Admitting a deacon neither yet there or in him is it necessarilie required but onelie it is said that The Bishop may vpon a sundaie or holie daie admit such a man so qualified as is there prescribed a deacon The other circumstances by the author set downe which he thought he might carrie awaie in a cloud with a streame of words as of Churches being destitute of a pastor of a solemne assemblie and conuocation of the cheefest of the gouernours of the church to be gathered togither in the cheefest citie of the diocesse to present c are required without booke by our author and are belike some Falsificatiō of the booke part of another platforme which he mistooke in stéed of this church of Englands order But if he inforce those words of the statute 8. Eliz. confirming the said booke And shall from hense-foorth be vsed and obserued in all places within this realme for the necessarie obseruation of euerie circumstance arbitrarie afore then must we desire him to rub ouer his logike and his law and to remember that herein we must Reddere singula singulis that such things as were of substance in the booke and such as were of circumstance or arbitrarie solemnitie are not hereby altered but are to be taken in that nature now as they were before in the booke As concerning the qualities requisit in one to be admitted a deacon I maruell he will number Follie in the author that which resteth in experience afterward and which the partie is to promise in time to come to performe to wit To be diligent in his calling as a thing to be weied before his admission And if by the circumstance of Calling he thinke may be inferred anie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or popular election or any other deuise whatsoeuer more than an inward good motion of the partie he may be conuinced sufficientlie by those words Shall present such as come to the Bishop to be admitted The circumstance of being presented by the archdeacon although at solemne and set ordinations it be most vsuall yet is it not of such necessitie but that it may as well be omitted as the Bishop may ordeine one alone when there is no more though the words of presenting doo run in the plurall number To which effect it is also said in the preface that the Bishop knowing either by himselfe or by sufficient testimonie any person to be a man of vertuous conuersation c may admit him c so that the circumstance of Presenting is not of any substantiall forme of the matter In reckoning the offices of the deacon our Falsificatiō author omitteth this limitation In the church where he shall be appointed also to baptize and to preach if he be admitted thereto by the Bishop and this likewise to serch for the sicke poore c Where prouision is so made as not seruing belike so fitlie his turne as he wisheth Whereby we may gather what libertie this man who findeth such fault with other for omitting such and so manie requisites as he fansieth dooth yet permit vnto himselfe to leaue out of his owne distributions 18. Section Pag. 32 33 34 35 36 37. OUt of a part of the forme of ordering priests in this section our author thinketh he hath obserued two Principall points for his purpose one that The minister chargeth himselfe to teach and instruct the people committed to his charge with the doctrine of holie scriptures and this he passeth ouer verie bréefelie The other which deserued with him a marginall direction is that The Bishop bindeth him as well to minister the discipline of Christ within his cure as the doctrine and sacraments of Christ c. and that therefore the minister may as well admonish denounce and excommunicate offenders within his charge as a Bishop may within his diocesse The first whereof perteining to teaching required of the minister although it prooue not a necessarie coherence of preaching with the ministerie séeing manie besides preachers as the father the maister and the housholder are to teach and instruct in godlinesse those who are of their charge yet is it more peculiarlie incident to the treatise here in handling than the other obseruation concerning discipline But shall we saie that this man is well aduised in seeking to inspire euerie minister with a power The authors contrarietie to execute all discipline in the church and that by law now in force when as in a peculiar treatise of this booke he laboureth to prooue that by law Excommunication by one alone is forbidden whereby he pulleth downe with one hand that which he built with the other and sheweth himselfe either verie forgetfull or passing inconstant And herevpon I would be resolued by the author or some other whether he thinke this endowment of euerie minister with the execution of all discipline admitting but not granting it to be so by law to be a conuenient policie for the vnitie and quiet of the church And whether he himselfe had not rather be vnder the forme now in practise in regard of his owne contentment than vnder the infinit dictatorship of his owne minister Or else whether should appellations from the judgement of the minister in this respect be allowed of and whether to the Bishop or to whome And whether the Bishop by this interpretation of law shall not reteine his authoritie of executing the discipline of the church vpon euerie particular minister and in euerie seuerall parish as aforetime seeing the author saith As well as the Bishop in his diocesse And if he shall what if the Bishop vpon good cause and for abusing of the authoritie shall suspend the minister from his iurisdiction of executing discipline Is he not at the same point he was at before And what if the Bishop himselfe dwell in the parish who shall then haue the preheminence And what if the ministers discretion serue him vpon some small or surmised cause to excommunicate some great péere or noble counsellor of his parish whose indignation may turne the whole church to great mischéefe Or to procéed against his patrone who peraduenture hath a bond of him to resigne As manie couetous coruorants and Nimrods haue in these daies whereby the ministerie is more enthralled to the corrupt deuotion of one man than by all the lawes that any waie may concerne them The author séemeth to me to diuide the discipline of the church which he would intitle euerie minister vnto into admonition denuntiation and excommunication If by denuntiation he meane the publishing of excommunication done by himselfe then is it a part thereof if as I rather thinke he meane the second degrée of procéeding vpon faults not publike specified in the 18. of S. Matthew then is this common with the minister vnto all other christians euen as admonition is being the first degrée And where the minister is the partie offended and hath not preuailed neither by his admonition in priuate nor his denuntiation before two or
his first conclusion that these thrée The examination the time for ordering and the presenting by the archdeacon and also The calling whereof he hath before not spoken one word are points Essentiall and causes formall dooth fall flat to the ground and much more his other conclusion depending thereof that none being no preachers whom he therfore called Toong-tied are to be accompted ministers bicause they are Not made according to the order forme of the statute Whereby he would beate not vnlearned ministers alone but withall like one blindfolded with malice he lasheth out at all ministers in whose ordination some such slender circumstance hath not béene perhaps vsed 41. Section Pag. 83 84. ID his question heere seeing All solemnities in the making of ministers as he thinketh are by the lawmakers appointment essentiall or substantiall in case some not of the least moment onlie and which might otherwise wel inough haue beene reputed accidentall bee omitted but other of greater weight which he reckoneth whether then men so ordeined By our statute lawe be ministers at all or no I doo answer that except he can both prooue all such whose omission he would inforce to ouerthrowe the whole action to be essentiall and also those other circumstances to concur which in the end of the next section sauing one afore I haue shewed to be required to the adnulling of an act for want of forme we must still accompt them for lawfull ministers in the church For although the Bishop who omitteth any of those which be of moment may be punished yet I for my part cannot accompt any point of the ordination to be the formall cause of the externall calling into the ministerie besides the words giuing the authoritie to execute that function and the two necessarie solemnities of praier and the imposition of hands I doo obserue in this section that he or his printer to gratifie him hath twise changed the forme of the letter from Romane vnto Italian as though they were not the authors onelie words but some allegation Also that among those things which he would necessarilie haue the Bishop to haue regard vnto and not to omit at ordinations he reckoneth this that the minister be mooued by the Holie-ghost and be persuaded of the sufficiencie of scripture to saluation and surmiseth verie vncharitablie these to be wanting in Too too manie of our ministers which no man but the spirit of the man himselfe which is within him can iudge so soone is he lept into Gods owne throne and faketh vpon him to set downe what lieth hid in a mans owne conscience Likewise is that of his ridiculous where he blameth the Bishop for ordering him that is not example to his flocke or will not teach c considering it is not possible for the Bishop to prophesie how the minister will behaue himselfe in his function afterward And the booke prescribeth not these as qualities to be attended before the ordination but as solemne vowes and promises before God and his congregation the more strictlie to tie the minister vnto the fulfilling of his dutie And so is this as foolish and wandring where he saith The vnlearned ministers the complaints to the Councell the Bishops owne records are glasses where in wee may see these omissions of forme and maner at ordinations not to be feigned I doo thinke verie few complaints haue béene made for not obseruing the forme of the booke and fewer circumstances omitted I am sure are recorded Touching his Daior proposition of his syllogisme That the forme not obserued by him which had no authoritie before that booke of ordering was by law confirmed except he meane it that they had no authoritie before to make them according to that forme is most apparentlie false and to be controlled by infinit lawes and canons which endow them with this authoritie as incident vnto their dignitie euen from the apostles times downeward Now the lawe is berie euident that * Gloss singul Caerd in Clem. 1. in princ de iure patronatus Phil. in c. qua fronte Ext. de appel If a forme be by law set downe to be done by an Ordinarie in that point wherein he had iurisdiction afore though the forme be not obserued yet the act done is of force and shall stand Therefore the vanitie of all that hath to this purpose hitherto by him béene said is hereby detected But admitting the conclusion were true That processe not made according to the order and forme of the statute were void how can he inferre hereof that all not being preachers whome therefore he calleth Dumbe and idoll-ministers are no ministers at all Dust we thinke that such as at their making ministers are able to preach haue this priuiledge peculiar onelie to them that no part of the forme can possiblie be omitted at their ordination and that other that be not able are all so vnhappie that the Bishop possiblie cannot at their ordination hit vpon it But what shall we saie then if one able to preach and another not able be at one time and in one maner ordeined togither shall the one shall both or shall neither for want onelie of some forme be ministers Indeed and by law according to this mans supposition 42. Section Pag. 85. THaue shewed before what force these reasons of similitude or comparison are of in all disputation but especiallie in matter of law His * L 10. ff de decuri first That the inserting of a mans name in the register of decurions will not make him a decurion without a due election being set by him vnquoted hath not so much as a colour or shew to prooue anie thing else but that euerie one is not straight without the outward calling of the church to be reputed a minister though he by some meanes haue gotten letters of orders The * l. 30. ff quaÌ„do dies lega cedat reason of the other law by him alledged whie the Iegacie giuen to an infant the day of hir marriage shall not be due before the be married and haue atteined twelue yeares of age is bicause before that time it is but a mocke marriage and may be dissolued at such age neither is reputed a iust and lawfull matrimonie before that time according to that * Institut de nupâ—â—s in initio Iustas nuptias inter se contrahunt ciues Romani viri quidem puberes foeminae autem viripotentes If he will applie this to his purpose then must he prooue that an ordination into the ministerie of any not able to preach is by lawe as no ordination the contrarie where of I * Sect. 30. haue afore shewed euen out of that statute which here he alledgeth where it was also said that the statute hath no one word to make void admissions to orders in respect of any default there touched as may appeare to those who will peruse it 43. Section Pag. 85 86 87 88 89. BIcause our author will make sure
