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A13767 A triple antidote, against certaine very common scandals of this time which, like infections and epidemicall diseases, haue generally annoyed most sorts of people amongst vs, poisoned also not a few, and diuers waies plagued and afflicted the whole state. / By Iohn Tichborne, Doctor of Diuinity, and sometimes fellow of Trinity Colledge in Cambridge.. Tichborne, John, d. 1638. 1609 (1609) STC 24064; ESTC S118413 94,709 132

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giueth sometimes to priuate mens admonishments and exhortations saying thereupon cohortatoriè as Luther obserueth him and the other learned fathers to speake many times Ligasti aut soluisti fratrem yet is this no whit of this nature and kind whereof we intreat this being an exhortation or counsell and a common worke of charity belonging to all Christians the other a iudgement or a solemne and peculiar iudiciall proceeding performed alwayes by Gods ministers onely and lieutenants in this behalfe wherein God deales by them as a King doth by his Iudges and other immediate officers for any state occasion wherein although many haue skill and can giue counsell and aducie yet are no charters quoadius as wee say pardons or iudgements whatsoeuer of validity and force to carry or confirme any thing for or against any except they be pronounced or otherwise sealed and warranted by those who are called and designed to represent and supply the Kings place and person in any of the same And thus much briefly of this first kinde of excommunication which respecteth indifferently all kindes of people that haue soules to be saued and may yea ought to be exercised in all places where any true minister is found albeit there be no order or power established according to the nature of a visible Church or other ordered gouernment whatsoeuer For so is the nature of the other excommunication which wee made to be from the visible Church wherein alwayes is required some company liuing vnder forme of outward gouernment by which lawes may be made and enacted for this or at the least some other kinde of separation from the same for so Saint Paul speaketh of a company to be gathered together as from which that incestuous person was to be remoued by his owne censure which also may appeare by all other such separations which euer haue beene read of or are as yet practised in the world wherein by some kind of power established amongst some company liuing vnder gouernement be it of one kind or other certaine persons haue beene excluded oftentimes according to the discretion of the gouernours thereof from the face and fellowship of some visible Church Which also according to the causes and diuers kinds of operation and proceeding by or against any this kinde of excommunication must againe be diuided into that which by violence without cause and against all order and reason is oftentimes denounced and that which vpon iust cause or by some kinde of order at the least is commenced and executed for the separation of any from the visible Church the first whereof may be called excommunicatio violentiae such as were exercised by Tyrants against many a true member both of the visible and inuisible Church the other not vnfitl termed excommunicatio ordinis in which by some orderly proceeding and vnder some course of Lawe and constitutions iust or vniust any are remoued from any such company and priuiledges belonging thereunto which also being as all iudgements are as the Schooles distinguish them vsurped or defiled and tainted with some in iustice and wrong or els direct and regulated according to trueth and equity so likewise is this excommunicatio ordinis whereby good Ieremie and our Sauiour Christ himselfe Iohn 7. were by such orders as those times did afford Abstentes as the word in Ieremie importeth and debarred at the least from many priuiledges of that Church and time as the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 may by Erastus his own acception or any others signifie as well as that incestuous person most iustlie by Paul from the company and priuiledges of the Church of Corinth But to tye our selues to that excommunication which by good order and vpon iust and necessary cause is alwayes awarded resting in the hands power of euery true Church and company gathered together in the name of Christ to professe his name and seruice that also hath it differences and distinctions for so by the Schooles and Kanons many such haue beene inuented whereof that of excommunicatio maior minor the greater and the lesse may very well fit our purpose According to the vse of this greate censure by all Christian Churches in the world Which vpon the assistance at the last of Christian magistracy and by their owne speciall decrees and constitutions thereabout haue extended the power of this censure to the debarring of those that are separated thereby from many common priuiledges whereof the ciuill estate maketh them otherwise partakers as appeareth by many ciuil constitutions and statute Lawes in force at this present amongst vs de excommunicato capiendo and such like to that purpose For which cause this excommunication by order as we haue termed it for the better setting downe the true nature of it must once againe be diuided into that which is meerly ecclesiasticall as proceeding onely and wholly from that power of the keyes which are giuen to the Church for the ruling and sauing of soules or els into that which is ciuill abusiuely so called and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as we say or lastly partly ecclesiastical and partly ciuill according to which are most proceedings therein for the outward gouernement of any Church at this day That which is called ecclesiasticall is so wholly estated in the persons of Church gouernours as that if there were no ciuill Magistrate in the world yet would and ought they to claime and shew their authority and power if according to the true ends and vses thereof hereafter more particularly to be set downe the Church shall iudge it fit or necessary so to be awarded Author of late assertions for Church Discipline And no ciuill power hath any more to doe with it then as the latest exceptor and pleader himselfe against many things therein confesseth and proueth by the authority of Bishop Horne and Doctor Bilson both reuerend fathers of one Sea in our Church it hath to doe with making ministers consecrating Churches immediate making of Church Canons for doctrine cases of cōscience administration of the word and Sacraments and such like In the prefaces to certaine Iniunctions made in Henry 8. and Elizabeth their raignes which some princes of this kingdome and all other wisely possessed with the trueth of these matters haue euermore disclaimed Howbeit for the other which concerne first the bodies and outward estates and condition whatsoeuer of any and secondarily and consequently the soule and inward man and so also respect for the most part the outward peace of the common state both ecclesiasticall and ciuill they all must haue their consideration determination and proper place accordingly as proceeding first from ciuill power may be intended or remitted continued suspended or changed and sometimes exercised or inhibited by ciuill magistrates soueraigne or subordinate Of which sort I make all temporall punishments commutation of pennance outward shame and all other bodily afflictions whereof notwithstanding that of being giuen ouer to Satan some haue made one Erastus out of some
array both preached the word and administred the Sacrament in those riding habites booted and spurd all vgly and spattred saying that all other fit behauiours were but ceremonies And I maruaile what warrant these men haue for their Turkish gowns prety kinds of ruffes and such like many which we no way condemne more then we haue for the Surplise and Crosse and other ceremonies there being as much for this first argument and many other that follow to be said against them as against these except only they are therefore lesse warrantable because they are commanded by the Magistrate and Christian magistrate also either whereof make them from being indifferent altogether necessary The second reason to prooue them simply wicked is in briefe thus much that because they are outward formes deuised by mā to vse of religion they are flatly against the second commandement being indeed such as in their kind are worshipped or at the least made means of worship as they say and included in that cōdemning word in the second commandement Thou shalt not worship them c as whereby all vse of religion is signified and things vsed therein inuented by man whatsoeuer For answer whereunto we haue alreadie aboue shewed what is forbidden according to the true meaning and scope of the word worship or the second commandement and word of God in generall Where first it is to be noted that no other outward formes howsoeuer deuised by man to any vse whatsoeuer are any farther forbidden therein then as they are inuented or any way vsed to represent the incomprehensible God or any person of the Trinity for their better conceiuing of them or worshipping of them thereby or els secondly to be any meanes of the same nature with the word Sacrament and such like wherby to worship and please God c. for which God will certainly according to his word and promise blesse the vsers thereof Now God forbid that our