepe or be it shallow pleaseth coÌ„tenteth these medley coates alike They are like vnto Iacobs â—wes which hauinge straked and party coloured rods laid before them in the gutters at a ramming time brought forth none other but partie coloured lambes And therfore they will neuer stir hand nor foote nor once steppe ouer a straw to worke any least anoyance to the Gospell It is good sleeping alwayes for these men in a whole skinne And not much vnlike to these partie coloured slepers are the admoniâ—orie protestants For they as the dutie of faithfull subiectes doe bind them liâ—ing in a state of a Church reformed and hauing libertie in
the Kings prerogative Royall be duely advanced Which things if it might please them rightly to consider then let them humblie and seriouslie beseech our Sovereine Lord the King and States in Parleament to giue their consentes to such a law as the proiect ensuing may warrant thē the same not to be dangerous to the overthrowe of their civill studies The Proiect of an Act for the explanation and amplifying of one branch of a statute made in the first yeere of the raigne of Queene Elizabeth entituled An Act restoringe to the Crowne the ancient iurisdiction over the state Ecclesiasticall and also for the declaring and reviving of a statute made in the first yere of King Edward the sixt entituled An Act what seales and stiles Bishops and other spiritual persons exercising iurisdiction ecclesiasticall shall vse FOr asmuch as by one braunch of an Act made in the first yeere of our late Soveraigne Ladie of blessed memorie Queene Elizabeth entituled an Act restoring to the Crowne the auncient iurisdiction over the state Ecclesiastical Spirituall and abolishing all forraigne power repugnant to the same it was established and enacted That such iurisdictions priviledges superiorities and preheminences spiritual and ecclesiasticall as by anie spirituall or ecclesiasticall power or authoritie hath heeretofore bin or may lawfully be exercised or vsed for the visitation of the Ecclesiasticall state and persons and for reformation order correction of the same and of all maner errors heresies schismes abuses offences contempts and enormities should for euer by authoritie of that present Parleament be vnited and annexed to the Imperiall Crowne of this Realme by meanes whereof it may now be made a questiō whether any Archbishops or other Ecclesiasticall persons having since that time vsed or exercised any such spirituall or ecclesiasticall iurisdiction in their owne right or names might lawfully haue done or hereafter may lawfully doe the same without speciall warrant and authoritie derived immediatly frō your Highnes by and vnder your H. letters patents And whereas also by a statute made in the first yeare of Kinge Edward the sixt entituled an act what seales and stile Bishops or other spirituall persons shall vse it was ordained that all and singular Archbishops and Bishops others exercising ecclesiastical iurisdictiō should in their processe vse the Kings name and stile and not their owne and also that their Seales should bee graved with the Kings armes And forasmuch also as it must bee highly derogatorie to the Imperiall Crowne of this your Highnesse Realme that any cause whatsoever ecclesiasticall or temporall within these your H. Dominions should be heard or adiudged without warrant or commission from your Highnes your heyres successors or not in the name stile and dignitie of your Highnes your heyres and successors or that anie seales should be annexed to anie promesse but onelie your Kinglie seale and armes May it therefore please the King at the humble supplication of his Commons to haue it enacted That the aforesaid branch of the aforesaid Act made in the first yeere of Queene Elizabeth her raigne everie part thereof may still remayne for ever be in force And to the end the true intent and meaning of the said statute made in the first yeere of King Edward the sixt may be declared and revived that likewise by the authoritie aforesaid it may be ordayned and enacted that all and singular Ecclesiastical Courts and Consistories belonging to any Archb. Bb. Suffraganes Colege Deane and Chapiter Prebendarie or to any Ecclesiasticall person or persons whatsoever and which haue heretofore bin commonly called reputed taken or knowne to bee Courts or Consistories for causes of instance or wherein any suite complaint or action betwene partie and partie for any matter or cause wherin iudgment of law civil or canon hath bin or is required shall and may for ever hereafter be reputed taken and adiudged to be Courts and iudgmentseats meerely civill secular and temporall and not hence foorth Ecclesiasticall or spirituall and as of right belonging and apperteyning to the Royall Crowne and dignitie of our Soveraigne Lorde Kinge Iames that nowe is his heyres and successors for ever And that all causes of instance and controversies betwene partie partie at this day determinable in any of the said Courts heretofore taken and reputed ecclesiasticall shall for ever hereafter bee taken reputed and adiudged to be causes meerely civill secular and temporall as in trueth they ought to be and of right are belonging and appertayning to the iurisdiction of the Imperiall Crowne of this Realme And further that your H. liege people may be the better kept in awe by some authorised to be your H. Officers Ministers to execute iustice in your Highnes name and vnder your H. stile and title of King of England Scotlād Frāce and Ireland defendor of the faith c. in the said Courtes and Constories and in the said causes and controversies Bee it therefore enacted by the authoritie aforesaid That all the right title and interest of in and to the said Courts and Consistories and in and to the causes controversies aforesaide by any power iurisdiction or authoritie heretofore reputed Ecclesiasticall but by this Act adiudged civill secular and temporall shall for ever hereafter actually and reallie be invested and appropried in and to the Royall person of our Soveraigne Lord the King that now is his heyres successors Kinges and Queenes of this Realme And that it shall and may bee lawfull to and for our saide Soveraigne Lord and King his heyres and successors in all and everie Shire and Shires Diocesse and Diocesses within his H. Dominions and Countries by his and their letters patents vnder the great Seale of England from tyme to tyme and at all tymes to nominat and appoint one or moe able and sufficient Doctor or Doctors learned in the civill law to be his and their civil secular and temporal Officer and Officers Minister and Ministers of Iustice in the same civill secular and temporall Courts Consistories which in and ouer his and their royall name stile and dignitie shall as Iudge and Iudges doe perform execute all and every such act and acts thing and things whatsoeuer in and about the execution of iustice and equitie in those Courts according to the course and order of the civill lawe or the Ecclesiasticall canons and constitutions of the Realme as heretofore hath bin vsed and accustomed to bee done by for or in the name of any Archbb. Bb College Cathedral Church Deane Archdeacon Prebendary or any other Ecclesiasticall person or persons whatsoeuer And that all and every such civill secular and temporall Officer and Officers Minister and Ministers Iudge Iudges in his and their processe shall vse one manner of Seale only and none other hauing graued decently therein your Kingly armes with certaine characters for the knowledge of the Diocesse or Shire And further bee it enacted c That it shall and may be lawfull by