iuri communi Statutes ought so to be vnderstood that they may adde somewhat to common right Circa sublimes literatas personas quae maioribus beneficijs sunt honorandae cum ratio postulauerit per sedem apostolicam poterit dispensari Conceruing men of Nobilitie and learning who with greater 3. Extr. de prebend c. fi de multa benefices are to be honoured the Apostolike sea if reason shal require may dispence with such And in another Chapter the same is confirmed Pag. 127 MVLTA ENIM in hoc casu dispensationem inducere videbantur literarum scientia morum honestas vitae virtus fama personae multiplieiter a quibusdem etiam ex fratribus nostris qui eumin Extr. de elec c. innotuit scholis cognouerant approbatae Manie things in this case seemed to leade to the graunting of a dispensation his learning his honest conuersation his vpright life and the good report of the person diuerslie commended euen by some of our brethren vvhich knevv him at schoole These gifts and graces these qualities these conditions are incident and appertaine by common right to these men that by waie of dispensation may possesse manie benefices Whosoeuer then is not commendable for his learning for his honestie for his sincere life or not of some auncient and noble familie the same man by lawe is vtterlie barred and secluded from this benefit The second qualitie required to the validitie of euerie dispensation is the waightinesse of some speciall cause as appeareth in the Chapter before recited in these words Cum ratio postulauerit when reason requireth And againe wee aunswere saith Alexander the third in a decretall Epistle written to the Bishop of Exceter that it belongeth to the iudgement of Extr. de voto c. 1. him that is President that hee consider diligentlie the cause of communication and so accordinglie to dispence And by the Chapter Magnae Extra de voto It is plaine and euident that there must be some speciall cause knowen for the which euerie dispensation is to be graunted For as I saide before to the ende that euerie dispensation be good and auaileable by Law there is required necessarilie both the abilitie of the person to whom and the iustice of the cause for which the same ought to be giuen For neither may an able man without a iust cause neither a iust cause without an able man moue the Iudge in anie wise to dispence And to tell you what these speciall causes are in few wordes they Pag. 12l are these vrgent necessitie and euident vtilitie of the Church Extra de ele c. cum nobis Propter vrgentem necessitatem euidentem vtilitatem ecclesiae Capuanae quam in hac parte potius approbamus volumus ipsum firmiter perdurare For the vrgent necessitie and euident vtilitie of the Necessitie vtilitie of the Church onely iust causes of a dispensation 1. q. 7. requiritis 〈◊〉 nisi Church of Capua which on this behalfe wee rather haue respect vnto our pleasure and will is that hee continue It is vnlawfull by common right for a Monke or laie man to bee admitted to the gouernment of anie Church with cure of soule yet notwithstanding if by reason of warre famine persecution or other extraordinarie cause the office of pastorall teaching did cease so that the people had none to instruct them in the waie of saluation now in this case it is lawfull for him that hath authoritie to dispence with a Monke or laie man endued with learning to the end hee might by instruction bring the people to knowledge It is vnlawfull that children borne of a Runne violentlie taken aware and married should be admitted to anie Ecclesiasticall orders Notwithstanding if the great profit or necessitie of the Church require they may by dispensation bee admitted Suppose there were a custome of long continuaunce and time out of minde in the Church of Paules contrarie to the first foundation of the Church that not onelie the Prebendaries dailie present at diuine seruice but also others absenting themselues should receiue euerie one a like some dailie pention either in money or some kinde of victuall this custome by lawe is voide because it is vnreasonable And yet notwithstanding anie iust and necessarie infirmitie of the bodie of anie Prebendarie or euident vtilitie of the same Church may bee a lawfull and sufficient inducement for the Ordinarie to dispence with the not restoring of that which was vnlawfullie taken vnder pretence of the former custome Pag. 129 If by the first foundation of the Church of Paules tweine Prebendaries were appointed to bee mainteined by the reuenues of the Church and the sayd reuenues were not sufficient for the mainteinance of these twelue the Bishoppe then in this case if the necessitie and vtilitie of the Church so require may annect certaine other Chappelles for the mainteinance of the sayde Prebendaries These examples doo sufficientlie prooue that euerie dispensation priuiledge or immunitie ought to bee grounded vppon some iust and reasonable cause and that the sayde iust and reasonable cause ought euermore to bee the vrgent necessitie and euident profit and commoditie of the Church And that the said vrgent necessitie and euident commoditie of the Church ought euermore to bee vnderstoode the well gouerning of the soules of the people If therefore neither vrgent necessitie or euident vtilitie of the Church require that anie one should haue manie Benefices yea rather if it bee most profitable and necessarie for the Chruch that one man should haue but a liuing appointed for one man and that by ioyning benefice to benefice and Church to Church the Church indeede is meruailously wounded grieued and molested and that the soules of the people are thereby not gouerned at all but lefte at randon to their owne direction hauing no guide to conduct them euerie one may euidentlie discerne dispensations in that behalfe to be altogether intollerable hauing no ground nor foundation of reason equitie or lawe but onelie graunted for the priuate gaine and iucre of some couetous and vaine glorious persons Whereas it may be answered that the statutes of the realme licensing diuerse Ecclesiasticall persons qualified either by degree of schoole or by seruice vnto nobilitie ought more to be respected in this behalfe then the reasons of the Canon law Herevnto I aunswere that for my part I heartelie desire and praie vnto God that these lawes might be respected and that the law of England might rule an English man in this case But alsse our lawes are bels without clappers they are founded but they found not they are bands but they binde not Pag. 13 For though by the statutes of the realme certaine noble mens Chaplaines others graduated in the Uniuersities be qualified and made capable of dispensations yet I denie the lawes of this Realme to approue anie manner of dispensations tollerable at all for anie kinde of these qualified men vnlesse the same be first in cases of
of the Church and honour of God which by good Ministers ought to be furthered A shippe maister or an Inne-keeper vsing the seruice of an euill mate or shippe boy or ff de exercit l. 1. § magistruÌ„ of an vnthriftie 〈◊〉 or Ostler is to make restitution if any thing be imbezled from his passengers or guests for the negligence of either of these in this case is punishable Quia oper a malorum seruorum vtitur Because he vseth the seruice of euill seruaunts By which Lawes the glose prooueth that though an Archdeacon haue authoritie by his office to examine and do present vnfitte men to the Bishoppe that yet the Bishoppe notwithstanding ought to be punished because the Bishoppe is answerable for the fact of the examinour sithence the examination is made by his commaundement and also for that Pag. 65 Reseruatum est episcopo ius examinandi illum Right is reserued vnto the Bishop to examine him examinatus enim examinatur in hijs praecipuè in quibus vertitur periculum animae A man once examined Glos c ad haec ver examinentur Extrauag de offi Archid. Glos 1. l. noÌ„ est ff de transact is to be reexamined especially touching those things wherein peril of soule consisteth Et factum quod est mutatur ex superuenienti causa And a deede once done is altered vpon a new cause An Archdeacon hauing by law the custodie of candlestikes copes and vestments and other idolatrous garments was remisse in safe keeping these things wherevpon the Pope wrote to the Archbishop and willed him straightly to require the said ornaments at his handes and Extrauag de statut regul c. cum ad Monasterium § penu further commaunded him to be punished and to make restitution if through his negligence or default any thing were perished in so much as by his office he was bound to the safe custodie of them Neither did he behaue himselfe Vt bonus pater familias in re sua gessisset As a good father of an housholde woulde haue done his owne houhoushold affaires And thus farre touching the Bishops vnworthily promoting vnworthie men vnto the ministerie touching vnworthie persons vnworthily promoted the decrees following tell vs what in like case should be done with them Pag. 66 QVAMVIS MVLTA FVERVNT c. Although many things were proposed against the Bishoppe of Calinea yet because Extrauag de â—tat qua â—ap vlt. he him selfe had confessed before vs that hee neuer learned Grammar neither euer hath read Donate and by euidence of the fact his ignorance of learning and insufficiencie is so apparant vnto vs that it were against God and Canonicall Constitutions to tollerate so great a defect in a Bishoppe wee haue thought good vtterly to remooue him from the execution of the office of a Bishoppe and also from the administration of the Church of Calinea If it might stand with the good pleasure of the Lord to moue once Iehosophat first with the Booke of God secondly with the Lawes of the Realme to make a generall visitation by men of sound and sincere religion and by men of valiaunt and stont courages I dare boldly auouch that the valew of the first fruites of benefices that might be made void by the iust depriuation of vniust possessours euen by the euidence of the fact it selfe would amount to a greater encrease of her Highnesse treasure than the best Subsidie that she hath leuied of them since the time of her gratious gouernement Neither is this Chapiter impertinent to this purpose though herein expresse mention be made onely of a Bishoppe For if you weigh and consider why the Bishoppe was deposed the same reason is sufficient likewise to depriue any inferiour person offending in the like case The cause of the Bishoppes depriuation was his insufficiencie and defect of learning and why then should not insufficiencie and defect of learning be as iust a cause to depriue a Minister of an inferiour calling being infected with the same disease The charge and function of the Bishop was to teach and gouerne others The same end is allotted to euerie one that taketh vppon him the cure of soules The Bishoppe wanting skill and abilitie to perfourme an office taken vppon hym is degraded and cast out and an inferiour Minister destitute of the same furniture is maintained and kept in Againe Pag. 67 ABBAS VERO c. But the Abbot whome all men Epis de statu Monacho cum ad Monast § Abbas ought reuerently to obey in all things howe much more should he be frequent with his brethren in all things hauing vigilant care and diligent circumspection that he may be able to giue an acceptable account vnto God of his office committed vnto him But if the said Abbot be a preuaricator or despiser of his order or negligent or remisse let him knowe for a suretie that hee is not onelie to be deposed from his office but also some other waie to be chastised considering not onelie his owne fault but the fault of others is to be required at his hand And againe Si quis Abbas cautus 18. q. 2. Si quiâ— Abbas in regimine humilis castus misericors discretus sobriâ—sque non fuerit ac diuina praecepta verbis exempln on ostenderit ab episcopo iâ—n cuius territorio consistit à vicinis c. If any Abbot shall not be circumspect in gouernment humble chaste mercifull discreete and sober and shall not shew foorth godlie precepts both in word and example of life let him be remooued from his honour by the Bishop in whose territorie he dwelleth and by the next Abbots others fearing God notwithstanding al the congregation consenting vnto his sin would haue him to be Abbot And therefore both these constitutions may serue to depriue all such Ministers as in life learning manners and conuersation are like vnto such Abbots Yea and touching inferiour Ministers the lawe hath likewise specially prouided as followeth Quod si fortè necessitas postulauerit vt sacerdos Extrauag de hereti cap. cum ex tanquam inutilis indignus à cura gregis debeat remoueri agendum est ordinatè apud episcopum c. But if happely necessitie require that a Priest as vnprofitable and vnworthie ought to be remoued from the charge of his flocke you must ordinarily repaire vnto the Bishoppe Againe Dictum est nobis presbyteros propter suam negligentiam canonicè degradatos It is tolde vs that certaine Elders were canonically degraded for their negligence And here it appeareth saith the glose Quod quis aequè deponitur propter negligenâ—iam sicut propter dolum That one is as iustly deposed for negligence as for collusion according to the Tenor of the Canon following Non 1. q. 1â— Si qui episc modo pro heresi vel pro qualibet maiori culpa sed etiam pro negligentia remou ebitur He shall not onelie be remooued for heresie or other greater
is bound by deceite an exception is giuen him As for example I haue promised vnto you my ground excepting the vse of the fruite thereof afterwards by collusion you perswade me to promise you yâ— same ground together with the vse of the fruite thereof this promise in effect is void because you vsed deceit in getting my promise Yea suppose that you for your part had not beguiled me that there had bene no deceit on your part but that I had bene beguiled only because the thing it self was wrongful iniurious in this case also your action shal cease your writ shall abate I dâ—m est c. If no deceite on the part of the demandant haue bene vsed but the thing it selfe hath in it deceit it is all the self same one case with the former For when soeuer any man shall make a demaund by vertue of that contract inasmuch as he doth demaund it he doth it by deceit As for example suppose I haue bought in good faith without collusion of you a peece of plate for lesse then the one halfe of the iust value thereof as suppose for eight pound which was worth twenty pound afterwards I couenant with you simply and you promise to deliuer me the same plate in this case if I sue you for the deliuerie of the plate you may vse an exception of guile against me because I deale deceitfully in demaunding the performance of a contract which in it selfe containeth iniquitie For this contract it selfe is against the equitie of law prouiding that a man should not be so vnprouident in selling his goods as to sell them vnder the one halfe of the iust value Pag. 88 And therefore in this contract being against law appeareth a manifest iniquitie because the plate being worth 20. pounds was sold by you for eight pounds a lesse sum then ten pound halfe of the iust price and therefore in it selfe by law without equitie and therefore neither to be demaunded by me neither to be performed by you And to make this more plaine and so to apply it to my purpose bona fides good faith in this contract ought to be in this sort You for your part and I for my part and we both ought in truth to thinke and be of opinion that you haue interest and right in the plate and so power to alienate and to sell it vnto me And therefore concerning the contract made betweene the Bishop and the partie because the Bishop oftentimes knoweth the partie that is to be made a Minister by him to be a man altogether vnlearned vnfit and vnapt to execute his ministerie duely and therefore cannot thinke him to be a man quallified as were requisite And because the partie that is to be made a Minister knoweth himselfe vtterly voyd of those graces and gifts which ought to be in him and therefore cannot beleeue him selfe to be truely called or moued to that office by the holy Ghost And because they both knowe that there hath bene no such calling no such tryall no such examination no such presentation c. As by the forme and order of the booke should be I say therefore that good faith wanting on both partes this contract made coulourably betweene them is meerely voyde and the one not bound by lawe to the other to the performance of the same and therefore much lesse the common wealth or the Church of Christ to tollerate their conspiracie or to beare with their collusion Non debet alterius collusione aut inertia alterius ff de Liber causa l. si pariter Extrauag de regni iure c. non est Extrauag eo ius corrumpi No mans right ought to be impaired by collusion or slouth of another Fraus dolus nemini patrocinari debet Deceite and guile ought not to patronage any And therefore sithence Non est obligatorium contra bonos more 's iuramentum An othe made against good manners is not obligatorie and that Nemo potest ad impossibile obligari Pag. 89 No man can be bound to a thing impossible and that Impossibilium nulla est obligatio Of things impossible there is no band And ff de reg in l. impossibilium Extrauag de reg nu in malis The impossibilitie of the contract made betvveene the Bishop and the minister cause that the contract is voyd that In malis promissis fidem non expedit obseruari It is not expedient that faith be kept in wicked promises I conclude that the impossibilitie or iniquitie of condicions to be performed by him that is made a Minister make the contract betweene the Bishop and him meerely void and of none effect in law And that the Bishop according to the true intent and meaning of the lawes whereof he hath the execution ought to cite and Ex officio to proceede and obiect against him in this sort You A. B. Parson of C. about twenty foure yeares passed at what time I had appointed a solemne day for making of Deacons ministers had called by my mandate men meete to serue the Lord in his holy seruices to teach his people to be examples to his flocke in honest life and godly conuersation came before me making a great bragge and faire shewe of zeale and conscience and of your knowledge in the holy Scriptures and that you would instruct them faithfully and exhort them diligently in the doctrine of saluation by Christ and in holinesse of life that you would exercise his discipline according to his commaundement and that you would be a peacemaker And all these things you faithfully promised and tooke vpon you to performe ioyning your selfe openly to the Lords people in prayer with a solemne vowe Now so it is as I vnderstand by your demeanor euer since that in truth you had no other ende but to steale a liuing from the church though it were with the murther of many soules You dishonoured the Lord you made an open lie in his holy Congregation you circumâ—ented me by guile and by craft deluded me you haue euer since falsified your worde You haue not preached one Sermon these many yeares you haue not instructed one of your parrishe in the doctrine of Saluation by Christ alone you haue not gouerned your familie as became one of your coate you haue not exercised the Discipline of Christ against any adulterer any swearer any drunkard lany breaker of the Lordes Sabbothes Pag. 90 you haue bene and are a quarreler among your neighbours you cite them to my Consistorie for toies and trifles and so abuse my iudgement seate you are an example of euill and not of goodnes vnto your flocke you meant no good faith at the first you wittingly tooke vpon you a charge which in your owne conscience you knewe was impossible for you to discharge you prophaned the Lordes most sacred name in praying hypocritically before him you haue not since repented you of these iniquities but haue continued obstinate in the same
