matter of farre lesse wayght then this Quod inconsultò fecimus consultò reuocamus That which wee vnaduisedly haue done wee aduisedly will reuoke and vndoe And Sir for your part it is very necessarie and expedient for you that wee depose you in deede because Tanto grauiora sunt tua peccata quanto diutius infelicem animam detinent alligatam So much more grieuous are your sinnes by howe much longer they haue your vnhappie soule fettered with their boultes To doe this or the like were in my simple vnderstanding a noble and famous practise of a good and godly Byshoppe labouring to procure peace and prosperitie vnto Ierusalem What may a Byshoppe depriue an honest poore man from his benefice dispossesse a faythfull man of his ministerye stoppe the mouth of the Lordes watchemen and imprison a paynefull teacher in the Clincke in case hee weare not a Surplesse in case hee marrie not with a Ring in case he crosse not in Baptisme or in case hee subscribe not to euerie newe Article inuented by his Ordinarie And may not the same Byshoppe remooue a man that hath openly played the hypocrite publikely falsifyed his worde ympiously committed sacriledge yea and that which is worse hath made an open mocke at the Lawe of GOD and deluded the Lawes of her Highnesse Empyre Is the firste a lawlesse and rebellious PVRITANE I vse but their owne tearmes and is the seconde a dutifull and loyall vassall If a PVRITANE as they call him making conscience not to offende his God in any small thing for his conscience sake bee worthie to bee whipped and excommunicated is a Foolitane making no conscience to offende his GOD in all thinges not worthy once to be summoned Etrauag de elec c. cum dilectur Concerning an olde obiection perhappes by some olde Canoniste to bee obiected that euerye sentence of the Bishoppe whereby hee pronounceth anye man fitte and capable of the ministerye is a definitiue and irreuocable iudgement in case no appeale bee made from the same though my former aunswere were sufficient for the same election yet to aunswere LAWE with LAWE I answere with the glosse that propter aliquam causam post à emergentem potest quaeri quia quae de nouo emerguut nouo indigent auxilio ita semel probatus iterum probatur reprobatur For some cause afterwardes arysing inquisition may bee made because thinges newly happening doe want a newe supplie and so one beeing once allowed may againe be allowed and disalowed And therefore to cōclude if such as bee in authoritie loue the peace prosperitie of the Church of Christ if they desire the good successe of the Gospel if they will preserue the state of this Realme if they thinke it necessarie to haue good Magystrates to haue good Lawes and orders in a common wealth If they esteeme learning and seeke to prefer it If they hate confusion if they allow of their owne conditions like of a kingdome better then of a tyrannous state then are they to prouide betime some speedie remedie for these such like kinde of men and such maner of abuses And if the religion they haue established be good if the orders and lawes they haue made be conuenient it standeth them in hand to see the same reuerently receiued and executed and not openly to bee contemned and broken without sharpe and seuere punnishment they are not to suffer such as execute them not to be vncontroulled vnrebuked and vnpunnished they are not to suffer such as speake for them preach for them call for them and write for them anie more to be checked tanted frumped and shopped vp eyther let their lawes be lawes indeed and maintained as lawes or els deliuer vs from our dueties in desiring their execution and obeying them If by these former conclusions any shall surmise that by them I slylie and couertly as one captious ouer the whole state of the Church should insinuate no lawfull ministerie to bee in England because some one of these points perhaps haue bene are daylie omitted in making euen the beste men that are in the Mynisterie at this daye I aunswer touching as well the whol Church as the learned and vnlearned minister the preacher and him that is no preacher the pastour and him that is no pastour I aunswere I say touching them all as followeth First I confesse that our Lorde Iesus Christ hath a true Churche and a faythfull spouse in England receyuing the doctrines and Sacramentes of Christe publikely taught and administred in the Churche of England wherein we haue ELIZABETH by the grace of God Queene of Englande Fraunce and Ireland a foueraigne a sole and a lawfull gouernesse in all causes and ouer all persons Ciuill and Ecclesiasticall Moreouer I confesse that the doctrines deliuered vnto hir out of the word of God by the ministers for the abolishing of all and all maner superstitions and abuses retayned in the Church and for the establishing of a perfect gouernement of the sayde Church ought to be faithfully embraced and diligently put in execution by his Maiestie according to the prescript rule of the blessed worde of God And againe that the ministers ought euermore in a reuerent and holy feare to teach what so euer they know to bee commaunded or forbidden by the same worde and to shew the daunger as well to the magistrate as to the people if either or both of them shall be negligent or remisse in the Lordes seruice And againe that the people in all holy and honourable obedience should yeeld vnto the magistrats and ministers all such loue reuerence feare and obeysance herein as the Lord by his sacred word prescribeth and their own saluation requireth Againe that neither the magistrate without true instruction from the ministers Nor the ministers without due authoritie from the magistrate ought to wrest any thing into the gournement of the Church For both offices and gouernments Magistracie and ministery are very holy and honourable beeing seuerall tend to seuerall endes and bring foorth seuerall euents in the administration and gouernment of the Churche the one is the mouth the other is the hand of God the one by worde the other by swoord ought to execute the Lordes iudgementes in the Lords house The Prophet Esay at the commandement of the Lord teaching that the Princes of Iudah and Ierusalem should cast away the rich ornamentes of gold as a menstruous cloath did stay him selfe with the publishing of this his doctrine he onely refourmed him selfe and taught and exhorted others to doe the like The Prophet Ieremy vsed onely this weapon of reformation Of a truth sayth he the Lord hath sent me vnto you to speake all these wordes in your eares he hath sent me to prophecie against this house and against this Citie al the things that ye haue heard as for me behold I am in your handes do with me as ye think good and right And though Iehoiakim the king with all his men of power the
and to take awaye all occasion from others to seeke preferment in that house at hir maiesties hands they of late haue inuented a new deuice and practized a new tricke where they were by the order and foundation of the house bound yearely to make elections of such schollers as might presently at the time of the election be placed in the vacant roomes they now either at one time choose a greater number of schollers for them selues then are places vacant and so make but one election in two yeares or else so soone as any place by the departure of any schooler is voyd they foorthwith in the name of the Deane or some Prebendarie chop an other in his roome by meanes whereof either hir maiesties letters are delayed vnto the ende of two yeares or else remayne altogeather frustrated so kinde hearted these no Precisians and these no Puritanes haue beene and so thankfull they haue shewed them selues for their maisterships Deanries and Prebendaries receiued at hir maiesties hands by hir gratious bountie and liberallitie And therefore since they striue so egerly for such tryfles and vse such foule shiftes to shut hir out of doores and make hir schollers packehorses and set them at the Cartes tayle in hir owne Colledges I thinke a man may gesse twice and yet not gesse so nigh as to gesse that Cleargie men enemies to reformation rather then they woulde loose their dignities woulde if it laye in their power gyue hir Highnesse prerogatiue the Canuysadoe They allow hir maiestie a royall power to shred greene Olyue braunches but to roote vp olde rotten dotterelles they deny hir anye such authoritie they can bee contented hir maiestie shoulde strippe poore men cloathed with sackecloath but mighty men decked in scarelet shee may not touch or once looke awrye vppon No cause of the name of ecclesiastical court Concerning the Courtes and iudgement seates of Archbishops bishops and Archdeacons hitherto reputed and called Ecclesiasticall Courtes I can see no reason in the worlde why they shoulde be any more so esteemed taken or reputed or why anye matter or cause or suite or controuersie commenced in those places shoulde or ought to be called or counted Ecclesiasticall For though in times past I meane in time of popery they might probably and coullorably be so called either for that Cleargy men alone were Iudges and exercised iudgement in them either for that such parties as betweene whom suites did depend were for the most part meere church men either for that all peticions and actions made and begunne in those Courtes were for such matters and causes as whereof church men onely by vsurpation challenged vnto them selues the decision and determination yet now so it is that all these reasons fayle and are of no force For with vs at this day though Archbishops bishops and Archdeacons be Cleargie men and chiefe amongest the ecclesiasticall seat yet notwithstanding Doctors of the Ciuill lawe meere laye men as they call them and no whit beneficed by priuiledge of Cleargie exercise all iurisdiction reputed Ecclesiasticall in their consistories and by the ordinaunces of the Realme are made competent and lawfull Iudges in these Courtes 25 Henrici octui Where one suite now dependeth or these manye yeares hath depended in the same Courtes betweene Cleargie men alone one hundreth almost are and hath beene depending betweene laye men alone the causes them selues are all for the moste part mere Ciuill and belong onely to the Ciuill court Approbations and insinuations of Willes and Testamentes by expresse wordes as you haue hearde out of the Ciuill lawe are absolutely prohibited vnto Bishops and all other Cleargie men And so consequently for that Appendices sequuntur principalis subiecti naturam Accessories follow the nature of the principall subiect All causes of Legacies Bequestes Accountes Inuentaries Commissions of Orphanes gooddes and whatsoeuer else may be incident to anye of those causes are vtterly forbydden Causes of wrongfull and iniurious slaunders infamous Libels and contumelious crymes causes of contractes and marriages causes of dowrie and diuorce causes of filiation and legitimation of children matters of Vsurie and whatsoeuer appertayneth to the decision of these causes are causes meere ciuill and pertaine to the ciuill magistrate and therefore sithence Archbish Bish and Archdea to disburthen them selues may lawfullye commit the hearing of these causes from them selues yea and very seldome or not at all execute their iurisdictions by them selues but continually and effectually do surrogate and depute Doctors or Bachelors of the Ciuill lawe What iniurie to their persons or alteration of the state and gouernment can it be in case hir maiestie by hir prerotiue did commit the same causes vnto the same men and make the bishops men hir men and their commissaries hir presidentes Touching matters of tith it is lawfull for the chiefe Iustice of the kings bench where any vsage or custome by any partie is pretended to paye lesse then the whole tith as suppose the twenteth or forteth part of his tithes Yea in some cases where no tith at all is payde as vpon the statute of tith wood beeing timber trees aboue twentie yeares groweth to prohibite in hir maiesties name euery iudge ecclesiasticall that hee proceed not to the determination of any such cause and so to take vnto him selfe the hearing and determination of the same according to the common lawes of hir highnesse realme There is small diuersitie of reason why the same or some other Ciuill magistrate may not as well heare and determyne all and singular causes of tithes after what maner or forme soeuer they be payde as whereby long continuaunce of tyme they haue beene customablye payde after such and such sort or where no payement at all hath beene made In the seconde or thirde instaunce when appeale is made from an Archbishop Bishop or Archdeacon into hir highnesse high Court of Chauncerie or Delegates in any case whatsoeuer hir maiestie by the prerogatiue of hir Crowne and dignitie hath absolute power to appoynt such men to set a finall ende and ordinate direction therein as by their wisedomes shall be thought consonant to equitie right and good conscience There is no disparity of reason why in the first instaunce shee maye not as well haue like authority or why like authority from her or by her Maiesty may not lawfullye bee committed to any of her subiectes though no ecclesiasticall persons but onely seculer and laye men Neyther by this meanes shoulde the course of Lawe touching appeales be taken away but the same might be still practised as now it is In the prouinces belonging to the Romaine Empire though presidents and Proconsulles had their Commissions from the Emperour yet appeales were notwithstanding made from those Gouernours vnto the Consistories and tribunall Seates of the Emperoures imperiall City of resyaunce and cheefe aboade And therefore though the Gouernmentes nowe reputed Ecclesiasticall but in trueth Ciuil were absolutely translated from Ecclesiasticall men and put into the hands
of lay men as in trueth it is already executed by lay men yet the Courtes of Arches and Audience and the Court of Delegates might remayne and continue still and as they ought indeede so they might in worde as well and better to bee called the Queenes Courtes of Arches and Audience as the Archbysh of Canterburies Courtes of Arches and Audience As conuenient for the Doctors to attend vpon the Queene as vpon the Archbysh And as good a sight it were as dutiful a part for my masters Doctoures of the Ciuill Lawe in their Scarlet robes to attend vppon her Maiestyes roiall person in case she passed thorough Paules as to attend vppon their Lordes grace his person And as touching euery other Consistory nowe called the Bpshoppes or Archdeacons Consistory for auoyding of confusion and many iudgement seates if they were vnited and reduced in euery Shiere or euery Diocesse to one consistorye it mighte lykewise haue the name of the Queenes Consistorye and the Courtes bee called the Queenes ciuill Courtes as wherein according to the natures and qualities of the causes before specified Ciuill Iustice might bee ministred and the Popish ecclesiasticall Lawe abandoned and as a froth or filth bee spewed oute of the Common Weale Her hignesse can not more gratify the Pope then by executing his lawe For assuredlye by no meanes can her Maiestye so much gratifye her capitall enemye as by authorising and practising his Lawes nor by no meanes can shee more honour the Lord then vtterlye to abandon all semblaunce of any gouernment proceeding from an enemye and Traytour to his Maiestye Neyther were it a Dodkin matter so little is his Lawe worth in her state and gouernment to haue all Bookes of her enemyes Lawes layde on a heape in Smithfielde and sacrificed in Fire vnto the Lorde her owne common and statute Lawes the Ciuill Lawe for the exellencye thereof receyued among all Nations and certayne prouinciall Constitutions made heretofore at her Auncestours commaundement haue for the moste part alreadye and where neede is speedilye maye haue sufficient matter in them for the gonernment of the Church and Common weale without any helpe from the Laws of the enemy of the church and Common weale Instit de iur natu genti ciui § sed quod The Lawe of a King is as it were the mouth of a King for that he alwayes speaketh by his Lawe And if wee suffer the Pope to speake amongest vs as a King doe wee not honour him as a King If wee imbrace his power doe wee banish his personne If you say that they bee not executed as his Lawes but as ours I aske you agayne why shoulde they at all be executed as oures For in trueth they doe lesse good vnto vs then an Herb-Iohn doth as is sayde in the Potage for that Herbe doth neyther good nor harme But these Lawes doe annoye vs vvonderfullye and they doe vs no manner of good at all They are altogether needelesse they are altogether Bootelesse I woulde to GOD they were altogether footelesse too For touching the gouernment of the Church wee haue first the perfect and altogether righteous Lavve of God to rule the same by Secondlye wee haue her Maiesties Iniunctions the common and Statute Laws of the Realme and the prouinciall constitutions conteyning in effect whatsoeuer ought in anye case by any subiect to bee practised within this Realme Touching the administration of Iustice in anye ciuill cause before mentioned and wherof practise is made in the ecclesiasticall Court there is nothing good in the whole body of the Canon Lawe concerning the same but the same hath beene culled out of the Ciuill Lawe it is but an Epitomy of the Ciuill Law The rules of the Cannon Lawe are for the most part rules taken out of the Ciuill Lawe onely there is this difference that by the Cannon Lawe a man in some case shall not in his whole life time get an end of his suyte as these parties that had a cause depending in the Popes Court twentye foure yeeres and yet in all that space Lis non erat contestata an issue could not bee ioyned wheras by Ciuill Law a cause in the first instaunce ought to bee finished within three yeeres at the vtmoste or else the Agent becommeth non suite And if vppon cause the matter bee appealed after definitiue sencence the same cause of appeale ought ordinarily to bee ended within one yeare or vppon some iust cause extraordinarilye happening vvithin two years Otherwise the appeale is frustrate so that in both instaunces fiue yeares onely must bee spent in suit of law And nowe what reason is there that the Canon Lawe shold be still canonized amongst vs when it was ordeined that none should proceed in any vniuersity doctor of the Canon lawe I thinke the meaning of the ordinance cheefly was that leauing no hope of preferment to the professours thereof the thing being of it selfe so vile they shoulde loose no labour in the study thereof But I will conclude that in as much as by the Canons Constitutions ordinaunces and synodalles prouinciall made before the 25. yeare of Henrye the eyght Byshpos and all other Cleargy men are forbidden to be Vicountes Presydentes Iustices Stewardes Bayliefes gouernoures of Villadges Iudges Aduocates Assessors Tutors Gardians Ouerseers runnagates to seculer Courts farmers of temporall possessions receyuers of reuenewes present in anye place where mencion of anye processe or iudgement is to bee awarded agaynste anye man to the sheading of bloude And in asmuch as they are commaunded to apply themselues wholly to Prayer and supplication and not to neglect their office and to intangle them selues with worldlye businesse And for as much also as the Emperour hath vppon substantiall reasons and principles inhibited the Cleargy vnder his Dominions the like offices to the end there mighte bee no confusion of gouernment nor mingling of offices nor Iustice vnministred nor one to defraude another and for as much also that such Canons Constitutions ordinaunces and synodalles prouinciall before specified bee not contrariant nor repugnaunt to the Lawes Statutes and Customes of this Realme nor to the domage or hurt of the Queenes Prerogatiue royall but rather for the establishment of the same the same Canons beeing both founded vppon the Lawe of God whereby her prerogatiue standeth and is vpholden and confirmed by the Lawes of reason and nature and also ratified by the consent of Emperoures and nations that therefore these Canons constitutions ordinaunces and synodals prouinciall ought to be vsed and executed as they were before the making of the Act 25. Henry the eight and that therefore it is vnlawfull for Archbishops bishoppes or anie Cleargie men to beare any ciuill office in the common wealth If any except that before 25. of Henry the 8. bishops and Cleargie men did vse and execute those offices and that therefore these Canons were not then in vse and executed and therefore not in vse now or to
