no doubt he will forthwith conceiue the truth and surcease this surmise for otherwise the decree following shall conuince him manifestly of an errour Ex. de penit remissio c cum inâ—…mitas The soules is first to be cured PRESENTI DECRETO c. By this present decree we charge and straightly commaunde that the Phisitions for the body when they shall be called to any sicke persones they first varne and induce the patients to call for the Phisitions of their â—…ules that when they shall haue prouision for spirituall health they may proceede to the more holesome remedy of bodilie health considering the cause ceasing the effect likewise ceaseth Here you see the law is generall and extendeth to all in generall as well to poore gentlemen and poore parishioners as to greasy Monkes Friers and Canons seeing the soules of both may be infected and the reasons may be thus gathered 1 That which is most pretious is first to be cured and that which is spiritually diseased is spiritually to be cured 2 But euery mans soule is most precious and euery mans soule is spiritually diseased 3 Therefore euery mans soule ought first to be cured and euery mans soule ought spiritually to be cured OVt of which conclusion followeth this coÌ„sequent namely sithence euery soul is spiritually infected euery soule spiritually infected must be spiritually cured that therefore euery soule ought to haue a spiritual Phisition able to apply a spiritual medicine and to cure his spiritual disease otherwise it were absurde to command that spiritual diseases should be healed without spirituall phisitions appointed to that purpose But this is too too plaine we will proceed Ex. de aetat quali c. penult CVM SIT ARS ARTIVM c. Considering the gouernement of soules is an Art of all Artes we straightly commaund that the Byshops either by themselues or by other fit men do instruct or diligently informe them that are to be promoted to be Priestes touching holy offices and Ecclesiasticall Sacraments how they may be able rightly to celebrate them For if they shall hencefoorth presume to ordeine such as are vnskilfull and ignorant we decree that both they that do ordaine and they that are ordayned be subiect to grieuous punishment For it is a thing more holy especially in the promotion of Cleargie men to haue a few good Ministers then a great many euill because of the blind lead the blind they both shall fall into the ditch 1 Vnskilfull and ignoraunt men ought not to bee admitted to an office wherein greatest knowledge and cunning is required 2 But to the gouernement of mens soules greatest knowledge and greatest cunning is required 3 Therfore to the gouernment of the souls of men vnskilfull and ignoraunt men are not to be admitted THe first proposition is prooued by two reasons the one à comparatis by a comparison the other ab euentu from the euent The second proposition is the reason of the lawe it selfe because the gouernement of soules is ars artium a cunning past all cunninges The former reason which is by way of comparison is euident It is a thing much more holy to haue a little good then much euill Wherevnto agreeth that which is written in the 23 distinction chap. tales Tales ad ministerium eligantur clerici qui dignè possunt c. Let such Clearkes be chosen vnto the ministerie which may worthily handle the Lordes Sacraments For it is better to haue a fewe Ministers which may worthily exercise the worke of God then many vnprofitable c. In Cod. De veter lure enuclea l. 55 contrarium Authen De tabell coll 4. Authen De referen in sine coll 2. And in like case the Emperour Melius est pauca idonie effundere quam multis inutilibus pregrauari melius est pauca agere caute quam multis periculose interesse multitudo on erosa nihil habet honesti It is better to vtter a few things aptly then to burthen men with manâ— things vnprofitably And it is better to do a few thinges warely then to be conuersaunt in many thinges daungerously And a multitude altogether burdensome hath no shew of honesty And againe the Canon coÌ„cludeth Tutius-est ea sine periculo ex necessitate quae legem non habet omittere c. It is more safe to omit those thinges without daunger vppon necessity which hath no law then that through rashnesse condemned by law they should not without great danger be vainly conferred Wheras a certaine shadow only may appeare in the deed but no truth follow in effect Al which principles by common experience are so well familiarly knowen vnto euery one of vs that they need few colors to paint them out For as touching our foode and dyet our furniture apparrell our pastimes and pleasures our businesse and affayres we can euery mothers son deeme it farre better to haue a little sweete and holesome meat cleanly dressed than many dishes vnsauourly seasoned that a woman fine and neat in simple attyre is more to be commended then one vngainely apparrelled in sumptuous robes That a man were better to keepe one proper horse or one high flying Fawcon a kilduck then ten resty iades or ten bangling bussardes That one discreete painfull and diligent seruant wil do his master more honesty and get him more lucre and aduantage then twenty idle and loytering merchaunts And can we be so prouident for our bodily sustenance so vigilant for our earthly pleasures and so circumspect for our worldly affayres and shall we be altogeather blockes and without all sense of vnderstanding what is most healthfull most pleasant and most profitable for our soules Can we be wise touching the affayres of this life and shall we be foolish for the life to come Can we be heedfull for matters momentanie and of no valew or continuance and shall we be heedlesse in matters of eternity and such as concerne our beatitude for euer If any man thinke that a few good ministers wil not serue to bring the people of God vnto God will he therfore conclude that he may lawfully appoint many Ministers of the diuels culling to bring them to the deuill The second reason is taken from the sequell or euent which might happen if remedy were not sought If the blinde lead the blind they both shall fall into the ditch 15. Distinc nomine Constitutio Otho quam ad venerabiles And it hath many other groundes and conclusions of law to sounde it selfe vpon namely Talis debet eligi cuius comparatione caeteri grex dicantur Et minister debet esse forma gregis ad quam se debent subditi reformare debent esse ministri in exemplum quasi signa posita ad sugittandum Such a man ought to be chosen to haue the charge of a flocke in coÌ„parison of whom the multitude he hath to gouerne may in deed be called a flocke and the minister ought to be the forme of the
