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cause_n	church_n	doctrine_n	rome_n	2,369	5	7.0297	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A17925	Certaine considerations drawne from the canons of the last Sinod, and other the Kings ecclesiasticall and statue law ad informandum animum Domini Episcopi Wigornensis, seu alterius cuiusuis iudicis ecclesiastici, ne temere & inconsulto prosiliant ad depriuationem ministrorum Ecclesiæ: for not subscription, for the not exact vse of the order and forme of the booke of common prayer, heeretofore provided by the parishioners of any parish church, within the diocesse of Worcester, or for the not precise practise of the rites, ceremonies, & ornaments of the Church.	Babington, Gervase, 1550-1610.	1605 (1605)	STC 4585; ESTC S120971	54,648	69

had without cause devided them selves from the vnitie of the true church of Christ. Whereas in trueth the Church of Rome by hir Apostasie having cut hir selfe from the vnitie and vniversalitie of the doctrine and discipline of the true and mother church of Ierusalem is hir selfe become the most notable and prime sectarist and scismatick of all the world And of whose schismes our Diocesans so farre as they partake with hir can not be but guiltie Vnles then the Diocesans can approve them selves touching their vse of ceremonies and Diocesan governement to stand in vnitie with the true new Ierusalem in these dayes repaired departed from the old scismes and sectes of Rome we assure our selves that they shall never bee able to prove those ministers which stand not in vnitie either of iudgement or practise with them but be conscionably and so lawfully divided in these things from them for such division to be sectaries or scismatickes For it must be an vnlawful discession by inobedience from the vnitie of the first and mother church of Ierusalem and not a lawfull departure vpon conscienc efrō the vnitie of the daughter●church of England that maketh a sect or scisme For otherwise ought not all other Churches stande in vnitie of ceremonies and governement with the church of England or vnlawfully dividing them selves from the church of England must they not become scismatickes sectaries And how then are not almost all the christian and reformed churches in the world not onely almost but altogether scismatickes and heretickes For have they not divided them selves from all those rites ceremonies and ornaments yea from that maner of Diocesan governement which are yet reteyned in the Church of England My Lords I confesse that brevitie and perspicuitie are two commendable graces of the toung and of the penn such as in all mens speeches and writings are much to be affected But yet how long or tedious soever already I have bene I most humbly beseech your Honorable Lordshippes to licence me to passe on one steppe further especially the matter being of such importance as the same may not well bee passed over with silence It hath pleased Sir Edward Cooke Knight his Maixsesties Attornie Generall with all candor and charitie to confirme and satisfie by demōstrative profes all such as were not instructed in these points following First that an ecclesiastical Iudge may punish such Parsons Vicars c. as shall deprave or not observe the booke of common prayer by admonition excommunication sequestration or deprivation other censures and processe in like forme as heretofore hath beene vsed in like cases by the Queenes Ecclesiasticall lawes though the act of primo Eliza had never insflicted any punishment for depraving or not observing the same Secondly seeing the Authoritie of an Ecclesiasticall Iudge is to proceed and to give sentence in ecclesiasticall causes according to the ecclesiasticall law that the Iudges of the common law ought to give faith credit to their sentence and to allow it to be done according to the ecclesiasticall law when the iudge ecclesiasticall hath given sentence in a case ecclesiasticall vpon his proceedings by force of that law For saith he cuilibet in sua arte perito est credendum Now then as these two pointes bee plainly taught and demonstrated vnto vs so also even by the same demonstrative reasons it is cleere that there must be first a depraving or not observing of the booke secondly that every sentence given by an Ecclesiasticall Iudge in a case of depraving or not observing of that booke must be given according to the ecclesiasticall law and vpon his proceedings by force of that lawe in like forme c. From whence it followeth that all sentences touching depravation or not observatiō of the booke be either voyd sentences by reason of nullitie or no good sentences by reason of iniquitie and iniustice if by the Iudges Ecclesiasticall vpon their proceedings the same sentences have not bene given by force and according to the same lawes in like forme as heretofore hath bene vsed in like cases by the Kings Ecclesiasticall Lawes or if the factes charged vpon the Ministers by the iudges ecclesiasticall by the letter intendement of the law be no depravations or not observations of the same booke And therefore to the end all questions touching these two poyntes might hereafter vtterly cease and bee quite buried your Lordshipps could not performe a more acceptable service to the King the Church and Realme then by an humble importuning his Maiestie to have it explaned by parliament both who by the letter and true meaning of the Statute bee depravers or not observers of the booke and also what lawes Ecclesiasticall may and of right ought to be called indeed and trueth the Kings Ecclesiastical Lawes For vnlesse aswell