of Tythes Testaments and Matrimonie matters also of adulterie slander c. are in these mens iudgments mere teÌ„poral c. therefore to bee dealt in by the temporall Magistrate onely which as yet haue eyther none at all or very fewe lawes touching those things therefore the common lawe of the Realme must by that occasion receaue also a verie great alteration For it wil bee no small matter to applie these things to the temporal law to appoint Courts Officers and manner of processe and proceedings in iudgement for the same Assertion In deed we hold that all these matters whereof mention is here made and all Matters of tythes and other causes of like nature perteine to civill Iustice others of the like nature are merely civill and temporall and by the temporall Magistrate alone to bee dealt in and to be discussed if we consider the administration of externall and civill iustice And this wee thinke wil be graunted of all and not be denied of any vnlesse they be too to popishly addicted In regard whereof wee haue drawen as before is mentioned a proiect howe Courts and maner of processe and proceedinges in iudgement by Doctors of the civill law may be appointed by the King and his high Court of ParleameÌ„t without that that the common law of the Realme by the occasion of any such courts officer or maner of processe and proceedings must receave any alteration at al muchlesse a very great alteration Howbeit if it should not please the King and that the Civilians could not finde favour in his sight by courts offices and maner of processe and proceedings in iudgement before specified or by the like to have the studie of the civill law advanced yet we thinke it convenient once againe to â—owe matters of Tythes c. may be dealt in by the Kings Iudges be examined howe these matters may be dealt in according to the rules grouÌ„dâ— of the common lawe before the Kings Iudges and Iustices of the Kings bench and common pleas By a statute of 32. H. 8. c. 7. it is cleare that all tythes oblations c. and other ecclesiasticall or spirituall profits by the lawe or statutes of the Realme may bee made temporal as being admitted to be abide go to and in temporall hands laye vses and profits From the reason 〈◊〉 which statute it is cleere that those lawâ—â— likewise may be reckoned amongst 〈◊〉 for temporall lawes which by the lawâ—â— and statutes of the Realme may be executed by temporall and lay persons and which are conversant about temporall and lay causes If then the execution of the lawes touching these matters may lawfully remaine abide in the hands of Doctors of the civill law being temporall and lay persons as alreadie vnder the Bishops they doe it can not be denied but that the Kings Iudges and Iusâ—icers of both Benches may be as competible Iudges to put in execution the lawes concerning these matters as Doctors of the civill law or other lay-men be But the causes are not reputed and called temporall lay causes amongst vs. What for that if in their owne nature simply considered these causes bee meerely laye and temporall causes such causes I meane as whereof the King a â—ay civill and temporall Magistrate by his lay civill and temporal Magistracie â—erived vnto him immediatly from the holy law of God may and ought to take â—ognizaÌ„ce thervpoÌ„ either in his own Royall person or by the person of any of his inferior Officers may giue absoâ—te peremptorie iudgement If I say â—hese things be so what booteth it or that wisedom is it contend that these causes and matters have bin and are stil adiudged to be therefore ecclesiasticall no temporal causes because through an abusive speech or through a vaine and evill custome they haue bin so called and accompted in times past And what if it hath pleased the Kinges Progenitors by sufferance to tollerate the execution of such lawes as concerne these things to be in the hands power of Ecclesiasticall persons yet here vpon it followeth not that in very deede and trueth the Magistracie of the said ecclesiasticall persons was an ecclesiasticall Magistracie or that they were ecclesiasticall Magistrats but their Magistracie was and remayned still a temporall magistracie they were and aboade temporall Magistrates For not more can the qualitie of the person alter the nature of the cause then can the qualitie of the cause alter the nature of the person And if it be true that matters determinable in tymes past by a Magistracie abusivelie called ecclesiastical be notwithstandinge properlie temporaâ—â— matters and that the same Magistracie also be a temporall no spirituall Magistracie what a childish poore coÌ„ceit is it to challenge threp vpoÌ„ the teÌ„porall Magistrat that he hath none or verie few temporall lawes touching those matters And that therefore the people should not sollicit an alteratioÌ„ of abuses in Church-goverment least for want of temporall lawes the people should bee without ecclesiasticall discipline It will be no small matter saith hee to applie these things to the temporall lawe yea and so say I to But what of that The question is not how hardly these things may be applied to the temporall lawe but how small a matter it were to applie the temporall law vnto these thinges For it is not said in any law that casus ex iuribus but it is said in all lawes that The temporal law may easily be applied to causes nowe reputed ecclesiasticall ex casibus â—ura nascuntur And in deede the Phisition applieth not the disease to his phisicke but he prepareth his phisicke for the disease The husband-man he measureth not his grouÌ„d by the seed but his seed by the ground The Draper he meateth not his yarde by the cloth but his cloth by the yarde If in like maner the temporall lawes and the grounds and rules thereof were applied to these matters of tythes marriages c. whereof he speaketh what more alteration could there be of the temporall law by such an application then there is an alteration of the pluÌ„met by laying it to the stone or then there is an alteration of the rule or yard by laying them to the timber cloth Besides he that rightly and after an exact equall proportion can apply one rule or maxime of the teÌ„porall lawe to many more cases then wherevn to it hath bin vsually in former times applied he may rather be reputed an additioner then an alterer of the law But how may the temporall lawe be applied to those matters How even so and so as followeth By the statute 32. Howe Tythes may bee recouered in the Kings teÌ„porall Courts H. 8. c. 7. it is declared that tythes oblations c. and other ecclesiastical or spirituall profitts c. beinÌ„g in laye mens handes to laye vses be no more ecclesiasticall but temporall goods and profittes and that if any person were disseysed
the Lordes temporall whether the Lordes spirituall would or no. And that contrary to the expresse decrees canons of the church of Rome And thus much the most reverend and godly Father Maister Iewell Bishop of Salisbury wherefore to conclude this point against the Admonitors position I dispute thus All those persons who by any necessity are none of the three estates and by whose authorities the statutes of England to this day haue not stood to leaue out the same persons may happely seeme a matter of lesse weyght then all men doe iudge it But the Archb and Bb. are such persons as by necessitie are none of the three estates and by whose consents the statutes of Englande to this day haue not stood Therefore to leaue out the Archb and Bb. may happely seeme a matter of lesse weight then all men doe iudge it If our Evangelicall Bishops be of that opinion of which the Popish Bishops were viz that the house of Parleament is an vnfit an vnmeete place to haue the holie cause of the religion of God debated and concluded vpon and that the Layitie without the Clergie ought not to conclude any thinge in religion that in respect hereof their presences their voyces and their assents are necessarie in the Parleament If our Evangelicall Prelates I say make this obiection then besides that hereby they vnseemely vnmannerly vnchristianly accuse the whole land of ignorance and blindnes in religion supposing neither King nor Nobles nor Commons to be able to discerne betwene 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 reuerend Fathers Maister Pilkington Maister Iewell haue aunswered to such cavillous slaunders For what els intended they by many examples proofes brought for the Parleamentes of England consisting of the King the Nobles and the Commons to be lawfull Parleaments and to haue right to establish religion but to iustifie against Popish scoffers that religion might be receyued established in Parleament notwithstandinge the absence or exclusion of the Clergie Besides since our lawes do vphold the state authoritie of the Convocation Matters of religion not concluded in Parleament before the same bee consulted of in conuocation house for the examination of all causes of Religion surely it can not be truely averred that it is necessarie for Evangelicall Bishops to be members of the Parleament house least controversie of religion should be handled and discussed without them For how should any matter of religion bee concluded without them in Parleament when first of all the same is to be argued among them selves in convocation or let them hardely if they can shew any one instance of any change or alteratiō either from religion to superstition or from superstitiō to religion to haue bin made in Parleament vnlesse the same freely at large haue bene first agreed vppon in their Synodes and Convocations And what booteth it