Crosse or any other ceremonies should haue any such vse intent or meaning in them but only as we said before at the most to stir guide and direct vs and our weaknesse beyond which I meane our selues they haue no vse or consideration at all toward religion to the more zealous feruent decent and orderly performing any of our obsequies and seruices to God And so to grant that by the word to worship all religious seruice is meant which notwithstanding is wholly contained in the first commandement yet doth it no way touch this Crosse which hath no such religious vse in it or any way allowed to be exercised and performed in any kind or least degree by it but only to be a memoratiue signe vnto vs to helpe our weaknesse and a manifest and worthy argument to others especially Christ his enemies how wee are not ashamed of this his badge and cognisance In the Canons so termed and accounted not vnfitlie of vs that vse it and hath not any reference at al to God either to expresse him by or any of the persōs in Trinity or to worship him therein as any meanes thereof which are the things that are only forbidden and condemned in the second commandement and not against the helpes of nature and art to supply mans wants and weaknesse in dealing with God in respect of any duety to be performed by him which in all ages had been and must needs be inuēted and appointed for the decēt orderly and more powerfull and liuely performing any duty to God or man The third reason to shew it most wicked is because the thing it selfe is worshipped and so is Idolatrous as some except or at the least the vse of it and other ceremonies as the best studied of them haue obiected is diuine worship Which if it be true both are flatly against the first commaundement in the highest degree which forbiddeth any thing to be worshipped but the onely true God and all kinds parts and manners of worship inward or outward to be giuen to any but to him only and so also against the second commandement inhibiting and condemning all kinds and meanes of worship but such as himselfe shall appoint and allow whereof the Crosse and all such ceremonies we al confesse are none But to answer this argument if the first were true I durst confidently say we had no true Church at all or at the least any sound but a most sicke one vt Morneus de Romana that shold maintaine by doctrine and practise such damnable Idolatry In his counsels and godly Letters which was euer the cause of diuorce betwixt God and his old people I meane for GOD his giuing them ouer to strange iudgements as Master Greenham that godly and wise man well obserued And it is a wonder as our wise Soueraigne of late answered some of them that hauing such an opinion of our Church and ceremonies they should endure to stay so long in it And for the second we flatly deny the vse of the Crosse or any other to be in any sence diuine worship or any part of it yea or so much as any way properly belonging to the essence and nature of it or necessarily required to it or in it as if either the doing of it were a thing or action proceeding from vs pleasing or honoring God withall or so much as any signe vsed by vs to testifie any part of our worship to God or to declare the same thereby vnto men For then indeede it were meere will-worship and such as for which God would rather many waies curse vs then blesse vs at all as Esay 1. and 2. Colossi Nay we make it not so much as the least meanes of God his worship which were certainly euill and forbidden by the second commandement And whereas it is further obiected to this argument that these ceremonies are therefore diuine worship because the legall ceremonies were diuine worship being euery way of the same nature I answer first that no Diuinity can make it good that any ceremony legall or Euangelicall neuer so much cōmanded is in any sense to be called worship or allowed for any part of it both which belong to the first commandement all worship being some kind of action inward or outward from the inferior to the superior whereas the ceremonies of the Law it selfe are cleane of another nature being at the most none other then meanes or rather helpes appointed by God for those times for the more easie seruing of him and keeping that stubborne people vnder the yoake of that pedagogy when the Church was yet in her infancy and so the true consideration of them their nature and vse is vnder the second commandement Secondly we answer that the legall ceremonies and those wee speake of differ as farre as the two Sacraments of the Gospell from all other holy signes and representations of holy things for as the word of commandement and promise maketh them Sacraments as Augustine saith well and so meanes of Gods worship and certaine good things
as Esay 42. ver 21. if men also would do their parts at all wants And assaies most readily to affoord and indeed now is the time spoken of by the Prophet Psal 119. ver 126. for the Lord to put to his hand for men haue destroied and euen with plague and pestilence as the Septuagints render it wasted and adnulled his Lawe and all the meanes for the magnifying and exalting the same as the Prophet Esay complaineth in the place aboue named Howbeit because purging medicines especially of the highest kind and degree such as Excommunication hath proportion vnto are very seldome and with greatest care to be vsed it hath been the iudgement and resolue of our late graue Diuines and very worthy and wise gouernours especially of that thrice reuerend Whitgift that considering these late turbulent times very little or nothing at all should be spoken or written touching the true nature power vse and necessity of that great and high censure But now that it hath pleased God by the eye and care of our most noble Soueraigne to appoint a couragious prudent Alexander in the place and roome of that renowned Philip for his wisedome meeknesse and sweet moderation of all things belonging to Ecclesiasticall affayres whilst he sate at that stearne and hath withall enlarged somewhat his vergee power by putting the garments of Aaron as Exod. 28. vers 2. vpon his shoulders and committing the golden rodde as well as the pot of Manna and tables of the Lawe to his speciall custody I holde it high time for all sorts of persons and especially of our owne tribe to vse all good meanes for the repayring the manifold breaches irruptions and depopulations before mentioned and the giuing and bringing vpon Ierusalem beauty in stead of ashes the oyle of ioy for mourning and the garment of gladnesse for the spirit of heauinesse as was prophecied and promised by the prophet Esay 61. vers 3. to come to passe in these dayes of the Gospell and greatest grace and would no doubt but for the great abuse contempt and neglect of both be fully effected and accomplished In which respect if all meanes were summed vp together I presume none would be found so excellently vsefull and absolutely necessay as Excommunication Subscription which therefore I haue placed in the forefront the one containing in it and requiring by it a iust power to be inuested in the sacred ministery for the establishing all due meanes for the soules health and recouering the same once lost or decayed the other prouiding a constant vniforme and certaine course and order for the executing and obseruing most precisely euery the least thing once enacted and so appointed as without which indeed it is impossible any where to vphold a comfortable ministery or that the Magistrate should be able to retaine any meanes in any for me or due tenor for Gods seruice or the common peace iustice and equity amongst men for want also whereof any may perceiue how little profit hath been made of so long and much preaching in this kingdome arising chiefly from so many differences new inuentions and extrauagant courses as well in preaching as in infinite strange opinions and vnheard of new and vaine doctrines broached and scattered in euery country Church corner insomuch as I may too too truely say the cause of so litle religion in the world is for that there hath been of late now also is so much religion I meane so much padling and medling in it and so many kinds and meanes vnrepressed and not so seuerely proceeded or seriously prouided against of euery mās deuice to expresse it And which is treason to attempt in state affayres once appointed by men is now admired and magnified and not only admitted or at the least wise permitted and winked at in Gods matters which a good writer seeing and foreseeing complayned of long sithēce in this manner Ratinnculis sermonibus de religione sillogisticis inhiant iam omnes etiam ex ima plebe tanquam he●bis pascuis armenta with many other such like words and matter to that purpose the summe sence whereof is according to our former inference that whilst euery one is bold and taketh liberty to himselfe to dispute and dispose of Religion in generall and the highest and chiefest points thereof it is come to passe that they haue in them no true or sound religion at all 2. Tim. 3. vers 5. with 1. Tim. 4. vers 1. but to end as we began with Saint Paul his prophesie most make a shew of godlinesse but deny the power thereof and to become flat Apostates at the lest to deny the faith that is all true Religion the Church God and all For my part In Epist res pons ad Augu. albeit I could wish according to the old word Da mihi medicum canum canillis that as Hierome told Augustine all mens endeuours