than gaineful Et damnum quod De reg luris l. 6. c. damnum De reg iuris l. 6. qui sentit quis sua culpa sentit sibi debet non alijs imputari qui sentit commodum debet sentire onus The hurt which a man sustaineth by his owne fault ought to be imputed to him selfe and not to others and he that tasteth the sweete ought also to taste the fower And to â—ette passe that the Bishoppes haue according to their Canons earnestly and diligently exhorted Patrones of benefices to consider Title patrons proprietaries fol. a7 the necessities of the Churches and to haue before their eies the last daie the iudgement and tribunall seate of God and that therfore they preferre no man to any Ecclesiasticall liuing but him which by doctrine iudgement godlinesse honestie and iâ—nocencie of life is able to beare so heauie a burthen that they doe nothing therein but vprightly vncorruptly and truely To lette these passe I saie I aske Who made this euill man or this vnlearned man presented by a couetous Patrone a Minister Did the couetous Patrone No hee is a lay man hee may giue no orders And what reason is it then that a Bishop should finde fault with a patron presenting an vnlearned man to a benefice whom he himselfe before had preferred vnto Pag. 101. so high an office as is the office of the ministerie Is the benefice of more value than the office Yea rather is not the benefice due onlie by reason of the office If a man then be vnworthie of a benefice is not the same man much more vnworthy of an office If vnwise Bishops did not make vnlearned ministers couetous patrons could Lib. 6. de reâ— script c. fin Extraâ—â—ag de aetat qua litat c. accepiâ— mus iunct Glos in c. cum secundum Apostolum vers Liceat extra Depree hend neuer present vnlearned Ministers yea and I say more Quos idoneâ—s Episcopus reputauit ad erdines debet reputare idoneos ad beneficium Whom the Bishop hath reputed meete vnto orders them he ought to repute meete vnto a benefice But alas these couetous patrons are great beames in the eies of the Bishoppes Dluralitie-men and Nonresidents They feare if a couetous patrone may catch a simple poore man to bestow a benefice on him allowing him twentie poundes or fortie markes by the yeare and he to haue the profites that the fat should be wiped from their owne beardes and for that hereby they themselues are barred sometimes from fiftie poundes sometimes from â— hundred markes sometime from an hundreth pounds and yet themselues allowing their owne Curates not past ten pounds or twelue pounds at the most yea and sometimes binding them to to prouide their quarter Sermons too I hope a Christian in modestie displaying vnchristian practises may without offence report a merie and true ieft And therefore vpon a time in the audience of manie standers by it happened this Pluralitie-man and Nonresident taking oportunitie by the presence of a Patrone at the table and entring into speech of these matters seemed to lay the whole fault of not hauing the people better taught and hauing so bad men in the ministerie vpon such patrones as he supposed to be present at the Table The Gentleman hearing his discourse and perhaps galled too and knowing him to be a Pluralitie-man and a Nonresident in the end made this demaund of him Sir saith he is it not as lawfull for me a poore Gentleman in the countrie Pag 102. hauing the patronage of a benefice to bestow the same vppon some honest poore man conditionally to let me haue the profites thereof at a reasonable price allowing him a reasonable stipend for his seruice and paines in the ministerie though he can not preach as it were for me to giue the same benefice vnto you an Drenford man and a great Scholler and able to preath and yet will not or do not preach Is it not as lawfull for me to place such a one as I haue spoken of in a benefice of my gift and to allowe him his wages sirteene or twentie pounds by the yeare and to get quarter Sermons preached for him as it were lawfull for you had I frankly bestowed the same benefice vpon you to hire the same person or some other more ignorant and to giue him lesse wages and scarcely to preach quarter Sermons your selfe Had not this man suddenly beene stroken dumb and dead as a doore naile you shoulde as well haue heard his replie as you haue read the demaund And in good sooth what greater losse and hinderance hath the people of â—â—1â—â— by an vnlearned man their Parson not preaching and hiring out his benefice to his Patrone for fifteene pounds by the yeare then hath the people of P by a learned man their Parson not resident not preaching and hiring out his benefice of the same valewe to his Curate for fortie pounds by the yeare Surely as there commeth no greater good to the people of the one place by the one than commeth to the people of the other place by the other so is the one both lesse hurtefull to the common weale and also lesse sinnefull to the Lorde than the other Lesse hurtfull because the poore and needle of the one haue oft a good sliuer of breade a good dish of drinke at the Patrones doore yea sometimes a good meales meate at his table and a good fire in his Hall Pag. 103 But touching the hospitalitie and house-keeping of a Nonresident his kitchen chimneis are eure like the nose of a dogge euer colde neuer warme his Bailie playeth sweep stake he purseth his wheate in a fire-pennie bagge and carrieth his barley in a little budget sometimes fortie miles sometimes an hundred miles sometimes three hundred from his Parsonage yea out of Ireland into Cambridge out of Wales into Drenford from beyond Lincolne to Salis burie from besides Leicester to Cumberland from Malburne to Harley lesse sinfull to the Lord because the Patrone enioieth his right by couenaunts and goodwill of him that by Lawe is reputed the lawfull person and whom he hath presented yea oftentimes also with the consent of the people whose Clearke they willingly receiue to be placed amongest them But the person Nonresident against his promise to his Patrone against his othe to his Drdinarie without consent of the people against the lawe of man and against the ordinaunce of the Lorde robbeth and spoileth the people of the tenth of their labours and liueth idlely by the sweate of other mens browes But to let passe the answere made before to the Pluralitie man and to speake no more of the Bishops owne wilfull negligence in making vnlawfull Binisters and that therefore he hath no cause to complaine against Patrones for preferring unlawfull men to benefices whome hee hath vnlawfully preferred to so high offices and therefore not to be pitied in case by lawe hee were punished because hee shoulde haue looked
that a minister made though farre vnder that sublimitie of perfection which he fansieth is not rightlie and dulie called But in truth that rule which saith It is all alike that a thing be not done at all or not to be done as it ought is especiallie to be vnderstood where a man is exactlie tied to performe some thing in this or that sort wherein the bond in rigor of law is not satisfied except the precise forme and maner of the couenant be obserued But as the physicians doo teach vs that a man may be trulie said to be in health though he haue not that most exact temperature of qualities in which nothing is superfluous nor wanting bicause he is In latitudine sanitatis euen so bicause the sufficiencie required in a minister consisteth not in a point of perfection where no degrée of more or lesse is admitted but hath his latitude if I may so terme it a man may well inough 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 deserue the name of a sufficient minister which dooth not attaine to the highest degrée of comparison So there is a rule that it is in effect all one not to be and not to appeare to be Which though in a iudge who must followe Allegata probata it haue his place yet to other intents it cannot be said that a thing is not at all bicause it appeareth not As to the other rule which he bringeth that he is not said to paie which paieth lesse than he ought euerie child knoweth that though it be no full satisfaction yet if the creditor doo demand the whole summe hauing receiued part Dabitur aduersus eum exceptio de dolo And here in England if the obligor accept of part of his monie it is a barre against him that he cannot sue the forfeiture And therefore as it may trulie be said that a man paieth monie though he paie not all that he ought so may one well inough be said to be a minister though he be not so exquisitelie qualified as might be deuised 6. Section Pag. 11 12. THis § Pro defectu scientiae quoted False quotation with corruption in the margent Ext. de Praebendis C. venerabilis and brought by the author to prooue that He which hath vnworthilie taken vpon him the gouernement of anie church may foorth with forgo and renounce the same if it had béene honestlie handled and had made so fullie to his purpose as he would séeme he would not haue set vs a worke thus vpon a paire of tarriers to séeke it where it was not or else he would haue noted it amongst other as a fault escaped in printing But the saieng though fondlie depraued by him is found C. nisi cùm pridem Ext. de renuntiatione and no tidings are of it in the place whither he sendeth vs. The text it selfe hath For the most part a man may desire to giue place for want of knowledge which in his allegation is altogither omitted as though it were generall The text hath Praesul salubriter ei renuntiat The Bishop or prelat dooth not amisse to renounce the church to him committed which he must gouerne in both that is in spirituall and temporall things The Abstractor in stéed hereof hath Let it be lawfull for him that hath charge to gouerne the church in these things to renounce c. omitting wholie the word Praesul bicause he would haue retched it out to haue serued to euerie inferiour minister being neuerthelesse sufficientlie bewraied by those words About the charge of temporall things in which also as in spirituall things he which is here spoken of is to gouerne the church wheras in inferiour benefices there are no temporalties to be gouerned in right of such churches But the insufficiencie of knowledge which here is vnderstood and the authors plaine dealing herein is set out sufficientlie in the verie next word following Neuerthelesse although notable or eminent knowledge is to be wished for in a pastor yet competent knowledge in him is also to be borne with bicause according to the apostle Knowledge puffeth vp but charitie dooth edifie and therefore the perfection of charitie may supplie that which is vnperfect in knowledge * C. post translationem d. Whereby appeareth that euerie insufficiencie of knowledge yea in a Bishop much lesse in a minister is no sufficient ground for him to desire to giue place and to resigne but such ignorance and want of discretion as maketh him vtterlie vnfit to wéeld the spirituall and temporall matters of his church And where the text saieth He may desire to giue place it ouerthroweth the purpose for which it is by the Abstractor alledged as though a man might of himselfe foorthwith forgo and renounce his charge whereas * C. d. in fine C. dilecti d. C. quidam tendendi d. C. admonet d. C. literas d. C. cùm venerabilis Ext. de consuetudine indéed he is to desire it at his superiours hands or else he cannot resigne nor be deuested of his function And therefore the Maior of his second syllogisme of this section pag. 12. is not simplie true as by these laws here quoted more fullie may appeare 7. Section Pag. 12 13 14. IT is not denied but that the debilities and infirmities of age may be such as it should be requisite the superiour to giue such a one vpon his request leaue looking sufficientlie into the cause to giue place vnto another more able to execute that function and in case he doo not desire the relinquishment of it then * Ext. de clerico aegrotante per totum c. quia frater 7. 9. 1. the law in such cases prouideth that a coadiutor with some competent portion out of the liuing be assigned vnto him and not that he should violentlie be thrust out from a right * Reg. sine culpa de regulis iuris Pontificij once growne vnto him without his owne fault contrarie to all reason example and humanitie It were too lamentable that men which either as magistrates or councellors in the common-wealth or as faithfull stewards in the Lords house haue by due desert atteined dignities and offices during their life by reason of Gods visitation by sicknesse or for his blessing of manie yeares and old age which of it selfe as physicians saie is Quidam morbus should as old hounds be vtterlie shaken off to the wide world And where the Bishop mentioned in this canon did desire of the pope in regard of his age and infirmitie that by his aduise he might place another in his stéed our author plainelie falsifieng the text translateth Cum nostro consulto Falsification of the law Without aduise to the intent he might iustifie that without licence of his superior a Bishop or minister may renounce their function Yet euerie debilitie of bodie arising of infirmitie or of old age is not a sufficient cause whie a man either should desire or haue libertie granted to resigne And * C.