then to haue a double or treble consultation and consent of Archbishops Bishops in Parleament Is the holy cause of God any whit bettered by their Bishops riding from Paules to Westminster Or can it receiue any more strength by their walking from Westminster Church to Westminster Pallace Nay it hath bene oftentimes so farr from being promoted by their Bishops as not onelie in their convocations but also in the Queenes Parleaments the same hath ben shamefully intreated and taken the foile as may witnesse the bill for the better observation of the Sabboth 27. Eliz. which beeing passed by both houses of Parleament was notwithstanding gainesaid withstood by none so much as by certayne Evangelicall Bishops which as there all men generallie conceaved was onlie stayed from being made a law by the Queene vpon their counsell and perswasion Admonition It hath bene alwayes dangerous to pick quarels against lawes setled Pag. 78. Assertion And is it not morbus hereditarius in Steuen Gardeners argument and the Admonitors argumēt in effect one Prelates to picke quarrels against reformation of errours For even this did Steven Gardener reason against the Lord Protector That in no case sayth Steuen Gardener is to bee 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 King Henry left it may bee and is like to bee dangerous to the Lord protector to breed troubles to the whole Realme Therefore innouation of Religion from the state that King Henry left it is in no wise to be attempted And even of this stāpe of this streyne is the argument of picking quarrelles against lawes settled for thus in effect he argueth That Discipline in no case is to bee brought into the Church by the Kinge Parleament which may be dangerous to lawes setled But to bring into the Church the Apostolicall discipline may bee dangerous to lawes setled Therefore the Apostolicall Discipline in no case is to bee brought into the Church by the King Parleament But forasmuch as that noble and religious Lord Protector notwithstanding Steven Gardiners sophistrie continued constant and couragious in the abolishment of Poperie and superstition which King Henrie left did without dangerous alterations of lawes then settled innovate religion How much more now may the Kings Maiestie the Lesse dāger to reforme the Church by newe lawes then to continue corruptiō by old lawes Lords and Commons in Parleament attempt with effect an innovation of that state of Ecclesiasticall goverment wherin the Queene left the Church And if it can not be denied but it had bene farre more daungerous for the Realme and for the Lord protector not to haue setled the holy doctrine of the everlasting Gospel by new lawes then to haue mainteyned and continued antichristianitie by old lawes how should it bee lesse danger for the King in these dayes to continue corruptions in the Church by tolleration of old lawes then to haue the same corruptions reformed by establishment of new lawes But vnto whō or vnto what hath it bene daungerous to picke quarrelles against lawes setled What Hath it bene dangerous to lawes setled No. For how should lawes setled be indangered by quarelers sithence quarellers are euermore in daunger of lawes settled Or hath it bene alwayes dangerous for a King for a State for a people or for a Countrey to picke quarelles against lawes setled No. For what man is he or what face carieth he that dare vpbrayde a Countrey a people a State or a King minding to vnsetle evil lawes euill customes to be quarelers against lawes setled Let it then onlie be daungerous for private persons vpon private malecontentment to picke quarelles against good lawes wel rightly setled and let it not be hurtfull or dangerous for supreame Kings powers and Principalities by publicke edicts to alter evill lawes evilly setled For to what other end should evill lawes evilly setled
carefullie vse this his freedome And therefore he may not wholy and altogether put from him selfe and expose at haphazard the provision education instruction dieting appareling and lodging of his wife his sonnes his daughters and his servaunts vnto strangers neither may Husbandes Fathers nor Maisters giue their consent to the making of anie lawe or the bringing in of anie custome whereby their freedomes should be restreyned adnihiled or made voyde in this behalfe For by thus violating the rules and grounds by thus treading as it were vnder foote the equitie of Christ and the freedome they haue by the lawe of God should they not most prophanelie and impiouslie despight God and as it were over turne the whole order he hath set in nature And if the people may not cast off these rules and these groundes this equitie and this freedome in thinges apperteyning to this frayle bodily transitorie and earthlie life howe much lesse may they cast them off or sett litle by them in things apperteyning to the salvation of their soules and to a durable spirituall everlasting and heavenlie life But the peoples right to choose their Obiection that the peoples right did neuer depend vpō the expresse commandemēt of God Bishoppes did never depende vpon the expresse commaundement of God neither can the people chalendge by Gods law the right to chose their Bishoppes I meane saieth he no such thinge is expressed and conteyned in the Scriptures What then if it doe depend or bee conteyned vnder the generall groundes and rules of reason nature christian equitie christian societie principles of humane fellowshippes the law of God the practise of the Apostles and that which was from the beginning Is it not sufficient Though it bee not expressed in these termes viz That the people must chose or that the people haue right to choose their Bishoppes It is not expressed and conteyned in the scriptures that everie man must choose his owne wife or that everie woman must choose her own husband And yet by the doctrine expressed or conteyned in the scriptures is it true that no man hath right either to choose an other mans wife or to choose an other womans husband And that everie man hath right to chose his owne wife and every woman right to choose her owne husbande Againe it is not expressed and conteyned in the scriptures that infantes must bee baptized Neither is it expressed and conteyned in the scriptures that the Bishopp of Lichfield must haue but one wife Yet because it is conteyned in the scriptures that God in the beginning brought but one woman vnto one man and gaue to one woman but one husband I assure my selfe it wil not be denied but that the Bishops must and doth content him selfe with one wife and that every Christian ought to bring their children to be Baptized Besides if Maister Bilson distinguish Bishops in England from Pastors in England and Arch-Bishops in England and Pastours in England two severall orders and degrees of Ministers in the Church of England then I graunt that it is neither expressed nor cōteyned in the Scriptures that the people must choose their Bishops in England And why but because the Scriptures having put no difference betwene Bishops and Pastours knowe no such Bishops as wee haue in Bishopps in England are only Bishops by the Kings grace not by diuine institution England And therfore Bishops in England being Bishops only by the Kinges grace and not by divine institution and ordination as Pastours in Englande be hence is it that the Kings of England by their prerogatiue Royall and not the people by the rule of Scriptures haue chosen their Bishops in England And for this cause also was it that Kinge Henry the eight with advise of the Parleament did reassume the nomination appointment investiture cōfirmation of his Kingly Bishops from the Pope As for the nomination of Pastoures having cure of soules in parishes otherwise Pastors in parochiall Churches were neuer placed by the King as Bb. are in their Bishoprickes then all patrones by right of patronage doe giue presentmentes their choyse institution translation or deprivation the Kings of Enland by their regall power never yet hetherto tooke the same vpon them And if the Kinges 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 then by vsurpation can the Bishops haue to impose or thrust vpon the people Pastours without their liking But by custome and consent the people haue restreyned them selves Herevnto if it were not already sufficiently answered that the people could not lawfully restreine them selves yet Maister Bilson him selfe answereth That the late Bb. of The people lost their cōsent by cursing fighting of the Popes Rome neuer left cursing fighting till they had excluded both Prince and people and reduced