AN ABSTRACT OF CERTAIN Acts of parliament of certaine her Maiesties Iniunctions of certaine Canons Constitutions and Synodalles prouinciall established and in force for the peaceable gouernment of the Church within her Maiesties Dominions and Countries for the most part heretofore vnknowen and vnpractized Cod. de Epis Cler. l. Nulli licere ¶ Neyther let them feare to be called and suspected pick-thankes seeing their faythfulnesse and diligent trauell carrieth with it as well praise as honestie and godly zeale hauing published the trueth to the eares of all men and brought it to the open light PROVER 31. 8. Open thy mouth for the dumbe in the cause of all the children of destruction To the Christian Reader THou hast seene beloued by long experience a lamentable contention to haue growen and continued in our English Church about reformation of Ecclesiasticall discipline and popish ceremonies whereby the quiet peaceable estate both of the Church and coÌ„mon wealth haue been shrewdlie troubled and brought in hazarde The causes of which warre and dissention I leaue to the good consideration of thy godly wisedome onely I am to intreat thee to accept this my labour bestowed vpon the study of the lawes appoynted for the gouernaunce of the same Church hoping that by the authoritie of hir excellent maiestie and the counsayle of the honorable fathers gouernours of her highnes empire they may hereafter not only be better executed but also if the case so require be reuisited For were the same Lawes either better knowen vnto the whole church either better executed by those vnto whome our gratious Soueraigne hath committed their Execution no dout but very many notable points of such controuersies as haue beene a long time amongst vs woulde be easily speedily by the same laws decyded I am not beloued in this so waighty a cause absolutely to rest my selfe vpon the skill of mine own simple iudgment onely according to the knowledg giuen vnto me I haue for my part faithfully laboured to cite the lawe for that end purpose wherunto I take the same to haue beene first ordeined And therfore I am heartilye to desire thee to accept of this my labour trauail vndertaken not onely for the defence of her highnesse Lawes but also for my brethren and neighboures sakes and that peace and prosperity mighte bee within the walles and pallaces of Ierusalem Farewell and pray in thy spirit for the preseruation of the life of our gratious Queene Elizabeth An Abstract of certaine Actes of Parliament of her Maiesties Iniunctions Canons and Synodals Prouincial established and in force for the peaceable gouernement of the Church within her Maiesties Dominions heretofore for the most part vnknowen and vnpractized BY an act of Parliament made the 25. H 8. C. 19. intituled An act concerning the submission of the Cleargie c. It was enacted as followeth Prouided also that such Canons constitutions ordinaunces and Synodals prouinciall being alreadie made which be not contrariant nor repugnant to the lawes statutes and customs of this realm nor to the domage or hurt of the kings prerogatiue royal shal now stil be vsed executed as they were before the making of this act c. This act is reuiued 1. Eliza. ca. 1. Out of this act I conclude that al Canons constitutions ordinances and synodals prouincial made before this act requiring and commanding a learned Ministery prohibiting many benefices to be giuen to one man prohibiting ciuil iurisdiction to be in Ecclesiasticall men and prohibiting one man to excoÌ„municate for that such Canons c. cannot be contrary or repugnant to the lawes of this realme nor hurtfull to the kings prerogatiue are in force ought to be executed and therefore by this act all the Canons specified in any part of my treatise are in force so by vertue of this act a learned ministerie commanded Plurallities forbidden c. A learned Ministerie commanded by the Lawe Ex De elect Cap. Nihil est NIHIL EST c. There is nothing that may hurt more the Church of God then that men vnworthie are taken to the gournment of soules We therefore willing to applie a medicine to this disease decree by an inuiolable constitution that when any shal be chosen to the gouernment of soules he to whome the confirmation of his election appertayneth diligently examine both the processe of the election and the person elected to the ende that if all thinges concurre aright he may confirme him in his function For otherwise if any thing shall be vnaduisedly attempted not onely â—e that is vnworthily promoted but also the vnworthie promoter him selfe shall be punished and if any man shall approoue any of insufficient learning of an vnchast life or not of lawful age when his negligence herein shal appeare we decree him to be punished thus not onely that he be â—uite depriued of power to confirm the next successor but least by any meanes he might scape vnpunished that he be also suspended from the commoditie of his owne benefie Out of which constitution these conclusions may briefly thus be gathered 1 Whatsoeuer is hurtfull to the Church of God the same is to be forbidden 2 But it is hurtful to the Church of God to haue vnworthie men takeÌ„ to the gouernment of soules 3 Therefore the same is to be forbidden 1 He that cannot worthily execute his office is â—ot to be admitted to holy orders and Eccleâ—…asticall dignities 2 But a man of insufficient learning of vnhonest coÌ„uersation can not worthily execute his office 3 Therefore such a one is not to be admitted to Ecclesiasticall dignities IF any iudge the meaning of this Chapiter to bee onely of superiour Prelates as Archbishops bishops Abbotes or such like elected by some common society of canons Monkes Friers or collegiat Priests because of these words Election Confirmation properly applyed to such not to inferior Ministers which are properly sayd to be presented and instituted then is such both diligently to marke the reason of the decree prouiding a remedie against the detriment that might redounde to the Church in both cases if for both remedie were not before hand prouided And also to vnderstande that the name of Prelate is by law attributed likewise to euery Parson and Vicar hauing cure of soules D. ex de cleric aegrotant c. sua glos lynd Consti de sacra iterand c. ignorantia vers prelati Quia quilibet qui praeest curae animarum dicitur esse Prelatus Euery one that is preferred to the cure of soules is named by this name Prelate And also that election and confirmation in and to the superiour functions haue but the very same effect to the obtaining of their promotions that presentation and institution haue to the inferiour Ministers for enioying of their benefices then is such I say to consider all these thinges together with the end of the chapiter where speciall charge is giuen for inferiour offices And so
soone be discried and discouered For this clause of law Sed etiam habentes plures ecclesias c. But they that haue many Churches one not depending on the other it is lawfull for thee notwithstanding any appeale to the contrary to constrayne them at their choyce to leaue one of them vnlesse they shall be so poore that they can not conueniently haue their proper and peculiar Priestes I say this clause nisi ita fuerint â—ennes can not excuse master Cardinall or master prouost to retayne his Abbey or Frierie and by dispensation a benefice or two besides For that as I say de before this priuiledge hath no place when as a man voluntarily hath taken vppon him a small charge and so contented him selfe with a small portion at the first But onely it hath then place and then taketh effecte when as Ex post facto by some after deed his Church is impouerished Moreouer those Churches are counted Tenues in substantia Churches small in reuenue which haue not a flocke of ten persons families or housholdes able to contribute to the maintenannce of a Pastor as appeareth by the Canon following 2. q. 3. c. vnio HOC NECESSARIVM c. This we haue thought necessary to be ordayned that many Churches be not at all committed to one Elder because he alone can neither perfourme his office in them all neither yet imploy any necessary care for the administration of the goodes thereof For this consideration therefore we commaund that euery Church which hath had ten housholdes haue also a pastor ouer the same and if any haue had fewer then ten let then that Church be ioyned to some other Churches By which constitution our pluralistes if they were not wilfully blynde might easely vnderstand that the law doth not permit one man by reason of pouertie to haue many Churches that are able of themselues to mayntaine manye pastours but that many poore Churches vnable to maintaine many pastors should be consolidated and vnited to one and beeing so ioyned togeather and made one then to haue one pastor ouer them all that might haue of them all a competent salarie for his sustenaunce For sayth Rebuff Papa in dispensatione maximè respicere debet vtilitatem ecclesiae non personae sed hodie ventum est vt personae vtilit as consideretur polius quà m ecclesiae potius dispensatur cum diuite qui totam vorabit ecclesiam quam cum ali bona qui 〈…〉 possit The Pope in a dispensation ought chiefly to respecte the profit of the Church not of the partie but it cometh to passe now a dayes that the profite of the parson is rather considered then of the Church and a dispersation is rather giuen to a rich man which will deuoure the whole Church then to an other good man which might maintaine the Churche If therefore it might stande with the good pleasure of hir highnesse godly Commissioners in causes ecclesiasticall within their seuerall charges not only to examine the lawes precedent but also to put in execution the lawes following they should by this their industrie speedely and plentifully prouide manye good competent liuinges for many good men to become good pastors in the same I meane not Ecclesiasticall men placed Ecclesiasticall Commissioners for they for the moste parte are the greatest offenders in this behalfe but I meane those of hir most honourable Councell of hir Nobilitie and of her worshipfull subiectes hauing graunted vnto them from her highnesse as great authority as any of the Ecclesiasticall state haue An Ecclesiasticall Commissioner is no more exempted from controulement of his collegues and associates then is a Senatour from the order of the Senate or a Counsailour from the directions of the body of the Counsaile or a Byshoppe from the censorshippe of a Lawfull Synode If therefore the Nobler sounder and better part of the ecclesiasticall Commissioners did examine not onely such plurified men as are no commissioners but such plurified men also as are ioyned in Commission whether by vertue of any faculty license or dispensation they or any of them haue enioyed mo Benefices with cure of soules then one alone aboue the space of seuen yeares then should the sayde Commissioners finde the same Benefices so possessed to bee meerely voide as though the incumbent were dead Because euery Dispensation graunted for more then seuen yeares by Lawe is a voyde Dispensation as appeareth by that that followeth Lib. 6. de elect licet canon § is autem IS ETIAM c. The party also which is taken to such a Regiment to the end he may more diligentlye care for the flocke committed vnto his charge let him be personally resident in the Church whereof he is person And as touching his residence the ordinary for a time may dispence if any reasonable cause so require He sayth well sayth the glosse Glos verb. ad tempus that the ordinarye may dispence for a time because the Pope himselfe cannot giue perpetuall indulgences for residence and such as were giuen before by Popes He hath reuoked as appeareth by the constitution following Lib. 6. de rescr c. vlt. QVIA PER AMBITIOSVM c. Because of the ambitious importunity of suiters is welwe as some of our pre dicessours Bishops of Rome haue giuen vnto many perpetuall indulgeÌ„ces for the receiuing of the fruits of their benefices daily distributions excepted whether they were at study or whether they were resident in eyther of their benefices or had their abode in the Court at Rome or in any other certaine place or wheresoeuer else by meanes whereof insolences of gadding doe spring foorth and a matter of dissolutenesse is prepared the seruice or worship of God which we desire shoulde be increased is diminished and the office of Ministery in respect whereof an Ecclesiasticall benefice is due for the moste part is omitted wee willing to amend things passed and as much as lyeth in vs to prouide agaynst thinges to come doe vtterly reuoke all such and the like personall and not reall indulgences And that which we suffer not Lawfull in our selues we forewarne the same vnto our successours Glos verb. perpetuas ibidem By which Canons it is plain that euery dispensation should haue a certayne time limitted beyond the which it ought not to bee extended for by this perpetuall indulgencie is vnderstood an indulgency for terme of life An indulgency therefore for terme of life may not be graunted for then is it perpetuall and so contrary to the meaning of this last constitution Wherfore the time of necessity must be limitted which time the Lawe following hath limitted and appoynted to be seuen yeares onely Lib. 6. de elect cum exeo PRESENTI CONSTITVTIONE sancimiis vt episcopi eorumque superiores cum hiis qui huiusmodi subiectas sibi ecclesias obtinent vel obtinuerint in futurum dispensare possint liberè quod vsque ad septennium literarum c. By this present decree we
Lyndw. ne clerici vel monac c. vlt. PRESENTI DECRETO c. Wee ordeyne by this present decree that Clearkes beneficed or placed in holy orders bee neyther admitted gouerners of Villadges as to be Stewards or Bayliffes of such administrations by occasion whereof they might be lyable to make accounts vnto laye men neyther yet that they exercise anye secular iurisdiction speciallye those whereunto iudgement of bloode is annexed And from these decrees I conclude thus 1 Whosoeuer ought to attend vppon the alter and to giue him selfe to prayer and making of supplication ought not by anye testament to bee made a Tutor or Gardian 2 But euery one honored with the holy priesthood and placed in the ministery of Clearkes ought to attend vppon the Alter and apply him selfe to prayer making of supplication 3 Therefore none honoured c. and placed c. ought by any testament to bee made a Tutor or Gardian 1 Whosoeuer is gouernour of any Village Steward or Bayliffe of anye liberty or bayliwicke is by vertue of his office accountable to the laytie 2 But no Clearke beneficed or otherwise placed in holy orders by occasion of temporall officers ought to bee accountable to lay men 3 Therefore noe Clearke beneficed or anye other placed in holye orders ought to bee anye Gouernour Steward or Bayliffe THE lyke constitution was made by Octobone sometimes Legate from the Popes side here in Englande and speciallye publyshed againste the excesse of our Englishe Cleargy in this behalfe Constitu Octob. ne clerici iuris secular exerceant CVM HONESTATIS c. Insomuch as it is reputed a speciall decency of ecclesiastical honesty to be farre estranged from carnall actions we deeme it a very heynous and filthy thing that handes deputed vnto heauenly ministeries shoulde be intangled with secular affayres Or that certaine Clearkes seeking after earthly gaines and temporall iurisdiction thorowe a foule and greedy rauine doe receiue from lay men seculer iurisdiction and be called Iusticers and minister iustice which they cannot minister without a dissipation and iniury of ecclesiasticall order Therefore we desirous to extirpate this horrible vice straightly forbid all persons of churches and Vicars with perpetuities yea also all other manner of persons whatsoeuer placed in the ministery that they presume not to take any secular iurisdiction of any secular person or to exercise the same according to the precepts of holy Canons by this present Constitution we straightly inhibite that none placed in spirituall warfare presume to exercise in the secular court the office of an aduocate eyther in the cause of bloud or in any cause whatsouer saue onely in such causes as are permitted vnto him by Law And we likewise forbid that any cleargy man shoulde presume to bee eyther a iudge or an assessor Which constitutiō of Octobone as it seemeth in some sence and in some respect to exempt cleargy men altogether from the power and soueraignty of Kings and princes denying them indeed power ouer the Cleargy and so in this sense be contrary and repugnant to her highnesse Crowne and prerogatiue royall and therefore not authorised by act of Parliament though in the end the same Legate seeme to allowe the Kings priuiledges adding these words Saluis domini Regis priuilegiis Sauing the priuiledge of my Lorde the King So in another respect and in another sence if regard be had to the generall equitye of the inhibition we shall finde the same to agree altogether with the reasons of the former prouisions For in this constitution the Legate allegeth other reasons then before were alleaged and forbiddeth other offices then by the former were forbidden The reasons may be gathered thus 1 Whatsoeuer is iniurious vnto the ministerye or breedeth a dissipation of the ministerye the same may not be lawfully layde vppon the ministery 2 But to be deputed a minister of iustice to be made an aduocate a Iudge or an assessor is iniurious to the ministerye and breedeth a dissipation thereof 3 Therefore these offices may not be deputed vnto them 1 Whatsoeuer may be cause that the cleargy by any foule fault should swarue from the workes of fayth the same may not lawfully be layde vpon the cleargy 2 But to be made a Iustice an aduocate a iudge an assessor in seculer Courts may be cause that the Cleargye shoulde swarue from the workes of faith 3 Therefore Cleargye men lawfully maye not bee made Iustices aduocates Iudges or assessors in seculer courtes WHich two reasons of this prouinciall decree may probablie seeme to haue beene collected out of some more auncient Canons long before that time established wherby the like offices were forbidden and principally for these causes following 21. q 3. peruenit Gloss non exerceant Extra de vit honest cler c. clerici consecratio distinc 5. c. First that for filthy lucres sake they meddle not with taking to hire possessions seculer causes Secondly that thorough slouth idlenesse they separate not themselues from the holy ministeries Thirdly that they runne not a gadding to the Courtes of seculer princes And lastly because the Psalter should neuer be out of their handes And not onely vpon these groundes haue these Lawes at the first had their essence and establishment but sundry other considerations as forceable as these are apparantly known to the learned in the laws for the ouerthrow of ciuill Iurisdiction in ecclesiastical men In the administration of ciuil Iustice euery one in commission of peace without respect eyther of the person or of the cause oughte indifferenly and vnpartially to execute his office For bee a man once sworn in commission of peace he may not afterwards deale with hearing of what causes he list hee may not take notice of halfepeny matters and post ouer matters of bloud to his fellow iustice hee may not onely set an ende betweene neighbour and neighbour for shrewde wordes passed but he must prosecute the murtherer to death he must take his examination and he must send him with a Mittimus to the Iaile He must at the generall Sessions of gayle deliuery certifie the murtherers confession Now because it is a matter very haynous by the ecclesiasticall lawe in force that any ecclesiasticall person shoulde bee present in any place where any sentence is giuen for the sheading of bloud much lesse to bee a minister of Iustice in a cause of bloud Therefore ciuill iurisdiction for this cause also is forbidden ecclesiastical men And among many constitutions I haue thought good to recite onely these that follow Extra ne cleric vel mon. c. clericis CLERICIS IN SACRIS ORDINIBVS c. It is not lawfull by the Councell of Toletane for Clearkes placed in holy orders to handle iudgement of bloude Wherfore we prohibit that they by them selues neyther chop of any members or cause any to be chepped off For if any shall doe such a thing let him be depriued of his honour and of his place And agayne