touching these pointes as touching the former pointes of Sir Edward Cooks it be throughly decided what is the binding and assured law how should the Ministers or others content and satisfie themselves with an vndoubted trueth And that this maner of controversie about the invaliditie of sentences of deprivation given by ecclesiasticall Iudges is not a controversie now first moved but that the same hath bene long since handled and discussed is a matter yet remayning I doubt not vpon publike record For whereas sentences were given in the tyme of King Edward the sixt for the depriving of Steven Gardener from the Bishoprick of Wincester Bonner from the Bishopricke of London Heath from the Bishoprick of Worcester Day from the Bishopricke of Chester Tunstall from the Bishopricke of Durham Vessay from the Bishopricke of Exeter wherein many grave and learned commissioners were imployed as the Archbishop Cranmer Ridlie Bishop of London Goodrick Bishop of Elie Sir William Peeter and Sir Thomas Smith the Kings Secretaries Sir Iames Hales one of the Iudges of the Law Maister Gosnell Maister Goodrick Maister Lisley Maister Stamford men notably learned in the common lawes of this Realme Mai. Leveson and Mai. Oliver Doctors of the Civill Law nevertheles the same sentences were in the tyme of Queene Mary revoked and disannulled without Perliament within the space as myne Authour sayth of three dayes by vertue of other Commissioners for faultes found in the processes viz. that the former Commissioners had proceeded ex officio without authoritie contrary to the Kings Ecclesiastical Law sometimes quod iuris ordo non fuerit servatus c. sometimes that the Interrogatories were ministred to divers persons without knowledge of the defendants c. sometimes that some of the witnesses were examined privately without oath sometimes that their exceptions and appellations were not admitted but their persons committed to prison pendente appellatione c. And therefore most honorable Lords it is to be considered if the like or greater and more notorious defaultes and enormities bee to bee found in any sentence of deprivation given ex officio by a Diocesan governour at this day whether the same sentence

must beare his owne burthen and that every man ought by his owne innocencie to purge himselfe bee other mens offences never so great or seeme his owne in his owne eyes never so small But we have therefore balanced the toleration of scandalous and vnlearned ministers with the molestation of learned and godly Ministers to the end your Lordshippes vnderstanding the number of sinnes and impieties every where daily abounding by the multitude of the former and the scarcitie of godlines in every place to be seene by the pa●citie of the later your Lordshippes by your wisedomes might foresee and by your authorities prevent that pestilent contagion of ignorance of Gods revealed will which by this preposterous sufferance of the one violent progresse against the other is ready to infect the whole Church and by consequence to lay wast the common weale as a pray to the popish faction For is there not by this me●nes a way prepared and made ready for the greatest part of the people to revolt from the Gospell to poperie and so from their naturall and Christian Lord and King to a forein antichristian Pope For let the booke of God be once sealed vp from the people in English as in time of poperie it was sealed vp vnto our fathers in Latine and let the people by example of the wicked scandalous life of Ministers be drawne along in their owne naturall corruption who will not be ready to assist every Iesuite Seminarie whē he shal preach poperie the very mistris and mother of all corruption rebellion The wearing of a whit Surplice and the feyned making of an ayrie crosse in Baptisme how litle the popish faction by the same wil be quieted and kept in awe the late outragious starting out in Wales and their madd combynings in other places may be a good caveat for your Lordshippes to consider whether their driftes bee not rather to enterprise a more publike disturbance then to continew them selves within the listes of that obedience wherevnto they were constreyned in the raigne of our late Soveraigne of blessed memorie Queene Elizabeth Your Lordships therefore could not but performe a most acceptable service first vnto God and his Church secondly vnto the King his Realme if your Lordships would be pleased to bee petitioners vnto his Maiestie that by his Regale and Supreame power there might bee an healing of the former errour and vncharitablenes of the Diocesans and other ordinaries For it can not be denied but that by their manner of proceedings they haue sinned against God in this that they have aequaled nay rather in some things preferred their owne Canons Decrees before the commaundement of God And therfore it cannot be but that they have herein as much as in them lay provoked the wrath of God against the King and his whole Realme if by the Kings zeale this their so grosse a sinne be not reformed My Lordes we are well advised what we speake herein before your Lordships for we speake nothing but what we prove thus Whosoever for not wearing a Surplice or for not crossing in Baptisme suspendeth or depriveth a Preaching Minister otherwise vnreproveable for life and doctrine and not suspendeth nor depriveth but tolerateth an vnpreaching minister scandalous in life ignorant of doctrine the same person preferreth in this thing the observation of his owne Canon and Decree before the commandement of God But some Diocesans and ordinaries for not wearing a surplice