flocke wherevnto the inferiour sort ought to reforme them selues and the Ministers ought to be examples as marks for others to shoot at These groundes and reasons amongst the greatest part of our Ministers haue had no place or interteinment at al but are vtterly turned topsy turuie For where by these Maximes they should be seers where they should goe and step before others in knowledge as guides to conduct them where they shoulde for their pietie and honest conuersation be patterns for others to square out their actions by where they shoulde be markes for people to ayme and shoot at they be now for the most part cleane contrary euen the very tailinges and garbage of the people and such as can scarce say B. to a battledore Markes in deede to ayme at but such as the nearer a man should shoot at the more it would be his hinderaunce Examples in deed they be but alas such examples as it rueth good men to see howe many by them are drawen to vngodlinesse and vnhonestye to Alehouse haunting to dicing to table playing to Carding to bowling to bearebayting yea and that on the Lordes day too But I say that notwithstanding these things be thus abused yet the law prescribeth still how they should be better vsed as followeth Li. vi de elect c licet Canon LICET CANON c. Although the Canon of Alexander the third our predecessor among other things did ordaine that none should take vpon him the gouernment of any parishe Church vnlesse he had accomplished the age of 25. yeeres and were commendable for his knowledge and honestie yet because in the obseruation of the foresayde Canon many haue shewed themselues negligent We by execution of Lawe willing to supplie their perillous negligence ordaine by this present decree that non be admitted to the gouernement of any parishe Church vnlesse he be fit for his manners for his knowledge and for his age And againe INFERIORA MINISTERIA c. Let no man take vpon him the inferiour ministeries as a Deanrie an Archdeaconrie and others that haue cure of soules annexed neythar yet the charge of a parrishe Church vnlesse he haue accomplished the age of 25. yeares and be to be approued for his knowledge and conuersation These constitutions do expresly prohibite any person to be admitted to the gouernment of soules and so to any parish Church that is not qualified as you here why Non conuenit talem aliis praefici in Magistrum qui nondum se nouit esse discipulum It is vnseemely that such a one be appointed a master ouer others which as yet hath not knowen him selfe to be a disciple And againe 49. Destinc cap. sacerdotes Authen de sanct epis §. Damus ff De â—…curio L honores 3 cap. distinc § Glos consti Otho cum sit ars Debet promotus esse literatus quia cum ipse debet alios docere non debet ipse discere He that is promoted ought to be learned in as much as he taking vpon him to teach others him selfe ought not now to learne And againe Honores munera non ordinationi sed potioribus iniungenda sunt Honours and offices are to be giuen to the best approued not to an ordination alone And again Debet promotus omni poscenti reddere rationem He that is promoted ought to giue a reason to euery one that asketh And againe Cura animarum debet vigiliis onerosa esse sollicita vt iste cui committitur curet ne pereant subditi sed saluentur The charge of soules ought through watchfulnesse to be painefull and carefull that he to whom it is committed be diligent to foresee that the people perish not but rather that they may be saued And againe 8 q. 1. Licet ergo Et qui doctior est sanctior est eligendus And he that is the more learned and the more holy is to be chosen And euen vpon the selfe same reason namely that the souls of the people shoulde not be in perill for want of teaching It is ordayned that no Church with cure of soules shoulde be destitute aboue a certayne time prefixed and lymited for the prouision of some man able to guyde the people Ex De elec Ne pro Defectu NE PRO DEFECTV c. Least for want of a Pastour the rauening Wolfe should destroy the Lord his flocke or that a Widow Church shoulde suffer great hinderaunce in hir substaunce we willing in this case both to meete with the perill that might happen to soules and also to prouide for the indemnities of the Churches doe ordayne that a Cathedrall Churche or regular Church be not voyde aboue three monethes Perill of soules the cause why a time is limitted for the placing of a Pastor within certaine Moneths And againe euen for the selfe same causes and considerations in the Chapiter Nulla ex de concessio prebend And in the Chapiter Quoniam ex de iure patro It is commaunded that if a laye man or Cleargie man Patron of a benefice present not his Clearke the one within sixe monethes the other within foure monethes That then afterwardes it shall and maye be lawefull for the superiour to supplie their negligence and to place one able to goe in and out before the people to guyde them to teache and instructe them They who by vsurpation exercised authoritie ouer the Lordes people did in the tyme of darkenes so carefully prouide that the people vnder their pretensed gouernement shoulde not be vnprouided as they imagined of a seer to foresee the danger that might insue towardes the soules of the people aboue the space of foure or at the moste of sixe monethss What excuse now remayneth for them that challenge the like authoritie ouer the people of the Lorde in the time of this great light and manifestation of his sonne suffering many thousande flocks to want sheepheardes and so to be in daunger of the Wolfe not onely sixe monethes but now almost sixe and twentie yeares for so long as they want a sheepehearde so long are they in daunger of the Wolfe but they want a sheepheard so long as they want one able to gouerne them to exhort and to admonishe them to rebuke and comfort them ff De verb. signi l. aedificium §. profecisse Paria enim sunt omnino non fieri aut minus rite fieri qui minus soluit non soluit perficisse aedificium videtur qui ita statuit vt in vsu esse possit It is all one in effect whether a thing be not don at all or not rightly and duely done He is sayde not to pay at all which payeth lesse then is his due to paye And he is sayde to haue perfected a buylding which hath so framed it that it may be inhabited Perill of soules cause of renunciation And againe for this purpose euen to auoyde the perrill of soules the Lawe prouideth that if anie man through want