in this kind were like the steps of the weried Ox that fastneth sure footing wheresoeuer he goeth yet obseruing as Camerarius doth the like in the practise of Herodotus and Theucidides In his notes vpon Theucidides how yong vpstarts and Emperick mountebankes are too bold aduenturous to offer their drugs in this behalfe I meane much loose old and disguised stuffe without new matter or better forme and order both which or at the least the latter ought to be discerned in euery new work and that euen at the games of Olympus and how withall our auncients for dayes as Elihu termeth them who indeede should speake by word and writing to this cause doe sit still in that their politique resolue vpon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or like Ruben Iudg. 5. vers 16. are content to abide all their liues priuate by their sheepfolds notwithstanding the much bleating of their owne and other flocks the indignation of the matter on both sides hath drawne and enforced me to this second aduenture and to say with Elihu Who can in such a cause refraine from speaking and writing also especially in the behalfe of Excommunication and Subscription whose reproch redounding so to God and his Church I haue so often heard and for which happely some may say and I must needs acknowledge my selfe haue payed so decre and can yet be c nten and will be most willing to be more vile as he said yea if it could be so purchased with name liuing and life it selfe to redeem the great good and consequence of them both to the present state of our Church to wh ch I haue adressed and after my manner prepared this poor Antidote desiring GOD that it may sort to none other euent end then I aymed at propounded to my selfe in the former which is and euer shall be partly to stir vp others of greater ability to some better seruice in this kynd as also to cause much other of th kind and quality spent already and truely meant that way to be reuiued againe and by this meanes if
put out as Bellarmine p. 78. l. 2. for facts r. fasts p. 81. l. 35. for Antichrist r. Antichrists p 84. l. 35. for conscience of some r. conscience of sinne p. 85. l. 18. put out not in the title of the Chap. p. 96. l. 34. for tollerent reade tolerent A TRIPLE ANTIDOTE AGAINST CERtaine very common Scandalles of this time which like infectious and epidemicall diseases haue generally annoyed most sorts of people amongst vs poisoned also not a fewe and diuers wayes plagued and afflicted the whole State CHAP. I. Containing the names natures and manifold kinds and differences of Excommunication EXcommunication beeing the highest censure of all Ecclesiasticall power from which the other two of Subscription and the Crosse with all such decent and profitable ceremonies doe naturally arise and the lawfulnes and necessity of these latter depending for the most part vpon the former I haue placed the same in the forefront as it were of those many battels and encounters which by all kind of people almost in this complayning and murmuring age haue beene made against them all but especially against the trueth power and vse of excommunication Which according to the name and nature thereof I haue first of all endeuoured to define after this manner Namely as the word expoundeth it selfe Excommunication in the most generall sense and acception thereof is nothing els but a separation from some common benefite of which any formerly haue beene Excommunicatio a communi bono separatio or otherwise might haue been partakers which is the common receiued definition by the Schooles and Canons Which being somewhat too generall for our purpose after certaine diuisions of these larger termes wee hope at the length to comprise the full summe and substance thereof in as short a compasse as so great a matter may be These common benefites and priuiledges therefore enioyed in this life being either Ecclesiasticall or Ciuill this terme of Excommunication hath beene alwaies by all sufficient writers restrained to those speciall graces and fauours which belong properly to the Church and so this censure is to be defined accordingly to be a debarring and separation from the Church which also being either visible or inuisible the trueth and nature of this excommunication must be in like manner examined and distinguished to be a separation from the visible or inuisible Church Of which distinction sundry reasons may be giuen which briefly may be comprised in these two positions from which many more particulars may easily be collected first that the knowledge order and proceeding in either of these kindes are very much differing both in respect of the persons censuring accusing or offending as also of the defaults and punishments thereunto belonging the one being alwaies certaine after one manner because God as Augustine well obserueth who is the high Iudge in that priuy Court doth see all things euermore as they are and iudgeth accordingly by his present mercy and present iustice taking all actions and persons as he findeth them and so his word and ministry thereof with all other meanes belonging to this Excommunication proceed by the same order and degree the other very variable from the visible Church and vncertaine Primo secundum praescientiam 2. Causam 3. Operationem 4. retributionem sol 2047. taking knowledge and giuing order for personall causes according to particular allegations and proofes as they say which Hugo de sanct in his booke de Sacramentis legis naturalis scriptae doeth more largely expresse making foure kindes of iudgements Secondly because one and the selfe same person may be admitted and allowed for a communicant in the one which happily hath no interest nor fellowship in the other and so contrarily the same persons may by course and order of lawes and proceeding in some cases be remoued from some part of the visible Church which keepe their place firme and sure in the inuisible as 1. Timothy Chap. 5. verse 24. and 2. Samuel Chap. 16. verse 7. is plainely auouched that God seeth not as man seeth and that some mens sinnes goe before vnto iudgement and some follow after Now this Excommunication from the inuisible Church is onely infallibly known and exercised by God who alone knoweth who are his 2. Tim. chap. 2. vers 19. And how at all times euery one standeth or falleth to himselfe the great master of all Rom. 14. vers 4. yet hath hee appointed certaine persons to whome a speciall commission is directed to proceede in this inward and high Court of conscience and by which speciall meanes as by certaine signes and best coniectures the knowledge of euery one his estate and freeholde as it were in the inuisible Church and true fellowship with God and his Saints may be discerned which meanes the learned haue called voluntatem signi being indeed signa voluntatis subordinate to that infallible prescience and predestination of God by which together with these signes and meanes which for that end are prepared and appointed by God all are deliuered from their miserable estate and fellowship with the diuell and Church malignant and receiued into this inuisible Church and company whosoeuer they are that are at any time so receiued as Saint Augustine in many places learnedly sheweth which signes and meanes specified in the word of God and commonly called and vnderstood by those generall graces of faith and repentance being found in any or testified by any outward signes to those Commissaries of God as I may so terme them aboue named so farre as they can or ought to iudge according to their rites of commission and proceeding to be in any or otherwise to be wanting so are they iudged and allowed for meete partakers and communicantes with that heauenly society being qualified thereunto by the former graces or els to be wholly vnworthy and out of the same and so being admitted or excluded by these stewards Gods ministers whome God hath appointed and none other as shall be shewed hereafter to deale in that high Court of his or pronounced priuately or more openly so to be whatsoeuer they shall doe in that behalfe according to the tenour of their commission and order of their court roules which is the truth and scope of holy scriptures shall be ratified and confirmed in heauen both for the pardon of sinne which is the kingdom of grace in this life Ioh. 20. vers 23. and the full state of glory for euer in heauen Mat. 16. vers 19. In regard whereof this excommunication from the inuisible Church so farre foorth as it may be awarded or any way iudicially proceeded in by man Definitio excommunicationis ab inuisibili ecclesia may thus be described to bee that part of the power of the keyes whereby vpon the signes and euidences of infidelity heresie irrepentance or such like euery true minister doth pronounce any to be in the state of Gods wrath and out of the fellowship and communion of Saints Which power albeit Saint Augustine