may he lawfully exercise the Ciuill iurisdiction of an other man Again 88. distinc c. epis conc glos lib. 6. de regu iur c. potest quis EPISCOPVS TVITIONEM c. A bishop ought not to take vpon him selfe the defence gouernment and charge of Widowes and Orphanes and straungers but he ought to dispatch these businesses by some other chiefe Elder or chiefe Deacon But contrary to these Canons lawes principles our Prelates not hauing so ruly and stayed a will as were requisite make a hotche potche of the Cleargie and layetie a gally maufrey of magistracie and Ministery and a mingle mangle of Pastours and people They turne cat in the pan as we say and maintaine the tumbling of the office of a Minister vppon one of the people and the office of one of the people vpon the minister so that by this their iumbling of offices togeather there can be nothing but confusion and disorder as well in their gouernement as in their iudgement Bishops gouernment in ecclesiastical causes being â—uill that argueth the same in ciuil causes not to be good For my part if I as well knew their gouernement in ciuill causes where they may be in commission might hereafter be good as I am sure their iudgemente in Ecclesiasticall pollicie hath hitherto beene naught I woulde wishe them rather to be Magistrates in the common weale then superintendentes in the Church But because it may easely be coniectured by the fact of the one what the effect of the other woulde be it is to be wished that they still were barred from the first hauing so shamefully abused the latter For besides the manyfest contempt and abuse of all lawes positiue in force committed to their fidelities whereof in the former treatizes mention hath beene made if a man shall peruse their aduertisementes and their Canons set foorth for due order in the publique administration of Common prayer and concerning certayne offices of the Church and certayne dutyes belonging to those officers he shall finde they haue bestowed but little labour in making them and lesse fidelitie in executing them For the aduertisementes besides the preface the whole Treatise is not fiue leaues and a halfe of Paper with the subscription of their names and all In which fiue leaues their is not anye one thing mentioned and commaunded to be done but the same was either commaunded by hir maiesties Iniunctions in the firste yeare of hir highnesse raign and therefore needlesse to be repeated againe Or else is translated out of some latin Canon and so made an englishe article halfe an howres study for a bishops Chappleine Title Articles for administratioÌ„s of prayer sacraments Or els is directly against hir maiesties Iniunctions and therefore sauoreth of supremacie Or els is superstitious and therefore smelleth of Poperie And so contrary to the commaundement of the Lord. Hir maiestie by hir iniunctions commaundeth euerye Deane Archdeacon Parson and Vicar to preach in euery of his cures by him self euery moneth 43. Iniunction And because none should be excused as vnable in this behalfe she hath commaunded the bishops that none vtterly vnlearned be admitted to any cure or spirituall charge and she by hir singular and excellent wisedome accounteth him vtterly vnlearned that coulde onely reade to saye mattens or Masse but by the aduertisements and Canons the bishops pronounce it sufficient that a Parson or Vicar preach once a quarter and that not by him selfe but by an other and that one vtterly vnlearned euen as by hir wisedome an vnlearned man hath beene adiudged be admitted to the ministerie and afterwardes sent to the Archdeacon or his officiall to school and to conne his taskes of scripture and to learne his Catechisme Againe Hir maiestie hath commanded euery one to preach within his owne cure without a licence they commaunde that none preach within his owne cure except he haue a licence vnder the bishops seale The article that the minister shall weare a cope with Gospeller and pisteler agreeably smelleth rancke of superstition and as far as I can finde both against hir highnesse Iniunctions and besides the booke of Common prayer The booke of the bishops Canons is of somewhat a larger volume it contayneth 14. leaues you must consider the whole conuocation had an oare in that Boate it intreateth of Bishops of Deanes of churches of Archdeacons of Chauncellors Commissaries and Officials of church wardens of Preachers of residence of Pluralities of schoolemaisters and of Patrons of benefices In the description of which offices as it is manifest they had but little regard to the word of God so is it apparaunt also to euery one learned in the Canon lawe that for the most part they are translated thence here a pece and there a pece and all not worth their labour because if it be not againste the lawes of the Realme or preiudicial to hir highnes prerogatiue then is the same already confirmed by act of Parliament 25. Henry the 8. 25. Henry 8. c. 19. and if ther be any thing in their sayde Canons which is not thus translated out of the Canon law whatsoeuer the same is if it be good then was the very same established before by hir highnesse Iniunctions For as touching the erectioÌ„ of new offices belonging to an Archdeacon and the Bishops Commissaries and officials in teaching the ministers their Catechisme and hearing them say their lessons without booke and to take an account how they haue profited in Scripture I thinke if the prerogatiue of the conuocation house were well searched and made knowen it might not erect any new office or promulgate any new Canon without hir maiesties speciall consent first had and obtayned therevnto And I am sure that neither by lawe neither by custome this office did euer belong to an Archdeacon or his officiall before the booke of these Canons was published Booke of Canons and title of bishops Touching the not making handy craftes men and such as haue no title to liue by to be ministers and the not making any minister at any other time but when it shall chaunce that some place of ministration is voyde and that none be suffered to be occupyed in the administration of the Church that is called by the idle name of a Reader Title residence Or that is made a minister vnder the age of foure and twenty yeares or vnderstandeth not the Latin tongue hauing no giftes of teaching or the absence of the sheephearde from the Lordes flocke and diuers other thinges specified in the Bishops Canons If the translator had not beene more faithfull in his translation then the Bish in the execution a meere English man should neuer haue knowen any such thing to haue beene written in the Latine Lawe And therefore because NEMO negligens in re sua presumitur diligens in re aliena No man negligent in his owne cause can be presumed to become diligent in an other mans I can gather no
otherwise then that there hath but little good growen to the Common weale hitherto by the bishops and Cleargie men in the Administration of Ciuill iustice And that therefore such as haue written or spoken or preached againste Ciuill iurisdiction in the Eclesiasticall state haue done it for two vrgent and waightie considerations Friendes of reformation friendes of the queenes maiesties prerogatiue First not to encounter hir maiesties prerogatiue as it is falsely supposed but to teach their Lorde and maisters truth They haue not doone it in disobedience to hir crowne but in obedience to their God They know it is better to obey God then men and therefore they haue laboured faythfully by the worde of God to perswade hir maiestie and the estates of the Realme that these offices ought not by the Lawe of God to be resiaunt in one person and therefore hath exhorted hir maiestie and them in the name and feare of God to vse hir prerogatiue and theire authorities to the seuering of them Secondly they haue preferred the generall welfare and commoditie of the common weale before the vnlawfull honours and promotions of priuate men They know by learning and haue prooued by experience what detriment maye insue to the Common weale when offices are committed to men ignoraunt of such duties as belong vnto their charge A man that hath spent all the dayes of his lyfe in the studie of Grammar or Oratorie and hath alwayes taught the same were a very vnfit man at the age of threeschore yeares to be made a publique Keader in Phisicke or Law and yet notwithstanding to remayne a Schoolemaister still Expedit reipublicae vt quisque officio suo fungatur It is expedient for the Common weale that euery one execute his owne office And I am of opinion that the friendes of reformation are greater friendes and mayntainers to and of hir highnesse prerogatiue then the others be For they ascribe vnto hir maiestie indeede truth and veritie that which the others do but in worde shew and semblaunce onely They earnestly desire and craue that as hir highnesse hath beene annoynted and Crowned by the Lord him selfe Queene and gouernesse ouer them and as she is their naturall and onely lawfull Ladie and Mistresse and as she hath the name title and stile of supreame and chiefe ruler ouer all persons in all causes So likewise the causes now accōpted Ecclesiasticall beeing meere Ciuill shee might in deed truth and veritie haue all and all maner of iurisdiction executed in hir maiesties owne name as well in Courts and iudgements nowe reputed Ecclesiasticall as in other hir maiesties Courtes temporall whereby hir Ciuill gouernement might be more enlarged Which thing the abettours of reformation perceiue now to be otherwyse Forall summons actes proceedinges sentences decrees and iudgementes in all causes and controuersies determinable before Archbishops Bishops and Archdeacons are begunne continued and ended in the Archbishops bishops Archdeacons their Commissaries or Officials names stiles and dignities without any relation or mention of authoritie gyuen unto them as proceeding from hir maiestie then the which there can not seeme anye thing more preiudiciall to hir state Crowne and dignitie For be it that they be created Archbishops and Bishops by hir highnesse and inuested into their seas at hir Graces commaundement yet this argueth no greater prerogatiue belonging vnto hir maiesty ouer them then such as she hath ouer hir other subiectes whom she createth Barons or dubbeth knights But as concerning common and ordinarie iurisdiction in causes reputed Ecclesiasticall they haue no letters patentes from hir maiestie conuaying vnto themas from hir royall person any power ouer hir subiects to heare and determine their causes in hir highnesse name and vnder hir gouernement Onely they execute such iurisdiction as by popishe constitutions or popish customes hath beene heretofore annexed to their Archbishopprickes bishopprickes and Archdeaconries and that by an vtter enemy to hir royall person state and gouernment B. L. to his colleague Comissioners In so much that some of them by Letters hath signified vnto their Colleague Commissioners that common and ordinarie authoritie in causes ecclesiasticall chiefly and almost onely belong to them selues and their officers And that commissions from hir maiestie for reformation in matters ecclesiasticall graunt onely an extraordinarie authoritie And that therefore the sayde Commissioners haue not to heare matters of instance and such as requyre iudgement of lawe for that such causes belong onely to them selues and their officers whereby they haue insinuated hir maiestie to haue no common or ordinarie authoritie in causes ecclesiasticall as they them selues haue Whereas all other courts within hir highnesse Empyre as leetes courtes Baron courtes of regarde courtes of Forrestes I leaue to speake of hir highnesse owne Courtes at Westminster all liberties and franchises all parkes and free warrens belonging to any of the Nobilitie Gentrie or any Citie or borow of this Realme haue euer had their beginninges and establishmentes by the gratious fauour of the Kinges of this Realme as from whose prerogatiue such dignities and immunities ought franckly to proceed and by whom onely they haue beene graunted Onely oure Church gouernours challenge not their authoritie as from hir sacred seate of iustice and princely throone but they challenge their authoritie as a power belonging to their owne seats deriued from an vsurped and forren power 17. pag. ◠28. Henry c. 16. The statute made that euery Archbishop and bishop of this realme and of other the kings dominions may minister vse and exercise all and euery thing and thinges pertayning to the office or order of an Archbishop and bishop with all tokens ensignes and ceremonyes therevnto belonging and that all Archdeacons and Deanes and other hauing offices cures and dignities spiritual may by authoritie of this act and not by vertue of any forren power or authoritie administer vse and exercise all things appertaining to their dignities offices orders cures religions felowships and may lawfully hereafter vse all tokens ensignes and ceremonyes which they haue beene accustomed to vse in times past so it be not expresly against the lawes of God and this Realme This statute I say hauing beene the rule of our Archbishops and bishops consciences for their gracinges there Lordinges there vsheringes their kneelinges there tastinges their cupbearinges and such like improoueth no whit any part of the force of the former assertions but rather confirmeth and fortifieth the same First the statute hauing relation onely to tokens ensignes and ceremonies accustomably administred vsed and exercised before the making of the statute all which beeing Antichristian and therefore expreslye against the lawes of God are plainely by this statute abrogated and therfore ought no more to bee administred vsed or exercised For though the Kinge the peeres and commons at that time not instructed in the vnlawfulnesse of them did not holde and repute them to be againste the lawes of God and therefore did not specially abridge any particuler
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
of foresight of the waightinesse of the office vnworthilye haue taken vppon him the gouernement of any Churche a burthen too heauie for him to beare he maye foorthwith forgoe and renounce the same both so to be disburthened him selfe and that the Church also might be furnished with some able man to supply the necessitie thereof Ex. de prebend c. venerabilis PRO DEFECTV SCIENTIAE c. For want of knowledge a Man may desire cession For where as knowledge is chieflie necessarie about the Administration of spirituall thinges and also behoofefull about the charge of Temporall thinges let it be lawefull for him that hath charge to gouerne the Church in these thingts to renounce the sayde Church in case he haue no knowledge whereby he may gouerne the same For sayeth the Lorde thou hast reiected knowledge and therefore I will reiect thee that thou be no Priest vnto me Hence may be gathered two argumentes the one to prooue the necessitie of knowledge in a spirituall Pastour the other to prooue a lawfulnesse for the renouncing of that which without great preiudice and hurt to him selfe and others he can not retayne 1 He that taketh vppon him the administration of spirituall thinges must haue the knowledge of spirituall things 2 But he that taketh vpon him the gouernement of the Church taketh vpon him the administration of spirituall thinges 3 Therefore he that taketh vppon him the gouernement of the Church must haue the knowledge of spirituall thinges 1 It is lawfull for euery man that taketh vpon him a charge or function without knowledge howe to gouerne the same charge to forgoe and for sake the sayde charge or function 2 But euery vnlearned minister hauing a charge as without knowledge how to gouern the same his charge 3 Therfore it is lawful for him to renouuce his sayd charge ANd againe euen to auoyd the perill of soules and that neither age neyther any bodily disease or impotency should be any occasion or hinderaunce to the people from hauing and enioying the benefit of a teacher the law prouideth in this case also as followeth 7 q. 1. Petisti PETISTI c. Thou desirest that for thy age growing vpon thee and thy bodily infirmitie thou mightest without aduise in the same seat where thou gouernest place one in thy steed but we God beeing our helper giue counsell to thy holinesse that for the helpe of reasonable mens soules Christ beeing thy guide thou doe not leaue these which thou obtaynest in the Church of Mense but if the Lorde according to thy request shall giue vnto thee a perfect man who may take vppon him the care for the health of soules thou shalt ordayne him Bishop in thy place and he shall be in the Gospell committed vnto thee and in bearing the ministerie of Christ in euery place shall visite and comforte the Church of God All which Canons and constitutions being made published long sithence are againe confirmed ratified and allowed by latter constitutions decrees and ordinances as followeth Ex. commu de Praeb dig c. Ad regimen AD REGIMEN c. Although we by disposition from aboue vnworthily called to the gouernment of the vniuersal Church as we ought so haue we in our desires that by our indeuour and diligence fit men be taken to the regiments of Churches and Monasteries and other Ecclesiasticall benefices according to the diuine pleasure and our purpose and intent which might rule and profite the Churches Monasteries and the foresayde benefices to be committed vnto them And agayne Clement de aetat quali c p. 1. CVM ECCLESIAE c. For asmuch as the churches wherunto vnfit persons in knowledge maners or age are preferred suffer for this cause as experience teacheth in their spiritualities temporalities oftentimes great detriments we willing that this thing by the diocesanes of the places vnto whome this charge by reason of their office apperteineth be more diligently foreseene straightly enioyne that they themselues more diligently obserue and cause inuiolably to be obserued by their subiects such canonicall constitutions as haue hitherto bene published for the preferring of persons vnto such Churches if they will auoid the displeasure of God and the punishment due by the Apostolike sea And not onely these Canons established and confirmed by the Popes Act of Parliament but euen our own prouincial constitutions made long sithence for the realme of Englande haue ordayned and established a learned ministerie appointed an able and fit state of Cleargy men to be had through out the whole Empyre and Dominiōs of her Maiestie The tenor of some of which constitutions followeth Otho constitu cum sit ars §. exigit First Exigit namque ars nostra catholica vt sit vnicus in vna ecclesia sacerdos alias magister perfectus ordine habitu vita sancta scientia doctrina For our Catholique religion requireth that in one Church there be one Priest otherwise called a perfect teacher in order and habite in holy life in knowledge in doctrine Secondly Absque magistro preterea ecclesia desolata manet sape die nec persona in ea nec saltem vicarius perpetuus inuenitur sed aliquis forte simplex sacerdos de vita sancta scientia doctrina est ei nimis modica heu cura without a master the church oftētimes remaineth desolat hauing neither parsō nor any cōtinual vicar but perhaps som silie ignorāt Priest but as touching their holy life their knowlege and their doctrine alas there is too too little care had Otho const cum sit ars §. absque SACER ORDO c. A sacred order is to bee conferred to him that is most worthy to the end that by him the other sacraments might be ministred Wherfore since it is a thing very perillous to ordein mē vnworthy Idiots Illegitimate irreguler persons vnlearned persons vagrant and such as haue not any certayne or true title indeed We ordein that before the conferring of orders diligēt inquisition search be made by the Bi. of al these things Which constitutiō whether it be obserued or no I refer the reader to the directions of the By. Canons Wherin they manifestly tel vs that they proceed first enquire afterwards that they first giue the minister a charge appointing him to teach afterwardes send him to the Archdeacōs or his officials court to learn as is manifest in their Canōs published in the year of our Lord. 1571. Title Archdeacon also in the aduertisementes Title ecclesiasticall pollicy Wherein they haue not attended the meaning and intent of Lawe which alwayes requireth Bart. in l. si quis posthumos § filiū nu 3. ff de li. posthu ff de minor l. de aetate de feriis lc 2. Vt qualitates adsint eo tempore quo dispositio sumat effectum That qualities must then bee had when the disposition taketh effect Vt qualitas testis attenditur tempore