the glose prooueth that though an Archdeacon haue authority by his office to examine do present vnfit men to the Bishop that yet the bishop notwithstanding ought to be punished because the bishop is answerable for the fact of the examinor sithence the examination is made by his cōmandement and also for that reseruatum est episcopo ius examinādi illum Right is reserued vnto the b. to examine him examinatus enim examinatur in hiis precipue iniquibus vertitur periculum animae Glos c. ad haec ver examinentur Extrauag de offi Archid. Glos 1. l. non est A man once examined is to be reexamined especially touching those things wherein perril of soule consisteth Et factum quod est mutatur ex superuenienti causa And a deede once done is altered vpon a new cause ff de transact An Archdeacon hauing by lawe the custody of candlestickes copes and vestmentes other Idolatrous garments was remisse in safe keping these things wherevpon the Pope wrote to the Archbishop and willed him straightly to require the sayde ornamentes at his handes Extrauag de statut regul c. cum ad Monesterium § penul and further commaunded him to be punished and to make restitution if thorough his negligence or default any thing were perished in so much as by his office he was bounde to the safe custody of them Neither did he behaue himselfe Vt bonus pater familias in re sua gessisset As a good Father of an housholde would haue done in his own housholde affayres And thus farre touching the bishops vnworthily promoting vnworthy men vnto the ministerie touching vnworthy persons vnworthily promoted the decrees following tell vs what in like case shoulde be done with them Extrauag de aetat qua cap. vlt. QVAMVIS MVLTA FVERVNT c. Although manie thinges were proposed against the Bishop of Calinea yet because he him selfe hath confessed before vs that hee neuer learned Grammar neither euer had reade Donate and by euidence of the fact his ignoraunce of learning and insufficiencie is so apparaunt vnto vs that it were against God and Canonicall constitutions to tollerate so great a defect in a Bishop we haue thought good vtterly to remooue him from the execution of the office of a Bishop and also from the Administration of the Church of Calinea If it might stande with the good pleasure of the Lorde to mooue once Iehosaphat Firste with the booke of God secondly with the lawes of the Realme to make a generall visitation by men of sound and sincere religion and by men of valiaunt and stout courages I dare boldly auouch that the valewe of the first fruites of benefices that might be made voyde by the iust depriuation of vniust possessors euen by the euidence of the fact it selfe woulde amount to a greater increase of hir highnesse treasure then the best subsidie she hath leuied of them since the time of hir gratious gouernement Neither is this Chapiter impertinent to this purpose though herein expresse mention be made onely of a bishop For if you weigh and consider why the bishop was deposed the same reason is sufficient likewise to depriue any inferiour person offending in the like case The cause of the bishops depriuation was his insufficiencie and defect of learning and why then should not insufficiency and defect of learning be as iuste a cause to depriue a minister of an inferiour calling beeing infected with the same disease The charge and function of the bishop was to teach and gouerne others The same ende is allotted to euerye one that taketh vppon him the cure of soules The bishop wanting skill and abilitie to perfourme an office taken vppon him is degraded and cast out and an inferiour minister destitute of the same furniture is maintayned and kept in Againe Epis de statu Monacho cum ad Monast § Abbas ABBAS VERO c. But the Abbot whome all men ought reuerently to obey in all thinges how much more shoulde he be frequent with his brethren in all thinges hauing vigilant care and diligent circumspection that he may be able to giue an acceptable account vnto God of his office committed vnto him But if the sayd Abbot be a preuaricator or a despiser of his order or negligent or remisse let him know for a suretie that he is not onely to be deposed from his office but also some other way to be chastised considering not onely his owne fault but the fault of others is to be required at his hand And againe 18. q. 2. si quis abbas Si quis Abbas cautus in regimine humilis castus miserecors discretus sobriusque non fuerit ac diuina praecepta verbis exemplo non ostenderit ab episcopo in cuius territorio consistie a vicinis c. If any Abbot shall not be circumspect in gouernement humble chast mercifull discreete and sober and shall not shew foorth godly preceptes both in worde and example of life let him be remooued from his honour by the bishop in whose territorie he dwelleth and by the next Abbots and others fearing God notwithstanding all the congregation consenting vnto his sinne woulde haue him to be Abbot And therefore both these constitutions may serue to depriue all such ministers as in life learning maners and conuersation are like vnto such Abbots Yea and touching inferiour ministers the law hath likewise specially prouided as followeth Quod si forte necessitas postulauerit vt sacerdos tanquam inutilis indignus a cura gregis debeat remoueri agendum est ordinatè apud Episcopum c Extrauag de hereti cap cum ex But if happely necessitie require that a priest as vnprofitable and vnworthy ought to be remooued from the charge of his flocke you must ordinarily repayre vnto the bishop Againe Dictum est nobis presbiteros propter suam negligentiam canonice degradatos It is tolde vs that certaine Elders were canonically degraded for their negligence And here it appeareth sayth the glose Quod quis aeque deponitur propter negligentiam sicut propter dolum That one is as iustly deposed for negligence as for collation according to the tenor of the Canon following 1. q. 1. si qui epis Non modo pro haeresi vel pro qualibet maiori culpa sed etiam pro negligentia remouebitur He shall not onely be remooued for heresie or other greater offence but for negligence also Wherevnto also the lawes of the Empyre agree QVI NON SERVIT c. He that doth no seruice to the Church or fayneth him selfe to be a Clearke when in deede he is none he ought not to inioy the priuiledge of Clearkes but an other is to be surrogated in his roome And againe Ne argenterorum vel numulareorum munera c. 47. pag. 2. We commaunde that the charge of Bankers and such as lend exchaunge money for gaine be not left off by those which onely hastely desire