nisi cum pridem §. alia verò causa Ext. de renunc therefore the decretall epistle to the Bishop of Arles saith There is another cause for the which a man may desire to be released from the burthen of a Bishops charge which is weakenes of bodie arising either of sicknesse or of old age and yet euerie debilitie is not such but that onelie whereby a man is made vnable to execute his pastorall dutie for if vpon euerie weakenes of bodie the office of seruice once taken in hand might be forsaken in vaine had the apostle confessed that he did euen glorie in some his infirmities Seeing that the weakenes of age ought sometime no more to wey with a man to make him resigne than that ripenes of behauiour which often accompanieth old men ought to persuade with him to continue in his owne function For of such saith the apostle When I am in weakenes then am I stronger for sometimes the weakenes of the bodie dooth increase the valoure of the mind But now againe he leaueth the matter of resignation and for proofe of his principall issue he bringeth two allegations one out of the common Extrauagants and the other out of the Clementines which doo séeme to me to be brought in but to make a number and culled out without choise there being much more pregnant places to that purpose which in his cursorie and desultorie perusall of these bookes did escape his hands For these doo onelie require that vnfit persons in knowledge maners or age be not preferred to ecclesiasticall liuings whereof I would gladlie learne how it could follow that therefore whosoeuer is not able to preach and is not endowed with all those gifts which are in this discourse required is for want of knowledge vnfit which is his generall scope where at he leuelleth Which knowledge and skill to be able to profit the churches where they serue that it is no such exact cunning as he dooth beare vs in hand hath partlie appeared afore and better shall appeare afterward And trulie his choise was verie slender when he chose the preamble of that canon wherein the pope pretendeth bicause he would be sure to haue such chosen as should both gouerne and profit the church that therefore he taketh the prouision and bestowing of all ecclesiasticall liuings into his owne hands which should happen to fall void in the court of Rome or within two daies iorneie of the same The Constitution of Otho alledged telleth what kind of maister is indéed required yet without mention of anie preaching nor yet in that strict maner but that occasions may happen that a man more meanelie qualified may be tolerated in the ministerie In which respect the * Gl. in constit Otho Sacer ordo verbo illiteratos glosse saith If the preests should be poore either by their parentage or through the barrennes or wasting of the countrie so that they could not applie their studie but should be driuen otherwise to get their liuing by handie labour it is to be thought that then they ought with fauour to be tolerated yet so that they be something more skilfull than lay men especiallie about the sacrament of the altar whereabout they are dailie occupied Which is the verie case of this our church in manie places the more is the pitie His next allegation out of the same place he hath both mangled FalsificatioÌ„ and falsified For where the Constitution inueiheth against those that haue the liuing and roome of priests being not in orders but more like souldiers than priests As hauing no care of holie life or learning this he maketh generall vnto manie besides And where the text hath Simplex sacerdos that is saith the * Gl. ibidem verbo simplex sacerdos glosse not intituled to the church but a stipendarie curate he adding to the text translateth it A sillie ignorant priest 8. Section Pag. 14 15. THis Constitution of Otho amongst other things forbidding vnlearned men to be ordered ministers dooth not prooue euerie one to be vnlearned that is not fit to preach and expound scriptures which is a point of more competent skill than an abilitie as occasion is offered to exhort to good life to dehort from vice or to comfort in aduersitie though the same cannot to anie purpose be done without some skill and practise in the scriptures And therfore the author hauing so slenderlie prooued that which is his intention had the lesse cause herevpon thus to set vp his fethers and vntrulie and gibinglie to saie that the canons published 1571. and the aduertisements doo yéeld testimonie that the Bishops A slaunderous vntruth doo proceed first and inquire afterwards that they first giue the minister a charge appointing him to teach and afterwards send him to the Archdeacons or his Officials court to learne whereas the said canon agréed vpon but not yet that I can learne confirmed by authoritie and the aduertisements alledged doo onelie charge the Archdeacons and their Substitutes to take an accompt in their visitations of the meaner sort of the clergie of certeine chapters of the new testament without booke to the intent it may appeare both how they profit in scripture and that thereby they may be the more perfect in the text Which thing if it should be also performed voluntarilie as a priuate exercise by the best and most learned ministers that we haue I thinke it might greatlie profit them and no modest man would interpret it so that they did but then begin to learne the scriptures as héere is odiousâ—â—e insinuated It is reported of B. Latymer of reuerend memorie being accused by his persecutors neuer to haue exercised himselfe in scripture bicause they saw some debilities of old age appeare in him that he should answer that the baie trees in Clare hall in Cambridge were able if they could speake to witnesse with him that he conned without booke vnder them all the epistles of S. Paule The words of Barthol are not as our author hath alledged them but thus Qualitas adiecta verbo intelligitur secundum tempus verbi and they are brought in by him onelie in waie of obiection against the text which is contrarie to this Corrupt dealing of the author rule as his solution of the said obiection dooth plainelie shew For he saith It is a * Bartol in l. si quis posthumos §. filium ff de liberis posth sufficient verification of these words he dieth intestat though a man haue made a will the daie of his death if vpon anie occasion afterward falling out as by the birth of a child vnto him after his buriall the said will and testament be reuersed So that we sée it is not generall that The qualitie adioined to anie verbe must be construed according to the tense of the same verbe The law which he quoteth ff de ferijs hath no one word giuing anie colour or sounding anie thing that waie The other * L. 43.
where he would conclude a necessarie presence of more people than the Bishops owne seruants at ordinations of ministers bicause by law domesticall folke are no fit witnesses in a matter not domesticall he sheweth as often afore he hath doone rather a desire to séeme to haue read some law than a care truclie to vnderstand or aright to applie it For it is notorious that men are not so fullie to be credited deposing any thing to the benefit of their maister or fellowes in houshold to the preiudice of a third mans interest And yet this notwithstanding where no benefit is to redound to their maister hereby nor any third man particularlie interessed I doo not sée whie in this matter they may not be as well credited to testifie afterwards if néed were what they did see to haue béene done as anie other whosoeuer Or must we beéeue that a Bishop at Lincolne being to ordeine a minister for the furthest part of his diocesse about Eaton must suffer the church to lie void till the Absurditie in the platforme husbandman and other of the parish leauing their necessarie trades vnfollowed will come on their owne costs so farre to be Eie-witnesses and eare-witnesses of the Bishops dealing and to sée whether he obserue the mane◠and forme prescribed vnto him 28. Section Pag. 60 61. Our author hauing brought such stuffe out of the canon and statue lawe as he could hit vpon and you haue heard leapeth héere backe againe to take another snatch out of the canon lawe for proofe of the peoples interest in the approbation and election of their ministers First bicause the glosse defineth Consent to be the will of manie vnto whom the matter apperteineth ioined in one together But this is a fallacie A petitione principis to assume as granted that any consent otherwise than afore is prooued dooth or did belong vnto the people in choise of their minister And if he will haue that rule of the canon law to helpe the matter That which toucheth all must be allowed of all surelie he will hereby ouerthrow all the ministerie if they must tarrie without roomes to minister in till euerie one euen the least and woorst in euerie parish doo agrée vnto the election of some one For that rule as Dynus and other doctors vpon Dynus al◠in reg quod omnes it do note cannot be vnderstood of Omnes vt vniuersi as it is in corporations where the greater part of voices are respected but must be taken Omnes vs singuli all and euerie one in seuerall that is any waie interessed and so one lewd disposed person might frustrate the good indeuours of manie thousands And dooth the author thinke indeed that this course is either expedient to be vsed or agréeable to the lawes and customes of this land Is it meet bicause it concerneth vs Seditious doctrine of the author all to haue good Princes councellors officers of the kingdome iudges and Bishops that all the people in the land or of one diocesse should haue a frée election and approbation of them But this kind of election he saith the Bishops themselues in certeine canons which were set downe and published but neuer by hir Haiestie ratified haue aimed at when they saie the Bishop shall laie his hands on none nor at any other time but when it shall chance that some place of ministration be void in his diocesse This indéed might make some shew against absolute ordinations but how it can open the peoples mouth to giue voice in election of their ministers I for my part cannot yet perceiue And therefore call backe againe your hastie conclusion whereby you are not content onelie togather An interest in the choise and appointment of their minister to rest in the people but also a speciall interest yea and a prerogatiue also therein belike aboue Prince Bishop Patrone and all 29. Section Pag. 61 62. Our author hauing alledged before some canons séeming to make shew of a kind of consent of the people which he would haue to be an election of their minister and knowing that Gratian taking vpon him to write Concordiam discordantium canonum did bring other canons also more direct on the contrarie part which yet he afterward reconcileth thought it best for his purpose to take exceptions against such as were not for his tooth vnder the person of pope Adrian whom he calleth Proud foolish his canons excluding laie men from election of Bishops ridiculous And yet * Adrianus 63. distin §. consecrationes Adrian testifieth that here in he decréed nothing which was not done in former old councels And the decretall epistle saith The whole * c. cum ecclesia Ext. de causa possess propriet election of common right belongeth to the Chapter And this is also the same Adrian which together with a generall councell decreed notwithstanding the election and consecration of Bishops apperteined to the cleargie that * c. 2. Adrianus dist 63. yet all Archbishops and Bishops in all prouinces should take their inuestiture of Charles the great then emperour Which is a further authoritie attributed to princes than vsuallie in most parts of christendome they doo at these vaies take vpon themselues In like maner Steeuen the Bishop of Rome * c. lectis dist d writeth to an earie néere vnto the emperour that whereas one was canonicallie chosen a Bishop it would please him to procure the emperours roiall assent thervnto according to the old custome that vpon obteining thereof he might procéed to the consecration of the new elect According to which Gratian also reconcileth such of these canons as in appearance séeme different thus In that the prince * c. cum longe §. electiones dist d. or people is required to be present at elections of Bishops they are not therefore to be called therevnto that they should make the election but to yeeld consent therevnto So that if he had weied all things aright he might haue perceiued both that his former allegations were not so forceable as to driue vs to runne for an answer vnto pope Adrians decision nor yet whie he should be so angrie with him who spake onelie of elections and consecrations of Bishops by cleargie men without excluding either the inuestiture or assent of princes and without any intermedling with ordination of inferiour ministers therfore it was not he that spake in his cast But there was least cause at all whie he should thus shuffle vp the canon before * c. non est dist d. alledged out of the old famous councell of Laodicaea either with this of pope Adrians or to reckon it among such latter canons as dare not once step foorth to séeke Any whit to impeach the truth of his assertions for it is so old and decréed by so good aduise of so manie graue and godlie fathers that it will not be ouerthrowne with such a blast His first reason for proofe that these canons by