for not making a crosse in Baptisme do suspend and deprive preaching Ministers otherwise vnreprovable for life and doctrine and yet doe neither suspend nor deprive but tolerate vnpreaching ministers scandalous in life and ignorant of doctrine Therefore some Diocesans and Ordinaries in this thing preferre the observation of their owne canons and decrees before the commandement of God We could heape argument vpon argument vnanswerable to this purpose but we should then passe the boundes of an epistle and become over tedious vnto your Lordshippes Only therefore we most humbly beseech your Lordships in the behalfe of the faithful Ministers of Christ with patience to heare thus much viz. that for their dissenting in matter of ceremonie from the Diocesans they ought no more by the Diocesans to be traduced for factious sectaries or seditious scismatickes then the Diocesans them selves ought to be traduced for such maner persons by their owne dissenting from the Cardinals and Popes of Rome For there being as litle difference betweene a sect and a scisme as there is betwene a besome a broome there being also as smal oddes betweene faction and sedition as betweene an edifice and a building it followeth the Ministers dissenting from the Diocesans of England or the same Diocesans dissenting from the Cardinalls and Popes of Rome if neither of them be seditious scismatickes that neither of them can be factious sectaries When Paule was accused by Tertullus that he was found a pestilent fellow and a moover of sedition among all the Iewes thorough all the world the Apostle answered that they neither found him in the temple disputing with any man neither making vproare among the people neither in the Synagogues nor in the Citie Art not thou saith the chief Captaine speaking to Paule the Egyptian who before these dayes raysed a sedition and led out into the wildernes foure thousand men that were murtherers By which places it appeareth that a seditious or factious person by the holy scriptures is adiudged to be such a kind of person as who boasting himselfe rayseth leadeth or draweth away much people after him and vnto whom much people resort and obey yea and by the civile law not every one that omitteth some duetie commanded but such a one as gathereth people together or stirreth thē to make a tumult and shall drawe him selfe and his followers to some place of safetie to defende him selfe and them against an evident commandement and publike discipline only such a man I say by the civile lawe is to be punished as a seditious factious person For these kind of mē only are properly said seorsum ire partes facere Seditio then being quasi seorsum itio and faction quasi partium factio yea a sect also being sic dicta quia fit quasi sectio vel divisio and a scisme being illicita divisio per inobedientiam ab vnitate Ecclesiae facta vel illicita di●cessio eorum inter quos vnitas esse debet it followeth that whosoever by inobedience or tumultuouslie goeth not a part or maketh not a part from the vnitie of the Church but either in doing or suffering quietly submitteth him self to the lawes that he can neither be factious sectarie nor seditious scismaticke And indeed my Lords from hence is it that the Diocesans and whole Clergie of England ever since they made a separation from the vnitie of the Church of Rome have falslie bene named and reputed sectaries scismatickes as though they

provided to bee worne the Surplice may not be worne For the better manifestation whereof it is necessary that we set downe the wordes of the Statute of the parish booke and of the booke of the second of K. Edw. the sixth vnto which booke of king Edward for the vse of ornaments the Ministers be referred both by the parish booke statute of 1. Eliza. c. 2. the wordes of which statute are these Provided alwayes and be it enacted That such ornamentes of the Church and of the Ministers shall be retayned and be in vse as was in the church of England by authoritie of Parliament in the second yeare of the raigne of King Edward the 6. vntill other order shal be therein taken by authoritie of the Queenes Matestie with the advise of her Commissioners appointed and authorised vnder the great seale of England for causes Ecclesiasticall or of the Metropolitane of this Realme Thus farre the statute the wordes of the parish booke follow It is to be noted that the Minister at the time of the Communion and other times in his ministration shall vse such ornamentes in the Church as were in vse by authoritie of Parliament in the second yeare of King Edw. the sixth according to the act of Parliament in that case enacted and provided The wordes of which booke of the second of King Edward are these Vpon the day and at the time appointed for the ministration of the holy Communion the Priest that shall execute the holy ministerie shall put vpon him the vesture appointed for that ministration that is to say A white Albe playne with a vestiment or cope Afterward it is said thus Vpon Wensdayes and Fridayes the English Letany shal be said or song c. And though there he none to communicate with the Priest yet those dayes after the Let any ended the Priest shall put vpon him a playne Albe or Surplice with a Cope and say all things at the Altar c. From all which places it is plaine First that no Minister at any time vpon Wensdayes and Fridayes after the Letany ended was bound simplie to weare a surplice at the Altare for it was in his choyse to put vpon him a playne Albe or Surplice with a Cope Secondly that no Priest vpon the day and at the time appointed for the Ministration of