maye dispence with the reason of the law or take away the soul life of the law so none may dispence with the law or take away the law Now for as much as it is not lawfull for all the Princes in the earth to change or dispence or take away the reasons and causes of the Lawes prohibiting many benefices Therefore it is not lawfull for them to chaunge or dispence or take away the lawes against pluralitites The reasons vvherevppon pluralities are forbidden are reasons taken from the lawe of nature and from the equitie of the lawe of God Institutio de iure nat gen ci § sed naturaliâ— but none can alter or take awaye the lawe of nature or dispence with the lawe of God therefore none can alter or impugne or dispence with the reasons of either of them For as the lawe of nature is immutable so is the reason of the Lawe of nature immutable and as the vvill of GOD is vnchaungeable Iam. so is the equitie of his Lawe vnchaungeable to If then naturall reason be the cause and soule and lyfe of a naturall lawe and the will of God the onely cause of the Lawe of God and his onely will the rule of all iustice vnchangeably none can challenge authoritie to change or dispence with the Law of nature or with the lawe of God but hee must foorth with challenge authoritie to dispence both with the reason of the Lawe of nature and with the pleasure and will of God And theeefore out of the premises I conclude thus 1 Wheresoeuer the cause of a prohibition is perpetuall there the prohibition ought to be perpetuall 2 But the cause of the prohibition against pluralities is perpetuall 3 Therefore the prohibition ought to bee perpetuall 1 Euery law grounded vpon the reason of nature the equity of the law of God is immutable 2 But the lawes prohibiting pluralities are grounded either vppon the reasons of nature or vppon the equitie of the law of God 3 Therefore all the lawes prohibiting pluralities are immutable Institut de iure natu gent. ciui § sed naturalia THe first proposition of the firste syllogisme hath bene prooued already the first proposition of the 2. syllogism is manifest Omnia naturalia sunt immutabilia All naturall things are immutable Iames. and there is no altering or shadowing by turning with the almighty The second proposition of either syllogisme shall be manyfested by that that followeth But first to aunswere the falacies before spoken of because pluralities are not forbidden by law positiue of man alone but prohibited also by the lawe of nature and by the lawe of God therefore it followeth that they may not be tollerated by law positiue of man alone And therefore if pluralitie men woulde fitly argue to conclude their purpose they should frame the same after this sort 1 Whatsoeuer is prohibited by the lawe of man alone the same by the law of man alone may be licensed againe 2 But pluralities are forbidden by the law of man alone 3 Therefore they may be licensed by the law of man againe THe second proposition of which syllogisme beeing vtterly false you see euidently wherein the conclusion halteth and the fallacie consisteth and therefore I conclude against them thus 1 Whatsoeuer is forbidden by the law of nature and by the Law of God the same cannot be licensed by the law of man alone 2 But pluralities are forbidden by the law of nature and by the lawe of God 3 Therefore they cannot be licensed by the Lawe of man alone And againe 1 Whatsoeuer ratifieth a thing monstrous and against nature the same may not be priuiledged by the law of man 2 But dispensations for Pluralities ratify monstrous things and things against nature 3 Therefore dispensations for Pluralities may not be priuiledged by the law of man THE seconde Proposition of the first Syllogisme shal be prooued in his place The second PropositioÌ„ of the last Syllogisme I prooue from the etymology or discription of a priuiledge or dispensation for a priueledge a dispensation in effect signify both one thing Glos lib. 6. de rescript c. vers in principio Extra de iudic c. At si clerici § de adulteriis Priuilegium dicitur quod 〈◊〉 contrâ—… commune in fauorem aliquarum personarum super prohibitis disponsatur quia permissa iure communi expediuntur prohibita vero dispensatione egent A priuiledge is saide to be that that for the fauour of certayne priuate persons commeth foorth agaynst common rightâ—… things prohibited are dispensed with because thinges permitted are dispatched by common right but thinges forbidden require dispensation By which discriptions of a Pryueledge and dispensation it is apparant that a Priueledge and dispensation for pluralities must license and authorise that that the Lawe against Plurality doth infringe and disalow and so be a Lawe contrariant and repugnaunt to the Lawe against Pluralities but the Lawe against Pluralities is the Lawe of nature and the Lawe of God Therefore a Priueledge or dispensation for Pluralities is against the Law of nature against the lawe of God a more monstrous law was neuer established Now that pluralities are forbiddeÌ„ by the Law of Nature by the lawe of God which was the second Proposition of my first Syllogisme I prooue thus All the reasons whereupon the positiue Lawe of man against Pluralities was first established are taken and drawne from the Lawe of Nature and from the Lawe of God The reasons and causes of the prohibition are these First the auoyding of couetousnesse of Ambition of Theft of Murther of Soules of a Dissolute a roaging and a gadding Mynistery the necessity of comlinesse and decency in the Church are speciall and primary causes for the prohibiting Pluralities but all these are forbidden or commaunded by the Lawe of God therefore the causes of the prohibition of Pluralities are grounded vppon the will of God and therefore immutable and therefore not to bee dispensed with Againe for one man to haue the Stipends of many men for one man not able to discharge his duety in one place and yet to haue many chardges in many places committed vnto him for one man to hinder another man from ordinary meanes to doe good to the Churche all these causes I say are seconde causes for the prohibition of Pluralities but all these causes are causes of reason and nature therefore by the Lawes of reason and nature Pluralities are forbidden and therefore not to be dispensed with no more then theft or murder or blasphemy may be dispensed with And if Antichriste thinke it Theft Rauine Couetousnesse Ambition Pride Murder of soules for one man to haue many Benefices without dispensation if Antichrist account the hauing of many benefices without dispensation to be a meete meane to maintain a roauing a gadding and a dissolute Ministery to foster extortion and vnlawfull gaine what shall the seruauntes of the Lorde Christe the sonne of the