Panor in c. fin §. is autem nu 5. de offic deleg SI PRINCEPS c. If the Prince commit a cause to any and commaunde him personally to execute the same if in this case consist publike commodity this his commissary can not substitute an other no not euen with consent of parties because where the Prince either couertly or expresly doth make choyce of the industrie of any one particular person there the partie so chosen can not surrogate an other For the Prince herein doth personally qualifie the man and giueth vnto him the forme of his commission De offic c. deleg l. 6. c. si cui c. fin extra de offi delegat An example of this may be thus De offic delegat li. 6. c. si cui ex de offic deleg c. vlt. Suppose that the treasurership in Paules were voyd and that hir highnes had commanded the B. of London to prouide a fit man for the same roome whether now the B. may commit this his charge to be perfourmed by an other then by him selfe or no And it is answered negatiuely because in the choyce of a fit person consisteth great danger therfore the B. beeing but an executor of hir Maiest pleasure he may not substitute any other But suppose that hir highnes had cōmanded the same B. of Londō to haue giuē the same prebend to Lucius Titius whether thē might the B. in this case subdelegat Archdeacon Sempronius And the answer is affirmatiue that he might for now her Maiest by hir selfe hath nominated the partie to be placed hath not chosen the B. industry for that purpose and therfore he may assign this prouision vnto an other But it is otherwise where the industry of a Person is chosen concerning one to be elected for then he may not set ouer that his office to any other Now then out of these rules lawes I conclude that sithence it hath pleased the high Court of Parliament particularly and expresly by name to make choyce of the Archd. hath personally qualified him as their meetest man for this charge chosing the industry of his own person in presenting fit men to be made ministers or of his deputies in presenting fit men to be made Deacons and for so much also as in this action consisteth the publike benefit of the whole church and on the which hangeth the greatest perill daunger of the whole church For these causes I conclude that an Archd. onely must ought of necessitie present one to the B. to be made a minister that the B. can not dispence with him in this case and that neither the B. neither the Archd neither the party to be made a minister neither the clearkes and people present by their consents can alter or transpose any thing herin ff de pact l. ius publicum Publica vtilitas est pars agens Publike vtilitie is the party agent in this busines and Parta priuatorum inri publico non derogant The couenants agreements of priuate men doth not derogate from cōmon right And if the contrary haue been practized what may be concluded therof shal follow immediatly And againe by these proofes you may euidently see that the calling the triall the examinatiō the time the person appoynted to present and the age of one to be presented haue not been things meer contingent but rather essential not causas sine quibus non but causes formall to the making of Deacons ministers and such causes as beeing omitted haue been sufficient causes both to depose from their functions those that haue ben contrary wise ordained to punish the ordainers for their negligence in that behalfe And therefore that our tong tied ministers not made according to the order and forme of the statute be in deed and truth no ministers at all the act it selfe whereby they be made wherby they challenge their dignities being in deed no act in law hauing no law to approue the same therefore to be punished by the law of mā as wel for entring into a calling against the lawe of man as also for prophaning the holy and sacred misteries of God For what if respect be had to one or two or foure or moe of the solemnities and circumstaunces before rehearsed and those too perhaps of the least weight moment as vnto the age the time the B. particuler interrogatories the Archd. presentation and yet the rest of the greatest waight and importance as their learning their honesty their aptnes to teach c. be negligētly or wilfully omitted Shall the proceedinges by such as please them selues in their owne inuentions be both iudges parties thus in shew apparance only supposed to be done by them that are wise and vpright iustices whom publike profit ought to mooue to the redresse of disorders be reckoned to be don in deed and verity Yea if all the former solemnities yea euen those also of the least moment such as in truth might haue ben reputed accidentall rather then substantiall had it pleased the law makers to haue appointed them so haue beene are oftentimes omitted in the making of ministers one neuer called neuer tried neuer examined neuer known to the B. before that day to be of any vertuous conuersation not qualified as is requisit not learned in the latine tong not sufficiently instructed in holy scriptures as he that came to the B. of Winchester to serue in his Diocesse borne at Norwich and made a minister at Peterborow knew not how many Sacraments there were and requested a dayes respite to aunswere the bishop what the office of a Deacon was not made openly in the face of the congregation but priuately in the bishops Chamber or Chappell not hauing any Sermon not apt to execute his ministerie duely not presented by the Archdeacon the Bishoppe making ministers at Exceter and his Archdeacon at Oxenforde or the bishop making ministers at Leichfielde and his Archdeacon at Durham not mooued by the holye Ghost not admitted on a Sunday or holy daye not of 24. yeares of age not perswaded of the sufficiencie of the doctrine of the scriptures to saluation not an example in him selfe and his familie to the flocke of Christ not a minister of the doctrine and discipline of the Lorde Christ not a peacemaker but quarrelling at law for tithe Oynions apples and cheryes not a dispensour of the worde of God Fol. 11. p. 2. not a pastour and stewarde to the Lorde to teach to premonishe to feede and prouide for the Lordes flocke if such a one I saye yea if too too many such haue beene admitted into the holy ministery and all these solemnities vnsolemnly abused may it not be rightly concluded that such by our statute lawe be no lawful ministers at all Was the word of any Bishop onely the worde of the high bishop Iesus Christ excepted in any time or in any place a lawe against the Lawe
be depriued of power to giue againe Out of which prohibition these conclusions may be made 1 Whatsoeuer tendeth to the mayntenaunce of couetousnes is vnlawfull 2 But to suffer one man to enioy many benefices tendeth to the maintenance of couetousnes 3 Therefore for one man to haue many benefices is vnlawfull 1 Whatsoeuer is contrary to the holy Canons is not to be tollerated 2 But for one man to haue many Churches with cure of soules is contrary to the holy Canons 3 Therefore for one man to haue many Churches with cure of soules is not to be tollerated 1 Whosoeuer taketh vnto himselfe the stipende due vnto many the same doth commit an vnlawfull acte 2 But he that taketh vnto himselfe many benefices taketh the stipends due vnto many 3 Therefore he that taketh vnto himselfe many benefices doth commit an vnlawfull act 1 Whosoeuer is scarce able to discharge his office in one place is not to haue the office of many committed vnto him in many places 2 But he that hath the cure of soules commited vnto him in one place is scarce able to discharge his duetie in that one place 3 Therefore hee is not to haue the offices of many committed vnto him in many places 1 Whatsoeuer is an hinderāce to him that hath cure of soules to be resident and to discharge his cure by himselfe the same is not to be suffered 2 But for one man to haue many benefices is an hinderance for him to be resident and to discharge his cure by himselfe 3 Therefore it is not to be admitted that one should haue many benefices Againe Etrauag de prebend quia in tantum QVIA IN TANTVM c. Because the ambition of some hath spread it selfe so farre as that they are saide to haue not onely two or three but many Churches being not able duely to serue two we with the consent of our brethren and fellow bishops command that this be reformed And because the multitude of prebends euen an enemie to the Canons is an occasion of a dissolute and gadding ministerie and conteyneth a manifest perill of soules we will therefore prouide to supplie the want of such as are able to doe seruice in the Church The reasons of which decree may thus be framed 1 Whatsoeuer is or maye be a meane to maintaine ambition is not to be tollerated 2 But for one man to haue manye benefices is a meane to maintaine ambition 3 Therefore for one man to haue many benefices is not to be tollerated 1 Whatsoeuer ministreth matter for a gadding roging and dissolute ministerie is not be tollerated 2 But for one man to haue manye benefices ministreth matter for a gadding a roging and a dissolute ministerie 3 Therefore for one man to haue many benefices is not to be tollerated 1 Whatsoeuer contayneth perrill of soules is not to be tollerated 2 But for one man to haue many benefices contayneth perrill of soules 3 Therefore for one man to haue many benefices is not to be tollerated 1 Whatsoeuer is cause that such as are able to doe seruice in the Church doe want and so are kept backe from doing the Church good is not to be tollerated 2 But for one man to haue many benefices is a cause that diuers able to do seruice in the church doe want and so are kept from doing good 3 Therefore for one man to haue many benefices is not to be tollerated Againe Extrauag de electio ca. dudum 2. vnde c. Extrauag de prebend ca. de multa VNDE CVM IN EODEM c. Sithence therefore it is ordayned in the same councell that whosoeuer shall receaue any benefice with cure of soule annexed if before he obtayned the like benefice should by law it selfe be depriued of the same and should also be spoyled of the second in case he contended to hold the first the foresayde elected notwithstanding breaking these ordinaunces by the pluralitie of benefices doth incurre himselfe these vices which he shoulde improoue in others euen couetousnesse and breach of lawe And by retayning benefices which belong not vnto him for so much as vppon the receit of a seconde benefice the former by lawe is meerely voyde he hath by consequence contracted an other mans goodes and so committed theft or rauine he retayneth moreouer the sayde parrishe Churches both to the detriment of his owne saluation and the health of other mens soules for so much as he being by lawe it selfe depriued from these benefices the cure of their soules did no more belong vnto him and so were they damnably deceiued Out of which constitution one other conclusion may thus be gathered 1 Vniustly to take that which belongeth to an other man and so after a sort to commit theft or rauyn is vnlawfull and not to be tollerated 2 But he that hath many benefices doth by vniuste meanes take to him selfe that which belongeth to an other and therefore after a sort committeth theft or rauyne 3 Therefore c. 89. Distinc c. singula ECCLESIASTICI IVRIS officia singulis quibusque personis sigillatim committi iubemus c. We commaunde sayth he that singular offices belonging to the right of the Church be committed seuerally to singular persons For as in one body we haue many members and all members haue not one office so in the body of the Church there are many members according to the true saying of S. Paule in one and the same spirituall body this office is to be committed to one and that office to an other neither is the charge of two thinges to be committed at one time to any one person be the sayde person neuer so cunning or expert For if all were the eye where were then the hearing For as the varietie of the members hauing diuers offices both keepeth the strength of the bodie and preserueth the beautie thereof Euen so diuers persons hauing diuers functions distributed vnto them make manifest the strength and comelinesse of the whole Church And as it is an vncomely thing in the body of man that one member should doe his fellow members office Euen so is it hurtfull and most wicked where the minesterie and function of seuerall things shall not be distributed to so many seuerall persons And in an other Chapiter Let no Elder haue two Churches both because it is a proper kinde of marchandize and filthy gayne and also altogeather contrarie to the custome of the Church 16. q. 7. c. per Laicos in si From whence I conclude thus 1 Whatsoeuer is contrary to a good custome of the church is not to be tollerated 2 But for one Cleark to be placed in two benefices is contrary to the good custome of the church 3 Therefore for one Clearke to be placed c. 1 Whatsoeuer is a proper kinde of marchaundize and filthy gaine is to be auoided in the church 2 But for one man to haue many benefices is a proper kinde of marchaundize and filthy gayne 3
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
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
ordayne that the Byshops and their superiours may freely dispence with those that eyther nowe do obtayne or hereafter shall obtayne vnder thee such Churches that they continuing at study for learning be not compelled to be promoted vnto orders vntill the ende of seuen yeares And though this Lawe seeme speciallye to haue respect vnto such as for studie sake are Dispensed with for not entering into the Mynisterye before the ende of seuen yeares yet the reason of the Lawe abridging the time of continuall absence and appoyntinge that the flocke be not left without one able to gouern and teach the same is to be extended to all manner of dispensations whatsoeuer where the like absence may breede the like daunger ff De. vi vi arm l. 1 §. quod vulgo ff De. legib l. non possuÌ„t Vbi eadem ratio idem ius statuendum Where one and the selfe same reason is there one the selfe same law is to be ordeined De similibus simile debet esse iudicium In cases alike a like iudgement ought to be had And it is expresly forbidden in the Chapter QVIA before mentioned that no perpetuall Dispensation for receyuing of Ecclesiasticall fruites be graunted no not by the Pope him selfe And there is expresse mention made of him that shall not be resident vpon one of his Churches that shall be Student in any Schoole of learning that shall be absent from his benefice eyther at the Court of Rome or at any other place whatsoeuer that euen such a one shall not haue any perpetuity by Dispensation thereby to receiue the fruites and profites of that Church from the which for any of those foresay de respectes he may be absent Therefore against perpetuities of Pluralities out of the Chapiter Is etiam out of the Chapter Quia before rehearsed I conclude thus 1 Euery Dispensation graunted for the enioying of the Fruites of any parish Church without limitation of a certayne time is a voyd Dispensation 2 But euery Dispensation graunted for the perpetuall receiuing of the fruites of anye Parishe Church is a Dispensation without limitation of a certaine time 3 Therefore euery such perpetuall Dispensation is a voyde Dispensation THe first Proposition of this Syllogisme is the Position of the law it selfe The minor is most plaine For whatsoeuer is perpetuall the same can not be limited and whatsoeuer is limited the same can not be perpetuall And this perpetuitie in this case an I sayde before hath euermore relation to the terme of life because he is sayd to haue a perpetuitie a benefice that hath a benefice for terme of life And to take away all synister and double dealing in this action you shal vnderstande that a dispensation graunted once for seuen yeares at the ende of the sayde seuen yeares maye not be renued and reiterated for so at the ende of euerye seuen yeares a new dispensation beeing had in effect à perpetuall dispensation might be tollerated and so a man by fraude and couen might enioy that from the which by equitie and lawe he is altogeather secluded Which fraudulent and disorderly dealing by certaine generall principles and rules in lawe is absolutely prohibited The maximes are these De diuor c. quanto §. fi de elec commissa l. 5 Extr. de regni iur c. cum quod ff de ver ad ciuili perti l. li. §. 1. No statutum ipsum fiat ludibrio debitoque frustretur effectu non rebus sed verbis cum sit potius contrarium faciendum let imposita videatur nullatenus ea vice poterit iterato conferri Quod direste prohibetur indirectè non conceditur cum quod vna via prohibetur alicui ad id alia via non debet admittiâ—… quid quis in persona sua facere prohibetur id per subiectam personam exercere non debet That the statute it selfe may not be deluded and frustrated of hir due effect and that the lawe may seeme to be made not for thinges but forwords when the contrary is rather to be done it may not by anye meanes be againe the second time conferred And that which is directly prohibited is not by another way indirectly to be suffered Whensoeuer a thing is forbidden any man one way the same man ought not to be admitted to the same thing an other waye And that which a man is forbidden to do in his owne person he ought not to exercise by a substituted person So that once againe I say if it might please God to stirre vp the hearts of hir highnes Commissioners to haue a mature and ideliberate consideratioÌ„ of the statute before mentioned they shall find matter sufficient to pronounce a great number of licenses faculties dispensations by law to be meerly voyde and of none effect And so many benefices to be voyd in the hands of hir highnes vnto whom by lapse right hath accrued to present For by that statute the Archb hath no power or authority to graunt any other licence faculty tolleration or dispensation theÌ„ such as before the making of the statute was vsed and accustomed to be had obtayned at the sea of Rome or by authority therof But no licence faculty tolleration or dispensation before that time was had or obtayned at the sea of Rome or by authoritie thereof for the Frutes of any parrish Church by way of any kinde or manner of any perpetual dispensation or for any longer time then for 7 years only as appeareth by the former Canons and constitutions therfore none other ought heretofore to haue beene graunted neither though they haue been graunted are they effectual or auailable being graunted Anon iudice contra formam iuris scripti by one that is no iudge and againste the forme of law writteÌ„ ff quod vi aut clam l. prohibeti § plane Iudex non potest vltra facere quam ei concessum est a lege vel consuetudine A iudge may not do beyond that that is graunted him by law or custome Extra de reb eccle non alienam c. It is forbidden that church goods should be alienated without a cause or without authority of the superior If therefore any alienation be made of Church goodes without a cause and 〈◊〉 by authority of the superiour the alienation is voyd 〈…〉 infectis haberi Thinges done contrary 〈◊〉 ought to be accounted as thinges vndon And againe Cod. de leg l. non dubium Cod. de precib imper offerend l. 1. Sufficit legislatorem aliquid prohibuisse licet non adâ—…cerit si contra factum fuerit non valere .. It is sâ—…fficient that the lawe maker forbid though he shall not adde that the thing don contrary to his prohibition shall be voyd And againe Imperiali constitutum est sanctione 〈…〉 ea quae contra leges fiunt non solum invtilia sed etiam pro infectis haberdit sint It is plainly decreed by an imperial constitution that the thinges done against
the lawes are not onely vnprofitable but also are to be accounted for thinges vndon And thus much concerning the causes circumstaÌ„ces of dispensations for many benefices It followeth theÌ„ in the description of a dispensation as you haue seen that the same ought to be granted cum causae cognitione with knowledge of the cause the reason is this Glos Extrauagan de prebend dig c. execrabilis ver vltima Duo sunt in dispensatione necessaria authoritas dispensantis factum per quod dispensatur Nam in quolibet actu considerari debent duo factum modus Two things are necessary in a dispensation authoritie of the dispenser and the fact whereby he shall dispence For in euery Act two thinges are to be considered the fact and the maner of the fact And therefore a magistrate hauing authority to dispence ought not vpon the bare assertion and simple allegation of any person disirous to be priuiledged and to haue the Magistrate to mitigate the rigour and extremitie of common right graunt any such mitigation vnlesse the partie first alleadge and by some lawfull proofe make manifest vnto him that both touching the abilitie of his person and the necessitie of his cause there ought in equitie an exemption and immunitie be graunted vnto him For Priuilegia sayth the Lawe ff de minori l. de etate d. ex de priuil c. sane 7. q. 1. potuisti bast l. 1. de col l. ver are preiudicialia magnum pariunt preiudicium ideo sunt cum plena causae cognitione tractaâ—…de priuilegium non est dandum nisi certa ratione inspecta non subito sed cum magna deliberatione Priuiledges are preiudicall breede great preiudice and are for this cause to be handled with a plenarie decision of the cause And a priuiledge is not to be giuen vnles the certain reason therof be foreseen and not sodenly but with great deliberation aduise In which deliberation aduisemeÌ„t taken by the iudg first the allegation or petitioÌ„ of the party agent or suppliant secondly the prone manifestation of the same his perioÌ„ is to be coÌ„sidred For no dispensatioÌ„ ought to be graunted at the proper motion and pleasure of the iudge alone but euery Dispensation ought to be granted at the instance and petition of the party alone § Hoc autem iudiciuÌ„ ff De dam. infect ff De regni sur l. inuito extra de Symo. Licet heli Cod. de fidei com liâ—…ent l. si Quiae laxari iâ—… non debet nec solui nisi parte postulante inuitâ— non debet beneficium conferri Et sententia debet esse conformis petitioni Et index semper debet indicare secundum allegata probata Because the Lawe ought not to be released or remitted but at the petition of the partye and a sentence ought to bee conformable to the demaunde and a iudge ought euermore to giue sentence according to thinges alleaged and thinges prooued And therefore sithence no other cause by Lawe may be alleaged in the Court of faculties for the graunting of any dispensation for many benefices then the very apparant vtility and vrgent necessity of the Church I conclude that the iudge his duety office is in any wise not to admit any other maÌ„ner of allegation but to pronounce the same altogether friuolous and to be of no valew in Lawe The Doctorship the Chapplainship the worship of any ecclesiasticall person are not sufficient causes in this behalfe alone vnlesse also together with the same meete and concurre the profite and necessity of the Church And if the said allegation as vaine and friuolous be to be reiected then no Dispensation thervpon ought to be graunted for otherwise the Iudge should of necessity eyther allow other causes then the Lawe doth allowe or else pronounce iudgemente otherwise then according to the demaund both which were too too greate absurdities And therfore out of the former rules and principles of Lawe I argue thus 1 Whatsoeuer is hurtfull and preiudiciall the same ought aduisedly and vppon consultation to bee graunted 2 But Dispensations are hurtfull and preiudiciall 3 Therefore dispensations ought aduisedly and vppon consultation to be graunted Extra de priuilig c. sane And if euery dispensation ought to be graunted by sentence vpon some consultation had that then euerye sentence vpon some consultation had ought to be giuen according to thinges alleadged and thinges demaunded Extra de simo c. licet heli IN which allegation and demaund to the ende the sentence may be conformable to the demaunde and so effectuall in law must be foreseene two things First that there be expressed no false or erronious cause Secondly that the same hide or conceale no truth Glos in extrauag execrabilis de prebend ver ex dispensatione For Ea dicitur legitima dispensatio in qua nihil tacetur vel nihil exprimitur quo expresso vel lacito princeps verisimiliter duci potest ad dispensationem denegandam That dispensation is reputed lawfull wherein nothing is concealed or nothing is expressed that beeing concealed or expressed the prince may be likelihood be induced to deny the said dispensation If then euery sentence must be conformable to the allegation and euerye iudgement agreeable to the demaund and that neither out of the sentence for a dispensation any knowen truth or manifest equitie ought to bee concealed neither in the same any salse or erronious cause ought to be expressed it followeth of necessitie that euerye allegation made for a dispensation ought to be of the same nature and of the same condition and that euery allegation not of the same nature and condition is an vnlawfull allegation and an vnequall petition Moreouer euery one that hath authoritie to dispence ought to keepe this rule Glos in extrauag coÌ„i col 3. ver Vt statuat vel disponsit contra ius aut contrascriptum si aequitas quae mouet ipsum mouisset legislatorem si casus nunc emergens esset sibi expositus That they ordayne or dispence against law or against writ if such equitie as mooueth him might haue mooued the Law-maker himselfe to haue graunted a dispensation had the case now growing bene proposed at the time of the law making to the law maker It followeth then againe that equitie beeing the cause of the sentence for a dispensation the same equitie must also bee the cause of the allegation for a Dispensation For if the iudge must giue a dispensation where equity requireth the party must then demaund a Dispensation where equity requireth For equity is always the foundation and grouÌ„dwork of a dispensatioÌ„ And what equity eueÌ„ such equity as might iustly haue mooued the Lawemaker to haue graunted a dispensation Nowe then because the Lawmaker authorising the Archbysh of Cant. to giue Dispensations hath beene the high Court of Parliament It followeth that the Archbysh may dispence onely in such cases as wherein the high