of the fathers albeit belonging to the Church power alwayes in such cases and that in the highest degree wherein through the affliction of the flesh in any kinde meanes may better be procured and applied for the sauing of the soule in the day of the Lord Iesus 1. ad Corin. Cap. 5. v. 5. The difference and true distinction whereof may appeare by these speciall notes first that Ecclesiasticall excommunication and all things concurring thereunto so farre foorth as they are meerly ecclesiasticall concerne the soule and the meanes to recouer any secure or desperate sinner and withall to preserue any other or the whole Church from any further annoyance spirituall infection or any kind of preiudice thereby but the other respect first the body and outward man and afterward happily are made profitable and appliable to the soules of any Secondly that which we call for better order and instruction sake ciuill haue their ground and originall whatsoeuer they are from the other power which is called ciuill magistracy as the other touching the soule the inward and spirituall seruice of God the peace of conscience and such like belonging vnto this censure proceede from the rites and investitures of that other order called priesthood power of keyes ecclesiasticall magistracy or what els besides it be called swaruing not from the trueth of the matter it selfe which for it part must alwayes doe that which belongeth thereunto in this and all other offices although there were no Christian Magistrate in the world and doth also exercise the same according as they see it most fit and correspondent to the ends aboue named in all places where the foote of violence from any part of the secular power incombreth not but rather as they ought to kisse the Sunne in that one sense and behalfe protest and maintaine the rights power and priuiledges of the same Thirdly those proceedings herein which are meerly ciuil or mixt sometimes of both according to their seuerall ends authors and originals doe principally and for the most part respect the common policy of the whole State and that which is Ciuil as well and more particulary many times as that which is Ecclesiasticall albeit they ought to agree in all things together as Hippocrates his Twinnes All which might be shewed in the manifold particulars which in the vse of this censure haue been added partly by the ciuill Magistrate and further inuented by the immediate Gouernours vnder the allowance of the chiefe magistrate of seuerall Churches for the better strengthning and more orderly and profitable executing this or any other censure which any iudicious reader may referre euery one as they are not vnknown by reason of their common practise in the world to their proper place and one of those three heads of this our last diuision To which I desire this one thing to be adioyned before I come to the more particular definition of this Excommunication namely that albeit this censure doth properly and euermore of right belong to the power of the Church and immediate gouernment of soules yet can no such power exercise any part of outward gouernment or more publique administration whatsoeuer within the territories and dominions of any ciuill magistracy without the speciall good allowance or indulgence at the least of the chiefe magistrate there which in all places of setled and well ordered gouernment appertaineth to the ciuill power which God in the example and type of Iudah among the tribes hath made the onely lawe-giuer Insomuch as no due execution of any other their owne most proper proceedings can bee well performed without their helpe and assistance which caused the due vse of this censure to be so rarely and indeed weakly exercised in the primitiue Church and many other Churches of later times before ciuil magistrates were christned or this ciuill power did vndertake the protection of the Church or at least gaue way and liberty for the full execution of all Ecclesiasticall power which hath beene very much curbed and scanted by most Christian Princes in the world Much lesse doe we arrogate any secular power and command to be originally and properly in the persons or states meerly ecclesiasticall albeit one and the selfe same man or state may very lawfully and ought sometimes necessarily to be armed and furnished with them both as Luther himselfe learnedly sheweth In Epistola responsiua ad Melancthonem Et in postilla ad Epiphaniam de Magis and elsewhere we haue examined that as the ciuill magistrate sometimes hath been a priest so contrarily may Gods minister be a king or of any other electiue dignity the same man but not the same person which are distinguished euermore but may concur both in one subiect but that the enacting of lawes Bodin de repub in Method● historiarum creating of magistrates citations Iudiciall proceedings and punishments accordingly haue their first beginning and warrant also from the ciuill sword yea the very outward forme of gouernment by which that part of the Church which is committed to any ciuill Magistrate who is truely termed of our later Deuines the keeper and maintainer of both tables commonly called Church discipline is to be administred and vnder which be it one or other any of these Church affayres are to be established procured and executed dependeth wholly vpon the will and authority of the chiefe magistrate in any estate as himselfe may iudge fittest for the due ordering of the same most agreeable to the ciuill body and conuenient and profitable for the whole state Alwayes prouided that the essentiall and mayne points expressed in the word or the necessary consequents belonging to any person cause or calling in these Ecclesiasticall administrations be in no part abolished interrupted or diminished which is all that we challenge in this Excommunication or any other such power priuiledge or censure from any ciuill magistrate in the world The summe and definition whereof according to the premises I meane this Excommunication from the visible Church by order of wholsome Lawes ecclesiasticall or ciuil according to the true nature thereof commaunded and expressed in the word of God may for our better proceeding to the points that follow Definitio Excommunicationis a visibili ecclesia be thus set downe Namely to be that censure of the Church which proceeding from the power of the keyes is awarded against notorious offenders vnder any forme or meanes by those persons onely whome any Church shall thinke best to depute and assigne to take knowledge of all causes deseruing the same and to giue sentence according to the nature thereof against any persons offending therein Which although in regard of the extent thereof and quality of the crimes and persons offending and incurring this censure it hath beene diuided or rather distinguished by some such circumstantiall differences of time longer or lesser while places of and in the Church or Churchyards or such like yet for summe and substance I hold them all one as by
and fitting them for the kingdome of glory Instance and euident proofe whereof is affoorded in this one practise for many others of the primitiue Church in which these Church gouernors only tooke knowledge and care of all those that gaue their names vnto Christ and were thereupon after confession of the faith admitted into the ranke and order of their Catecumeni and so afterward were reckoned in the number of the visible Church as Saint Augustine confesseth of himself who also afterwards falling from that faith or not liuing worthy of the same after all good meanes vsed as is specified more particularly by our Sauiour Christ Mat. 18. v. 17. and was alwayes in force in the primitiue Church as by Heb. 10. other places may be gathered and yet persisting in that their vnworthinesse of such a fellowship were returned backe againe by the same power of the Church vnto their former estate and were no otherwise accounted of then as if they were Publicans or Heathen Mat. 18. v. 17. that is such as had nothing to doe with that speciall Church of the Iewes which was the onely Church visible at that time The like may be sayd of all decrees and constitutions made by the immediate gouernours of any particular Church for the determining of all controuersies and expounding of Scriptures according to the rules of faith and manners and their speciall prescribing meanes and directions to penitents and such like as Physitians are wont to their patients and giuing orders for the safe keeping of the doctrine of faith and manners and the preuenting of all things contrary to the same commonly procured by hereticks and schismaticks Wherein also that their power for the vrging of Subscription proceeding from this of Excommunication to all things set downe by them not contrary to the generall rules of faith and manners consisteth and appeareth as is further declared in the next treatise In which respect Saint Paul gaue such charge in so many places vnto Timothie for the carefull keeping of that depositum and forme of wholsome wordes 1. Tim. 6. v. 20. And Reuel 2. ver 14. and 15. God requireth it of the Angell and none other who by all mens confession representeth the Church power in that place that the doctrine of Balaam and of the Nicholaitans and the heretickes themselues were not repressed by him and that Ecclesiasticall power whereof that Angell was head and superintendent by such meanes of admonition confutation conuiction and so consequently if neede required Excommunication which are euermore proper to the Church care and power Albeit in that infancy of the Church in all places there was a great mixing of both powers as appeareth by the Apostles themselues who called Councels in their owne name for the better strengthning that their weake state and beginnings strooke some with temporal punishments and with death also in some cases which also vntill Christian Magistrates did protect and maintayne this power rights and authority of the Church was practised in many places after the Apostles time wheresoeuer