the holy communion might put vpon him a Surplice but only a white Albe playne with a vestiment or Cope Thirdly that no Minister vpon Wensdayes and Fridayes when hee read the Letany did weare or was bound to weare an Albe or Surplice and Cope For it had bene in vayne and a thing ridiculouse for the booke to have willed the Minister after the Letany ended to put vpon him those ornamentes if in the time of reading the Letany hee had had them vpon his backe Fourthly that no minister at or in any of the times services aforesaid is bound to put vpō him a Surplice vnlesse therewithall he weare a Cope For the vse of ornamentes ought to be according to the act of Parliament And therefore where no Cope there by the act no Surplice where no Altar to goo vnto after the Letany ended there no Surplice to be put on after the Letany where a Communion with a white Albe plaine a vestiment or Cope there a cōmunion without a Surplice There is yet one other speciall observation before touched though for an other purpose worthy to be reiterated in this place against the vse of the Surplice at the communion reading the Letany and saying prayers at the Altar And that is this Namely for that as well the Statute 1. Eliza. as the parish booke hath revived and commaunded the vse of those ornamentes according to the Act of Parliament 2. Edw. 6. which were repealed and forbidden by the booke of the 5. and 6. of King Edward the sixth It is to be noted saith the booke of 5. and 6. of King Edw. 6. That the Minister at the time of the communion and all other times in his ministration shall vse neither Albe vestiment nor Cope but being an Archbishop or Bishop he shall have and weare a Rochet and being a Priest or Deacon he shall have and weare a Surplice only And here it is to be noted sayeth the parish booke that the Minister at the time of the communion and at all other tymes in his ministration shall vse such ornamentes in the church as were in vse by Authoritie of Parliament in the 2. yeare of the reigne of King Edw. the 6. according to the Act of Parliament in that case made and provided which were as the booke of K. Edw. saith an Albe with a vestiment or Cope at the communion and an Albe or Surplice with a Cope vpon Wensdayes and Fridayes after the Letany ended But by the Provinciall constitutions ratified and confirmed by Act of Parliament the parishioners are enioyned at their costes and charges to provide a Surplice and in vayne were this charge layde vpon them if so be the Minister were not bound by the law to weare it It is true and can not be denied that all parishioners are enioyned and that every Masse-priest is bound by the Provincials the one sorte to provide the other to weare a Surplice for and at the celebration of the Masse and for and in the vse of other popish services The reason of the vse of which Surplice by the popish Glosers and Provincials is yeelded to be this That the Priest must be clothed with white to signifie his innocencie and puritie and also ob reverentiam Salvatoris nostri totius caelestis curiae quam sacramento altaris consiciendo confecto non est dubium interesse But how doeth it follow either from the provincall or reason of the provinciall that a Minister of the Gospell is bound by the provinciall to weare a Surplice at the ministration of the word and Sacraments of the Gospell when the doctrine and service of the Gospell is contrarie and repugnant to the service and doctrine of the Masse And when by the statute the Provinciall is not to be vsed and executed but as it was vsed and executed before the making of the statute which was Anno 25. of King Henry the eight at what time the service of the Masse called the Sacrament of the Altar was only in request A Minister therefore of the Gospell by the Provinciall is no more bound to weare a surplice then by the Provincials other lawes of the Realme he is bound to say a Masse For the Provinciall appointeth a surplice to bee worne at the Masse and other idolatrous services all which services and which Masse as being blasphemous to the sacrifice of our Saviour Christ once made vpon the crosse repugnant to the holy worship of God is abrogated by the lawes of the Realme Now then it were to bee wished that all states were given to vnderstand by what equitie law or good conscience

or in any other Court by other of the Kings Iustices would our lawes freecustomes of the Realme think you iustifie that the spirituall person enioyning still his spiritual function might in this case be mulcted with the losse of his benefice and yet the tēporal person not to be punishable by the losse of his freehold The examples produced by you relieve no whit at all your case nay rather they stand on our side and make good our part For how long soever the Maister of the Rolles and Warden of the Fleete doe enioy their offices for so long time by your owne collection they ought to enioy their Freeholdes annexed to their offices yea and you assume in effect that they may not lawfully for contempt or any other cause be disseised of their freeholds so long as they be possessed of their offices Now then if from the identity of reason you would conclude that a Parson or Vicare for contempt lawfully deposed from his ministeriall function should in like maner lawfully loose his freehold annexed to his office as the Maister of the Rolles and Warden of the Fleete put from their offices should loose theirs we would not much have gainsaid your assertion For we hold it vnreasonable that a Parson or Vicar deposed from his ministeriall function should enioy that freehold or maintenance