him alledged are not to be impeached either by that of pope Adrians or any other like being taken out of the sixt of the Acts of the apostles is vtterlie besides his owne purpose Which is not to shew what is decreed in the word of God in any of these controuersed points but what is by canons constitutions and synodals prouinciall in force amongst vs. And therefore if this of pope Adrians or any other to like effect were not to the hurt of the prerogatiue rosall nor repugnant to the lawes and customes of this realme but had béene put in vre and practise before the making of that statute it might according to our authors foundation stand for law still in this land though it were 25. H. 8. c. 19. not consonant to the word of God Which I bring to shew the authors wandring from his issue and not in any such respect as though this his allegation might otherwise haue serued his turne For it is manifest that it cannot bicause that course of election mentioned in the Acts was not vndertaken for satisfieng of any expresse commandement of Christ but vpon an especiall occasion of a mutinie of the Gréekes against the Hebrues for that their widowes as seeming to be distrusted or contemned were in the administration of the common church stocke ouer-passed whereas the canons brought for proofe of excluding the multitude from elections were not grounded vpon anie one particular occasion but of the nature of the people and exigence of the cause it selfe That of the Acts speaketh of deacons onelie and is not read else-where in all points to haue béene obserued either in a Act. 5. choosing of an apostle of b Act. 2. ministers or of c Titus 1. Bishops There also the whole multitude of the disciples made choise without the apostles who ment thereby to auoid all suspicion of corrupt dealing which two circumstances no man will I hope require in choosing either of a Bishop or minister especiallie that the Bishops and other of the cleargie should be debarred from any stroke in that action séeing therein there cannot be the like cause of suspicion Where by the waie it is not amisse to be obserued how hard it is to kéepe a great multitude in the bounds of moderation séeing the Holie-ghost in the great sinceritie of that church in comparison of our times noteth no lesse where it is said In those daies as the Acts. 6. 1. multitude of the disciples grew there arose a murmuring c. Also that the apostles called them together and prescribed vnto them what they should doo in that point of externall policie and that according to the present occasion offered without any prescript word but onelie by the instinct of Gods spirit Further that the apostles set out the qualities of the men to be chosen but tied them to no certeine forme of election to be obserued neither doo we read what forme of election they then vsed Againe that the disciples were to looke out and choose such as they thought fit to be trusted with the church stocke but the apostles reserue to themselues the appointing of them to their offices if they should be found to be such as were described â—oreouer that the deacons were appointed for the further case of the apostles in some part of their function Lastlie that the disciples presented them to the apostles censures who by imposition of hands did as it were consecrate and authorise them to the function of deaconship Now if by this act our author mind so hard to curbe vp all churches as that he will accuse them to giue A counterbuffe to the Holie-ghost which in their ordinations doo not agrée herewith in all circumstances or if he will tell vs that something extraordinarie was here in this action not to be followed of vs then must he shew by direct scripture what was ordinarie and what extraordinarie least By his owne doctrine he seeme to accuse Christ not to haue dealt faithfullie in his fathers houshold in not giuing a perfect lawe Pag. 20 for gouernement of his church by discipline and must reconcile other places of scripture concerning the like action which doo not agrée in all points with this In the first of the Acts two are presented one is chosen by lot and no imposition of hands is mentioned here seauen are chosen the maner not set downe by the multitude and being presented to the apostles they all appoint them and laie their hands on them In the 14. of the Acts Paule and Barnabas are said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and to haue fasted but no mention is made of the imposition of hands here is no mention of fasting but of imposition of hands Here all the apostles did appoint them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the first to Titus he onelie is willed to appoint priests 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 according as Paule had prescribed vnto him Naie let him shew vnto me any two reformed churches of diuers nations that iumpe in all circumstances hereabouts or any one of them which permitteth this action without intermedling of the chéefe pastors vnto all the disciples or multitude of beléeuers in the said church which yet haue an interest in hauing a good minister But as I take it the chéefe swaie and moderating of such actions are in all other reformed churches in such men to whom this trust is especiallie recommended And hath not likewise for auoiding of sundrie inconueniences the whole church and realme of England by parlement wherevnto euerie man in the eie of the law is said to haue consented reposed this trust in a few choise men of the ecclesiasticall function Euen maister Beza himselfe concerning this place of the Acts dooth saie There is no cause * Lib. confess c. 5. whie hereof any man too curiouslie should prescribe anie speciall rule but if the conscience be vpright it will be easie to set downe what is expedient according to the circumstance of times and places His second reason as it séemeth is grounded of these words of Adrians canon Let no laie or secular prince thrust himselfe into the election of any Bishop Which if they be vnderstood as afore is prooued they ought to be concerning the election and consecration onlie reseruing by good reason as it hath béene alwaies at the common law in this land the licence to elect nomination roiall assent supremacie homage vnto hir Maiestie then is hir Highnes prerogatiue no waie touched nor any thing deriued vnto other which hir Maiestie claimeth to be due vnto hir selfe But to let both Adrian and his canon lie in the dust how can the canon of the councell of Laodicaea which bebarreth multitudes from election of those who are to â—e preferred to the ministerie impeach hir Maiesties prerogatiue Which if it by no meanes can doo then is our authors reason defectiue séeking to ouerthrowe all canons to this purpose bicause the canon of pope Adrian seemeth to him to
they haue thus decréed euen for the immunitie of popish priests and moonks Toute violence c. All violence and iniurious words against those of the church of Rome and namelie against priests and moonks shall not onelie be hindered but also shall be corrected and restrained so farre foorth as possiblie may be The conclusion for proofe whereof he voucheth viuers lawes and canons is that Both the man vnworthilie promoting and the man vnworthilie promoted is to be deposed Where if I should deale strictlie with him as a lawyer would I could tell him that there is great difference in law betwixt one vnworthilie promoted as perhaps some solemnitie required by the canon being omitted and one promoted being vnworthie The first case is so farre from * c. literas Ext. de tempor ordinand gl in 1. q. 1. c. si qui Epi. ver ordinationis deposition that it deserueth but a temporarie suspension from execution of some part of their offices at the discretion of their superiour For proofe of his conclusion he bringeth thrée allegations speaking no word of deposition but of punishment to be inflicted which without expressing can neuer be extended to deposition In ambiguis quod minimum est sequendum pro mitiori poena semper est interpretatio facienda And yet the first and the third of them doo speake of Bishops and superior prelats and not of inferiour ministers The first is * c. nihil est Ext. de elect elect poâ—est not aright quoted nor alledged For the punishment there set downe for confirming an vnworthie prelat is sequestration of the fruits of his owne benefice and béereauing him of power to confirme the next successor and in the words immediatlie * §. episcopi â—bid next following by him not alledged as once afore hath béene shewed a canonicall punishment by reference vnto canons to that end in force is appointed to the Bishop which shall preferre an vnworthie man to holie orders or ecclesiasticall dignities In his third allegation by ioining of two seuerall canons as one the one of them appointing a milder punishment than the other he hath disaduantaged his owne cause For where two punishments are laid downe the lesse is to be inflicted But neither of these canons * c. ex panitentibus 50. distinct c. aliquantos 51. dist doo speake of a man vnwoorthie in respect of learning but vncapable of orders in respect of some other canonicall impediment as infamie by law bigamie anddiuerse such like there specified But the glosse reconcileth not onlie that canon but all other which speake of disposition of him that ordaineth one vnworthie with those canons which doo suspend him onlie from ordination of others bicause the * Gl. in c. si qui Epi. c. q. 1. verb. ordinationis first are to be vnderstood when of contempt and pertinacie the Bishop shall with pretended purpose against the canons ordeine such and the other when he ordcineth vncapable men onlie of ignorance or negligence And againe this doubt in the same place is better resolued séeing there are diuers penalties for one offense and that the * c. graue Ext. de praebendis latter canons doo prefix the milder of both that therefore the easier penaltie must in both respects be practised And therfore I muse at the boldnesse of the man who leauing out the word Alià s Otherwise to wit when the Bishop of pertinacie shall ordeine one vnworthie he alwaies deserueth to be deposed Faâ—â—â—ficatioÌ„ dare alledge the words of the glosse generallie as though in all cases this decision had place The * Gl. in c. vnicum const Othonis de scrut ordinand verb. quare next glosse is likewise wrong quoted out of the legatiue constitutions of Otho but serueth not any whit for proofe of his conclusion bicause it mentioneth no penaltie but onclie ingreiueth the fault of him that dooth ordeine anie vnworthie His argument of comparison which he borroweth of the glosse of the câ—uill law to prooue that the archdeacons fault or ouersight cannot excuse the Bishop no more than a pilfering sailer shall excuse the owner of the ship who taketh fare of his passengers from restitution of that which is embezeled though great diuersities may be taken betwixt these two cases euen to this intent yet I will not greatlie gaine-saie seeing it is both lawfull and expedient that the Bishop himselfe should examine them for their sufficiencie in learning adding this neuerthelesse that the author here hath manifestlie falfified the glosse where he simplie saith the Bishop is to be punished for the archdeacons fault committed in examination For the * Gl. ibid. ver per Episcopum glosse saith to this purpose Indéed if the archdcacon doo it by the Bishops commandement then is the Bishop punishable but if the archdeacon doo it of his owne head as incident to his office then must he himselfe abide the penaltic of lawe That which he saith of A deed once doone which vpon a cause newlie arising sometimes may be altered cannot be applied to this that a Bishop may reexamine those whome the archdeacon hath examined though it be * Arg. c. accepimus Ext. de aetat qualit otherwise lawfull and in like maner can I not conieâ—ure for what purpose he bringeth though with a wrong quotation * c. eae quae Ext. offi de Archid. concerning the remissenes of an archdeacon in safe kéeping certeine ornaments of the church required to be punished by restitution of such things as by his default were perished except he thinke here by may be insinuated either that the archdeacons office alonclie dooth consist in such like duties and not in examination of ministers to be admitted or else that as he is to be punished for his negligence in these small matters so Bishops for such offenses as they shall commit about dealings of greater consequence Which if it be his meaning I must néeds iudge that he is verie mysticall that can fetch about so farre to speake so little to purpose But all these canons if they were as pregnant to prooue deposition as he would haue them are wholie ouerturned by his owne platforme of popular Contrarietie election For I thinke he would not endow the Bishop with an authoritie to ordeine another when all the people haue made choise of their minister nor yet punish him for their foolish choise 32. Section Pag. 65 66 67. THis section with some following being to shew the course of punishment against ministers being vnworthie of that function in the first place for proofe hereof is brought the depriuation of a Bishop against whome manie things were obiected and he himselfe had confessed that he neuer learned any thing De Grammatica of the Grammar nor had read any Grammarian no not Donat yea by the euidence of the fact it selfe it appeared that he was Illitteratus insufficiens Vnlettered and insufficient All which things ioined together being the
as in those cases alledged there an inference cannot be brought from one to another bicause in penalties we argue not to the like by like for d De paenit dist 1. §. paene 10. And. super gl ita c. si postquam de elect in 6. penalties go not beyond their owne proper case But to put this matter quite out of doubt and to shew the vanitie of this kind of reasoning once for all it is well knowne to those who are but meanelie studied in lawe that e L. non possunt 12. cum l. sig l. 27. 