the violence of persecuting tyrantes did not restrayne the Church liberty in this behalfe which is wont and so iustly may yea ought indeede as well as any other incoporation left vnto it selfe to make Lawes ordayne Magistrates punish offenders and such like whereby that their state may bee better ordered and preserued Howbeit which in the second place I answer and is euermore to bee remembred according as wee haue also obserued before no power whatsoeuer properlie belonging to the Church or els annexed by any meanes thereunto can be exercised in any part of the world vnder ciuill Magistracy without the authority or good leaue at the least of the commaunders therein nor any Lawes made or ratified without assent and leaue of the ciuill power as vnder which and from which all other Externall power hath all his outward motion as the most principall members of any naturall body vnder their proper head as all Christian Churches doe acknowledge the ciuill magistrate in all causes supreme head and gouernour howsoeuer that word Head without any such iust cause I thinke hath beene of late misliked of some euen as many good Popes also Beda lib. 1 cap. 23. de Gregorie Mag ad Mauricium lib. 2. cap. 18. Honorius ad Horaolium before that chayre of pestilence was fully seated amongst them did call the Emperors of their times their gracious Lords And yet notwithstanding as the other principall parts of the body the Liuer for example hath immediate motion and operation from it selfe as wel as that other from the head and as the inferiour orbes of the Stars and circles of heauen are moued as well by theyr owne naturall courses as by that generall motion which is obserued to carry all other with it and vnder it so is it in this entercourse of politique administrations Ecclesiasticall and ciuil both interchaungeably compared and considered together neither may the proper orders and proceedings of the one be truely sayde to be any more preiudiciall or contrary to the other then the Liuer in his proper operations to the heart or head from which it hath his continuall life and motion wheras the God of nature hath in his wisedome and prouidence diuersly disposed of them in that general communion their properties and functions euermore reserued to themselues as that stoute and wise high Priest tolde Vzziah how it appertained not vnto him to meddle in any part of the Priest his office 2. Chro. 26. vers 18 howsoeuer in other things they were subiect vnto them euen vnto their placing and displacing and indeede here is no more in effect then as housholders rule in the house and martiall men for their orders of warre 1. Reg. 2. v. 35. which yet I hope no way withstād that other which we call the chiefe power To which purpose also is that other straine and further extent of this cauil that any such power should be warranted by God and so allowed to bee in force vnder any wel ordered gouernment wherein the ciuill and chiefe Magistrate hath nothing to doe for the discerning and awarding thereof much lesse to haue power and authority to repeale or reuerse the same and so to restore any person censured thereby of this kingdome to forrain Ecclesiastical power of law as it is thought Insomuch as one of the daintiest practisers of these dayes in a sad and sober conference had with some of our grauest did cast it out I cannot tell how that he could neuer found the depth and mysteries of Episcopall Iurisdiction in generall and of these proceedings for Excommunication in speciall pag. 77 78. Late assertions for Church discipline And more plainly and grosly our late pleaders as well for their innocents as they terme them and as I may truely call the other very sinfull assertions for their new discipline haue made both the power it selfe and much more the due practise and exercise thereof very dangerous for
Deacons were vrged to subscribe to the speciall canons and decrees agreed vpon by sundry Councels especially to those of Toledo and Ephesus which Melanchton more plainly declareth Sic liber Concordiae in quo 800 Episcopi Presbyteri subscripserunt Bal●arminus in censura libri Et Harmonia inter omnes Belgii Gallliae mistros Eusebius de vita Constantini and the maner of their subscription page 518 of his theologicall counsels where he learnedly handleth many things to his purpose and question of subscription his words are these Extat hodie Synodi Ephesinae liber in quo sunt subscriptiones presbyterorum diaconorum et subdiaconorū extat et Cōcilium Toletanum quod iubet ordine subscribere Episcopos praesbyteros Diaconos The particulars wherof we may reade also in Eusebius of Constantine that most religious and renowned Emperor who saw right well the true nature and end of it and found by the differences of those times the absolute necessity thereof which followeth to be spoken of in the next point commanding for the end aboue named this vniformity in subscription and condemned Arius with his owne voice The like we see to haue beene in the practise of all late reformed Churches in the harmony of their confessions and more specially to our purpose the practise of those of Frankford to our owne countrimen Theses Geneuenses Gallice scriptae who came but to soiourne amongst them and at Geneua not onely subscription is vrged and that to many persons 7. 8. or 9. times but an oath also is takē for further security that they shal obey their Doctrine and orders and doe nothing contrary to the same And indeed no incorporation or gouernment whatsoeuer haue euer vsed to receiue and be partakers of any priuiledges amongst them and their folly were great if they did except they should first submit them selues and subscribe to like that estate vnder which they liue for any time much more professe them selues members thereof and are willing to enioy good thereby and that they will doe nothing praeiudiciall to the safety thereof as in Venice it selfe wherein the greatest liberty is graunted of any place in the world besides none are suffered to continue amongst them which shall any way dislike their state by word or practise but rather by both yeeld subscribe thereunto and yet it is strange how it should be thoght so seuere hard And euen tyrannicall amōgst vs that subscription shold be required to one Synod or Counsell of ours and some fewe things which are cheefest greatest of consideration for the state and good of our Church and common wealth although it be from those mens hands also who manage some speciall businesses thereunto belonging whereas as in short to conclude this second point al Captains gouernours of Cities or any incorporation yea of some meaner family as for example many of those ministers gentlemen and meaner persons which mislike so much our vrging of subscription by the Bishops will admit of none to their seruices or any priuiledge or freedome in those places of their commands neither is there indeede any reason why they should except they giue testimony and subscription by oath many times and other solemnities as some kinde of profession and subscription for their well liking and allowing all their orders and continuall care to do nothing praeiudiciall to the same by meanes whereof and that especially we see most incorporations townes free Cities Innes of the Court and such like so much to flourish Thus much also for the second point shewing the long vse of subscription in the Church of God CHAP. IIII. Shewing the absolute necessity of subscription in any well ordered gouernment and securely established estate by all wise foresight and iust preuention THE third and last poynt followeth which contayneth reasons for the equity and absolute necessity thereof in any well ordered state Ecclesiasticall or Ciuill and more especially why our Church retayneth such a forme and restraynt thereof to special articles with some reasons annexed why our Bishops are forced to enioyne the same and that such as liue vnder any part of their gouernment haue no iust cause to refuse nor yet to thinke so hardly and strangely of the matter First therefore subscription being of the nature of a Sacrament as we haue partly shewed before and the vse and end of military Sacraments declaring the same Saint Augustine hath this generall well knowne speeche to this purpose Contra Faustū Manichaeū lib. 19. cap. 29. Et signaculorum Nullum nomen religionis ant professionis est in quod homines coadunari possunt absque sacramentorum vsu for as the maine sacraments ordained by God doe binde all to one and the selfe same religion so ought these other kindes of sacraments so generally taken by all state gouernement in the world and do binde all vnder the same to a cōmon vniformity for the profession of the same religion or any other duety and seruice whatsoeuer Euen as wee see the Romanes had their tesseras hospitales amongst their seuerall bands as without which all one with the matter of our subscription none should discerne their friends and foes a sunder besides that hereby the security is taken for the strengthning and combining the better together any politick body which otherwise beeing deuided both in iudgement and practise many times must needes be dissolued come to present ruine of it selfe as Zanchius that worthy learned writer and obseruer hath concluded the principall reasons of which necessity may more specially be drawne to these two heads Zanchius in Cōfessi page 639. First because by it one generall and vniforme order of proceeding in all matters which may concerne the state is and ought to be established which going on in one constant tenor and according to one forme may by all story and experience be obserued to be the maine if not the onely cause that maketh any society safe and happy and the meanest beginnings to increase in all things as the continuance of the Romane gouernment and that which is now vsed in Venice doth by the censure of the best maisters in that kinde abundantly testifie to all the world Bodine in Methodo et de republ The second because by it and none other meanes the affections and dispositions of people vnto that state vnder which they liue may the better bee discerned and also kept vpright firme and faithfull to the same The truth of the first reason may sufficiently appeare by that generall confusion which eftsoones appeared at the rearing of Babels Tower Genes 11. whē God sent downe that great curse of deuiding their tongues amongst them which sampleth and shadoweth out very fitly and fully the confused states of our times for want of that subscription the onely meanes to take away both the effects and cause together wherein by a great curse no doubt to our state in generall for want of this vniformity in speaking one kinde of