the electiō wholy to the Clergie By cursing and fighting then haue the people bene overruled and excluded and not by custome or consent haue they restreyned them selues Yea by vertue of this cursed fight onely doe the Bishoppes of Englande at this day exclude both Prince and people from medling in the choyse of Pastoures For by authoritie of the canon law made by those late cursing and fighting Bishopps of Rome the Bishoppes of Englād haue the sole ordination and placinge of Pastours over the people And from hence also is it playne that the peoples right was not by their default or abuse relinquished and forfeyted For then then late Bishoppes of Rome needed not to haue cursed and fought for it And now whether it bee not meete that the Lord Bb. professing them selues to bee Christian Bishoppes should still reteyne in their handes and not restore vnto Christian people the possession of their Christian equitie and freedome extorted from them by the cursings and fightinges of antichristian Bb. I leaue it to the consideration of the reverende Bishoppes them selues Touching the mischieves and inconveniences of schisme troubles strifes contentions so often inculcated and so much vrged 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 auncient or late Historie that any Kinge or Soveraigne power hath interposed any supreame authoritie to appease any discord or dissentiō ensuing or raised vpō the bare choise made of any meere Parochiall Pastour by any faithfull and Christian people The schismes strifes and factions that were raysed in the old Schismes contentions spring from schismaticall and proud clergy maisters Churches sprang out and flowed onely from the heads and fountaynes of those schismes strifes factions and namely from proud ambitious and hereticall Bishops and great Clergie maisters For they being infected and poysoned with the contagion of schisme and heresie having sowred the mindes of their Disciples with the leaven of their hereticall doctrines no merveile if the people
became followers of the evill maners of their teachers and no merveile if they verified the proverbe Like Maister like Man like Priest like People Eustatius Bishop of Antioch being a Sabellian hereticke Socr. lib. cap â—8 was deposed by the Counsell of Antioch after whose deposition a fiery flame of seditioÌ„ was kindled in Antioch 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 beeing both Arians with their coÌ„federates raised skirmishes Socr. lib. 2. cap. 2. and tumults against Athanasius After the death of Alexander Bishop op Constantinople about the electioÌ„ of a Bishop there was greater sturre then ever before time and the Church was more greevously turmoyled The people were devided into two parts the one egerlie set with the heresie of Arius claue to Macedonius the other cleaved very coÌ„stantlie Socr. lib. 2 cap. 4. to the decrees of the Nicene Counsell and choose Paulus to bee their Bishop The cause of division among the Citizens of Emisa about the election of Eusebius Emisenus was for that he was Socr. lib. 2. cap. 6 charged with the studie of the Mathematickes and accused of 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 authours and chiefe doers in that sturre were certaine Arian Bishops who before ayded Eusebius that turned vp Socr. lib. cap. 9. side down the whole state of the church These and sundry such like sturres discords factions dissentions are found to haue bin raised pursued by schismaticall and heretical Bishops their favourites followers in the olde Churches but that these or the like mischieves and inconveniences can be proved to haue fallen out by the election of parochiall Pastours in the olde churches we deny And why then should not the interest and freedome of faithfull 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 intreate the Lords Bishops that against the grounds of reason and nature against Christian equitie A request to the reuerend Bishoppes and society against the right freedome of the lawe of God against the principles of humaine fellowshippes against that which was in the beginning and against that which the Apostles left in the Churches by colour of lawes brought into the Church by the cursings and fightings of the late Romane Bishops they would not hencefoorth barre seclude the Kings Christian and faithfull people from giving their consents vnto their Pastours Yea and we further beseech their Lordships that as schollers vnto the Apostles and as servants vnto the olde way of reason of nature of the law of God of the equitie of Christ and of humane societie they would hereafter imbrace that way which was from the beginning which is the old way and the best way and not any loÌ„ger persist in a cursed and quareling way which is the new way and the worst way But if the Lordes spirituall A supplication to bee King by the Lords and commoÌ„s for the restitution of their right in the choyse of their Pastors of their owne accord shall not readily voutchsafe to yeelde vnto vs this our right at our intreaty then for my part I will briefly shew mine opinion what were expedient for the Lords and commons in open Parleament dutifully to pray and to supplicate at the Kings Maiestes hande Namely At the humble petitions and supplications of all his Lords temporall and Commons in Parleament assembled his Maiestie would be well pleased to giue his Royall assent to an Act to be intituled An Act for the restitution of the auncient right and freedome which the people of God in the old Churches had and which the people in England ought to haue in to or about the election of their Pastours and abolishing all papall power repugnant to the same For if as it is plainlie confessed the people of all Churches haue right and freedome by the law of God by the equitie of Christ by the grounds of reason and nature by the principles of humane fellowshipps and by that which was from the beginning to elect their Pastours and if also the same right and freedome being left to the old churches and especially to the Church at Ierusalem by the Apostles haue bene taken away by the cursings and fightings of the late Bishoppes of Rome then can not the people without violatioÌ„ of those lawes rules grouÌ„ds by any Episcopall power bee anie more excluded from their said right and freedome then could or might the ancient iurisdiction of the Crowne of England haue bene still vsurped by the Pope froÌ„ the Kings of Englande Admonition But alas the common people of Englande thorough affection and want of right iudgement are more easily wrought by ambitious persons to giue their consent to vnworthie men as may appeare in all those offices of gayne or dignity that at this daye remayne in the choyse of the multitude Assertion The Admonitor in one place of his admonition telleth vs that he must not put all that he thinketh in writing and yet he writeth in this place that thinge which might farre better haue bene vtterly vnthought then once written For could he thinke to winne the common people of England to a continuall good liking of high and stately Prelacie by vpbrayding and charging them to their faces in a booke dedicated vnto them with affection and wantinge of right iugement Was this the way to procure grace favour and benevolence at their handes And albeit this slaunder deserued rather to haue bene censured by the Commons in Parleament then by confutation to haue bene answered yet for the better clearing of the right iudgement of the common people givinge their consents to most worthie men in all offices of gayne or dignitie remayning in their handes I thinke it necessarie to shew the indignitie of this contumelie There be I confesse in London Yorke Lincolne Bristow Exceter Norwich Coventry and other principall Cities and Townes corporate Mayors Sheriffes Stewardes Recorders Baylifes ChaÌ„berlaynes Bridge-maisters Clerks Swordbearers Knightes Burgeses and such like offices some of dignitie and some of gayne but that the officers of these or any other places whether of dignitie or gaine be chosen by the multitude of those places is vtterlie vntrue for onely accordinge to their auncient customes priviledges and Charters by the chiefe Citizens Townsmen and Borough-maisters are those officers chosen The number also of which Electors in all places is not alike In London the Aldermen choose the Lord Mayor In other Cities and Townes sometimes eight and fortie sometimes fourteene sometimes twelfe sometimes only such as haue born office as Mayors Sherifes or Baylifes in the same places