Court of Parliament would haue dispenced had those cases bene alleaged before the high Courte of Parliamente which are alleaged before the Archbysh ff De. offic prefect preter l. 1. in si Iudex non aliter iudicare debet pro sapientia luce dignitatis suae quam princeps esset iudicaturus A Iudge for the wisdome and excellencye of his worthy calling oughte no otherwise to iudge then the Prince himselfe woulde haue iudged Suppose then that suche a Cardinall as of whom mention hath beene made or such an Abbot whose Abbacy is a Nemo scit whose two Ecclesiasticall promotions besides are at the least worth siue hūdred marks by the yeare suppose I say that such a Cardinall shoulde come into the Parliament house and after lowe obeysaunce made preferre this or the like Byll to the speaker beseeching the whole house vppon the reading thereof and the equity of his cause to graunt his suite I. A. B. clearke say alleadge and shewe before your excellent wisedomes that the Church of S. S. by the naturall death of D. H. Late incumbent is become vacant and that I the said A. B. am qualified according to the Statutes of the Realme Non potest dispensatio super pluralitate beneficiorum cōcessu impetranti prodesse qui aliquod quantumcuque mo dicum beneficium conticuit in eadem and the Patrone of the same benefice hath presented me thereunto and that I am possessed already of such and such a spirituall promotion and that I am bound by the Statutes of my house to bee resyant in the same three moneths in the yeare and that I am bound by the Statutes of the Church of one of my promotions to bee present in the same Church two moneths in the yeare and that I am bounde by the Statutes of the Church of my other promotion to be present ther three moneths in the yere that I am bound by my alleagiance to her highnesse to be present else where some whole quarter of the yeare And that the soules of the people of the foresayde parish are in daunger of the Wolfe not hauing a Pastor to feed thē and that the euident vtility vrgent necessity of the same Churche requireth a gouernour may it therefore now please your wisedomes to award mee a Dispensation to enioy the fruites of the same Church to tollerate myne absence and to be Nonresident c. Suppose I say that this or the like supplication were made by a plurified Prieste in the Parliamente house wold the house trow you be moued presently to yeeld to so vniust a petition I trow nay For though the party should expresse in his petition al things to be expressed conceal nothing to be concealed as by the first rule before repered is required yet the house woulde no doubt be mindeful of the secōd rule dispute the equity of his cause so award iudgemēt accordingly they would not vpon so bare naked assertion decline frō iustice equity And no doubt the speaker himself would blush to peruse such a bill much lesse would he present such a Byl to the house to be discussed though for his fee being a priuate bil he might be very liberally rewarded An Archb. then ought to be rightwel aduised take heed how for a trifle he either admit any such byll or allegation or hauing once admitted it how he passe the same vnder his publike and authentike seale In as much as he ought not to admit any other allegation or passe any other dispensation then such as the high Court of Parliament in their wisedomes would admit and passe And therefore I conclude thus 1 Whatsoeuer allegation or dispensation the Lawemaker viz. the high court of Parliament would not admit or passe vnto a plurified man the same allegation or dispensation the Archbishop ought not to admit or passe 2 But the lawmaker viz. the high Court of Parliament would not admit or passe any allegation or dispensation to such plurified priestes making such a petition as hath beene mentioned 3 Therefore the Archbishop ought not to admit or passe any such THe maior proposition is a rule of law the minor proposition is euident vnto euery one that dutifully considereth with what wisedome iustice and equity the high court of Parliament determineth matters amongst them discussed They are not contented to haue a bill barely reade vnto them but they thoroughly examine the reasons and proofes of him that preferreth the same For as I sayd before truth equity and diuers circumstances must not onely be alleaged but the law requireth the same to be prooued also He that hath right and interest to an inheritaunce oftentimes loseth it for want of profe Bart. alij doctores in l. 1. Cod. de prob He that alleadgeth him selfe to be borne of some noble parentage and he that alleageth him self to remaine at study must proue the same If a pupill damnified by any contract made by him vnder age shall requyre ayde of the Pretor to be restored to his former right hee must prooue that he was vnder age at the time of the contract and also that he hath sustained detriment by the same contract Authent Colla § teneantur Glos doc in prohe l. 6. Glos extra de restitu spoliat c. olim vers restitutione Extra offic de leg c. consultationem Otherwise the pretor ought not to giue restitution where one by force is spoyled of his passion and requireth to bee restored thereunto he must not onely alleage but also prooue force and possession The Church that by negligence of any Proctor or Sollycitor shall alleage her selfe by his negligence to bee hurt to suffer losse in hir substaunce and for that cause seeketh helpe at the handes of her superiour to be restored to her former estate must prooue as well the negligence committed as the dammage sustained in that behalfe The like is verified of one that is dispossessed of his goodes in the time of his absence beyond the Seas And so it is required in graunting any priuelege immunitie or dispensation for many benefices The party desirous to haue a mitigation of the rigour of common Lawe ought to prooue that as well in consideration of his person as for the reasonablenesse of his cause the iudge in equity and conscience ought to graunt an immunity And this proofe that it be substanciall and good in Lawe must be made either by the confession of the party eyther by witnesses eyther by some Authentike and publique instrumente eyther by the euidence notoriousnes of the fact it selfe Extra de restitu spol c. cum ad sedem Touching which proofes howe substantially they haue beene made I referre the Reader to the Records of the Prerogatiue Court where no doubt for the iudges owne credite they are safely kept and as publique Recordes to be seene of any man desirous to knowe Antiquities For my part though I confesse that the dignity and
worthinesse of a person to be priueleged may easily be prooued yet can I not imagine by which of these proofes the causes required by Law as vrgent necessity and euident vtility of the Church destitute of a Pastor shoulde in these our dayes be manifested the Church it selfe Viz. The congregation I suppose will neuer confesse it behoouefull for them to haue their pastor absent and to giue their temporall things to enioy spirituall thinges and yet to be depriued of both spirituall and temporall As concerning proofe by Witnesses or by publique instrument because Witnesses must yeelde a reason of their sayings and a publique Instrument ought to be made by a faythfull man at the request of the party and because no witnesse can yeelde any reason why his neyghboure shoulde not be taught and euery Faythfull man will doe all things for the trueth and nothing against the trueth and because the truethe is that his Neyghbour should be taught and no man will desire to bee vntaught therefore as concerning these proofes I cannot imagine I say how they should be made It resteth then that the euidence of the fact must bee the proofe whereon plurified men relie that the vrgent necessity and euident vtility of the Church for the hauing of many benefices is a thing so notorious and euident to all the worlde that none may denye the same Wherein howe grosse and palpable their erroure is I leaue to the consideration of indifferent men thorow out the whole world Now if you ad this last part of the definition of a Dispensation suppose that it must be granted Cum causae cognitione with knowledge of the cause that is by alleadging and proouing things iust and equall in the sight iudgement of the Parliament house you shal find either all or the most part of dispensations granted in the Court of faculties for many benefices not to be the things defined so to be nothing in effect at all and therfore though they as yet seeme to stande good by Lawe yet to be such as ought to bee reuoked and made voyde by Lawe Distinct 10. c. vides Quicquid contra leges accipitur per leges dissolui meretur Whatsoeuer is admitted against Lawe deserueth to be loosed by Lawe Extra de priueg c. porro c. p◠Et sic eos volumus priuilegiorum suorum seruare tenorem quod eorum metas transgredi minime videantur And we will them so to keepe the tenor of their priueledges that they seeme not in any cause to passe their boundes Extra de priuelig Nam qui permissa sibi abutitur potestate priuilegium meretur amittere Et qui malitiosè priuilegium principis interpretatur infamis efficitur Cod. de leg constitu l. 2. For he that abuseth power graunted vnto him deserueth to loose his priuiledge and hee that maliciouslye interpreteth the priueledge of a Prince is made infamous Besides these there are diuerse and sundry other causes for the which also a priueledge as vnlawfull is reuocable 3. q. b. c haec quippe 1. 1. q. 3. priuelegium Extra de Decret Suggestum 25. q. 1. c. de ecclesiasticis ff de vulg pupill Substitu l. ex pacto gloss c. imperator ver quod non 25. q. 2. XCIX distinct ecclesiae ff de constitu princ l. penult De glos in c. quid per. nouale Extra de ver 6. signifi c. magis lib. 6. De rescrip statutum Priuatur quis priuilegio propter scandalum qui non exercet ad subditorum vtilitatem sed ad suam voluntatem c. A man loseth his priuiledge if an offence grow by means of his priuiledge and he that doth not exercise his priuiledge to the profite of such as are vnder him but at his owne pleasure such a man loseth his priuiledge And a rescript ought to be such that it hurt none and at what time soeuer a priuiledge turneth to iniquitye it foorthwith preuayleth not neyther ought the Pope for the increase of his owne honour diminish the right of the church or of any other And the reason is this Propter euidentem vtilitatē enorme damnū receditur ab eo quod diù vsum obtentū est For some common profit some inordinate hurt we forgoe that that a long time hath bene vsed obserued Now whether the lawfull bounds of dispensatiōs be passed whether they be abused or maliciously vsed whether any offence growe by them whether they be vsed rather to the profit of the people then to the pleasure of the parson whether any iniustice be commited the right or title of any other bee impeached or any great domage ensue by thē I refer it to the iudgmēt of men of experiēce in our time Sure I am that the Lordes seruauntes speake againste them preach against them and writte against them Sure I am that the vices growing by them are as rife as euer they haue beene in any age heretofore Sure I am that the prosperous state of the Mynistery is impouerished by them Sure I am that the people are vntaught by them And sure I am that the Lord is dishonoured by them and his Gospell hindred by them And therefore I conclude thus against them Cessante causa cessà re debet effectus the cause ceassing the effect ought to cease The assumption is manifest For equity grounded vppon vtility and necessity of the Church was the cause of Dispensations but the equity ceaseth therefore the other should cease What is more contrary to natural reason saith a lawyer of singuler iudgment then that one and the selfe same man shoulde take vnto himselfe diuers stipendes of the Churche in diuers and farre distant places What common wealth of man sayth hee suffereth her Iudges her rulers her notaryes and other officers to gadde abroade and in their absence to enioy theire stipendes What man though his House be ample and very rich doth pay to his seruaunt absenting himself the wages due to many seruauntes or admitteth to serue in his roome whom soeuer the same his seruaunt shall appoynt him in his roome onely the house of God the holy Church is by such inordinary dealing depriued of her ministery and defrauded of her lawfull duties What shal the Church of God the best beloued Spouse of Iesus Christ which he hath redeemed by whippings by buffets by the sheading of his bloud feede Haukes bring vp Doggs pamper Horses nourish Whoores Flatterers and seditious men which trouble the common wealth Rebuff de dispēsatione ad plura benefic fo 149. 64. and in the end concludeth thus Effectus dispensationis est vt si perperam concessae sit tam animam concedentis quam dispensantis ad infernum deducat The effect of a Dispensation is that if it be graunted vnorderly it carrieth the soule as well of him that giueth it as of him that receyueth it to Hell Whereas it may bee supposed that fees payde into the Hanaper
by passing of Dispensations vnder the great seale are a great increase of her highnesse treasure and an augmentation of her reuenues I aunswere that Dispensations for Symony Nonresidency and many benefices are so farre from beeing any encrease of her Maiesties treasures as that they are indeede a great diminishing of the same For first as touching Dispensations for Symony whereas by euery dispensation graunted vnto a Symoniacal person her highnesse receyueth into her hanaper at the moste _____ Shillings the greatest ordinary fee limitted by the sayde statute for any Dispensation to be graunted her Maiesty for the same _____ looseth 10. 20. 30. 40. or 50. Poundes to be payde into the court of tenths and first Fruites For were the party committing Symony for the same offence by lawe depriued from his benefice her highnesse were then to haue of the next incumbent the whole first Fruites of the said benefice euen ten times so much at the least as is paid into her hanapire Or were the Symoniacall person a plurality man and so depriued from all his benefices and ecclesiastical promotions her highnesse were then to haue the whole first Fruites of all his Benefices and promotions fortye times so much as shee enioyeth by graunting his dispensation And as touching the fees due for Dispensations graunted for many Benefices though the same fees may happilye amount in some one yeare too many hundreds yet by meanes of the sayde Dispensations her highnesse is impouerished yeerely by many thousands The oftener euerye benefice or promotion is voyde by death resignation or depriuation the oftener is another admitted vnto the same and the oftener doth her highnesse receiue the first Fruites of any such benefice Now it is euident that the conioyning of two three foure or fiue thousand benefices or promotions vnto one thousand men by dispensations is a manifest impediment to the auoiding of so many incumbents from so many benefices as which by death resignation or depriuation of the said incumbents might were likely to be made voyde And so the saide dispensations being an hinderance to the auoiding of benefices they must necessarily be also a very direct meanes to keepe from her exchequer that treasure that otherwise should ordinarily be brought vnto it And though by the death resignation or depriuation of euery plurality man euery of his benefices be made void Yet his said benefices are not so often made voyde as otherwise they should be And therefore though her highnesse haue the first fruits of two three foure or fiue benefices in the hands of one pluralitye man dying resigning or beeing depriued Yet hath she not the first fruites of the sayde benefice so often as otherwise she might haue wherby her reuenewes are lessened Since therefore for one man to enioy many benefices by dispensation maintaineth couetousnesse and is contrary to the ancient canons mainteineth ambition and ministreth matter for a roaging a gadding and a dissolute mynistery since it conuayeth stipends due vnto many from many vnto one Since it is an hinderance of residence and containeth peril of soules Since it is a kind of theft rauine spoil Since it is vndecent and vncomly Since it is contrary to the good customes of the Church Since the honesty of the church thereby is defiled the authority thereof contemned the trueth of Christ troden vnder foote loue banished Since among the rich Prelates and plurified men them selues strifes contentions brawles and enuies arise and are nourished Since the fire of God his wrath is kindled against vs by them since it is against the law of nature and repugnant to the law of God and therefore nourisheth a Monster in nature since it is against the weale peace profite and conseruation of the Realme since it is against the vtility of the Church that the necessity of the Church requireth the clean contrary Since it is preiudicial and derogatory to the last Willes and Testamentes of our ancestors since it is dishonourable and dangerous for her maiesties person and safety since priuate necessity pouerty is no sufficient cause for the maintainaunce thereof Since the miserable penury of our stipendary curates therby is made intollerable And again since al these things are offensiue that a priuiledge so soone as it becōmeth offensiue not exercised to the profite of many but to the will of one is forthwith to be with drawn Since euery priuiledge ought to be such that it damnify none and since it forthwith looseth the name of a priuiledge if once it turn to any iniustice since that nothing is more contrary to naturall reason then that one and the selfe same man should take vnto him selfe diuers stipendes of the Church in diuers and farre distant places since it is against the pollicy of euery good common wealth of man since it is contrary to the gouernment of euery good and prouident housholder since it carrieth headlong the soules as wel of him that giueth it as of him that taketh it to hell yea and since it is an impouerishing of hir Maiesties treasure and diminishing of her reuenewes Let vs conclude for one man to enioy two or moe benefices by dispensation to be a thing altogether intollerable and vtterly vnlawfull ¶ Excommunication by one alone forbidden 15. q. 7. c. Episcopus EPISCOPVS NVLLVS c. Let no Bishop heare any cause without the presence of his Cleargie Otherwise the Bishops sentence not confirmed by the presence of his Clearkes shall be frustrate Extra de excessis prelat c. 1. MANDAMVS c. We commaund that in any wise you presume not to exercise against the Cleargie any vnlawfull tallages and exactions Neither that hencefoorth you vnreasonably greiue them or vnhonestly intreate them or els suspende them without the iudgement of the chapiter And againe Extra de hiis quae fi sine consen cap. c nouit NOVIT c. Your discretion and wisedome knoweth how that you and your brethren are one body so that you are the head and they approoued to be the members wherefore it becommeth not you to leaue your owne members and to vse the aduise of others in the dispatch of your owne Church affayres because without all doubt the same is both gainst your honestie and the institution of the holy fathers For it hath beene manifested vnto vs that you without the councel of your brethren do place and displace Abbates and Abbases and other ecclesiasticall persons Therefore we commaund c. For we ordaine that such placinges and displacinges be of no force And againe Extra de hiis quae fiunt si consen cap. c. quanto QVANTO c. We commaund your brotherhoode that in grauntes and confirmations and other busines of your church you require your brethrens presence And that with the Councell of them or the sounder part of them you handle and finishe those matters and that you ordayne such thinges as are to be ordayned and correct errours and abolish and roote out