graunted For in truth either the defect of the qualitie of the person or the want of a iust cause in lawe doth frustrate and make voyde euery dispensation For neither can a man qualified and in all respectes capable of a dispensation enioye the benefite thereof vnlesse he maye also enioye the same vpon a good ground and iust cause warranted by lawe Neither can a iuste cause and good ground approoued by Lawe bee sufficient matter to induce a Iudge to graunt a dispensation to him that is vnable and vnapt to receiue the same A man well Lettered singularly qualified and endued with vertue and godlinesse or of some noble house and parentage is by Lawe a fit and meete man to enioye moe benefices by dispensation then one Neither is it a sufficient qualification for one destitute of learning to become a Chappleine onelye to some Noble man For the statute prouiding that some Noble mens Chappleines shoulde be made capable by dispensation to retayne moe benefices doth not thereby take away the qualities requyred to be in such persons by common right but addeth a new qualitie requisite to be had of euery one and so maketh the law stronger and of more efficacie against pluralities Panor in c. ex parte l. 3. de verb signi fi fol. 189. nu 3. Statuta debent intelligi quod aliquid addant iuri communi Statutes ought so to be vnderstoode that they may adde somewhat to common right Extr de prebend c. ff de multa Circa sublimes literatas personas quae maioribus beneficiis sunt honorandae cum ratio postulauerit per sedem apostolicam poterit dispensari Concerning men of Nobilitie and learning who with greater benefices are to be honoured the Apostolike sea if reason shall requyre may dispence with such And in an other Chapiter the same is confirmed Extr. de elec c inâ—…otuit MVLTA ENIM in hoe casu dispensationem inducere videbantur literarum scientia morum honest as vitae virtus fama personae multipliciter a quibusdam etiam ex fratribus nostris qui eum in scholis cognouerant approbatae Manie thinges in this case seemed to leade to the graunting of a dispensation his learning his honest conuersation his vpright life and the good report of the person diuersly commended euen by some of our brethren which knew him at schoole These giftes and graces these qualities and these conditions are incident and appertayne by common right to these men that by way of dispensation maye possesse manie benefices Whosoeuer then is not commendable for his learning for his honesty for his sincere life or not of some auncient and noble familie the same man by lawe is vtterly barred and secluded from this benefite The second qualitie requyred to the validitie of euery dispensation is the waightinesse of some speciall cause as appeareth in the Chapiter before recited in these wordes Cum ratio postulauerit When reason requyreth Extra de voto c. 1. And againe we aunswere sayth Alexander the thirde in a decretall Epistle written to the Bishop of Exceter that it belongeth to the iudgement of him that is President that he consider diligentlye the cause of commutation and so accordingly to dispence And by the Chapiter Magnae Extra de voto It is playne and euident that there must be some speciall cause knowen for the which euery dispensation is to be graunted For as I sayde before to the ende that euery dispensation be good and auaylable by Lawe there is requyred necessarilie both the abilitie of the person to whome and the iustice of the cause for which the same ought to be gyuen For neither maye an able man without a iust cause neither a iust cause without an able man mooue the Iudge in anywise to dispence And to tell you what these speciall causes are in few wordes they are these vrgent necessitie and euident vtilitie of the Church Extra de ele c cum nobis Propter vrgentem necessitatem euidentem vtilitatem ecclesiae Capuanae quam in hac parte potius approbamus volumus ipsum firmiter perdurare Necessitie vtilitie of the church only iust causes of a dispensatioÌ„ For the vrgent necessitie and euident vtilitie of the Church of Capua which on this behalfe we rather haue respect vnto our pleasure and will is that he continue It is vnlawfull by common right for a Monke or Layeman to be admitted to the gouernment of any church with cure of soule yet notwithstanding if by reason of warre famine persecution or other extraordinary cause the office of pastorall teaching did cease so that the people had none to instruct them in the way of saluation 1. q. 7. requiritis §. nisi now in this case it is lawfull for him that hath authoritie to dispence with a Monke or Layeman endued with learning to the ende he might by instruction bring the people to knowledge It is vnlawfull that children borne of a Nun violently taken away and marryed should be admitted to any Ecclesiastical orders NotwithstaÌ„ding if the great profit or necessitie of the church require they may by dispensation be admitted Suppose there were a custome of long coÌ„tinuaunce and time out of minde in the Church of Paules contrary to the first foundation of the Church that not onely the Prebendaries daylye present at diuine seruice but also others absenting them selues should receiue euery one a like some dayly pention either in money or some kinde of victuall this custome by law is voyd because it is vnreasonable And yet notwithstanding anye iust and necessary infirmitie of the body of any prebendary or euident vtilitie of the same Church may be a lawfull and sufficient inducement for the Ordinary to dispence with the not restoring of that which was vnlawfully taken vnder pretence of the former custom If by the first foundation of the church of Paules twelue prebendaries were appointed to be maintayned by the reuenues of the Church and the sayd reuenues were not sufficient for the maintenance of these twelue the Bishop then in this case if the necessitie and vtilitie of the Church so requyre maye annect certayne other Chappels for the maintenaunce of the sayde prebendaries These examples do sufficiently prooue that euery dispensation priuiledge or immunitie ought to be graunted vpon some iust and reasonable cause and that the sayde iuste and reasonable cause ought euermore to be the vrgent necessitie and euident profit and commoditie of the Church And that the sayd vrgent necessitie and euident commoditie of the Church ought euermore to be vnderstoode the well gouerning of the soules of the people If therfore neither vrgent necessitie or euident vtilitie of the Church requyre that any one should haue many benefices yea rather if it be most profitable and necessarie for the Church that one man should haue but a liuing appoynted for one man and that by ioyning benefice to benefice and Church to Church the Church indeed is