Archdeacons Chancelours and Officials Therefore there may be or wil be moe excoÌ„municated by their Lordships their Archdeacons Chancelours c. then in Communion The assumptioÌ„ though I cannot warrant the same to be simply true yet I may safely warrant it to be drawen from the Admonitors owne experience For I let passe sayth he that experience teacheth that men of stubbernes will not shunne the coÌ„pany of them that be excommunicated c. and that they must bee excommunicated Bishoply excommunication hath manie deformities for keeping of company with them And so it will fall out that moe will bee excommunicated then in communion but this last consequence say I caÌ„ not follow vnlesse he first presuppose both his antecedents to be true And therfore because he must needs be intended to haue spoken of that kind of excommunication whereof he hath had experience it followeth that these deformities and inconveniences whereof he speaketh must needes be found in that excommunication which he his vse For of the other kind of excommunication hee neuer yet had any experience And then by experience he could not speake If he spake not of his owne experience but of the experience of some other men then haue we but litle cause to beleeue him because wee know not what maner persons those were from whom he drew his argument of experience and whether they reported deceytfully or truely of their own experience or no. And if this argument drawn from the experience of his owne maner of Discipline be of sufficieÌ„t validitie to impugne as he weaneth that Discipline by excommunication which so much as he saith is cryed for and whereof as yet hee never had experience how much more effectuall then is this argument to overthrow that his own maner of discipline which he so long time to so small profit and with so great inconveniences deformities hath so vnprofitably practised For can there be any greater deformitie By discipline of Bishopply excommunication one may bee a community then that one member should be supposed to bee the whole body or that one man should make a communitie And yet this deformitie by his experience may fall out to bee seene even vnder that discipline which every ordinarie exerciseth For if by processe ex mero officio an ordinarie should excommunicate any one of his iurisdiction for not communicating with an idoll minister or for holding that Christ in his soule did not descend into hell or for denying reading to bee preaching and withall should pronounce all them to be men of stubbernes which would not shunne the company of him so excommunicated And for that cause also should excommunicate them as is here supposed lawful to be done were it not a cleare case that the body of that church must now be taken to consist only in the person of the ordinary one member to become the whole body For if all vnder his iurisdiction were once excoâ—â—municated how could then any bee in communion with him And if they all were once excommunicated must not the ordinary then alone be the common vnion and so make a communitie And what a deformed kinde of excommunication then is that kind of excommunication whereby it may fall out that to be one is to be many and that to bee a church a company a societie and a fellowâ—hip is to be one of which nature and of which kind that maner of excoÌ„munication which by Pastours and Elders is to be executed can not be as hath already bin proved If then excommunication now vsed be a deformed kinde of discipline and therefore as we say to be no more tollerated and if excommunication by Pastours and Elders bee a kind of discipline for the incoÌ„venience thereof as hee saith not to be planted what maner of discipline by excommunication would he haue in thâ—se dayes The Admonitor would haue no excommunication at all trowe we would hee haue none at all verely I suppose none at all For so doe â—his words plainely insinuate by two reaâ—â—s following First saith he the loose 〈…〉 of these dayes require discipline of â—â—arper lawes by punishment of body and danger of goods which they doe will more feare then they will excommunication Secondly wee haue saith he a very good maner of discipline by the Ecclesiasticall commission which doeth much good and would do more if it were more common But why did he not speake plainely and why did he not affirme devoutly that discipline by excommunication was good where the church was in persecution and that it is not necessary nor so convenient vnder a Christian Magistrate as it may be otherwise For if Pastors and Elders were appointed ioynt officers only for timâ—s of persâ—cution and not to be vnder Christian Princes it followeth these ioynt officers ceasing that al accessaries appeÌ„dices and consequences of their ioynt offices must also cease vnlesse it can bee proued out of the holy scriptures that the offices of Pastours ought stil to continue that the offices of Elders ought not to continue because the offices of Elders with all their appendices haue bene translated by our Saviour Christ vnto Archbishoppes Bishops Archdeacons their Chancelours Commissaries and Officials For vnlesse these Officers be Christs Officers the discipline which they vse cannot bind the consciences of the people of God And for this cause is it very probable that he so coÌ„mendeth discipline of sharper lawes discipline by the Ecclesiasticall commission For if these officers by their discipline haue not to doe with the consciences of men then is it no merveyle that men feare not their discipline And therefore if they wil be stil 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 indeede authoritie from God to execute discipline by excommunication as Pastours and Elders did in the primitive Church then were the loosenes of this age never so great yet that the children of God in Englande would more feare the losse of goodes landes bodies or lives then 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 lande and let them answere me hardly if they iudge themselues to be the children of God had seven times seven thousand liues whether they had not rather seven thousand times be coÌ„mitted to the Iaylor of Winchester then once be delivered over to the Iaylor of Hell And are not all the children of God in Englande 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 delivery of the soule to Sathan then the punishment of body and danger of goods And yet touching this point of excommunication he seemeth Admonitor supposeth it to be a fault not to excoÌ„municate that Prince and Rulers and
notwithstanding our Soverayno Lord King IAMES the King of Scotland had gratiouslie written for his deliverance And how theÌ„ would the Admonitor haue the people coÌ„tented with such a moderation of Ecclesiasticall discipline as the Ecclesiasticall Commissioners many times vse For did he think that everie manner of discipline vsed by the high Commissioners can not be but a verie good moderation Why then let some of the CoÌ„missioners tell the people whether the Ecclesiasticall commissioners An oath tendered by the Ecclesiastic Commissio vnto M. Vdall in case of fellony vsed a very good moderation manner of Discipline Ecclesiasticall against the same Master Vdall when they tendered vnto him a corporall oath to haue appeached him selfe vpon a matter which was adiudged to be felonie or let them declare what a very good manner of discipline Ecclesiasticall certeyne Ecclesiasticall Commissioners vsed when hauing a Gentleman before them wearing long hayre they constreyned the same Gentleman by force and stronge hande to haue his head notted in their presence The wearing of long hayre by our lawes being not reputed an Ecclesiasticall crime no although the same be worne by attendants vpon the reuerend Bb. wayting on their trenchers Or lett them signifie vnto vs what a good manner of discipline and moderation it was for a Bb. and his associates to make an act in the high commission Court repugnant The Minister authorized to put sacramental bread into the mouth a of communicant to the institution of our Saviour Christ and contrarie to the order appoynted by the booke of common prayer that the Minister should put the sacramentall bread into the mouth of a superstitious communicant and not deliver it into his handes After our heartie commendations sayth the Bb. his associates whereas I. V. one of your charge hath bene often convented before vs her Maiesties Commissioners in causes ecclesiasticall for not receyving the holy Communion it seemeth vnto vs that he hath not of any contemptuous minde refrayned from the same but is willing to receyue it so hath bound him selfe saving that he hath a scruple in his minde by