32. ff de legibus although the rule be that Where the same reason is there the lawe also is the same yet euen then when a difference can hardlie be taken and alledged this rule hath manie limitations namelie where some speciall lawe is repugnant to the argument drawne from the identitie of reason For as f Aristot li. 2. Rhetor. ca. de solutionibus Aristotle saith It is no inconuenience for two probable matters to be contrarie the one to the other For there is lesse authoritie in arguments than in lawes bicause right is g L1 ff de reg iuris l. 5. ff de probat not to be established out of generall rules but from especiall and particular decisions of lawe For if right should not be gathered out of lawes but from discourse of reasoning and from generall rules which be gathered vpon the lawes then would the law be not onelie infinite but also vncerteine yea and contrarie in it selfe bicause the rules of law be almost infinit and one reason may easilie be insringed by another reason And in this respect Tullie * Li. 1. de oratore saith In the ciuill law we are taught not by disputations to and fro which be infinit and full of alteration but by the authoritie and direction of lawes Also this rule holdeth not * L. 7. si pupillorum §. si praetor ff de rebus minorum where a man is adiudged or decréed touching some certeine persons for such a decree is not to be drawne to all cases which be alike Lastlie this reasoning and interpreting any case by a like lawe vpon the simsâ—itude of reason in them both is onelie * L. 11. Pomponius ff de praescriptis verbis L. 2. §. sed quia C. de vetcri iure enucleando L. 11. §. cum igitur C. de legibus permitted to him that hath soueraigne authoritie and rule and not to those that onelie haue single iurisdiction but much lesse to him that hath neither of both Neither is our authors intent any thing holpen by Bartol vpon L2 ff de ijs qui notantur infamia bicause he hauing there shewed that there is one degradation of souldiers or knights verball and another reall and when two processes and when but one to that purpose are required he saith Those things which I haue said of the degradation of soldiers the same is also to serue about degradation of doctors and clearkes not noting that for the like offenses they all are to be deposed but that the like maner of processe is appliable to them all As for that which is said that He which vsurpeth the ensignes or armes of a doctor being none is guiltie of forgerie can no waie serue for punishing such as haue the outward calling into the ministerie how vnworthie soeuer but such as doo vsurpe that calling without any externall calling whome other * Ext. de clerico non ordinato ministrante Canons more pregnant than this lawe dooth sufficientlie méet with 34. Section Pag. 71. NDw at the last our author hauing quit himselfe like a man and prooued sufficientlie at the least in his owne conceit all ministers to be vnworthie and to deserue in that respect depriuation which cannot preach least perhaps the magistrats though being by him so fullie persuaded should neuerthelesse faint in this action as not knowing what course to take in the maner of procéeding against them he verie gentlie taketh the paines to tell them out of Panormitane how they may safelie procéed to depriue them for their ignorance and want of learning But he maketh his processe to reach vnto those onelie who neither haue read any bookes of learning nor haue béene taught by others reading vnto them though his intended purpose was to disable all notwithstanding they had both read priuatlie and heard others in diuerse sorts of good learning if they were no preachers And therefore he calleth all such Idols dumbe bare mumbling ministers and hirelings But it is better to heare the words of Panormitane himselfe than his falsified paraphrase Panor in c. vlt. de aetate qualitate vpon them Note first saith he that want of knowledge is a lawfull cause to depose a man from a Bishoprike and then is it said there is want of knowledge when he knoweth not Grammar Note also secondlie that knowledge is not gotten except it be taught by another or else he himselfe haue read bookes tending to knowledge And so this maketh against them that will pretend to learne both without a teacher and without bookes and heere of you may gather the practike of deposing a man in science ignorant bicause it is sufficient if the witnesses depose that he neuer read any bookes nor euer went to schoole or heard anie reader or teacher So that we may easilie perceiue Faâ—â—â—fication by the author our authors falsification hereof when as he by his translation of Panormitane omitteth wholie that Want of knowledge is ignorance in Grammar and maketh both the priuate studie and the hearing of a teacher to be â—â—intlie requisite for the escaping of this ignorance wher as in truth Panormicane requireth but either the one or the other to this purposâ— and therefore with the coniunction and taken coniunction non diuisim Panormitane saith A man cannot learne without a teacher and without bookes both as plainelie appeareth by the disiunctiue following whereof if any part be true all is true Also Panormitane speaketh here not of euerie inferiour minister but of a Bishop nor of want of any other knowledge but of Grammar And least of all by him is it reguired as our author séemeth to doo that a minister should learne that strange booke Of controuersies of the gospell Whereby may appéere that it is but a loose vnperfect rule to mesure out a ministers learning or abilitie by when no greater stuffe than Grammar is necessarilie required of a Bishop And therefore the same author in * In. c. nisi Ext. de renuntiatione another place saith A competent or reasonable knowledge is sufficient in a prelat neither is it any lawfull cause to resigne and giue place to another if he want an eminent skill And againe What ibidem if a prelat be ignorant but be such as may easilie learne The glosse saith he may learne and then licence to resigne shall not be granted and to
the golden calfe and yet was not vpon his repentance put from his priesthood Likewise by Peter whose reuolt and tenâ—porarie apostasie in denieng his maister Christ was no lesse hainous than the sinne of our idolatrous priests who for the most part sinned but of ignorance in that generall blindnesse and to the like end also * c. vt constitueretur 50. dist ex Aug. ad BonifaciuÌ„ this example is else-where alledged Likewise Augustine afterward a famous Bishop was by the space of manie yeares a detestable Manichee as he witnesseth of himselfe Also Tharasius the patriarch in the councell of Meldis being the seuenth councell propounded thus to the whole councell Dooth * c. conuenientibus 1. q. 7. ex concilio Meldensi siue septima synodo it please you that those which haue returned from heresie shall reteine their former roomes The holie moonkes answered As the sixe generall councels haue receiued those which haue returned from heresie so doo we receiue them And the whole councell answered It pleaseth vs all And Basilius the Bishop of Anchyra Theodorus the Bishop of Mirea and Theodosius the Bishop were willed to sit according to their degrees in their seates And a little before the said Patriarch saith Behold manie bookes of canons of synodes and of ancient fathers haue beene read and they haue taught vs to receiue those which returne from heresie if there be no other cause in them to the contrarie And the glosse * Gl. 1. ibidem there gathereth the whole summe of that action thus They decreed that they who returned from heresie were to be restored to their former estate so that in writing they doo renounce the heresie and make proprofession of the catholike faith But those are not so to be receiued which of purpose procured themselues for the subuersion of our faith to be ordeined by heretikes Againe saith * c. quod pro remedio §. similiter ibid. the canon Likewise by dispensation in the verie councell of Nice it was decreed concerning the Nouatians that vpon their returne againe to the church they might be receiued to orders There is also * c. quotienâ— ibidem set downe the forme of an abiuration for a Bishop returning from schisme Further Leo * c. maximum ibidem saith concerning a Donatist Although Maximus was vnlawfullie of a meere laie man ordeined suddenlie to be a Bishop yet if he now be no Donatist and be free from a schismaticall spirit we doo not thinke good to put him from that Bishoplie dignitie which but so so he hath attained Mention * Daibertuâ— ibidem also is made of one Daibertus which hauing taken order of deaconshop of one Nezelon an heretike which also had none other ordination but of an heretike was a fresh made a deacon not that the order was reiterated but bicause he could not be said to receiue that at anothers hands which the partie himself had not Augustine * c. ipsa pietaâ— in fine 23. q. 4. ex August ad BonifaciuÌ„ speaking of the repentant Donatists saith Let them haue a bitter sorowe of their former detestable errour as Peter had vpon feare of his lie and let them come to the true church of Christ the catholike church their mother and let them be clearkes and Bishops in that church profitablie which before carried hostile minds against it we doo not enuie them but we imbrace them exhort them and wish it of them and whome we find in the hedges and high waies we vrge to come in And the Decretall epistle dooth no otherwise debarre heretikes being ecclesiasticall men from continuing their function but * c. ad abolendam when vpon the finding out of their error they shall refuse presentlie and willinglie to returne to the vnitie of the catholike faith And touching such * c. omn. 1. q. 1. c. si qui presbyteri 1. q. 7. canons as in apperance at the first séeme contrarie the * c. nos consuetudinem dist 12. glosse verie truelie reconcileth them together saieng By common right none that returneth from heresie may be ordeined but such are dispensed with as when they are suffered to be preferred to the lower orders 1. q. 1. c. si quis haereticae The dispensation is full when he may be made priest but no further 1. q. 7. c. conuenientibus It is more full when he may be made a Bishop but not a Primate as in this place it is most plentifull when he may be promoted to all other dignities 23. q. 4. c. ipsa pietas Yea besides the continuall practise and custome of this realme euen in hir Maiesties iniunctions made the first yeare of hir blessed reigne of Priests then which had but small learning and had of long time fauoured fond fantasies rather than Gods truth which must considering the time then néeds he vnderstood of massing priests it is affirmed that Their office and function is of God and therfore that they are to be reuerenced And the * 13. Elza cap. 12. statute cléerlie decideth the tollerating of all priests in their functions ordered neither in the time of king Edward nor in hir Maiesties reigne so they publikelie did testifie before a time there prefixed their vniformitie with this church in matters of religion By the practise of our church after God had opened their eies to sée the truth they were not onely tollerated but some of them aduanced by our godlie Princesse to the highest dignities in it And God did not onlie singularlie blesse their ministerie towards others but vouchsafed the persons of some of them the crowne of martyrdome Euen in the reformed churches of France thought of all other by our men most strict and woorthiest of imitation such as had béene popish priests as may appeare were tollerated to continue their function and to reteine their benefices being conuerted to the gospell CoÌ„me * Pierre Viret in Decalog ie ne veux c. As I will not saith Viret at all condemne the tolleration vsed towards such for christian charitie sake and bicause they should not bee driuen to despaire so would I also desire they should vnderstand that they may not hold those goods with a good conscience except they labour to the vttermost of their power according to the estate whereto God hath called them to the edification of the church and the releefe of the poore whose goods they inioy And to this effect he also speaketh more at large in an epistle written to the faithfull And it is conteined in the * La discipline eccles des esglises reformes duroyaulme de France art 2 3. discipline set downe by all the reformed churches of France that Bishops priests and monks conuerted to the gospell from Poperie might be assumed to the ministerie of the gospell after the confession of their faults and errors and good experience had of their conuersation and doctrine The like may be said of other churches abroad
that is doone by him But our author himselfe saith that all our ministers ought to be elected by the people which yet is not performed that in the ordinations of the best men we haue some solemnities are dailie omitted and that it is so sure that solemnities and other matters of forme are omitted at the ordinations of vnlearned ministers that it is Praesumptio iuris de iure that they were not rightlie and formallie ordeined Also this rule faileth * L. 2. C. de sentent interlo 3. q. 7. §. tria ver verum c. ad probandum Ext. de re iudicata Abb. in c. sciscitatus de resc when at the verie beginning the impediment was apparent Now if we may beléeue our author the impediments hindering these vnlearned men to be ministers are so euident that euerie man being present may sée the Bishops Proceedings heerein to be contrarie to lawe and being absent may haue By experience such certeine knowledge of his misdemeanors and ignorance that by the most full and plaine proofe that may be not admitting any proofe to the contrarie euen By presumption of law and by law it may be intended he was vncapable at the time of his ordination And moreouer he surmiseth certeine impediments whereby such a man is hindered from being in deed and truth a minister to be knowne both to the Bishop and to the partie ordeined And * Abb. in c. Apostolic Ext. de praesb non ordin gl in c. dudum c. nihil c. quod sicut Cl. 2. de electio againe this rule indéed holdeth and error maketh law in matters depending of iurisdiction but not in matters grounded vpon orders nor in sacrementals in which rather truth than common opinion is weighed And therefore it is * Archid. 11. q. 3. c. 1. Bald. in l. 2. C. de sent interl omnium iudicum said Generall and common errour in spirituall matters dooth worke and enure to nothing Where vpon it resteth still firme and inuiolable that if we haue so manie as he inforceth onelie pretended ministers in this church of England not being so in déed and truth then shall the acts and functions of the ministerie executed by them be of no other force notwithstanding the common error than if they had béene done by méere laie men both in déed and common reputation Naie by this mans platforme the priests made in time of poperie being not so much as capable of the ministerie and the ministers ordered in the time of king Edward and hir Daiesties reigne that now is being no ministers indéed bicause they were not chosen by the people which the booke and law requireth it will follow that we haue no ministers indeed and by lawe in this church of England Now it is a péece of our new church-modell also to * T. C. Replie pag. 518. affirme that Not onelie the dignitie but also the being of the sacrament of baptisme dependeth vpon this whether he be a minister or no that dooth minister it To which also the opinions of the ministers of the reformed churches in France séeme to be conformable where they * Art 4. du Baptisme en la discipline eccl de France saie Le baptisme c The baptisme administred by him which hath not commission or anie vocation is wholie void But the common law of the land maketh espousals void to the intent of legitimation or inheritance of the children where the matrimonie was not celebrated by a priest or minister and suffereth none to be capable of any benefit of a subiect in this land which is not baptized So The authors most pestilent assertioÌ„ and the consequence that we sée a more pestilent plat than this man hath laied against the particular interest of euerie subiect in this church and common-weale cannot be deuised by the most seditious traitor in Rome or in Rhemes nor by the most stirring and tumultuous diuell in all hell if all that were true which he and his complices doo deliuer vnto vs as vndoubted truths here and else-where in their peremptorie and perillous assertions 49. Section Pag. 99 100 101. IN this place our author goeth about to confute those that take vpon them to