English nation I presume none will refuse them in this or any other argument the one making the Crosse an indifferent ceremonie and in regard of some of the reasons aboue rehearsed of good and necessary vse whose particular words for one place amongst the rest I thinke good to set downe out of his answer and Reioynder to Martiall his reply Article 5. pag. 173 The Christians among the Pagans marked themselues with the signe of the Crosse in token that they professed him that was crucified afterward to put themselues in mind of the death of Christ In controuersia de baptismo these were tollerable vses of an indifferent ceremony The other of Docter Whitakers in his last readings almost that euer he had in the vniuersity of Cambridge which many heard as well as my selfe auouching that not only the signe of the Crosse but also salt hony and oyle might very safely be vsed in the administration of baptisme without conscience of some if there were the like reason to vs for the vse thereof as was to those speciall primitiue Churches or else the gouernors of any Church should iudge the same fit or requisite to be vsed And thus much for the reasons shewing the lawfulnesse fitnesse and good vse of the Crosse to which I will adde the excellent conclusion of Cassander in the place aboue named Hoc tantum hoc loco efficere voluimus antiquissimas has lōgo vsu confirmatas caeremonias quae citra impietatem seruari possunt non esse temere insectandas nec pertinaciter violandas nec earum causa Ecclesias in quibus adhuc earum vsus retinetur perturbandas sed ex Christiana charitate pacis vnitatis studio obseruandas adhibitis his cautionibus vt superstitionis periculosae siquid immineat occurratur nihilominus huius Sacramenti institutio vsus mysterium fidelibus studiose explicetur amplissime commendetur vt Christo suus ex fide honos Ecclesiae sua ex charitate reuerentia tribuatur CHAP. IIII. Examining and answering those many reasons which are vsually alledged against the Crosse or any other such ceremonies to be simply wicked and to be not in themselues and in their owne nature vtterly vnlawfull NOw it followeth to consider of such reasons as haue beene vsually and of late more especially obiected against it and the vse of it in our Church the which for order sake may thus be deuided Namely to be such as would argue it to be vtterly vnlawfull in it owne nature euery way or els respectiuely and by accidentall abuse and scandall thereupon since first it hath beene deuised and vsed in the Church and Sacrament of Baptisme Of the first kind the first and worst of all I thinke is that strange assertion broched by some of late sort but originally deriued from the Manichees sometimes but in a more scholer-like sort cause taken vp by that learned Lutheran Illiricus that nothing in the world for choyce or vse and whole nature of it is indifferent to any but either simply and particularly forbidden or commanded and so not only the crosse but all other ceremonies inuented by man and orders in ciuill things for any good vse in the Church especially or common wealth to be vtterly vnlawful To which a double answer may be rendred First that the very ground of this kind of building is very sandy vnsound taking away and euen abolishing the very nature of things and order of Gods creation whereas the trueth is both many actions of men much more the quality and condition of some things in themselues are neither good nor bad but indifferent and so are left to mans choice or refusall so that if he do them or do them not vse them or vse them not more or lesse no conscience of sinne as Luther speakes out of Augustine can arise from them Mat. 15. such are to vse or not to vse this or that meate drinke or apparrell which defile not the man to exercise this or that kind of recreation and to doe the one and not the other or none of them both oftner or more seldome longer or lesse while and such like Yea in morall and will actions themselues to giue thus much or thus little to that man rather then another as acts of curtesie and gratuity and such like a thousand Ecclesiasticall also as singing ceremonies more or lesse In Opusculis Insomuch as some and euen master Beza himselfe not without good shew of trueth and reason for it haue spoken and written the cleane contrary and made all actions whatsoeuer in themselues to be neither good nor bad but indifferent as the actes of the foulest sinnes murther and adultery in the matter of warre and extreme punishment and matrimoniall duties are then good and therefore not simply wicked being once clothed with their due circumstances as the Schooles speake which make euery action good or bad The morality whereof Aristotle that great Master maketh to consist in the manner of doing Lib. 2. of his Ethicks and end for which it is done including therein the intent of the doer and due circumstances thereunto belonging Which point being somewhat nyce and easily drawne into abuse I wish should very warily be handled and wisely harkned vnto for feare of that which experience hath shewed in some to cast all hand ouer head as in Iob. 22. and Mala. 3. vers 14. and such like howbeit if their meaning be of any action already done or any thing already vsed as being determined of before in our choice to any end accompanied with circumstances necessarily following the same then we ioyn with them against all indifferency and the disputation were very friuolous and de non ente as we say Secondly we answer that in case such expresse commandement were necessary for euery particular thing action especially in all matters of Gods seruice there is sufficient expresse warrant as we haue aboue shewed for this and other ceremonies to make them good and necessary also being once commaunded ex necessitate mandati at the least vt scholae to be vsed as namely that place in the Corinthians which chargeth the Church gouernors to ordaine all things tending to decencie 1. Cor. 14. v. 26. and 40. compared together order and edifying in the church and not only as these newe Masters would haue it to see all things particularly expressed in the word to be done with such decency and due circumstances according to the speciall commandements of GOD herein which were infinite and so impossible and answerably all vnder authority to obey and vse the same for otherwise a man might preache in his doublet and hose or any other more disguised apparell for any thing is any where particularlie commanded or forbidden to the contrary And as it is most credibly reported of one of these rather wilfull then weake refusers of our ceremonies in Northhamptonshire that lighting from horseback in trauellers
whatsoeuer els we do being matters as free for particulars in choyce and variety and indifferent as these ceremonies doe them all to the glory of GOD 1. Cor. 14.27 and 40. vers and that other no lesse generall in respects of men and the whole Church of God 1. Cor. 14. Let all things be done to edifying comlinesse and order Insomuch as we are so far from doubting whether these things done in this manner and to these ends especially inioyned and commanded by lawfull authority be pleasing vnto God according to Rom. 14.23 so far foorth as things indifferent and of that nature are said to please God as that being omitted either by the magistrate in not appointing them or by the subiect of any place by not obseruing them they are to be censured for manifest breaches of Gods commandement Secondly to allow a ceremony and not to be significant were to imagine a shadow without a substance all of them being outward signes and so necessarily significant of some inward disposition of the will affecting shewing or expecting any thing as Fulke against Sanders on the missals and books that way written very many especially by Durandus in his Rationali diuinorum albeit some haue called it and that not without reason for some things therein conteined an vnreasonable booke may euidently appeare And that the Church of God hath in all ages lawfully and without any contradiction of God or man inuented and appointed such ceremonies the better to testifie their repentance and humiliation for cause of ioy and thanksgiuing which conteine in a manner the