wherof you may by the laws recited perceiue the same to haue beene as lawfull by priuiledge as by custome Institu de iure natu gent. ciui §. sine scripto The reasons of which custome are these viz. Diuturni mores consensu vtentium comprobati legem imitantur Dayly or continuall manners approoued by consent of such as practize them do imitate a law ff de leg l. de quibus § CVM IPSAE LEGES c. In as much as the lawes themselues by no other meanes do binde vs then for that they be receaued by the iudgement of the people euen as rightly shall those thinges also binde all which the people without any writing hath allowed For what difference is there whether the people declare their will by voyces or by deedes and the thinges them selues Wherefore this thing also hath beene very rightly receaued that the lawes should not onely â—e abrogated by the voyce of a law maker but also thorow the secreat consent of all by growing out of vse Instit de iure nat gent. ci § sine The Lacedemonians whatsoeuer they by experience found behoueful for their gouernment put the same to memory and kept the same as a law ff in c. quanto c. nouit extra de hiis quae fi sin consensu ca. c. 1. de consuetud lib. 6. Panor in c. fi extr de consuet QVAMVIS saith PANORMITAN ius induxit c. Though the lawe haue ordayned that a Bishop should determine matters with the Chapter because the Bishop and the Canons make one body and therefore that iudgement is to be reckoned more strong that is ratified by the consent of many Yet notwithstanding a contrary custome may be established namely that by meanes thereof busines might be speedely dispatched Vpon which reason this law following touching this controuersie was made Extra de hiis quae fin si c. consen cap. c. ca. noscitur NISI EX ANTIQVA c. Vnlesse by some auncient and approoued custome or liberty graunted some of them prooue that the consent of the Colledge committed to their gouernment ought not to be requyred in conferring Churches or benefices And againe Lib 6. de consuet c. non est Dum talis sit prescripta Canonice consuetudo c. So that such a custome be canonically prescribed which the Bishop doth alleadge that in the inquisition and correction of his subiectes excesses he is not bound to require the councell of his Chapter These reasons and these lawes being the reasons and the lawes alleadged for custome in this case to gouerne and rule are particularly to be examined and applied to this action No cause for this custome to be continued Touching the reason of the Canon law namely that by meanes of this custome the affaires of the church shold easilier be dispatched If we in these dayes had the like multitude of Church matters to be dispatched as the papistes had that the Cleargy now were loden with the like burthens as at the time of these ordinaunces they were there might be then some shew of reason that the same custome for the same cause should still remaine Many Monasteries Priores Frieries Nunneries and other irreligious houses vnder the iurisdiction of popish bishops had many businesses many blind matters to be decided It was combersome for euery baudy matter of a frier and a Nun to call a Chapter it was troublesome for placing or displacing euery Abbot frier Nun Dean prebend parson vicar or any other of the Cleargie to call a Chapter In our churches God be praised we haue no such tumultuous Cleargy continually to trouble the chapter we haue no such number of bad matters as they had And therefore the cause in this respect ceassing the effect also might right well cease Moreouer the common and vsuall dissention amongest them were speciall meanes that elections institutions confirmations collations and such like were hindered Many frustratory appeales and other delaies made and long suites commensed But our Cleargie are better instructed in the wayes of the Lord they teach the people peace and exhort them to brotherly amity and loue and therfore it is to be coniectured that causes amoÌ„gst peaceable men wold speedely and peaceably be ended and therefore in this respect also the cause ceasing the effect shoulde cease Lastly the case standeth not now with vs at this time as it did then betweene the bishop and the Chapter The law written then was that the bishop and Chapter shoulde excommunicate c. Quia firmius est iudicium quòd plurimorum sententia confirmat Because a iudgement confirmed with the opinioÌ„ of many is more strong The reason of the custome for the Bi. without the Chapter was this Vt facilius expediantur negotia That businesse might more easely be finished In which cases you se the matter to stande whollye betweene the bishop and the Chapter As whether the bishop with the Chapter or without the Chapter for the foresayde seuerall reasons might haue the rule and gouernement in Church matters To the which demand I answere thus If the controuersie were betweene the Bishop of London and the Deane and Chapter of Paules whether a sentence of excommunication denounced by the bishop alone against any persons contumacie within the Diocesse of London without the aduise of the Dean and Chapter were good forcible in law and that the bishop were able by proof in law to confirme that time out of mind and memorie of man he and his predecessors bishops of London without contradiction of the Dean and Chapter vsed whensoeuer oportunity serued to excoÌ„municate alone without the presence of the Dean and Chapter I saye that in this case by Canon law a sentence giuen by the bishop alone were good and not reuersible by meanes of the Dean Chapters absence For that herein now they haue willingly lost their owne right and depriued themselues of their interest For the bishop alwayes giuing sentence in the Chapter house where the Dean Chapter might continually be present and haue their aduise they voluntarily absenting theÌ„selues hath gotten vnto himselfe this iurisdiction whervnto they haue also yeelded by giuing their secret consent that the B. alone should execute those things wherin they had an interest and which otherwise he might not haue don In like maner if the Archdeacon should make the lyke assertion against the Bish to prooue and insynuate wils and Testaments and were able to prooue the same his assertion I would consult that he likewise by the Canon law had right herein against the B. For in these cases the Bishop and the Archdeacon are in place of priuate men the Dean and Chapter hath the roome of a priuat man because were the matter in controuersie to bee decyded betweene them they were to commence their Actions before superiour Magistrates But the matter of Excommunication mentioned by the Lawe written and of right Excommunication indeede is not
of this nature it is not of the nature of a priuate action betweene man and man nor of suite commenced betweene party and party but the case herein standeth betweene a meane person or a meere periuate man and the whole Church yea betweene the Lorde of Heauen and earth and a Byshop his pore creature It is not I say whether the same should bee executed by man onely because Firmius est iudicium quod plurimorum sententia confirmatur or by fewe vt facilius expedirentur negotia But whether the same should be executed onely by many and not by one because the ordinaunce of God is so And therefore the case standeth in effect thus whether a lawfull prescription by an Archbysh or Byshop agaynst a Deane and Chapter or the custome of an Archdeacon against Archbysh Bysh and Deane and Chapter by the Canon Lawe be a sound substantiall prescription and custome against the whole Church against the family of the Lord and against his ordinance For at the beginning it was not so Whereunto I aunswere that as Nullum tempus currit Regi nullum tempus currit reipub No time runneth against the King no time runneth against the common wealth so in this case and all other of the like nature Nullum tempus currit ecelesiae nullum tempus currit domino No time runneth the Church and no time runneth against the Lorde And therefore though the Byshop may perhaps affirme him selfe to haue obtayned right by prescription to excommunicate without any aduise of the Deane and Chapter yet shall he neuer be able to prooue that hee hath therefore lawfull authority to excommunicate alone sithence the vsadge of the first Church and the ordinaunce of the Lorde are quite and cleane agaynst his sayde assertion Yea I say more namely that euen by the Canon Law it selfe neither Archb. nor B. can truely iustifie any Excōmunication by one man alone at all the said popish custom now ceasing to be any more a custome For in deed the reason of this custome ceaseth to be any more a reasō for such a custom in our time the reason of the former lawes made before this custome vrgeth the same lawes to be practized again now a dayes And therfore as Cessante causa cessare debet effectus the cause ceasing the effect ought to cease vrgente ratione legis vrgenda est lex The reason of the Law vrging the Lawe is to be vrged So the sayde popishe custome ought in deede to cease and the sayde Canon Lawes ought to bee obserued Neyther is the Canon of Boniface the eyght made for the sayd custome any impediment hereunto First for that the saide custome is meerely against the worde of God with which no Pope coulde euer dispence And therefore as contrary to the Apologie of the fayth of the Church of England by no intendement of any statute or statute makers in England confirmed Secondly the Canon of Boniface made to confirme a custom not participating the nature properties and inseparable accidents of euerie good and laudable custome but onely made by a lawles absolute power contrary to the principles and axioms of Law is not confirmed by the statute of 25. vnlesse wee absurdly graunt eyther the said statute to confirme lawfull Canons and a law lesse custome or seuerally to establish a lawlesse custome and to infringe lawfull Canons For this decree of Boniface approoueth and ratifieth such a custome as hath no maner of fellowship or societie with any lawfull custom But to let these things passe and no further to vrge the defecte of the reason of the custome to abolish the custome or the efficacie of the reasons of the Law to establishe againe the law Let vs returne to the lawes and decrees before rehearsed authorising custom to binde as effectually as a law and by them let vs see whether this custome that one shoulde excommunicate alone authorized by Boniface the 8. participate the nature and proprieties of euery such custome as whereof mention is made in the lawes and decrees and if not then let vs conclude the same to be no custome at all Euery vsage is not a custome if no custome then no maner of excommunication either by lawe or custome to be vsed at all For euery vse creptin continued some long space is not therefore by and by a custom so of the nature of a law and of such power as foorthwith it may sholder out written law control cōmon right ff de consti princi l. in rebus Extra de prebend c. liceat de cleric non residen c. consuetudinē §. statuimus lib. 6. ff de legi l. Quod non Glos in c. aqua extra de consecr eccle ver consuetudine In rebus nouis constituendis euidens vtilitas esse debet vt recedatur ab eo iure quod diu obtentum est In ordeining new policies there ought to be an euident cōmodity for that law to be left that a long time hath bin obserued And againe Quod non ratione introductum est sed errore primum deinde consuetudine obtentū in aliis similibus non obtinet that that at the first was not begon by reasō but by error afterwards obteined by custom hath no place in other like cases Consuetudo quae est contra iuris naturam non prodest contra illudius non potest prescribi A custom that is against the nature of law profiteth not and against that law no prescriptiō may be For if the same shal be erronious vnreasonable not lawfully prescribed then is it of sufficient force to expel the law writtē therfore as hurtfull and preiudiciall for the gouernment of the church here after to be abrogated abolished For custome is no more priueledged then a lawe but as a law may be made dead taken away by a custome so like wise may a custome be made dead again by reuiuing a former law And though here might be vsed a peremptory chalenge against this custom begun continued in the popishe Synagogue contrary to the custome of the Church of Christ that for that cause in that respect only the same is farre vnmeet for vs therfore by vs to be vtterly abandoned Yet because we are as yet I can not tell how not altogether freed from the lawes and customes of the popish synagogue Let vs vse the reason of the same lawes to ouerthrow the same custome Neyther yet shoulde any man thinke that therefore the former popish lawes are to be approued as meete lawes for the Church of Christ to be gouerned by For weare there no other grounde of trueth that one shoulde not Excommunicate alone but the reason of the Popish law the obseruation therof wold not be vrged But because wee haue the trueth it selfe confirmed vnto vs at the commandement of the Lord by the Apostles mouth practised by the moste auncient fathers and by their authority and example drawn into
the popish Synagogue vntill the year of our Lord 1295. as the Canons before mencioned doe witnesse for this cause and in this respect onely are these former lawes to be put in execution and the former custome is to be abrogated The lawes woulde bee kept because in effect they containe the purity of the truth the custome woulde be left because the same degenerateth from the simplicity and practise of the former times and is but a meere corruption and a lawlesse deuise of a lawlesse Pope Boniface the eight And that euery one may be well and thoroughly instructed touching the reasons of the lawes following to ouerthrow the former custome hee is diligently to consider that as the Papistical synagogue always fashioned framed her selfe in obedience to her King his lawes and euermore liked that that her King liked and misliked that that he misliked so the congregation of Christe hath alwayes humbled herselfe vnto the will and pleasure of her Lorde and King Christe she hath consented to that onely that hath beene pleasaunt in his sight and hath dissented from whatsoeuer was displeasing vnto him euery one ought to consider that the Popes clergy are not the Lordes people their errours cannot agree with our trueth their ignorance with our knowledge their furie with our peace their deuill with our God their Beliall with our Christ And therefore though the foresayde custome be begon and still continued in the popishe synagogue as ratified by the secret consent of the popes subiectes Yet the same custome ought not eyther to be begone or to be continued in the Churche of Christ as indeede a custome neuer yet by the consent of the Lord himselfe nor any his faithful seruaÌ„ts approued to be any whit expedieÌ„t or necessarie for the good gouernment of his church And hauing thus layde this foundation it is farther to be vnderstoode that euery reasonable custome euerie custome not erronious and lawfully prescribed ought to haue these properties following The firste is this viz. It must be begon and continued ff de leg l. sed et Tacita ciuium conuentione by a secret couenaunt of the citizens agreeing together a long time and by many yeares vsing the same and doing some certayne actes therein For Gloss institu de iure natur § sine script ver consensu consuetudo est quasi communis assuetudo A custom is as it were a coÌ„mon vsage vnto which vse the consent of the people is necessarie and therefore error being contrarie to consent euermore hindereth and letteth a custome Extr. de Do. contumâ— c. 1. Consuetudo quae apud quosdam irrepserat impodire non debet quo minus preualeat veritas vincat A custome crept in amongst certaine ought not to hinder that the trueth preuayle not and ouercome And therfore though the Popes cleargie a long time and by many yeeres passed haue obserued and vsed this custome and haue secretly couenaunted giuen their consent and by their silence haue agreed together that Byshopps and other chiefe officers in their synagogues hauing iurisdiction might excommunicate alone yet the authoritie gotten after this sort by those Byshops in the time of papistrie doth little aduauntage or profit our Byshops in the time of the Gospell For what preiudice can the couenaunt of the popishe Clergye worke against the Citizens of the Lord the professours of the Gospel For though those Byshops haue vsed this authoritie by the space well nighe of three hundred yeares what is that to our Byshops who haue not had the vse possession and light of the Gospell scarcelye threescore yeares in whiche time too there hath beene a continuall outcry made by the Lords seruants against this abuse and a contynuall clayme for the restitution of the Lords owne order that the Lords people might be gouerned and ruled according to his ordinances And therefore that this custome cannot binde the Lords seruauntes I conclude thus 1 They who haue not secretly consented to this custome are not bounde by this custome 2 But the seruaunts of the Lord haue not secretely consented to this custome ff de legib l. de quibus 3 Therefore they are not bound by this custome THe first proposition is the lawe it selfe the second proposition I confirme thus At the beginninge of this custome it is euideÌ„t that the family of the Lord was very smale and the same oppressed in captiuity it beeing in seruitude and bondage coulde not freelye giue any secreat consent to any gouerment all manner of gouenrment beeing violently taken from them And as touching the time since the publishing of the gopsel how far they haue beene from yelding any priuie consent hitherto as well both the open and publicke protestations by the preachinges and writings of manye notable men in the churches with vs as also the vse practice of all reformed churches els where doe manyfest the cleane contrary to the whole world by means whereof the Byshops vnder the Gospell though they haue hitherto vsed authority to excommunicate alone yet therby haue they not gayned any iust title interest or dominioÌ„ therunto For that as yet they haue neuer proued themselues to haue any quiet and peaceable possession of this their iurisdiction and therefore cannot vse this pretensed custome as a lawfull defence against their bretherne and fellow seruaunts Cod de prescript â—rigi vel quadra anni l. si quis l. vlt. Extra de prescript c. sanctorum CONSVETVDO siue possessio debet esse pacifica non violenta sine interruptione ad hoc vt prescriptio locuÌ„ habeat A custome or possession ought to be peaceable not forced without interruption to the end prescription may take place And therfore I conclude againste this custome thus 1 Euerie vnpeaceable forced custom is an vnlawfull custome 2 But this custome that one should excommunicat alone is an vnpeaceable a forced custome 3 Therefore this custome is an vnlawfull custome THe first proposition is the law the second propositioÌ„ our knowledge experieÌ„ce teacheth vs euideÌ„tly inough for though this custome be peaceable in the popish synagogue yet it followeth not that the same therfore is peaceable in the church of Christe For the quiet possession of the predecessor is not coÌ„tinued vnto the successor or any whit aduantageth the successor vnles the successor challeÌ„ge his possession by the same cause by the same title that his predecessor did If the same will in his persoÌ„ continue the possession of his AuÌ„cestor so by prescriptioÌ„ atcheiue the dominioÌ„ or proprieti of any thing he must coÌ„tinue the possessioÌ„ by the same title that his AuÌ„cestor begaÌ„ the possessioÌ„ And therfore sitheÌ„ce our Byshops vnder the gospell the popish Bishops by fictioÌ„ of law be one the selfe same persoÌ„ therfore by al inteÌ„ts coÌ„structioÌ„s of law must of necessity vse the self same title for the continuaunce of their possession and the prescription of their custome one of