reason of a fond vow or promise he made long agoe wherof he is sorie never to receyue the Sacrament into his hande but to put it into his mouth by the Minister And therefore we pray you to beare a time with his weaknes permit him to receyue it in that sorte vntill by your good counsell and persuasion he may be reduced from that fond scruple And so we bidde you hartely farewell Your louing friends c. And seeing the Admonitor hath opposed a very good maner of Discipline Maister E. excommunicated by the high Commissioners most wherof were lay men by the Ecclesiasticall coÌ„mission against excommunication it seemeth that excommunication in his iudgement is no good or moderate discipline to be vsed by the Ecclesiasticall Commissioners And theÌ„ were it fitt that the people were resolved what a veâ—â— good manner of Discipline Maister D. W. and other Ecclesiasticall Commissioners vsed against Maister E. whom by vertue of the ecclesiasticall commission they excommunicated The tenor of whiche 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 coÌ„tumacem in poenam contumaciae suae huiusmodi eum excommunicavimus in hijs scriptis T. Concordat cum Regio Moreover it seemeth not an vnmeete thing that some ecclesiasticall Commissioners did make knowne vnto the people whether banishment be an ecclesiasticall discipline and what moderate discipline Ecclesiasticall the CoÌ„missioners vsed when they banished religious Maister Fullerton the Scott from dwelling at Warwicke or within certeyne myles thereof Or let theÌ„ informe the Realme what a very good moderation was vsed when by the Ecclesiasticall commission Authoritie committed to pursevaÌ„ts by the ecclesiastical commissioners for suppressing of Martines bookes and other bookes of argument against the Hierarchie they authorized drunken swearinge pursevantes to search mens houses to break vp their chestes c. the copie of which their letters is this viz. Whereas the bearer is say they by the Queenes Maiestie especially appointed If the Queene had speciallie commanded this search it is credible that her privie Cosisaylors should haue set to their handes rather theÌ„ the high Commissioners to make search and to apprehend certeyne suspected persons according to such particuler directions as he hath in that behalf receyved these shal be to wil and require and in her Maiesties name streightly to charge and command you and every of you to whom these shall apperteyne 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 hee shall thinke meete and hold suspected as well within libertie as without and that in them every of them to make due and diligent search And to search all manner of writinges letters papers bookes all other things carying note of suspicion sparing no studies chestes cubbards lockes or walles as also to apprehend examine and bring before vs such persons as by her Maiesties said direction therein appointed and wherein if he shall any way require your further assisteÌ„ce you may not fayle to yeeld him the same with al diligence dexteritie according to the trust reposed in you as you will aunswere for your default for the contrarie at your vttermost perill Directed vnto all Mayors Sherifes Iustices of peace and quorum Baylifes Constables Hedboroughes Tythingmen and to all other her Maiesties officers and subiectes c. But beit that all these maneâ—â— of disciplines were moderate and good ecclesiasticall Disciplines more to be vsed yet there may a scruple remayne which were fitt to bee discussed what a very good moderation maner of discipline within our remembrances was vsed betweene an Archbishoppe and a Bishopp both high Commissioners against certeyne Gentlemen one of their wives about these Articles following Articles obiected by her Maiesties high Commissioners for causes Ecclesiasticall against G. B. of B. and F. B. of B. in the Countie of L. INprimis We obiect vnto you G. B. and L. your wife that you haue within these seven yeares and so at this present doe keepe company and vse conference with divers persons disobedient to her Maiesties lawes and such as be suspected to resort and frequent vnlawfull coÌ„venticles Item we obiect vnto you to th' end you Quere whether this coÌ„ventioÌ„ were lawfull for this cause Quere against what law this enterteynment was and whether the Bishop of L. conversing with Popish Priestes and traytors did not more offend might the better
honorable CouÌ„cell keeper of the Kings privie Seale or two of them calling vnto them one Bishop one temporal Lord of the Kings most honorable Councell the two chiefe Iustices of the Kinges bench and common Pleas for the time being or other two of the Kings Iustices in their absence haue full power and authoritie to punish after their demerits all misdoers being founde colpable before them If wee search our statutes besids the Courts and matters determinable in these spoken of before we shall find that the complaints of errour whether it touch the King or any other person 31. E 3. c. 21 made in the Exchecquer should be done to come before the Chancelor Treasurer who taking to them two Iustices other sage persons are duely to examine the busines and if any errour be found to correct amend the Roles c. By reason of delayes of iudgments vsed in the Chauncerie in the 14. E. 3. c 5 Kinges bench common bench and in the Exchecquer it was assented established and accorded that a Prelate two Earles and two Barons chosen by the ParleameÌ„t by good advise of the Chancelour c. shall proceed to take a good accord and to make a good iudgement When it was complayned vnto the King that the profites c. of his Realme by â—0 K. 2. c. 1 some great Officers c. were much withdrawen and cloyned c. it pleased the King c. to coÌ„mit the surveighing aswell of the estate c. of his house c. vnto the honourable Fathers in God William Archbishop of Canterburie and Alexander Archbishop of Yorke c. by a statute of commission for a 6. H. 6. Sewers by a statute for punishmeÌ„t of b 11. H. 5. c. 25. periurie by a statut against making or executing of actes or ordinances by any c 19 H. 7. c. 7. Maisters c. being not examined c. by the Lord Chancelour Treasurer or chiefe Iustices c. By a statute for the erection of the Court of d 27. H. 8. c 27. AugmeÌ„tation by a statute for erection of the Court of firste e 32. H. c. 45. fruits tenthes and lastly by an f 27. Eli. c. 8 acte for redresse of erroneous iudgements in the Court commonly called the Kinges Bench By all these statutes I say it is very apparant that the Administration of publike affaires in the coÌ„mon weale hath never bene vsually committed to the advisemnet discretion or definitiue sentence of any one man alone Which point is yet more fully and more perfectly Lord president and counsell in Wales Lord president couÌ„sell in the North parts Lord Deputie counsell in Irelande The Kinge and his honorable privie Counsel to be vnderstood by the establishment continuance of the Kings Lord President and Councell in Wales of the Kings Lord President and Counsel established for the North of the Kinges Lord Deputie and Councell within the Realme of Irelande of the Kings Highnesse most honorable privie Councell chosen by him for the assistance of his Royall person in matters apperteyning to his Kingly estate and lastly of the supreame and grand Councell of the three estates in Parleament for matters concerning The Kinge his grand Counsell in Parleament the Church the King and the common Weale For whether respect bee had vnto the secrete affaires of the Kings estate consulted vpoÌ„ in his Highnesse Councell Chamber by his privie Counsaylors or whether we regard the publike tractation of matters in Parleament there can bee no man so simple as not to knowe both these privie and open negotiatioÌ„s to be carried by most voyces of those persons who by the King are called to those honorable assemblies And what a vaine iangling then doth the Admonitor keepe how idlely and wranglingly doth he dispute when against the government of the church by Pastours and Elders he obiecteth that the same will interrupt the lawes of the Realme that it wil be great occasion of partiall affectionate dealing that some will incline to one parte and that the residue wil bee wrought to favour the other and that thereby it wil be a matter of strife discord schisme and heresies Howbeit if never any of these extremities and dangers haue fallen out in the common weale by any partiall or affectionate dealing of the Kings Deputies Presidents Iudges Iusticers and other Officers Ministers associated vnto theÌ„ for the administratioÌ„ of Iustice or equitie