exempt Bishops from blame For placing vnlearned men in benefices by reason of the corruption couetousnes and simoniacall compacts of sundrie patrones But what colour of excuse can this yéed to Bishops in any mans imagination whie they should call insufficient men into the ministerie For I hope his malice is not so great as to charge them that they make insufficient men ministers onelie to serue the turne of Couetous patrones whereby they may make their markets more gainefull and vpon refusall of their cleackes that they may haue aduantage in law peraduenture against the Bishop himselfe that ordeined them Yet to follow him a little in this matter of bestowing benifices with what forehead can any man but a litle experienced in the world saie that the greedinesse and corruptions of patrons is but a Feigned cause of placing vnlearned men in benefices except he will denie the sunne to be vp at midday or such a one as the god of this world hauing blinded dooth thinke the smell of gaine to be good out of anie thing as Vespasian did Ex lotio And can he faie this is but Feigned who talketh so much of a presumption by law when as the law it selfe though there were not too lamentable experience of it in this common wealth dooth tell vs Bicause patrones leaue so small a portion in some places c. extirpandâ— Ext. de prâ—bendis to the ministers so that they cannot competentlie thereby be mainteined here vpon it commeth that in such countries scarse one minister of a parish church can be found which hath euen but a little skill in learning But If it were true he saith he will neuerthelesse Let passe diuers answers which aptlie might as he thinketh be vsed in this matter One is bicause the Bishops office is More painefull than gainefull and he that tasteth the sweet ought also to tast of the sowre Therefore he should refuse to admit any not so qualified as our author meaneth vnto a benefice yea though he were sure that after all his trouble and expenses such a clearke should be placed by the course of the common law maugre his beard So that by this mans accompt it is better purposelie without cause or hope of preuailing for a man to trouble himselfe and spend his monie than to be quiet and better to rise vp and fall than to sit still Naie with what credit can the Bishop reiect a man as vnable whome he is sure the law of the land will repute sufficient Therefore it is maruell that our author vpon this colour did not here runne into a common place against the common law which is more loose in allowance of clearkes vnto benefices than he would beare vs in hand the canon law is But
flaâ—â—â— forbidden which things our auncestors not thoroughly foreseeing neither onely examining for what maner of causes or matters licenses were at that time obtained at the sea of Rome but onely in a generantiâ— inhibiting things repugnant vnto the law of God neuer particularly describing what those things were but leauing the same wholly to the iudgement and discretion of one man the Archbishop alone haue fallen into two paipable absurdities the one that one man alone hath from time to time authoritie by his discrerion to determine what causes are repugnaÌ„t to the holy scriptures and lawes of God Pag. 138 what causes and matters are conuenient for the honour and safetie of the King of England and what are necessary to be had for the wealth and profite of the Realme three things of such waight and importance as the whole bodie of the realme at that time was scarce able to conceiue much lesse shall euer any one Archbishop be able to practise The other absurditie is this viz that by this statute soueraignitie is giuen to the Archbishop and his successors to dispence with the king and his successors kinges and Queenes of England The wordes of the statute are plaine euident But what reason is there for kings and Queenes of Englande to become wardes and pupils vnto an Archbishoppe of England Or how agreeth it with the word of God that a Christian King shoulde in any sort bee in subiection vnto his owne vassall Or what Christian subiect dareth attempt to offer vnto his Christian soueraigne a tollerationâ— For in case the matter of the sayde tolleration be pretended to concerne the conscience then if the matter be free and lawfull by the law of God a Christian king may as well and as freely vse the libertie of his conscience with out licence from his subiect as his subiect maye vse his freedome without dispensation from the king If it be contrary to the lawe of God then may neither a Christian king neither a Christian subiect be dispenced with For what man can dispence with the lawe of Godâ— And in case the matter of dispensation concerne any thing appertaining vnto this lyfe how then should the king receiue a dispensation from the Archbishop without impeaching his kingly dignitie and prerogatine For either he must be dispenced with for breach of the positine law of this lande and haue the payne of law remitied him by yâ— Archbishop which were to set the Archbishoppes keyes aboue the kinges armes Or els he must purchase a dispensatioÌ„ that he may break his law which wer against his honor safety For saith yâ— Emperour Digna vox est maiestate Pag. 13 regnantis legibâ—â—â— alligaium se principem prositeri It is a word worthie c. De le const it princ l. digna the mâ—iâ—sâ—ie of a ruler to acknowledge himselfe as chiese tied vnto the lawes Moreouer this case betweene the king and the Archbishop is farre different from the case betweene the king and his Iustices at lawe determining matters according to the common lawes customes of the Realme betweene the king his subiects For they remaine still the kings vnderlings and in deed giue but the kings iudgement they iudge not the kings person neither commeth anie thing touching his person before them But dispensations from the Archbishop to the king concerne the kings owne person The king in his roiall person or by his proctor must appeare in the Archbishops Consistorie he must alleage before the Archbishop sufficient matter wherevpon the Archbishoppe but a subiect may be mouâ—d to dispence with the king his soneraigne and finallie the kings wisdoâ—â—â— must be subiected to the Archbishops discretion And therefore to confirme the Minor proposition of my third syllogisme I conclude 1 whatsoeuer is dishouourable and dangercus for her highnesse person the same cannot be conuenient for her honour and safetie 2 But it is dishonourable and dangerous to haue the Archbishop to dispence with her highnesse 3 Therefore the same is not conuenient c. Pag. 140 Which reason also may be as well applyed to disproue the the vniawsulâ—nesse of the Archbishoppes dispensations graunted vnto anie of her highnesse subiects as vnto her highnesse owne person in as much as her kinglie prerogatiue â— supreme gouernment in matters lawfull by the holie Scriptures is thereby impeached the Archbishops iurisdiction onelie aduanced and the furetie of her royall person and peace of the common weale ill prourded for Againe sithence cuerie one of sound iudgement vnderstandeth the honour and safetie of her highnesse person onely and wholly to consist in the protection and safegard of our most mightie and gratious God that nothing can be so honourable and safe for her highaesie as humblie and reuerentlie to attend and to submit her selfe to the scepter of his word the execution of this statute by the Archbishop cannot be but most inconuenient and perillous for her highnesse person in as much as partly through a carrupt consiruction partlie by a siniâ—ter iudgement not rightly discerning what things are repugnant to the holy Scriptures which causeth the name of God to be euill spoken of and is a dishonour vnto God and therefore no honour nor safetie vnto her highnesse person And therefore her highnesse is humblie to be intreated to take the entire dominion and whole soueraigntie due vnto her by the worde of God into her owne handes and not anie longer to suffer such a blemish to remaine in her gonernment Had her Highnesse most noble Father vnderstood his kinglie person to haue vnder-gone the Censorship of his subiect no doubt he would as couragiouslie haue fought against an Archbishop as hee did against an Abbot As concerning the pouertie of certaine persons pretended Pouertie of the person no cause for a dispensation Rebuff de dispen ad plu benefi alleaged in defence of dispensations for manie benefices that because the reuenues and profites of one benefice is now a daies not a competent and sufficient mainteinance for a Minister his wife and familie that therefore in respect of such pouertie they are necessarie and to bee borne withall I answere heerein first with Rebuffus the Lawyer that Licèt quis sit pauper c. Though one bee poore and suppose two benefices to bee verie necessarie and profitable for him yet for this cause the Pope may not dispence But if it bee necessarie or profitable for the Church to haue a teacher to instruct maintaine and defend the same then shall a dispensation bee lawfull Pag. 141 Secondlie that whosoeuer hath taken vpon him a charge with a poore liuing and stipend belonging to the same ought by lawe to content himselfe therewith and not in respect of anie pouertie to seeke to haue many huinges thereby to better his estate or augment his liuing For the Lawe in truth is as followeth Qui modicum recepit beneficium 32. q. 5. c. horrendus c. Hee that hath receiued a small Benefice
in the f c. Clericum c. sequente ib idem Councell of Chalcedon that a man may be a Bishop of one place and an Archbishop of another all at one time yet the one by title the other by way of Commendam like as we read of Oswald who in the daies of king Edgar before the conquest reteined both the Archbishoprike of Yorke and the bishoprike of Worcester together An example also here of more ancient dooth appeere in the g c. relatio c. vl ibidem daies of Gregorie the Great where by his appointment one was both Bishop of Terracon and Bishop of Funda at one time yet the one by title and the other Commended vnto him by waie of trust for tuition And the glosse hath verie well gathered out of Hostiensis fiue other causes wherein two benefices may be committed vnto one man to be holden in title h c. vnio 10. q. 3. c. eam te Ext. de aetat qual First when the churches be of poore and meane reuenue i c. vli §. sique dist 70. Next by the dispensation of the Bishop so that it be in his owne diocesse and in simple benefices for k Add. ad gl ver in duabus ibidem otherwise it belongeth saith he to the Pope to dispense l c. 1. in fine 21. q. 1. Thirdlie for scarsitie of sufficient men to serue in that function vpon which consideration the canon alloweth in villages in the countrie one man to haue two benefices m c. relatio d. c. de multa c. ordinarâ— Fourthlie by dispensation of him that hath authoritie which in those times they attributed to the Pope n Gl. in ver pendeant c. eam te Ext. de aetat qual c. super co c. cum singula in pri ver nisi vnus de prebendis in 6. Fistlie and lastlie if one benefice be annexed or doo depend vpon another 7. Section Pag. 113 114 115 116. THe Abstractor seemeth in this section so big with matter that he confusedlie shuffleth togither the confutation of his aduersaries supposed obiections with the proofes which he bringeth to ouerthrowe dispensations as not knowing whether of them he had best to be first deliuered of and yet it will prooue but a timpanie which in this maner dooth no lesse trouble him than if it were an arrow sticking in a dogs leg First of all he here telleth vs that Although the magistrate in some cases besides the law may licence and dispense yet in the matter of pluralities it will not be found being as much in effect as if he had said None authoritie whatsoeuer can lawfullie warrant a man to reteine two benefices This neuerthelesse he leaueth vnproued wholie and passeth on by waie of obiection vpon ground of certeine generall rules to frame for those which are Abbettours of pluralists a reason which I will breefelie gather into a syllogisme though he haue onelie framed an enthymeme thereof and in steed of the antecedent to wit Pag. 120 that Churches were founded and distinguished by law positiue which afterward he affirmeth to be vnture he héere denieth not that but the Consequence as vnnecessarie and sophisticall The argument may be thus gathered The same authoritie which hath first distinguished churches may vnite them againe For the reason and ground whereof he bringeth these generall rules He may pull downe who hath set vp and the interpretation of the law belongeth to the law-maker But the authoritie of positiue law hath first distinguished churches Ergo the authoritie of Positiue law may vnite them againe To those generall rules in the first place he answereth that If they be generallie vnderstood without limitation distinction they be either vtterlie false or else contrarie and repugnant to other principles of law Truelie this is verie strange law vnto me to heare that one principle of law is contrarie to another If he had said repugnant alone it had béene tolerable but he speaketh with a copulatiue and saith they are both contrarie and repugnant Wherin also he ouerleapt his Logike a little for there can be no doubt but that euerie Contrarietie is a Repugnancie though not contrariwise And I alwaies was charged to beléeue that there were no Antinomies in law though yet this be true that méere contrarieties yea and contradictions also as afore hath bene touched may be collected and will follow vpon those reasons which may be gathered vpon generall rules And therefore the safest and most sound reasoning is drawne from the particular decisions of law and not by the inâ—nit disputes and altercations as Tullie calleth them arising of generall rules And where he saith that If they be generallie vnderstood without limitation they be false how can he applie this anie waie to his purpose Except happislie he will reason in this sort There are some cases wherin they faile Therfore they faile in this point also which we now speake of and then this is a Fallacie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Also where he secondarilie answereth that No Maxime in law is so infallible but that it receiueth limitations and restrictions he saith trulie though to his purpose verie impertinentlie except he could shew that in this case which we now haue in hand it is so limited and restrained as he would inforce And yet by the waie it may please him to call to mind that now he Inconstant dealing condemneth that reasoning vpon generall rules As weake and without any sure settling which so oft he himselfe in the first treatise hath vsed Also in this place we may obserue a contradiction by him deliuered where he saith No rule A plaine contradiction can be so generallie giuen that receiueth not some limitations which is as he affirmeth an infallible Maxime in law For either this Maxime generall rule must not be so infallible but that it shall receiue some limitations or else that other must be vntrue that there is no generall rule but it hath his limitations But he leaueth at the last these reasons of randon for proofe onelie that generall rules may receiue limitations and taketh now vpon him to prooue that these two rules then doo faile in déed and receiue limitation when the cause of the prohibition is perpetuall But his proofe hereof is nothing else but his owne assertion without either law or interpreâ—or of law which so dooth limit it For in déed the law which he here quoteth and the glosse which alledgeth that law saith nothing else but * L. 35. si stipulor ff de verb. obliga this that If I take stipulation or bond of a man to doo that which either nature forbiddeth to be done or which the lawes doo forbid so that there shall be a perpetuall cause of the said prohibition the bond is void But how dooth this prooue that the generall rules afore touched be limited and distinguished by this law whereof it maketh no mention Yet if we should