of the worde of God and therefore it is needelesse to make any repetition thereof Onely I would haue the reader diligently to marke the wordes of the Statute forbidding all manner of Dispensations in any matter or cause repugnant to the worde of God For though the aduersary cauill that we finde not in the scriptures these Termes Viz. Licenses Tollerations Dispensations c. precisely specified in any commaundement prohibitory in the Scriptures Yet in as much as the matter or cause of Dispensations for many benefices is there generally forbidden as ambition pride couetousnes perill of soules c. It is against the peace profit of the common weale that the Archb. should dispence Therefore it followeth that by this statute Dispensations in this case are absolutely inhibited The minor proposition of the second Syllogism may be confirmed by three euident reasons First from the euent which by our owne common and daily experience we too too well knowe to be true For by the same we see a fewe wealthy and ritch Prelates in pride iolity to be maintained and a great number of needy Stipendary Curates and poore Ministers to be vtterly destitute of meete and conuenient allowaunces so that sometimes after theire dissease their distressed wiues and Children are forced eyther to bee releeued by the seuerall Parishes of their aboades to the impouerishing of the same parishes or else constrained to beg from place to place so be chastised as rogues or pilfer steal and so be punished as fellons Secondly by a comparison drawn from other Statutes of the realme prouiding that one rich and mighty man shoulde not exercise many seueral misteries trades and faculties and so rob the poorer sort from the ordinary meanes wherby they might liue well and honestly in the common wealth The third reason is taken from an adiunct or common accident to euery common weal rightly gouerned that is that the last Willes and Testamentes of all and singular testators be duely execued especiallye such as whereby the honour of God is promoted the Church and common weale manifestly regarded but vnto the performaunce of the the last Willes and Testaments of many patrons endowing many churches with large and ample possessions to the intent conuenient liuinge might be alwayes prouided for Pastors to be resiaunt and to feede their posterity with the foode of life the worde of God there can be nothing more preiudiciall or more derogatory then that these seuerall patrimonies and inheritaunces appointed by seuerall patrons for seuerall Pastors to such seuerall and good vses shoulde by the dispensation of one man be transformed and giuen to another vse contrary to the testator his intent and purpose And therefore I confirme my Minor Proposition by these three conclusions 1 Whatsoeuer is an occasion that poore and needy Ministers their wiues and children do want a competent conuenient maintainance the same is not necessary for the profite peace wealth and conseruation of the common weale 2 But that one man shoulde by dispensation enioy many benefices is an occasion that pore and needy Ministers their wiues and Children doe want a competent and conuenient maintainance 3 Therfore that one man should by dispensation enioy many benefices is not necessary for the profit peace wealth and conseruation of the common weale 1 Whatsoeuer is an occasion that one man shoulde enioy the offices liuings of many men the same is not necessary for the peace profite wealth and conseruation of the common weale 2 But that one man should by dispensation enioy many benefices is an occasion that one man should enioy the offices and liuings of many men 3 Therefore that one man should enioy by dispensation many benefices is not necessarye for the peace profite wealth and conseruation of the common wealth 1 Whatsoeuer is preiudiciall and derogatory to the last willes and testaments of Testators disposing their patrimony to lawfull holy vses the same is not necessary for the peace profite wealth and conseruation of the Realme 2 But that one man by dispensation shoulde enioy many benefices is preiudiciall and derogatory to such last Willes and Testaments 3 Therefore that one man by dispensation shoulde enioy many benefices is not necessarye for the peace profite wealth and conseruation of the Realme It is inconuenient for the honor safety of her highnesse person for the Archb. to dispence COncerning the validitye of the Minor proposition of my third syllogisme drawne from the conueniencie of her highnesse honor namely that it is not conuenient for the honour and suerty of her Highnes person to leaue any manner of authority for the Archb. to dispence none may wel doubt therof but only such as respect more the pomp and glory of an Archb. then the dignity preeminence of a Christian King For in good soth this statute made principally to abolish al vsurped power challēged by a forrē Romish pope ouer the king his subiects yet to authorise a domestical English Archb. in his roome containeth in it such a contrariety such an absurdity as it is wonder how either any Archb. durst challenge the executiō thereof or else how hir highnesse most noble Father brother her highnes own person could endure the same so long vncanselled vnrepealed especiallye the same being most preiudiciall to their regall crownes and dignities For first by the vertue of this Statute it is enioyned the Archb. and his successours in no manner wise to graunt any dispensation licence rescript or any other writing for anye cause or matter repugnaunt to the lawe of Almighty God Secondly it is permitted vnto the sayde Archbysh and his successours by their discretions to graunt vnto the K. Maiestie and to his heires and successours Kings of this Realme all manner such licenses c. as heretofore haue beene accustomed to bee had and obtayned by his Highnesse or any his Noble Progenitors or any his subiectes at the sea of Rome Which two clauses without dishonour to the Maiesty of God or preiudice to her highnesse prerogatiue cannot possible establish a sound and perfect Lawe For first in as much as the popes person was neuer duly qualified to be a Lawfull dispensor or any lawfull Magistrate in the Church of God it is manifest that euery dispensation granted at that time at the sea of Rome was directly against the Lawe of God as graunted by one that was no member of the Church of God Again In as much as the trueth of the Gospell warranteth vs that symony Vsury Periury Adultery Incest Nonresidency many benefices Marriages against the Leuiticall Law obseruations of superstitious dayes and times not eating of flesh in Lent and such like are against the Lawe of God it is euident that dispensations graunted at that time for these and such like things at the Sea of Rome were granted in causes and matters repugnant to the law of God and so by the former braunch of this statute being