in any of the Kings civill Courtes howe much lesse cause haue we to feare any partialitie affectioÌ„ working inclination favour strife debate schismaticall or hereticall opinions if once Pastours and Elders in every Congregation and not thoroughout a Diocesse one Bishop alone had the spirituall administration of the church-Church-causes Can many temporall Officers Iusticers and Iudges rightly and indifferently administer the law and execute iustice and iudgment without that that some doe incline to one part without that the residue bee wrought to favour the other part And cannot spirituall Officers dispatch spiritual affaires without that that they be partially 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 righteousnes and the residue be wrought to favor wickednes can some incline to God and vnto Christ and can other some be wrought to follow Satan and Antichrist For what other controversie is required to be decided by Pastours and Elders then the controversie of sinne betwene the soule of man and his God And is there any Christian Pastour or Elder that wil be wrought rather to favour the sinne of a mortall man then the glorie of his immortall God But to leaue the state of the Kingdome and common weale and the good vsages and customes of the same let vs come to the state of the Church it selfe and to the lawfull government thereof established even amongst vs at this day The gouerment of the Church ought not to be by one alone For whatsoever our reverend Bishoppes practise to the contrarie yet touching ordination and deposition of Ministers touching excommunication and absolution touching the order and rule of Colleges Cathedrall churches and the Vniversities the ecclesiasticall law doth not commit the administration of these things and regiment of these places to any one person alone The Vniversities admit not the goverment of the Chancelour being present nor of his Vicechancelour The gouerment in the Vniuersities not by one alone him selfe being absent as of one alone the Doctors Procurators Regents non-Regents haue all voyces and by most of their voyces the Vniversitie causes take successe The businesses The goverment in Colleges not by one alone of Colleges by the statutes of their founders are commended to the industrie and fidelitie of the President Vice-president and fellowes vnto the Provost Viceprovost and fellowes vnto the Warden Sub-warden and fellowes vnto the Maister
childes Baptisme should be of stone of pewter of brasse or of silver whether the Minister should descend to the lower ende or the childe ascend to the vpper end of the church Whether the child should haue a great handfull or a litle sponefull of water powred vpon his head In the celebration of the Lordes Supper it is directlie commaunded that the people shal stand sit or passe whether it should be celebrated every first or second Sabboth of the moneth whether in the morning at noone or at night In the ordination of Ministers there is no iust proofe to bee made that any certeyne number of Ministers are to lay on their hands that the day of ordination should be alwayes one that the Minister should bee of such an age or that the prayers should bee of this or of that lenght and forme of wordes And therefore touching these and such like thinges of indifferencie we agree with the Admonitor and reverend Bb. that one forme of externall orders rites ceremonies is not of necessitie to be in every Church because there is no such order witnessed by the holy Scriptures to bee of necessitie But touching the ioynt severall functions of Bishops Pastours and Elders that they or any of them should in any age or state of the church of Christ bee wanting or that such offices as by warrant of the Scripture are coupled together should be severed or that any other persons should be appointed to execute any functions in the Church then such persons only as for their functiōs haue warrant from the holy Scriptures wee can not in any sorte therevnto agree And why forsooth because all both offices and officers in the Church must only and alonely be derived from our Saviour Christ as from the only fountaine and bestower of all officers offices in the house of God And therefore albeit we should graunt as the Admonitor hath saide that the outward order vsed in the primitiue Church touching rites ceremonies by Bishops Pastors and Elders is neither necessarie nor so convenient as it may be otherwise in the time of peace vnder a Christian Magistrate yet we may not herevpō imply as his negatiue implieth viz. that Bishops Pastors Elders or any of them are neither necessary nor so convenient officers or governours as other officers of mans invention might be For which our opinion by the helpe of God wee shall assay as before hath bene mencioned in an other place to lay down out of the worde of God some iust proofes according to the Admonitors request that there ought to be in all ages and states of the Church this outwarde order forme of goverment viz. that Bishoppes Pastours and Elders ought evermore to bee spirituall governours and that evermore they and none other ought to vse that essentiall kind of spirituall goverment and none other which was practised by the Bishoppes Pastours and Elders in the Apostolicall and primitiue Church Allwayes leaving the outward rites and ceremonies of their spirituall kind of goverment to be indifferent as erst hath bene said FINIS Speaches vsed in the Parleament by Sir Francis Knolles and after written to my L. Treasurer Sir William Cecill TO the end I may enform your Lord shippe of my dealing in this Parleament-time against the vndue claimed superioritie of the Bishoppes ouer their inferior brethren Thus it was Because I was in the Parleament time in the 25. yere of King HENRY the eight In which time First all the Clergie aswell Bishops as others made an hūblie submission to King HENRIE the 8. acknowledging his Supremacie and detesting the vsurpation of the Bb. of Romes authoritie Vpō which submission of the Clergie the King gaue vnto the said Bb. the same ample rule that before they had vnder the Pope ouer their inferior brethrē saving that the same rule was abridged by statute by this parenthesis following that is to say without offending the prerogatiue Royal of the Crown of England the lawes customes of the Realm In the latter end of the Statute it was added that whosoeuer offendeth in any one parte of that statute their Aydors Counsellers and Abbetters they did all fall into the penaltie of the premunire And after I had recited this statute in the Parleamēt-house I declared that in King HENRIES the eight days after this There was no Bishoppe that did practise superioritie ouer their inferiour brethren And in King EDWARDES dayes the said Bb. obteyned a statute wherby they were authorised to keepe their Courts in the Kings name the which statute was repealed in Queene Maries dayes and was not revived in her Majesties time that now is wherevppon it was doubtfull to mee by what authoritie the Bishoppes doe keepe their Courts nowe in their own names because it is against the prerogatiue Royall of the Crowne of England that any should keepe a Court without sufficient warrant from the Crowne Wherevpon I was answered that the Bishopps do keepe their Courts now by prescriptions it is true that the Bb. may prescribe that King HENRY the 8. gaue them authoritie by the statute of 25. of his raigne to haue authoritie and rule ouer their inferiour brethren as ample as they had in the Popes time But this was no speciall warrant for them to keep their Courts by and that in their owne names And yet they haue none other warrāt to keep their Courts as they do 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 Bishopps should claime authoritie at this present to keepe their Courtes in their owne names as they do by prescription because the statute of 25. doth restraine thē generallie from offending of the prerogatiue Royall of the Crowne of Englande and the lawes and customes of the Realm And no man may iustly keepe a Court without a speciall warrant from the Crowne of England as is aforesaid And the generall libertie 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 keepe their owne Courtes in their owne names by prescriptiō 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 Kinge EDWARDS dayes In which time Archbishop Crammer did cause Peter Martir and Bucer to come over into this Realme to bee placed in the two Vniversities for the better instructiō of the Vniversities in the worde of God And Bb. Crammer did humblie prefer these learned men without any challenge to him selfe of any superiour rule in this behalfe over his inferiour brethren And the time hath bin that no man could carry away any graūt frō the Crown of England by general words but that he must haue speciall wordes to carrie the same by Therfore how the Bb. are warrāted to carry away the keeping of their Courts in their own names by prescriptiō it passeth my vnderstāding Moreover where as your Lordship said vnto me that the Bishopps haue forsaken their claime of superioritie over their inferiour brethrē latelie to bee by Gods ordinance and that now they doe only claime superioritie from her Majesties supreme goverment If this be true then is it requisite necessarie that my L. of Canterburie that now is do recant and retract his saying in his booke of the great volume against Cartwright where he saith in plaine wordes by the name of Doctour Whitgift that the superioritie of Bb. is Gods owne institution Which saying doth impugne her Majesties supreme govermēt directlie therfore it is to be retracted plainly and truly For Christ plainly truly cōfesseth Ioh. 18. 