which is provided for him that must succeed in his ministerial charge But then your assertion would make nothing against vs. For so you must prove that your officers for contempt only may lawfully be put from their freeholds annexed to their offices and yet notwithstanding remaine the same officers still And then indeed frō some parity or semblance of reason you might have inferred that a Parson or Vicare for cōtempt deprived of his free hold annexed to his function might notwithstanding such cōtempt enioy his ministeriall function still But to dispute after this sort were idlely to dispute not to dispute ad idem For how doth this follow The Kings officer if for contempt he be displaced from his office can not withall but be displaced from his freehold which ioyntly with his office and in regard of his office he possessed Therfore a Parson or Vicare for contempt may lawfully be deprived from his benefice or freehold annexed to his ministeriall function and yet notwithstanding enioy his ministeriall function still And this is the maine point generall case for the most part of all the Ministers which at this day for contempt stand deprived For among all the sentences pronounced for contempt there is scarce one to be foūd which deposeth a Parson or Vicare from his ministerial office but onlie which depriveth him from his Church Parsonadge or Vicaradge Whereby the vnreasonablenes of certeine ordinaries in their processe of deprivatiōs become so much the more vnreasonable by how much more vnreasonable it seemeth to be that any publicke officer should lawfully be continued in his publicke office and yet not be suffered to enioy any publick meanes to mainteine the same his office And thus much have we replied vnto your answere made vnto our pleadings that by the lawes and freecustomes of the Realme a Parson or Vicar being a freeman of the Realme may not for cōtempt vnto his ordinaries admonitiō be deprived from his freehold if so be you grant that he may enioy his ministerial function still As touching the lawes of the church it hath ben already sufficiently demonstrated that there is then no contempt at all committed against an admonition whē the partie admonished can alleadge any iust or reasonable cause of his not yeelding to his admonisher And if no contempt in such case be made then no deprivatiō from a benefice or deposition from the ministerie in such case ought to follow Considerations against subscription to the booke of the forme and maner of making and consecrating Bishops Priests and Deacons WHat the reason or cause should be that subscription vnto this booke of consecration ordination of Bishops Priests and Deacons hath bene of l●te yeares so hotly and egerly pursued by the Lords of the Clergie is a misterie perhaps not of many of the laytie well vnderstood And how soever vnder colour of the maintenance of obedience to the statute of the Realme whereby this booke is confirmed the same subscription may seeme to be pressed nevertheles if the maine drift and reason of this pressure were well boulted out it is to be feared that not only the vnlawful supremacie of an Archbishop is sought to be advāced above the lawfull supremacie of our Soverayne Lord King Iames but also that the Synodals Canons and Constitutions made by the Clergie in their convocation are intended if not to be preferred above yet at leastwise to be made equall to the common law and statutes of the Realme By the ancient lawes and customes of the Realme one parcell of the Kings iurisdiction and imperiall Crowne hath evermore consisted in graunting ecclesiasticall iurisdiction vnto Archbishops Bishops and other Prelats For the maintenance of wich imperiall iurisdiction and power against the vsurped supremacie of the Bishop of Rome divers statutes not introductorie of new law but declaratorie of the old in the time of King Henry the eight King Edward the sixth and of our late most Noble Queene deceased have bene made and enacted Yea and in a book entituled The Institution of a Christian man composed by Thomas Archbishop of Canterburie Edward Archbishop of Yorke all the Bishops divers Archdeacons Prelates of the Realme that then were dedicated also by them to King Henry the eight it is confessed and acknowledged that the nomination presentation of the Bishopricks apperteyned vnto the kings of this Realme And that it was and ●halbe lawfull to Kinges and Princes and their Successors with consent of their Parliaments to revoke and call againe into their owne handes or otherwise to restreine all the power and iurisdiction which was given and assigned vnto Priests Bishops by the lycence consent sufferance and authoritie of the same Kings and Princes and not by authoritie of God and his Gospell whensoever they shall have grounds and causes so to doe as shal be necessarie wholesome and expedient for the Realmes the repressing of vice the increase of Christian faith and religion Ever since which time vntill of late yeares the late Archbishops of Canterbury with the counsel of his colledge of Bishops altered that his opinion which some times in his answere made to the admonition to the Parliament he held it was generally and publickely maintained that the state power and iurisdiction of Provinciall and Diocesan Bishops in England stood not by any Divine right but meerly and altogether by humaine policie and ordinance alone And that therefore according to the first and best opinion and iudgment of the said Archbishops Bishops c. the same their iurisdiction might be taken away and altered at the will and pleasure of the kings of England when