whole summe of mans duties to God all the ceremonies vsed at fasts or feastes doe demonstrate to all the world whereof that one is very memorable not only in the feast of Purim it selfe which was an inuention and appointment of the Church at that time as well as many other which we haue aboue remembred but one speciall ceremony which the Iewes retaine vnto this day which is that whensoeuer the name of Haman is repeated in the Scripture to be read on that Festiuall all stand vp and beate the formes and seates with their hands and feete for their generall better remembraunce of that great benefit of their deliuerance from that cruell Haman and signifying their detestation of that intendment of his for euer Antonius Margarita Iudaeus baptizatus de caeremoniis Iudaeorum Tertullian de Corona militis And Tertullian more neere to our purpose vpon occasion of that souldiers refusal speaketh thus in generall of the habites of Christians sutable to the bloud and passions of Christ hath these words Rubricati incedimus amentes perhibemur Whereunto also that of significant names giuen at Baptisme and so vpon conscience of sinne enioyned by their Masters who are by many accounted most iudicious amongst themselues may fitly be adioyned which doe not only put those children and the speciall congregation present at their baptizing to thankfulnesse and obedience which are the summe of all Christian duties but also are of all other ceremonies inuented by man most significant and that of the greatest matters of our faith and profession in this life and future hope and expectation for the life to come as namely Repent as some haue beene called which is the summe of all those significant ceremonies of dipping and rising againe out of the water importing the death and resurrection of Christ and so consequently our regeneration as Rom. 8 and one other dust vsed also by them signifying our mortality and lastly that common and very significāt ceremony which many Diuines doe teache it in their praiers preaching also to be for our continuall vse and practise when as by lying downe in our beds and rising vp againe is signified vnto vs our lying downe in our graue and the resurrection of our flesh againe which is a matter of our highest faith and expectation from Christ Iesus his flesh and spirit from which all our spirituall hope and comforts are deriued All which so long as they conteyne no error or superstition in them nay yet through singularity violate any wholsome constitution made to the contrary nor lastly through nouelty and weaknesse of iudgement giue occasion not onely of vnnecessary scandall and too too truly giuen but also at sometimes of scoffing and scorning to some profane spirits at such holy mysteries in which the least action and gesture ought to carry a due reuerence port and Maiesty I thinke no man of vnderstanding can iustly mislike them Thirdly these men forget what a broad difference there is betweene sundry kinds of ceremonies which all notwithstanding are significant and can no otherwise be For which end I could wish them to peruse that which Chemnisius that most learned Lutheran and graue Diuine hath in his answer examination of the Councell of Trent In his examination of the Councell of Trent Aquinas tertia parte Summae quaest 60. Art 3. about this very matter of the Crosse and Images so grosly abused by the Papists where making out of the Schooles some Signes prognosticall some Collatitiall some memoratiue some Demonstratiue c. neither he nor any iudicious Diuine in the world doth or euer did condemne all memoratiue Signes of which kind and nature we haue euer holden and maintained the Crosse but no way of power or the least hability to confer and conuey any grace or good vnto the Church or any creature as the old heretickes by Irenaeus his story gaue vnto it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which I expound power to remoue dispell euill Irenaeus lib. 10. cap. 24. and to confirme and establish any good which for many particulars and the worst vse of all many foolish superstitious and idolatrous Papists haue taken vp and taught in the world Howbeit for being memoratiue signes and instructions for things present or to come which may be helpes vnto any our manifold weaknesses as abouesaide we cannot yet see any sufficient reason against them and I would be beholding to any that should make any full sound and good demonstration to the contrary And so I conclude this Chapter and mine answer to the first kind of Obiections with two excellent sentences of Georgius Cassander in the place before cited Quamuis verbum Dei sacris literis consignatum sacramenta nobis ab ipso relicta plenam institutionem contineant tamen non inanis est opera illorum qui verbi intelligentiam sacramentorum significantiam pluribus verbis signis modo diuino verbo non aduersentur explicandam in hominum animis defigendam putarunt And anon after Qui non iuuantur ombris caeremoniarum eo quod norint veritatem tollerent eas vbi opus est propter Charitatem And one other grand decree and kind of Anathema vsed by the Iewes and euery way as fitly to be applied to our ceremonies Hospinian de festis Iudaeorum caeremoniis paschatis cap. 5. pa. 19. and to be
word And had not God himselfe made this order and difference in all publique and politique proceedings as by the places aboue named and many other of the old and newe Testament which we haue elsewhere vsed for the differences and dignities of Ministers in generall may appeare yet common experience reason and necessity would haue inforced the same as we may see in all pollitique bodies Ecclesiasticall and Ciuil which haue euer beene in the world which otherwise through a generall confusion none ruling nor any obeying would fall downe of themselues as Saint Paul saith if euery member were a head where were the hand the feete the smelling c euen all without order and difference a monstrous confusion And therefore these men themselues in their exercising and awarding this high censure or any part of their new deuised pollicy and discipline reduce all such proceedings to Consistorial throne and iurisdiction and that in far greater soueraignty and peremptory vnreuerseable power then wheresoeuer vnder Christian Magistracy any lawfull Ecclesiasticall body doth execute their iurisdictions and power And herein it differeth not whether the immediate mannagers and Actuaries in this Excommunication be good or bad as the Donatists and Anabaptists sometimes excepted against Baptisme it selfe and some of our homebred Schismatickes haue often reuiued those quarrells or els Laickes sometimes and in some cases as the next question will better inquire so long as they haue this externall order and power by lawfull authority vnder Christian Magistrates put vpon them because therein they doe not their owne worke or actions as Augustine hath abundantly aunswered against the Donatists but the speciall functions of the Church by which they are moued and in euery particular directed and no way carried so farre foorth as they performe any Ecclesiasticall seruices by their owne priuate motions and spirit as appeareth also in baptisme ordination of ministers and many other things appertaining to Ecclesiasticall power and censures And indeede the summe of this obiection is none other then the demand of Corah and his confederates challenging equall power and holinesse in this kinde to all the Leuites and ministers in common Num. 16. v. 34. which God had made then for the order and gouernment of that Church proper to the Priests which is all one with the matter and question we haue in hand For the conclusion whereof I desire all to reade that with iudgement and to translate the Latine of it into good true English diuinity or Christian and godly pollicy if they will which that graue learned and true Christian politician wrote sometimes by way of councell and Theologicall determination to certayne like minded with these Questionists Obiectors Melancthon in Consiliis theologicis Et Consistoria ideo cōstituta sunt ne indocti pastores aut malidānent homines sine legittima cognitione sicut manifestum est iracundos pastores saepe hoc modo iniuste turbasse ecclesias notum est plurimos pastores nescire ordinem cognitionum satis est pastors quod ad ministerium iurisdictionem suam attinet quando crimen est notorium admonere reum si non obtemperet arcere cum a communione c. Which speciall power also is by the wisedome and appointment of our Church thorough some delegate power left many times in the hands of euery the meanest minister who also for the most part alwayes hath his ministery and vse in the inflicting this censure and absoluing any persons from it To which the same author addeth the practise and iudgement of other learned men and Churches at that time more directly to this question An●● Annum in ditione Naumbergensi magna contentio fuit inter quosdam an singuli pastores armandi essent hac potestate Nominatim sine cognitione Consistorii excommunicandi aliquos responderunt autem Dr. Sneppius Casper Aquila idem quod nos nunc scribimus Now for the third and last question and obiection vsually made against the meanes and manner of executing this censure Quaest 3. namely that oftentimes meere Laicks or such at the least as were neuer fully admitted into holy orders doe not onely intermeddle therewith but haue for the most part the greatest stroke therein Plea of the Innocent pag. 49. 