concerning the pouerty of certaine persons pretended and alleaged in defence of dispensations for many benefices that because the reuenewes and profites of one benefice is now adayes not a competent and sufficient maintenance for a minister his wife and familie that therefore in respecte of suche pouertye they are necessarye and to be borne withall I aunswere herein firste with Rebuffus the Lawyer that Licet quis sit pauper c. Rebuff de dispens ad plu benefi Though one be poore and suppose two benefices to be very necessary and profitable for him yet for this cause the Pope maye not dispence But if it be necessary or profitable for the Churche to haue a teacher to instruct mainteine and defend the same then shall a dispensation be lawfull Secondly that whosoeuer hath taken vpon him a charge with a poore living and stipend belonging to the same ought by law to content him selfe therwith and notin respect of any pouerty to seeke to haue many liuings thereby to better his estate or augment his liuing For the lawe in trueth is as followeth 32. q. 5. c. horrendus Qui inodicum recepit beneficium c. He that hath receaued a smale benefice hath preiudiced him selfe therefore let him seeke his liuing by his owne craft because whatsoeuer hath once pleased him ought not any more to displease him 70. distinct sanctorum And let euery one walke in that vocation whereunto he is called and let him do according to the example of the Apostle saying these handes haue ministred vnto me al things that were wanting 21. q. 1. c. primo glos extra de rescrip c. si proponente ver minus ff 91. distinct qui autem And let him that is forbidden to get his liuing by filthy lucre and vnhonest marchaundise haue a stipend of the oblations offerings of the Church but in case the Church be not sufficient let him after the example of the Apostle who liued by the worke of his hands get by his owne industry or husbandry those thinges that are necessary Out of these lawes against dispensations graunted vnto pryuate persons in respect of priuate necessity I conclude thus 1 If priuate necessytie or pouerty were a sufficient cause to enioy a dispensation for many benefices then shoulde priuate necessity haue bene warraunted by law hereunto 2 But priuate necessitie or pouerty is not warranted by law to be anye sufficient cause for a dispensation 3 Therefore the necessitie or pouertye of a priuate person is not a sufficient cause for a dispensatioÌ„ THe first proposition is grounded vppon the verie nature and essence of a dispensation for the same being as is said before of the nature of a priuelege can not otherwise be graunted then vpon a iust cause ratified by law The second propositioÌ„ being a general proposition negatiue of the law cannot better be manifested then by a special repetitioÌ„ of the things permitted by lawe according to this rule Quod in quibusdam permittitur in caeteris prohibetur That which is permitted in some certaine things the same in other thinges is forbidden And therefore the lawe allowing either vrgent necessitie and euident vtilitye of the Churche or some excellent quallities of the minde or discent from some auncient parentage to be onely causes of dispensation excludeth all other causes whatsoeuer And as touching necessitie and pouertie of priuate persons the lawe absolutely appointeth other meanes to releeue the same then by way of dispensation Neyther can it bee found in the whole bodie of law that pouerty a lone is any sufficient cause to procure a dispensation for many benefices For the law accounteth him alwayes to haue a competency and sufficiency 12 q. 1 c. Episcopus vers q. 2 c. episcopus which hath Victum vestitum meate drincke and apparrell which is proued thus luxta sanctum Apostolum fic dicentem habentes victum vestitum hiis contenti simus according to the saying of the Apostle hauing foode and apparrell let vs content our selues with that And here we learne both what he that hath taken vnto him selfe a charge hauing but a smale stipend annected thereunto ought to do in case it be not sufficient that is that he ought to labour and trauaile with his owne handes in some honest handy craft and also what by lawe is reputed and taken to be a competent sufficient maintaynance euen foode and apparell Moreouer if a man willingly and without compulsion enter into a charge knowing before hand the stipend due vnto him for his trauell to be small he may not Lawefullye afterwardes complayne but it is whollye to bee imputed to his owne negligence and follye that he was no more circumspect better to prouide for him self at the first If a man knowing a woman to haue led a loose and dissolute life take her to his Wife hee cannot for her former misdemeanour giue her afterwards a Byll of Diuorcement Quod semel approbani iterum reprobare non possum That which once I haue approued and allowed I cannot afterwardes disproue and disalowe Neyther in truethe for ought that euer I perceyued by the want of any Pluralitie man if hee rightlye examine his owne Conscyence can hee pretend any necâ—ssity and want of lyuing for himselfe to bee anye iust cause of his foule disorder herein May Caietane Cardinall of Brygit whose Annuall reuenewes by his Cardinalship amounte to the Summe of two Hundred pounds maye the same Cardinall whose Annuall profites of his Prebend in another Churche amounte to the Summe of two Hundred Markes Maye the same Cardinall whose annuall Reuenewes of his Archdeaconarye in another Churche amounte to the Summe of Fortye Poundes May the same Cardinall whose Annuall Reuenewes of his owne and his Wiues Patrimonye amounte to the Summe of Fiftye Pound complayne iustly that hee standeth in neede of sufficient liuing to mayntayne himselfe his Wife and two or three Children and thereuppon purchase to him selfe a License to retayne a Benefice from the which hee receyueth yeerely one hundred Markes May a Cardinall I say thus furnished with so manye ecclesiasticall Dignities affirme safely with a good Conscience that hee wanteth and standeth in neede of a conuenient liuing Nay maye not the Lordes people rather crye out agaynste this intollerable Ambition Rauyne and spoyle Yea maye not the common weale yea doth it not feele to hirr ruine the miserable pouertie and pâ—…urie of his stipendarie Curate vpon whom he thinketh to haue bestowed a large and bountifull rewarde for his seruice in the ministery towardes the maintenance of him his wyfe and family when as his farmer shall paye him by the yeare ten or twelue pounds at the vtmost Is this tollerable by lawe No no the pretence of pouertie that this man his fellow Cardinal hauing Church vppon Church a personage vpon his prouostship do make to be a cloake for their worldlines can neuer shrowd it selfe so couertly but their iniustice by lawe may