these two thinges must necessarily followe eyther our Byshoppes must vse the tytle of this custome which the popishe byshoppes vsed and so a corrupt tytle the consentes of the popishe Cleargye no sufficient title to barre the Lordes seruauntes or else they must challenge this custome as prescribed by some other lawfull tytle since the succession whiche cannot bee for two causes First as I sayd before they haue not bene in possession of their offices vnder the Gospell so manye yeares as are sufficient to the prescription of a custome Secondly whereas a continuall clayme by open writinges and preachinges hath beene made to the contrarie it appeareth that the possession they haue is altogether forced and violent and therefore an vniust possession And as touching the number of yeares before mentioned I would not haue the Papiste or any other take anye aduauntage by those speaches as though I ment that the Gospel hath not beene preached these threescore yeeares a time sufficient in Lawe to prescribe a custome in as muche as I knowe that the Gospell nowe preached is the same Gospell that hath beene preached from the beginning yea that hath beene from all eternity and preached by the Lorde Christe himselfe in the dayes of his humanitie and continued in his Churche euer since by his true disciples but my meaning is that since the time of the restitution thereof and of the returne of his people from out of the captiuitie of the spiritual whore of Babylon there hath not yet so many yeeres passed as may serue for a lawfull custome to the Bysh vnder the Gospell against their fellow brethren For though they succeede the Apostles and primitiue Churche in soundnes of doctrine and teach the same saluation that our sauiour himselfe taught and so haue a continuaunce and a possession of the doctrine of faith Yet thereby or therefore it followeth not that they likewise haue or may challenge the like defence for the former custome The Apostles them selues and the primitiue Church neuer vsing any such authority and therefore no such authority to be deriued or continued from them as in deed neuer begun or practized by them And therfore for this cause and in this respect also the former custome as an vnreasonable custome is in truth no custome at all For Consuetudo irrationabilis amittit nomen consuetudinis appellatur corruptela Panor in c. cum venerabilis extra de consuetud An vnreasonable custom no custome An vnreasonable custome looseth the name of a custome and is called a corruption I say this custome in the Church of Christe is an vnreasonable custome as neuer begun by the Apostles and seruauntes of Christ and therefore not to be continued by the followers successors of the Apostles the Apostles both teaching practizing the cleane contrary And therfore as euery law against the law of God is an vnreasonable law and therefore in truth no law So euerye custome against the law of God is an vnreasonable custome and so in deed no custome Consuetudo sayth Anto. de Butuo si tendit ad foelicitatem animae est rationabilis si vero repugnat fini aeterno consuetudo est irrationabilis A custome if it tende to the happinesse of the soule it is a reasonable custome but if it repugne the ende eternall the custome is vnreasonable Now that this custome where by the law of the Almightie is violated can not tende to the beatitude of the soule euery man must confesse And therefore I conclude thus 1 Euery custome not tending to the happines of the soule is an vnreasonable custome 2 But this custome that one shoulde excommunicate alone tendeth not to the happines of the soule 3 Therefore this custome is an vnreasonable custome The first proposition is the Lawe the second proposition I proue thus 1 Euery breach of the Lawe of God tendeth to the destruction of the soule 2 But this Custome is a breache of the Lawe of God 3 Therefore this custome tendeth to the destruction of the soule and if it tend to the destruction of the soule then tendeth it not to the happinesse of the soule THe seconde proposition of this syllogisme hath bene prooued before namely for that the Apostles haue taught and practised the contrary And in truth as hath beene already prooued it was begun aboue a thousand yeeres after the Apostles times and confirmed onely by a Pope vppon a politique reason drawn from the gouernment of common weales namely for that matters committed to one may in reason be easlier and speedilier dispatched then matters committed to many 1. Panor c. cum venerabilis Extra de consuet Agayne Consuetudo quae est inimica canonibus prima facie presumitur irrationabilis A custome that is enimy to the Canons is presently presumed to be vnreasonable Nowe the auncient Canons you haue seene before to be contrary and therfore what may be concluded let euery one iudge And hereby two other notable defects and impediments appeare againe to be in this custome which cannot be in any custome lawfully prescribed A custome not begun in good faith no lawful custome The one that it was not begun Bona fide iusto titulo By good fayth and vppon a iust Title the other that it was begun thorough want of the knowledge of the trueth and so ignorauntlye and erroniously which I prooue thus Whatsoeuer is begunne and continued in the Churche agaynst or without the commaundement of GOD as the same must needes bee begun Mala fide iniusto titulo by an euill conscience and by an vnlawfull title so must it followe that the same is begunne also without knowledge of the truethe for that neyther any good fayth neyther any trueth can bee founde to bee in any thing that is contrarye or without the worde of God And therefore this custome is agayne for these two respects vtterlye vnreasonable and therefore doth not excuse agaynste common righte Extra de consuet c. cum olim Quia consuetudo excusat in hiis quae sunt contra ius positiuum dum tamen sit rationabilis prescripta Because Custome excuseth in those thinges which are agaynste Positiue Lawe so the same bee reasonable and prescribed Nowe that no Byshoppe by common right coulde excommunicate correct or punish his subiectes alone before the time that Boniface the eyghte had giuen sentence for the Byshoppe of Pictauia Lib. 6. de consuet c. non est agaynste the Deane and Chapter of the same Churche complayning that the Byshoppe had dealt iniuriouslye with them for that hee had exercised Ecclesiasticall Discipline vvithout theire Counsayle hath beene alreadye prooued by the Canons and Constitutions before specified Which Canons were decreed long before and nearer the Apostles time and accordinge to the practise and vsadge of the aunciente Fathers And therefore since this Custome hath had a beginning but in the time of Boniface the eyghte no lawefull successor of the Apostles and that vppon a reason of pollitike
be executed now I reply that what bishop or Cleargie man soeuer did before the 25. H. 8. vse or execute any such office forbidden as wherof mention hath bene made before the same Bysh or Cleargy man had some speciall dispensation faculty or licence from the Pope so to doe and that therefore the conclusion remaineth still firm For the statute hath not relation to the particular exemptions and immunities of certain priuiledged persons in this case more then it hath to the residue of the whole body of the canon law wherin is nothing generally forbidden but dispensations were granteâ— from Rome at that time to the contrary and so if the exception were good we should haue no ecclesiasticall law at all in force because from the obseruation of euery generall law some at that time were exemted by dispensatioÌ„ If it be answered again that as the pope did gratify his cleargy so her Maiesty doth gratify hir cleargy by dispensation herein he most strongly confirmeth mine assertioÌ„ that bishops cleargy men by common right may vse no ciuill Iuridiction For whatsoeuer is lawfull by priuiledge or dispensation only the same is vnlawfull by common right ⧠VNLAVVfull to ordaine a Minister without a Title Extra de prebend c. non licet NON LICET VLLI EPISCOPO c. It is not lawfull for any By. to ordayne clearkes and not to giue them whereon they may liue but let him choose one of these twayne either let him make no Clearkes at all or if he make any let him giue them whereon they maye liue Agayne Extra de prebend c. episcop EPISCOPVS SI ALIQVEM c. If a Byshop shall ordayne any eyther Deacon or Minister not hauing a certayne tytle whereby he may receiue thinges necessary for this life vnlesse the party so ordeined haue some inheritaunce of his owne for the maintainaunce of this life Let the Byshop so long minister vnto him things necessary vntill he may assigne vnto him in some Church a conuenient stipend for his Clearkly warfare And it is intended heere sayth the glosse that one may then bee ordeined without any title when as he hath whereby to liue Agayne Extra de prebend c. tuis Vnto thy demaundes we aunswere thus that thou mayest promote vnto higher orders Clearkes placed in inferiour orders in case they haue of their owne patrimony whereby they maye bee commodiously releeued although they haue not obtayned any Ecclesiasticall benefice at all But if the Patrimony shoulde decay by sodayne misaduenture or ouerflowing of Waters it seemeth sufficient that the Bysh shoulde prouide for them in some Ecclesiasticall benefice because since they may not returne agayne into the worlde their pouerty might redound vnto the discredite of the cleargy Agayne Extra de aeta qual c. accepimus ACCEPIMVS TE c. VVe vnderstande by thy report that certaine Clearkes promoted vnto holy orders without a Title molest thee about the obtayning of certayne benefices Although therefore in the ordination of Clearkes thou and thy predecessors ought to haue had that diligence that by you vnmeete men should not haue bene ordained and therefore after their ordination thou canst not pretend any exception against them vnlesse after their promotion they haue made themselues vnworthy yet notwithstanding when it behoouâ—h vs to write for such we for a cautle cause to be put in our letters decree that if the ordeined for whome we write be reputed fit not vnworthy an Ecclesiasticall benefice that a competent Benefice bee giuen vnto him either by the ordeynor or his successour VVhereas if wee woulde deale strayghtly by Law with thee wee coulde worthily compell thee to the prouision of those whome it is manifest to haue beene ordayned by thee or thy predecessours Especially in as much as thou oughteste to repute those meete to receiue an Ecclesiasticall benefice whome thou haste admitted vnto orders Agayne Extra de prebend c. cum secundum CVM SECVNDVM APOSTOLVM c. Sithence according vnto the Apostle hee that serueth the Altar ought to liue of the Altar and that he that is elected vnto a burden ought not to bee reiected from the reward it is euident by the like as reason it selfe perswadeth vs that Cleaerkes ought to liue of the patrimony of Iesus Christe vnto whose seruice they are deputed For in as much as Clearkes are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which is Sors a Lot or Inheritaunce of the Lord or in as much as they attaine an inheritance in him that they may truly sing with the Prophet The Lord is the part of of mine inheritaunce it is meete that they be releeued with the stipends of the Church in the which and by the which they are appoynted vnto holy seruices And although our predecessors to the shame of the ordeinors woulde the ordinations of such as were promoted without any certain Title to bee frustrate and void yet we desirous to deale more fauourablie will the ordeyned so long to be prouided for by the ordeynours or their successours vntill by their meanes they shall obtayne some Ecclesiasticall Benefices And therefore inasmuch as I the bearer hereof was by the presentment of none promoted by thy predecessor vnto subdeaconship we command that if they vnto whome we haue committed his examination shall finde him fit thou beeing lawfully cited to propose either by thy selfe or by thy lawfull proctor whatsoeuer thou thinkest reasonably to bee proposed touching aswell the aptnesse of his person as the quantity or qualitye of a Benefice thou so long minister vnto him things necessary for the maintainance of his life vntill he shall obtaine by thee in the Church of Zamoran or soms other Church an Ecclesiasticall benefice Agayne Lib. 6. de prebend c. epis If the Byshop vnto whome without expresse mention of any person thou haste generally committed in thy steede to giue orders in such a diocesse shal promote any not hauing a title vnto holy orders he him self seeing he was in fault by ordeining such a one shal be bound to minister vnto him al things necessary for this life vntill by him or some other he be prouided for in some competent benefice But vnto whome licence is giuen by the diocesans to be promoted vnto holy orders of whatsoeuer Byshop they wil in this case not the ordeinors but they who giue licence because they oughte not to giue licence to one not hauing a Title if they haue no Title are bound vnto the premises If any aduocate for any Byshop shall auerre the Byshops generally to haue regard vnto these and such like Canons in as much as they admit none vnto holy orders vnlesse he be presented by some lay men and haue some special deed or grauÌ„t in writing for some annuall rent or pencion payable vnto him in case afterwarde he languishing with some incurable disease or otherwise visited shall not be able to execute his ministerye duely I answere that that is not sufficient because
relieue the sayd Clearke vntill he haue prouided him such a benefice as is not recouerable from him both to the ende no collusion between the bishop and the Clearke shoulde be vsed and also because the bishop should warely and wisely haue fore seene the first title to haue beene sure and good ⧠The manner of Archbishops bishops and Archdeacons visitations and what procurations are due for the same FIrst visitations saith the Canon law Extra de cens c. cum venerabili were instituted Causa correctionis for cause of reformation and therefore it is certaine sayth the Glosse Glos ibid. ver bis in anno in the same chapiter if the visitor be certain that the Church need no visitation he ought not to visite the same because the cause ceasing the effect should cease Secondly because visitations were ordayned to the intent a Church destitute of spirituall things might haue spirituall thinges ministred vnto hir 10. q. 2. precarie and for that by common intent of law Eztr. de prescrip c. cum ex Nemo tenetur beneficium facere de preprio vel propriis stiperdiis militare No man is bound to doe a benefite vpon his owne charge or to goe a warfare vppon his owne costes Therefore in these respectes and vpon these causes procurations were annexed to visitations as certayne proper and peculier stipendes due vnto visitors touching their necessary charges and expenses to be spent in and about the same Glos lib. 6. de censib c. faelicis ver manebit And to the intent no poore Church by ouer great costes to be expended for the procuration of a visitor shoulde be damnified therefore a sober and moderate procuration was at the first generally commaunded and is now speciallye rated to a certayne small value And againe leaste the Bishop might inconsideratelye and for lucre sake visite a whole Citie or Diocesse in one daye and so not onely without reason receiue so many procurations as there were Churches but also inuert the naturall order of the policie of the Church making the accessary namely the procuration greater then the principall namely the visitation a due and equall order was taken that the visitor should satisfie him selfe with one procuration for one day and that the number of procurations should not exceede the number of dayes spent in visitation In which visitation the Ordinarie is precisely willed to goe present in proper person vnto the Church to be visited and may not by common right commit his office vnto any other vnlesse he be diseased or hauing many places about one time to visite coulde not either in time of winter by reason of snowes or inundations of waters or in time of warre by reason of perrill and danger of the enemy commodiously resort vnto euery Church Which naturall intent and true meaning of the law is euidently by these words so often repeated viz. Personally exercise personally visited personally searching by him selfe with effect personall visitation If he can not commodiously or without difficultie come vnto euery one Vppon which worde Accedere sayth the glosse Patet ergo quod ire tenetur nec sufficit ad suam ecclesiam vocare It appeareth therefore that he is bound to goe neither is it sufficient for him to call to his owne church Neither doth the alteration of procurations from mony vnto victuals or from victuals vnto money alter the nature of the first institution of procurations For as at the first it was ordayned that the visitor and his retinue for the day where in he visited should haue a moderate diet in victuals prouided at the charge of the church to be visited So was it neuer intended by any alteration that he should receiue twenty or forty dayes diet in money for visiting twenty or forty churches at one place in one day Lib. 6. de cens c 1 § procurationes lib. 6. cod c. exigit But as a visitor by the first institution of procurations was to haue had his dyet in victuals onely for one day so was he by later decrees to receiue so much monye as was sufficient for one dayes diet onely Lib. 6. de cens c faelicis Which is apparant by the decree of Iohn Stratford Archbysh of Canterbury particularly and of purpose ordeined againste the Byshop and Archdeacon of his prouince For saith he though the Byshop visite many Churches in one day yet he shall haue but one procuration whether the same be in mony or victuall whereunto all the Churches so visited shall proportionally contribute Extrauag commu de censib c. 1. Which procuration for a Byshops substitute is limitted by a decree of Bennet the 12. not to exceede the value of fourescore Turons of siluer euery 12. Turons making one floren of pure Golde of an acune florentine according to our english estimate not amounting in coin aboue the summe of fiue shillings at the vtmost So that the whole procuration for one day to bee receiued by a Byshops substitute of all Churches called together ought to be at the vtmoste but thirty fiue shillings the whole procuration of an Archdeacons substitute for one dayes diet ought not to exceede the some of 12. Shillings 6. pence though eyther of them should call 50. or an 100 Churches together into one place in one day In like manner if the Byshoppe personally visite by himselfe then is he to haue for his owne and his retinues diet about fiue marks onely and in case the Archdeacon visite personnally then is he to receiue about twenty shillings onely Which procuration limitted vnto the Archdeacon by the decree of Bennet seemeth to be mitigated by a prouincial constitution in Lindewood whereby an Archdeacon is allowed towards one dayes diet for himselfe and his seruitors but 40. pence Which summe saith the glosse Sufficere videtur pro quatuor personis totidem equis cum vno summario seemeth to suffice for foure persons and so many horses with one sumner Which diet is to be vnderstood for one day naturall contayning 24. houres Wherefore I conclude that neither a Bysh nor a Byshops Commissary that neyther an Archdeacon nor Archdeacons officiall may at any time visite for lucre or gaine that hee may onely visite then and there when and where he knoweth iust cause of reformation that he may not take an excessiue but a moderate procuration that neyther he nor any of his retinue may take a reward that he may not reap earthly things vnlesse he sow spiritual things that he may not except vpō vrgent necessity visit more churches then one in one day that he may take but one prouisiō for one day that he may not take any procuration at al vnlesse he diligently performe the office of a visitor And lastly that Archb. B. Archd ought personally to visit vnlesse by Priuiledge they be specially exempted By which exemption they haue onelye this libertye that the Archb. By Archd. substitute may take so much allowances of