50. To which I first answer that which some of these exceptors and pleaders make contrary vse of alledging as the truth is and the order thereof by our Canons and common practise of our Church that the mayne sentence of Excommunication is euermore reserued to bee denounced by the Bishop or some other minister as from whose care and power this whole proceeding doth originally descend by whome and by what means soeuer it be managed Which secondly if it were not so I answer that whatsoeuer is performed herein by any such persons either for the better more safe preparation to the finall sentence it selfe or els practised in the very denouncing of the same are to be accompted for no other then the actions of the sacred ministery it selfe or if you will rather speake with Cyprian and Ierome of the Church and whole power any where established for so they speake plainly albeit very impertinently Nichols in his plea pag. 59. and as ignorantly cited by one of these grand exceptors against many things in our Church gouernment and this one we haue in hand amongst the rest Clauium potestas non vnised vnitati conceditur And so indeede the intermedlers herein are not merely Laikes or wholy Ecclesiasticall in that behalfe and their assistance herein or pronouncing this sentence at any time is no otherwise then as the Clerke of the peace at any commō Sessions doth reade denounce or any way assist the Iudges thereof to whome properly and principally the whole commission is directed Thirdly many things incident and especially belonging to this greate censure of Excommunication as it is now for the most part exercised by any Church being externall and primarily respecting the bodies and outward estates of the offendors as also the common peace and externall pollicy of both Church and common wealth together as we aboue shewed they are by all reasonable consideration to be mannaged and discussed by their proper professors and best experienced therein Neither lastly were it meet as the whole councell of the Apostles conclude in the like case that the ministers of the word and Sacraments should attend vpon tables or taking knowledge of all criminall causes in this kind and nature In respect whereof our new masters of their Church policy haue found it very necessary to appoint diuers sorts of lay persons as Elders Deacons Widdowes and such like making them essentiall parts of all welordered Church policy Acts. 6. v. 2. according to Christ his word rules and kingdome as they say who yet notwithstanding in the trueth of those termes being according to the vse thereof in the first Churches and Paul his mentioning of such kind of helpers 1. Cor. 12. v. 26. vnder the
names of Commissaries Officials and Churchwardens reteyned still amongst vs will by no meanes allowe of such kind of assistance in these speciall causes which no other can so conueniently consider or determine of And to end this point because I haue partly handled it in another treatise also I desire all indifferent readers to peruse that of Vrsinus generally allowed for a very sound and iudicious Diuine In Catechisme de potestate Clauium as most of later time where he writeth thus In Ecclesiastico Iudicio gratiae irae Dei non sit denunciatio ab vno aliquo priuato qui hoc munus plerunque obire solet sed a tota ecclesia vel nomine totius ecclesiae idque ab ijs qui ad hoc electi sunt communi omnium consensu ad certas personas In functione sacerdotis Which Tollet setteth downe more particularly allowing and appointing amongst the persons executing this censure the Churchwardens sometimes or other such like Lay persons but especially I refer all Iudicious readers for their further informatiō in this point to Panormitanus that great Clerk for his Councels and exact skill for all Iudiciall proceedings vpon the decretalls vnder the title de Iudicijs Fol. 9. and in cap. Decernimus and many times in his larger treatises Ad literam Laicus and title of Excommunication where he sheweth both the equity and necessity of that we now maintaine CHAP. I. Shewing that Subscription is not such a heauy and hainous matter as many would make the world beleeue thereby to drawe enuie and obloquie vpon the thing it selfe and vppon the vrgers of the same AFter Excommunication discoursed of in the former treatise and some questions and difficulties thereabout discussed In the next place commeth Subscription not vnfitly to be considered of which indeed could neuer haue bin called into such question and such standing out against it would neuer haue beene shewed if the true power nature and vse of Excommunication and Church power from which it proceedeth had been throughly knowne and maintained or at the least accordingly exercised and enforced amongst vs. And therefore as we haue intreated more largely of the one so must we also by our order prescribed not vnfitting I hope the same speake now of this other the rather because it is one of the maine whites and markes which those bad Archers with whome my greatest encounter hath beene in a more large field chiefly ayme and shot at but with no better successe I hope then as good Iacob complaineth of those against Ioseph Gen. 49. for the order of which treatise it shall be this First to set downe the true nature and chiefe ends of subscription secondly the long auntient and constant vse of it in the Church of God thirdly and lastly the great necessity and equity for the vrging thereof at all times with some speciall reasons thereupon why it is or ought to be so strictly vrged and required from certaine liuing vnder this present estate of our Church by the wise and carefull gouernours of the same and why also those standers out may safely submit and yeelde themselues thereunto For the first we must shew in the first place what it is not because vpon the misunderstanding and misprision of that which indeed it is not most haue beene driuen from their due reuerence and obedience to those things which by the same are required wherefore all offended from the vrging thereof at any time must know that the meaning of this subscription is not that euery one so vrged should peremptorily and de scientia as we say auerre and auow by word writing seale or marke euery particular thing contayned in the booke of common prayer and the other particular excepted against much lesse in all our Homilies Canons and constitutions made or to be enacted hereafter as some haue obiected of late to be absolutely perfect according to the exact rule and rigor of the Law and word of God in generall as some would haue those haynous words so offensiuely and tenderly taken nothing contrary to Gods word to meane and import For so we are nothing of humane vse or inuention in the world much lesse is the nature of it such as vpon the premisses would fall out whereby mens consciences should be set dayly vpon the racke and sundry persons vrged thereby to approue vntruths and diuers things which cannot possibly be knowne and iustified or els to be driuen thereby to speake at the same time yea and nay yea to maintayne many vngodly practises with all Nicholls in his Plea pag. 102. and 103. as is most ignorantly if not maliciously suggested by one graund late exceptor for proofe whereof who seeth not if that should be the meaning how contrary to the old rule against which no state proceeding of all other ought to offend nemo tenetur ad impossibile many impossibilities would appeare at once for not only the best inuentions of men haue their manifold imperfections and so are against the word in that sense but euen the best prayers conceiued or formes thereof prescribed by man are full of much weaknes yea although they be taken out of the holy Scriptures themselues being but once vsed by vs require a prayer for pardon therein wherefore it is that at the end of our Letany our most solemne prayers to God we pray for the forgiuenesse of our ignorances and negligences which especially escape vs in Gods seruice yea in the Lords prayer it selfe we are taught by our best Master one petition which Saint Augustine calleth our dayly Baptisme as touching our dayly trespasses Contra Iulianum Pelagia num lib. 2. amongst all other to call for the forgiuenesse of those wherewith euen in repeating much more no doubt in our best translating that holy prayer we defile our selues as indeed for the translating hereof to speake nothing of infinite other neuer any Papist or Protestant or any other whatsoeuer durst chalenge any such absolutenesse of perfection no not in the very Canon of the Scripture it selfe as we or any other Church now haue them being only perfect and absolute as Bellarmine himselfe confesseth Bellarmine and Whitakers de Scriptura and our best masters for these matters cānot deny in their originalls of Hebrew and Greeke wheresoeuer also they be much lesse for the number of their Canons and euery particular story sentence therein as Ierome sheweth manifestly in his preface vpon Iob and Daniel whereat notwithstanding so many scruples are made to hinder this subscription by the chiefe captaines of those that impugne the same In their late schedules and obiections against subscription and lastly for the translation therof as I haue also elsewhere shewed no company will euer be able perfectly to vnderstand many hard textes which in this life especially in any one age can neuer be attained which is but the first point herein as Ierom sheweth vpon Daniel and no paynes nor tongue much lesse