gatherer of charges belonging to the treasury or to take to him either publike or other mens possessions or to be a steward of an house or proctor in any cause of controuersy or yet to become a suerty in any such causes that by this occasion both no hurt be wrought against the churches and that the ministeries be not hindred By wâ—ich Law the Emperour we see vsing the authority of an Emperour and exercising his imperial power ouer the Cleargy within his dominions and regarding the peace and quietnesse of the Church and to keepe the Cleargy as well as the residue of his people in due obedience of his Lawes and within the compasse of their calling hath established these his owne lawes for them his owne subiectes to be ruled and gouerned by Neither staieth hee him selfe in the prohibition of these offices alone but proceedeth further further with the like De epis cler Auth. presbiteros EPISCOPOS autem velmonachos tutelam alicuius personae subire non permittimus And as touching Bishops or Monckes we suffer them not to take on them the ouersight of any Orphane And again the Emperour Iustine writing to Archelaus the chief of the pretory commanded thus Cod. de epist cler l. repentita REPETITA PROMVLGATIONE non solum iudices quorum libet c. Wee repeating our Proclamations think it good not only that the iudges of euery tribunall or iudgement seat but that the gouernors of the churches of this excellent City amongst whome this most filthy kind of proouing dead mens willes haue crept in before warned that they meddle not with a thing which by the disposition of our Laws appertain not in any wise to any other then onely to the Mayster of oure reuenewes For it is absurd yea rather an ignominy for Cleargy men to shew themselues cunning of common Pleadings And the trangressors of this ordinance we deeme shall be punished with the losse of fifty poundes of Gould The reason of which constitution may bee drawne from another Law of the Emperour wherein is prohibited the selfe same thing QVI SVB. c. Wee thinke that the deceite of these men ought to be met with who vnder a pretense of being Deans or collegiat men when they perfourme no such duety endeuour by reason of other chardges to withdraw themselues that none vnder colour of some one office which hee dothe not execute might be eased of the weight and burden of an office which by duety he should execute And againe the same Emperour saith Cod. de testa l. coÌ„sulta diualia Cod. de dona l. in hac l. secunduÌ„ diui ff de decurio l. seuerus ff de iure immunit l. semper §. sina ABSVRDVM EST. c. It is against all rime or reason that offices shoulde be mingled together without order or consideration and that one man shoulde catch a thing committed to the credite of another man And therefore in another Lawe we finde it written thus Non est dubitandum quin nauicularii non debent decuriones creari quia vtrumque officium gerere non possunt It is out of all doubt that Shipmasters cannot bee made Senators or captaines because they cannot exercise both offices Agayne the Emperour still respecting the equity and reason of his former sentences and iudgementes saith thus PLACET nostrae clementiae vt nihil commune clerici cum publicis actionibus vel ad curiam pertinentibus cuius corpori non sunt annexi habeant It is our gratious pleasure that cleargy men haue no communion with publike functions or belonging to the court vnto whose body they are not incorporated And by this law saith the Glosse cleargy men can not be iudges aduocates or proctors in secular causes And will you know then sayth the same glose by what meanes Cleargie men haue gotten into their handes approbations of wils and Testamentes Glos ibidem ver coÌ„petit Quia modicum lucrum pro hiis dabatur clerici cupidi hoc sibi vsurpabant Because a little gaine was giuen for them couetous cleargie men haue vsurped them l. hiis quidem Cod. qui milit non pos lib. 12. l. 1. ff de colleg illicit Pride ambition couetousnesse and usurpation the beginning of ciuill iurisdiction in Cleargy men By the order and discipline of war it is vnlawfull for one souldier to take the paye wages allowed for two souldiers In societies of Cities and Townes corporate and other houses of companies and fellowships it is not lawfull for one to be gouernour ouer two companies of diuers craftes and misteries And againe Cod. de prox sacro scrut lib. 12. l. hac parte in fi Cod. de assesso l. fi NVLLO MODO c. Let them not in any wise take vnto them double offices or be written or enrolled in two regesters heaping by that meanes vpon one man manie commodities and leauing nothing for the residue Because Qui ad vtrumque festinat neutrum bene peragâ—t He that hasteneth vnto two things at once can performe neither of them rightly according to these prouerbiall verses Qui binos lepores vna sectabitur hora Vno quandoque quandoque carebit vtroque He that in one instant a brace of hares will trayle Shall loose the one sometimes sometimes them both shall fayle The reason why Bishops and Archdeacons exempt and disburthen them selues from generall hearing and determining causes of instance and iudgement of law committing the same vnto their Commissaries and officials Doctors of the ciuill law I suppose to be either for that them selues beeing ignoraunt of the law are desirous to haue iustice ministred by men skilfull of the law or els that they hauing dispatched them selues of all outwarde care touching the outwarde man might be wholly dedicated to the trymming and decking of the inner man not onely touching them selues but others also committed to their charge And if they for these respectes and to auoyde ignominy and reproch shun the executioÌ„ of law properly as they say and altogeather belonging vnto them what reason can they pretende to take vppon them the execution of the lawes of this Realm no whit pertinent to their callinges and whereof by all reason they are lyke to be more vnskilfull then of their owne Canons and constitutions By which Canons they are not onely forbidden as before to exercise any Ciuill iurisdiction for other men but also though the same concerne their owne seruauntes Extr. ne cler vel monac c. fi lib. 6. QVOD SI EPISCOPVS c. If any Bishop haue any temporall iurisdiction he ought to commit the same to some laye man that he maye take punishment of all malefactours Now if a bishop may not exercise his owne temporall iurisdiction descending vnto him by lawfull inheritance or otherwise belonging vnto him ouer his owne Tenants within his owne franchisementes and liberties in his owne person but ought to depute the same to an other how much lesse