the churches visited as they may reasonnably spēd in one day that their substitutes may not purse vp or cary any treasure away as by the decree of Bennet before alleadged is euident For the same decree alloweth no more to the Archb. B. Archd. nor their substitutes then so much as they may wel spend in one day for there diet and other necessary chardges Concerning which priuiledge graunted by the Canon of Bennet the 12. exempting Archbysh and Bysh from necessity of personall visitation and licensing them to visite by others in as much as the sayde Canon being contrariant or repugnant to the Lawes Statutes and Customes of the Realme or derogatory to her highnesse prerogatiue royall is not therefore authorized but rather abrogated by act of Parliament I answere that the sayde priuiledge is nowe a voyde priuiledge hauing no lawe cannon constitution or sinodall prouinciall to iustify the same For whether a bull briefe or any faculty graunted vnto any subiect of this realm from the sea of Rome in the time of Queene Mary or else when for the enioying many benefices or being nonsident and such like be pleydable in any her highnesse courtes or allowable within any her dominions the case argued not long since at the barr of common pleas betweene M. Sergeant Fleetewood and M. Sergeant Wameslowe and passed by the iudgement of the whole Court against Wameslow arguing for the validity of a Bull from Rome doth prooue the contrary Wherefore vnlesse our Prelates will rashly incurre the penaltie of her highnesse Laws inacted against abetters of forraigne iurisdiction they are well and warely to be aduised not to sticke vnto any priuiledge heretofore graunted by any Cannon from any Pope for the exaction of procurations due vnto their substitutes the same Cannon as preiudiciall to the Queenes prerogatiue royall being abrogated yea they are soberly and in good discretion to vse the benefite of common right alone and onlie to practise such canons as are in force by the former act of Parliamēt namely personally to visit in māner form before described For if they shall hereafter vpon the knowledge of these things vnaduisedlie attempt any thing vnto the contrarie her maiestie may be rightly mooued to exasperate the matter and to haue her sworde whetted against such contempts For though by such kind of visitation as is prescribed by commō right some pore Archd. perhaps hauing their subsidies tenthes valued according to the rate of their procurations might not be able to satisfie her maiesties said tenths subsidies yet not onlie the reuenues of fat Archb. B. Archdeconries could be no impediment hereunto For that they haue either lands personages prebendes to supply all such wants but also her maiesty by seasing some yearly portion of the said procurations into her own handes might for the maintainaunce of her royall state both haue the reuenues of her treasury greatly increased also the whole ministery from vnlawful exactions lawfully released Euery minister woulde more freely no doubt in confideration of the singuler peace hee enioyeth vnder her Maiesty yeelde vnto her maiesty a voluntary contribution of the one halfe of such procurations as nowe are yearely payable vnto a Byshop or Archdeacon rather then to pay the whole procurations vnto the sayde B. or Archdeacon vnder whome and by whom and with whome he is at continuall Warre And so where her maiesty receiueth nowe yearely for an Archdeaconrye valued at 40. pounds but 4. pound by yere for tenths her maiesty may wel receiue 20. poūd euē four times so much as at this present is due yea where her maiesty receiueth the first fruites of an Archdeacōry but once in the time of a mans life the ministery no doubt to be disburdened of Bysh and Archdeacons vntollerable visitations will in steed therof cheerfully at the end of euery ten yeares yeeld vnto her Maiesty in steede of the sayd first fruites the whole procurations now due vnto the sayde Bysh and Archdeacons the one may hereafter lawfully be yeelded the other hath beene heretofore vnlawfullye exacted as appeareth by the Conons following Extra de censib c cū venerabili Li◠6. de censib c. 1. §. procurationes Lib 6. de censib c. exigit We decree that the Byshop when hee shal come to any church for cause of reformation take of the same Church a moderate procuration And let him receiue such a prouision as is appointed in the Canons But neither he him selfe nor any of his family by meanes of any office or custome or by any other meanes whatsoeuer may receiue any mony in the name of any procuration and prouision onely let them receiue moderate expenses in victualles c. that he may not seem to seeke his owne but those thinges which are Iesus Christes And if any thing repugnant vnto this decree shall be attempted let him that receiueth it be holden accursed from the which let him not at any time be absolued vnlesse he restore the double Lib. 6. censi c. faelicis But because experience teacheth vs that by this means many inconuenience happen as well vnto the persons visiting as vnto the places and Churches visited we graunt that patriarks Archb. B. other vnto whom the office to visit belongeth may of such gouernoures or persons of places visited as are willing to disburce mony lawfully receiue the same for their moderate charges of victuall to be spent in those dayes wherein they shall personally visite Adding moreouer that the visitor whether hee shal visit one place alone or many places shal not lawfully receiue any more then one procuration for one day although euery place visited by him were able to pay one whol procuration in as much as it ought to suffice him to receiue temporall things of the places personally visited for those days wherin he ministreth vnto them spiriiual things For many procurations may not sayth Pope Clement Clement de censib c. ad nostrum be receiued for one day the office of visiting not perfourmed Lib 6. de offic ord c. si episcopus Neither may or ought a Byshop that doth not personally visit exact by his substitute or deputy any thing at all of those whom he by his substitute or deputy shall so visite Lib. 6. decens c. 1. §. 1. §. deinde If commodiously or without difficulty hee cannot come vnto euery church let him call the cleargy layty from many places vnto one cōuenient place then let him freely visiting the clergy and people onely receiue procuration of the places visited Lind. de cēsib c. 1. in fin Moreouer we straightly inhibite the Archd. that they receiue by no means procurations without a reasonable cause only for that day wherein they personally visit a Church able to prouide for them neither let them presume to extort any thing for the redemption of their visitation for every ordinarye saith the glosse vppon the word Personaliter that
he that ineucteth him after this sort shall haue of him that is inducted necessary expences and such as are agreeable to his estate and calling vnder the moderation limited vnto the Archdeacon him selfe or his officiall if either of them had personally made any such induction Prouin lind de censib c. item licet ILLVM ARCHIDIACONORVM c. We detesting that abuse of the Archdeacons and their Officials and other Ordinaries whereby they exact of the Priestes appointed to celebrate in their iurisdictions before they doe celebrate a certayne and excessiue sume of money vnlawfully conuerting the liberalitie wherewith such Priestes were wont to content them selues receauing but one peny of Clearkes registring their names in their recordes vnto a confiscal exaction of sixe pence or there aboutes We ordayne that from hencefoorth of the sayde Archdeacons and other Ordinaries or any of their ministers vnder payne of suspencion from the celebration of diuine things by any meanes presume not to receiue of the sayde Priestes aboue one peny For the which there names must be registred in their first admissions Lind. de censib c. saeua A cruell and miserable greedinesse hath inuented that vnmeasurable exactions for letters of institutions of Clearkes admtited vnto ecclesiasticall benefices for letters of orders for labour of writinges and for seales are oftentimes made the Canon disalowing the same saying as it becommeth not a bishop to sell the imposition of handes so it is not decent for his minister to sell his quill Moreouer the Clearkes of Archdeacons and their Officials and other ordinances refuse to deliuer the certificates of inquisitions made vppon vacant benefices vnlesse they first haue an excessiue some of money for writing We therefore willing to abolish this abase haue determined by the aduise of this present counsel to ordayne that for the writing of the letters of inquisitions institutions or collations and commissions to induct or for the certificates of the same into their benefices the sayd Clearkes receiue not either by them selues or by others aboue 12. pence And for the letters of euery holy order the sayde Clearkes neither by them selues nor by any other shall receiue aboue sixe pence In other things let the Ordinaries themselues be bound to allot stipendes for their ministers and officers wherby they may iustly be satisfied But for sealing of such letters or to the Marshals for entring into the house or to the Portors or doore keepers or Barbers we will that nothing at all be exacted or payde by any coulorable intent least the payment for seales os letters or enteraunces aforesayd be turned vnto a damnable gaine Bishops and bishops men not a few are suspended by this Canon And this we ordayne vpon paine of double to be restored within one moueth Otherwise the Clearkes that refuse to restore double let them know them selues to stande suspended from their office and from their benefice And now generally to conclude It were not amisse in my simple vnderstanding that the whole Church made humble supplication vnto her excellent Maiesty and her honourable Counsaylers that the Iudges of the Land might bee consulted vppon the validity of the former act of Parliament and that it might bee knowne whether the foresayde Cannons established thereby or any of them be in force and if so that then her Maiesty woulde vouchsafe gratiously to take the Church affayres into hir owne handes and by hir commisson Ecclesiasticall appoynt such honourable and faythfull men as are not in the ministerie to examine the bishops proceedinges Viz. Whether they haue made any criminous and vnlearned ministers Whether they haue suffred any such men to remaine in the ministery all the tyme of her maiesties raigne Whether the Archbish haue dispenced in any matter or cause contrary to the word of God Whether the pastor of euery congregation be suffered to execute the discipline of Christ authorized by Act of Parliament Whether the Archbish bish haue sat in matters of blood Whether they haue made a minister without a title allowing him whereon he might liue Whether he haue made anye in his owne Diocesse without licence from his felow bishops Whether he haue receiued any money for letters of orders institutions or suffered his Archdeacons to do the like for inductions Whether he haue receiued money for excommunication and absolution Whether he haue set out his bishopprick or any part of his iurisdiction for an annuall rent Whether he haue not suffered his chiefe houses of resiaunce to fall into dilapidations Whether he haue not admitted vnto anye benefice the sonne of him whose father was placed in the same benefice before Whether hee suffer none to bee non resident but where the euident necessitie and vtilitie of the Church requyreth Whether he haue promulged and executed any Canon or iniunction without hir maiesties writ and royall assent Whether he haue personally visited the Churches of his Diocesse onely vpon iust cause and not for gaine whether a minister haue not by commoÌ„ right Act of Parliament a lawfull calling in the ministery and such a calling as from the which the bishop maye not remooue him without some speciall cause Whether an Archbishop or bishop by vertue of his Archiepiscopall or Episcopall authoritie may promulge or execute any Canon or Iniunction vnlesse it be made in conuocation summoned by hir maiesties wryt and authorized by hir royall assent Whether a murtherer or theife be vsually compellable vpon his oth to detect his murther or fellony Whether an Archbishop or bish may lawfully bring vppon hir highnesse leage people an inquisition sifting them with othes what fayth deuotion or maners they professe Especially the sayde people liuing in outward obedience of hir highnesse positiue lawes And if not then whether an Archbishop or bishop may lawfully vrge the like touching matters onely of discipline and ceremonies and commaunde hir sayde people by vertue of their othes to declare what when where or how they haue spoken or preached out of the word of God the truth of God touching the same Whether a preacher onely vpon occasion of his text teaching the people that weomen by the lawe of God may not baptize or that by the same lawe a Deacons office is not to preach may bee iustly condemned to haue preached maliciously against the booke of common prayer the sayd preacher not once mencioning in all his sermon one word of the sayd booke Whether a preacher of the Gospell borne within hir maiesties Dominions haue not freedome of an English Citizen to challenge the benefit of hir highnesse lawes for the defence of his person fame goodes landes and liuinges Whether a preacher of the Gospel fearing some vniust vexation of his Diocesan may not complaine into hir highnes court of Chauncery and haue hir maiesties writ Quia timet against the sayde Diocesan Whether a preacher of the Gospell may not lawfully haue his bill of complaint admitted by the honorable Counsellours Peares and Lordes of the Starre chamber against his Diocesans iniurious intreaties and contemptes of hir highnesse lawes Whether some kinde of writ out of hir highnesse other temporall Courtes may not lye as well against a Diocesan for proceeding against a preacher of the gospell contrary to common or statute lawe or contrary to hir highnesse prerogatiue royall as some kinde of writ doth lye against an Archbishop for proceeding against some other of hir highnesse liege people contrary to the intent of the statutes prouided against vsury periurie payment of tithes and such like Whether an Archbishop may sing a note aboue Aela and lawfully exercise an absolute power within hir maiesties Dominions Whether a minister admitted by the order of the booke of king Edwarde the sixth be not presently a lawfull minister and may preach in his owne cure with out any licence in writing from the Bishop Whether licences graunted by hir maiestie or hir maiesties ecclesiasticall Commissioners or any of the Vniuersities be at any time reuocable by an Archbishop alone Whether any licence for mariage without banes asking be lawfull or no and whether banes asking be of necessitie required by the booke of Common prayer Whether any commutation of penance be lawfull Whether a meere lay man no doctor of the ciuil law may be a chauncelor and so excommunicate Whether a meere laye man no Doctor of the Ciuill law may be a bishops register contrary to an Act of Parliament Whether it be lawfull for a symoniacall excommunâ—…cat and irreguler person to bee a ludge or no And 〈◊〉 an Archbishoppe be such a person whether he may resort to the Pope to be absolued or no or where or how he may be absolued Faultes escaped PAg. 12. li 29. for leaue these read leaue the seate pag. 12. li. 33. for he shall be in read be in pag 13. l. 24. for by the popes act of parliament read made by the pope coâ—…med by act of parliament pag. 14. l. 12. for he is deposed read he deposeth pag. 14 l 35. put a before certain pag. 14. l 13 for functions read fâ—…ns pag 18 l. 28. for correcteth or improoueth rea to correct and improoue pag 20. l. 35. read and that it did not concern the honor of the Sonne of the most pag. 22 l. 7 for 4 read 1â— articles pag 23. for corruptions read occupations pag. 33. l. 3 for the minister chargeth read the minister at the Bâ— instance chargeth pa. 56 l. 11. for that they read that the â—… pa 75 for collation read collusion pa. 71. l. 35. for curall rea â—urall p 79 l 15 for dicit rea dicere p. 79. l. 27. for oâ— yet a consent rea nor yet consent pa 82 l. 18. for partâ— rea pacta pa. 161. l. 9 for reputari idoneas rea reputare idoneâ—… pa 101. l 27. for this plurality man rea a plurality man pag. 103. l. 8. for harly rea Carlile pag. 103. l. 35. for canon rea common pag 151. for petion rea petition p 157. l. 5. for passion rea possession pag. 173. l. 27. for runneth thee rea runneth against thee pag 175. l. 25. for of sufficient rea of no sufficient pa 222. for seruants rea tenaunts pag. 141. l 25. for Abbot rea Abbiâ— pa. 169. for of excommunication rea of sole excommunication p. 122. l. 10. for Moses rea Ioâ—hua and pag. 122. l. 12. for Ioshua read Ioshuas 〈◊〉
Extra ne cleric vel monac c. sententiam A Byshop may not bee a iustice of peace in cause of bloud SENTENTIAM c. Let no Clearke indite or pronounce a sentence of bloud neither let him put in execution any sentence of Bloude or bee present where it is exercised Neither let any clearke indite or write Letters to bee destined for the auengement of bloud Therefore in the courts of princes let not this care be committed to Clearkes but to lay men And agayne Extra de exces prelat c. extra EPISCOPVS cuius authoritate c. Abishop by whose authority manslaughter is committed is deposed from the ministery of the Alter and from his pontificall office and from the administration of his Bishopricke A Bishop eyther directly or indirectly giuing cause that manslaughter be committed the same being committed ought to be depriued from his Byshoply and Priestly office to be remooued from the administration of his Bishopricke And that this Chapter may not seeme sayth the Glosse to be vnderstood of manslaughter or murder vniustly committed or perpetrated these words are added in the Text Quia propter furtum quidam fur suspensus erat Because for theft a certayn theefe was hanged In the time of Henrie the second I finde that the sayde King gaue certayne Priuiledges and immunities vnto the cleargy the Tenor of which graunt ensueth Math. Pari. H. 2. fol. 185. ARCHIEPISCOPI EPISCOPI c. The Archbishops Byshops and all persons of the kingdome which hold of the King in cheefe let them haue their possessions of the King as a barony and thereof let them aunswere to the Kings Iusticers and Ministers and let them follow and doe all the Kings customes and as other Baronnies so shall they be present in iudgementes of the Kings Court with the Baronnes vntill the matter come to the losse of member or to death By which priuiledge graunted vnto the cleargy as I suppose our Bishops at this day haue their seates in the Starre Chamber and are Lordes of the Parliament house For before the graunt made by this King it doth not appeare they had any such priuiledges the words of the king not ratifiyng or confirming any former graunt made by his auncestors and predecessours Kings of England as in all giftes of confirmation vsually is done but gratifiyng his Clergy and other of his subiectes by giuing them newe liberties and franchises whereof before his time they were not possessed for in the graunt there is no repetition or mention of an Inspeximus wee haue seene the charters of our father grandfather or great grandfather but here is a meere and absolute graunte deriued principallye from the kings owne person H. 2. Whereby I gather that these offices in Cleargy men haue not bene of any long continuance in England and that by the ancient laws and customs of England they do not properly belong vnto them onely the King by his prerogatiue hauing power to make Barons at his royal pleasure and to appoint Iudges in his Courtes at his gratious will hath by the same his Prerogatiue graunted vnto the Cleargy that which before time by the common laws of his Empire did not appertayn vnto them and that therefore as the common weale was gouerned iustice ministred and lawes executed in the Kings Courts by the Barons before the time of this graunt by H. 2. without the ayde and assistaunce of Cleargye men euen so might the common weale at this day be as well gouerned by the like gouernment without any help frō any of them as in deede and truth the same in matters of pollicye and greate state these 24. yeares hath bene wonderfully gouerned without them For which of the Cleargy men since the Lorde sealed vp the eyes of Queene Mary hath once set his foote within the Councell Chamber dore to consult with the Nobility of matters of state Which of them hath carried any sway or borne any stroake in the Starre Chamber otherwise then as the punie Baron there hath doone And if Archbish and Bysh may be spared in the Parliament house yea may not come into that assembly at all whensoeuer any statute is to be made touching felony or treason or the losse of any member or sheading of any bloud◠I see not but they may as well be spared in matters of possessions and inheritaunces and in other matters of state and pollicy whatsoeuer and so much more rather in these then in the former by how much more the life of man is more precious then all other earthly possessions or treasures And by howe much more the taking away of the life of an innocent is more odible and heynons before the Lorde in case it be not done according to his worde In which matters the diuines are fittest to bee consulted with and whose counsels are not to be omitted least life bee taken away where it is forbidden or death take no place where it is commaunded But be it so that our B. may pretend their iurisdiction in ciuill causes to bee more auncient then from the time of K. H. the second yea be it that they may deriue the same from Edgar or Canutus before the conquest yet because Canutus ordayned that the B. of the Diocesse should be present at the Courtes of euery shire onely to teach the people Gods Lawe as Edgar before him had appointed the Shirife to be present at the assemblies and Synodes holden by the Cleargy twise a yeare onely to teach the same clergy mans Lawe namely the lawe of the Realme They are not to boast of Antiquity for their iurisdiction in causes ciuill They haue beene appointed long sithence to meete in deede in Ciuill Courts but onely to exercise the spirituall sworde But were it so that by the Lawes of Edgar and Canutus they might seeme to challendge great regalities dignities and immunities yet they know that by the Lawes of the first King and last King of the most noble most highest and most holiest king the king of al Kings our Lord Iesus Christ whose vassalls in worde they professe themselues to bee they haue no such enfranchisemēts granted vnto them yea rather that they be precisely willed being ministers of the gospel not to be called Lords or to be deuiders of inheritaunces But we will goe forward For not onely the decrees and ordinances before mentioned against seculer iurisdiction and ciuill offices in Ecclesiasticall men haue bene made and published by the B. of Rome and his Legates or Messengers for the regiment of his Cleargy a kinde of people as he saith onely to be gouerned by such positiue lawes as proceede from his brest Ciuil gouernment forbidden by the ciuill law to ecclesiasticall men But the Emperour also by the Lawes of his Empire hath directlye and absolutely commaunded the same ALIVM AVTEM FIERI c. But we suffer not a Byshop or an elder in his owne name or in the name of his Church or ministery to be made a receiuer or
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