36. That his Kingdom was not of this world And therfore he gaue no worldly rule or proheminence to his Apostles but the heavenly rule which was to preach the Gospel saying Ite predicate in omnem mundū quicūque crediderit baptizatus fuerit salvus erit qui non crediderit condemnabitur Goe preach in all the world who soever shall beleeue be Baptized shal be saved but he that will not beleeue shal be condemned Mark 16. 15. But the Bishops do cry out saying that Cartwright his fellows would haue no goverment c. So belike the Bb. care for no govermēt but for wordly forcible goverment over their brethren the which Christ never gaue to his Disciples nor Apostles but made them subiect to the rule of Princes who ought not to be resisted saving that they might aunswer vnto Princes that they must rather obey God then men Acts. 5. 29. and yet in no wise to resist the Prince but to take vp the crosse and follow Christ FINIS
insinuate your selves into their companies you have tabled and boorded with the same parties and that you or one of you have bene heeretofore coÌ„vented for the causes aforesaid before the now lord Archb. his grace for enterteyning into your house a person whiche stood then and yet standed suspended deprived for disliking the booke of common prayer and other godly orders established by her Maiesties authoritie in this Realme Item we obiect vnto you the said G. B. and L. yourwife that you have not frequented divine service celebrated within your parish Church of Bothese vi 5. 4. 3. 2. or one yeares last nor doe not at this present at least every Sunday nor have receyved the holy Communion within your said parish Church during the saide yeares Quere whether the Bishop did not more offend the lawe of God by preferring these articles then the Gentleman did by procuring his children to bee Baptised by a preaching Minister having none at home Item that you the saide G. B. and L. your wife within the time aforesaid haue not Christened nor baptized your children within your parish Church but contrarie to the forme and order of hir Maiesties lawes in that case provided have eyther christened them at home privatelie in your owne house or have caried or caused them to be caried to other Churches And let them declare what Church and what Minister did baptise them and where and whether the same Minister did at the same baptisme signe the childe with the signe of the crosse and lett them declare the cause why they did baptize their children out of their parish Item that the Ministers pew or seate in the church of B. aforesaid by the directioÌ„ Note that the Bishop of L. was not Bishop of the Diocesse of the L. reverend Father in God the Bb. of L. that now is being at the same Church as also by the consent of the Minister and Church-Wardens there was placed in a verie convenient place of the Church to the end the parishioners there might the better heare and vnderstand the Minister at the time of reading the divine service Item we obiect vnto you that you the said F. B. within these vi or 3. monethes last past have without anie sufficient warrant or commaundement from the father in God the Lord Bishoppe of L. or his Chancelour or other having authoritie therein very disorderly and contemptuouslie remooved the same seat to the great offence of the parishioners and bad example of others Item we obiect vnto you that you know beleeue or have heard say that Za. G. is a Preacher of the word of God and a man of good life and conversation lawfull Parson of B. aforesaid Item we obiect vnto you that the premises notwithstanding you the said F. B. vpon a Sunday within a quarter of a yeare last past when the Parishioners of B. were assembled together at the saide Church to heare divine seruice caused divers serving men and others to sit in the pew or place which properly belonged to the Parson of the said Church so that when the saide M. G. came to take his place they thrust him and very disorderlie in the time of prayer kept him out of the said place Item wee obiect vnto you F. B. that about six yeares past you the saide F. brought into the Towne of B. a bastard child as it is credibly thought of your owne and there placed it at nurse and haue lately receyved it into your owne house to the great offence of the inhabitantes there and the bad example of others Et obijcimê° cu m duê° de quolibet Subscribed c. Wherevnto in the foote of these articles was added Maister B. I pray you let this matter be followed ex officio and the parties presently to be sent for by warrant Subscribed c. Now these Gentlemen according to the Bishoppes direction being presently sent for by a Pursevant to aunswere the articles obiected they foorthwith make their repayre to the Archbishop with a copie of the articles with whom they finde such grace as in their behalfe immediatly hee writeth to the Bishoppe as followeth SAlutem in Christo My very good Lorde I haue by meanes received these articles enclosed signed by your Lordsh hand and can not but greatly merveyle that contrary to the orders of the commission Court subscribed by your selfe the rest of the CoÌ„missioners you would cause a Gentleman of such a qualitie as Maister B. is to be sent for by a Pursevant before the ordinarie processe of a letter missiue Note that the signe of the crosse in Baptisme by an Archb. opinion is but of smal moment that suspicion of bastardie may easilie be dismissed were served vpon him especially for matters of so small moment Neither will it bee thought to proceede of any iust cause but rather of some other misconceyte when it shal be vnderstood that there is a controversie in lawe elsewhere depending betwene him and a kinsman of yours And therefore for the avoyding of his further complaint and other offence that may grow thereby I heartely pray your Lordship to suppresse the same and proceed no further therein Desiring you withall to haue due consideration of the cause least I be enforced to deale likewise in the defence of my kinsman as you doe for yours And so praying your Lo. Note that the 17. of Octo. was the Saboth day at what time the Archb. D. C. and D. B. sitting as Commissioners thâ— Archb. took pen inke and crossed the articles all overthwart and so sent them backe with this letter to returne vnto me aunswere herevnto what you meane to doe with my very heartie commendacions I commit you to the tuition of Almightie God FroÌ„ c. the 17. of Octo. c. Subscri c Vnto which letter also was added as followeth Maister B. I pray you according to the tenor of this letter to see that this cause of M. G. and F. B. bee dismissed from thence and if any be bouÌ„d to prosecute the cause against them let them vnderstand that I meane to heare it at c. otherwise let it wholie be dismissed and the bandes delivered The Bishoppes aunswere to the Archbishops former letters MAy it please your grace to vnderstand that I was the more willingly drawen to sende for Ma. B. in that sort because he was oft and of long time accused not only to be a disordered man him selfe but also a great and open mainteyner and carier from place to place of that wrangling puritane W. And as it is to bee prooued a refrainer from his church and from the CoÌ„munion as I am enformed And therefore if we haue omitted any circumstance or ceremonie it is in zeale of the redresse of such a disordered person Which if it should be fouÌ„d in your own brother I thinke your grace would not spare him Neuerthelesse if you yourselfe take it in hand to his redresse I for my part