effects necessarilie proceeding from pluralities as from an efficient or formall cause but as faults which may be presumed to possesse those men which will be their owne caruers and iudges for the inuading of manie benefices without authoritie Yea and if dispensation for pluralitie were such as being strictlie so called dooth release the rigor and extremitie of the law positiue vpon fauor onlie and not for iust causes or equitie yet might the * Arg. l. sed eâ—sâ— lege §. contulit ff de petit haered l. 1. §. magis verb. prodeg ff si quid in fraud pat l. quia autem §. 1. ff quae in fraudeÌ„ cred iuncta l. 1. ff de constit princip prince or those to whom the law hath committed such full authoritie as in diuerse cases besides with a good conscience dispense in it euen as well as they may giue away their owne goods seeing this law is vndoubtedlie meerelie positiue Like as the prince may without offense to God pardon after the fault committed the life of a traitor or fellon vpon méere grace and bountie bicause the penaltie discendeth from law positiue though he can not dispense without sinne to God that in time to come a man may commit treason or fellonie bicause they are forbidden by the law of God And such pardon he may lawfullie grant euen without anie cause to one and denie to another as fréelie as he may create knights endenize * ff C. de natal restit in Auth. quibus modiâ— natur efficianturâ— legitimi legitimate and restore to blood whom he thinketh good and refuse to impart the like grace and fauor to other And this if it be for a matter past is by some termed an Indulgence or pardon if for a benefit to come a Dispensation for a present plesure or gratification is called a Priuilege There may be also good reason of granting these when as for some considerations it is profitable to grant such exemptions besides the generall ordinarie course and reason of the law For it may so fall out that the sauing of some condenmed mans life or granting of some immunitie may no lesse benefit the common-weale than to keepe a rigorous hand vpon the obseruation of the strict points of the generall law may doo harme For 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 must be seasoned and swéetened with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the exact rigor of law must sometimes be moderated with with least it degenerat into inturie and tyrannie For it is sure that as no generall rule or definition can be giuen in law which in application to particular matters shall not faile and be limited with his exceptions so can there no generall rule of right or law be framed which in application to all times places persons whoÌ„ it may concerne shall not necessarilie require some priuileges exemptions dispensations and immunities either in regard of their excellencie well deseruing or in respect of their imbecillitie weakenes or some such like circumstance or other In which respect we are also taught by Aristotle and other wise philosophers Politicians that in all lawes administration of iustice we are partlie to obserue proportion Arythmeticall consisting in recompensing an equall thing with his equall which is a rule in trades negotiation traffike betwixt man man partlie the proportion Geometricall which is conuersant in distribution of honors or rewards in inflicting of punishments and therfore yeeldeth foorth an inequalitie in both according as the persons deserts are different and vnequall Whereby also we sée a common soldiors reward to be lesse than the Lieutenants or Generals a Noblemans death not to be so rigorouslic executed as the common sort iustlie are put vnto And this strict and proper acception of a dispensation which is by releasing and exempting of a man vpon fauor clemencie or mercie onelie from the seueritie of the law the bond thereof still remaining is called A dispensation of grace and may vpon méere bountie of him that is so authorised be granted to some and denied to other some as it shall please him euen without further cause so long as the law is but méere positiue But it hath no place at all in the first a Dist. 5. in princip §. naturalia iust de iure nâ—tur principles of the law of nature nor in the commandements of the Decalog necessarilie and immediatlie b Rom. 1. deriued from the rules of the light of nature Which thing bicause the pope most insolentlie tooke vpon him to doo he is therefore iustlie by all which doo aright feare God abhorred as Antichrist which in the Luciferian pride of his hart hath hereby climed into the throne of God and dooth arrogate to himselfe to loose the consciences of those whom God hath tied by his law and to bind that as by a diuine law which God himselfe hath set at libertie which c Bernard li. 3. de considerat ad Eugenium Bernard calleth a dissipation rather than a dispensatioÌ„ Which dispensations of his though some schoolemen and of our late more manerlie papists doo otherwise qualifie in words and partlie denie such matters which he hath dispensed with to be of the law of nature when as neuerthelesse no colour can be laied but that they are of the prohibitiue morall law of God yet his parasites the canonists who both knew his mind and his practise herein sufficientlie well and were neuer that I could read found fault with for their ouer broad speeches about this matter doo fullie declare what blasphemous authoritie he challenged They saie that the law d Abb. ca. fin Ext. de consuetud of nature vpon cause may be taken awaie e Abb. c. non est Ext. de voto that the pope vpon cause may dispense with the law of God f Lud. Goza cons 51. Ignorance of the Abstractor that the dispensing with the law of God is proper to the Bishop of Rome Yet the Abstractor sheweth here his great skill when he pretendeth that the canonists popes chapleins doo attribute vnto him authoritie to dispense in such matters by reason of Merum imperium a souereigne supreme power in him which indeed is nothing but Ius gladij the power ouer the life of men which the ordinances of France doo call Haute iustice There is another kind of Dispensation called of Iustice which is when vpon some especiall circumstances the reason and rigor of the generall law is by him which hath authoritie declared in some case to cease and the strictnesse of the words of the law therein not to bind or to haue place and that for auoiding of iniurie and inconuenience And this is also an allaie of extremitie of law by an equitie which afore I spake of and which the magistrate in iustice cannot denie and is in that respect called A dispensation of iustice as it were an interpretation or declaration of the true meaning of the law
author by him vouched dooth directlie decide that A dispensation tending to the profit of the church or vpon necessitie is lawfull And therefore by his owne witnesse which in law he can not refuse the scope drift of his whole treatise is againe ouerthrowne And where he addeth that he which hath taken a small liuing may not in anie case séeke to augment it if his bare words did make law then surelie ecclesiasticall liuings which be but small would hardlie be furnished Yea the reasons which to this end he bringeth are as trulie verified of anie temporall liuing as of ecclesiasticall But what if both the sufficiencie of the ministers gifts by his owne inbustrie and by the blessing of God doo notablie increase and his congregation also be multiplied more and more in people or if his domesticall charge arise by number of children or by their sickenes may he not seeke some augmentation of his liuing Truelie this deuise ioined with that which followeth of driuing ministers to furnish the wants of their maintenance by Some handie craft and labour is an open window to draw them from studie and so to ignorance barbarisme sauage wildnesse contempt with all men and finallie it leuelleth directlie at the ouerthrow of all religion The first place which to this end he quoteth dooth not speake to that purpose whervnto it seemeth to be brought but * 32. q. 5. c. horrendus that Whatsoeuer hath once pleased a man ought not anie more to displease him Now he that hauing too small a liuing to mainteine him seeketh a further supplie by another dooth it not vpon anie mislike of the former And therefore it might better haue beene applied to infer that a man may not of his owne head relinquish his benefice yea it is not generall without his limitations but is speciallie to be vnderstood where by variance in liking a preiudice to another man may rise Which inconuenience if it be met with by the iudgment of the Ordinarie whom the law authoriseth to iudge of the exigence of the cause fit for relinquishment of his former liuing then that rule dooth cease For else should all translations and shiftings froÌ„ one congregation to another vpon sufficient ground both allowed by law and practise of most reformed churches be vtterlie vnlawfull The next being crosse quoted with the former and * c. sanctoruÌ„ 70. dist which he saith is Law in truth dooth varie in verie deed from the canon it selfe which hath nothing tending that waie either of Preiudice growen vnto him that hath receiued a small benefice or of seeking his liuing by his owne craft but onlie thus In what church soeuer a man is intituled vnto in that let him perpetuallie remaine Not as though a man might not vpon some occasion renounce and resigne his benefice into his Ordinaries hands but that he hath it by institution for terme of his life and therefore may not be put out of it against his will without sufficient cause therevnto as may appeare by the glosse That * 21. q. 1. c. 1. part of the next place which requireth a mans continuing in his owne vocation dooth not touch anie thing now in controuersie séeing he which hath two benefices dooth not giue ouer his vocation As to the other part séeming to counsell a poore clerke to labour with his hands for the better supplie of his maintenance by the example of the apostle it séemeth to me not to be spoken of the priests and ministers in chiefe cities but of clearks in inferior orders and degrees whose attendance in such great churches was then in great numbers practised Yet the * Gl. ibid. in verbo necessitatem in â—ine glosse answereth it that Those things were in vse in those daies but not now wherein God had dealt more liberallie with the church and that those things are to be considered according to the qualitie of the person and site of the church seeing that which is sufficient for one is not for another and the custome of the countrie is herein to be obserued And mine interpretation is strengthened by the conference of two or three chapters togither of that distinction which he alledgeth in which a manifest diuersitie may be obserued Inter presbyterum clericum a priest and an inferior clearke For the * c. Presbyter c. Clericus 1. 2. dist 91. priest or minister hath in those canons his taske for the whole daie so limited forth that it will not be possible for him to haue time besides to earne salt to his potage by his handie worke Yea the verie glosse * Gl. in ver minus c. â—i proponente Ext. de rescript per c. de monachiâ— infra de Prebendis whence he borrowed all this furniture at one clap dooth tell him that this course is changed sithence if it had pleased him to haue looked a little lower But saith the glosse a man is not to be instituted except so much be assigned whereby he may be sufficientlie prouided for and be able to paie the duties to the Bishop And by the way the same glosse sheweth that pouertie is some part of a reason whervpon to ground a dispensation for pluralitie though not an entier cause The example of S. Paule may be answered that it is not appliable to these times Bicause the gifts of the Holie-ghost for the furnishing of the worke of the ministerie are not miraculouslie now bestowed as they were then but by the industrie painefull studie and indeuour of the partie Therefore if we should set him to a manuall occupation to gaine some part of his liuing by on the working daies assuredly his mind would be clogged his spirits so dull wearied his inuention so mechanicall and deuoid of pith on the holie-daies that it were as good to kéepe him at hedging and diching or vpon his shopboord still as to put the poore man any more into the pulpit And hereby it will come to passe that if we haue now too manie vnlearned men in the ministerie with whom the Abstractor is so round in his first treatise by this deuise of his we shall haue in short time none else but verie dolts and idiots except he can imagine that men comming from the Uniuersities will be content to be preferred from being Scholers to be scauengers â—roÌ„ Sophisters to be shoomakers from Bachelers to be bakers from Maisters of art other Graduats to be millers or grinders and yet to continue the ministerie still Much like to the contemptuous surmise of Lucian that Alexander the great is preferred to sit on a thrée-footed stoole behind a doore in hell cobling and clowting of old shooes Naie though S. Paule was content in that infancie of the church for auoiding of grudging murmuring to earne some part of his liuing by tent-making that he might thereby spare the churches more and the rather thereby to allure them to liking of that which was not chargeable vnto them yet in sundrie