English Bishop having obtained his congedelieâ— oath Proh Deum dedine ego tot millia Florenorum pro volo Episcopari jam debeo dicere nolo or as was the answer of that English Bishop who having promised a Courtier one annuitie of twenty pound during his life out of his Bishopricke if hee could procure the speedy feâ—ling of his congedelier within a while after when it was sealed he rapt out an oath and sware by Jesus God that the same Gentleman had done more for him than an other great Courtier who before hand for that purpose had received from him one thousand markes But whether all Bishops buy their congedeliers dearer or better cheape is not a matter incident to this treatise only if they buy deare they may happily thinke with themselves that they may sell deare vendere jure potest emerat ille prius setteth not any price upon any wares in the Royall Exchange But to return The manner of the administration of spirituall Iustice in the Church by Prelacy to our purpose whence by occasion of those Bishoply oathes and answers we have a little digressed let us see what is the manner and forme of the administration of spirituall justice in the government of the Church by Prelacy as the same is ordinarily administred in all places throughout the Church of England Wherein that wee be not mistaken it is to be understood that the manner of administration of justice whereof we speake is that administration of justice only which respecteth the punishment of crimes Ecclesiasticall to bee inflicted by spirituall censures In all which cases penances suspension and excommunications in the Bishops consistory proceed from the judgement and authority of the Bishop alone if he be present or from the sentence and power of his Vicar generall or Commissary alone and if he be absent Nay doth not every such censure likewise in the Archdeacons consistory procâ—ed from the sole authority of the Archdeacon or if hee bee absent from the sole authority of his officiall But if the like course of the execution of Justice as this is cannot bee found to bee an oâ—dinary course of Justice in the Common-Weale where Justice is administred in criminall causes by the Ministery of a subject I would faine learne what prejudice may bee feared to redound unto the Common Weale if the administration of spirituall Iustice after a sort were established to bee after the same manner in the Church after which civill Iustice is already practised in the Common-Weale I said after a sort to this end least I should bee mistaken For the meaning is not that spirituall Iustice should be ministred exactly in No one subject in the Common Weale can alone exercise civill justice in causes criminall every respect after the manner of civill Iustice but the comparison standeth onely in this that as not any one temporall subject alone hath authority to heare to examine and to judge any one criminall cause in any Court of civill justice in the Common-Weale so likewise that any one spirituall person alone should have authority to be examiner and judge of any one criminall cause in any Court of spirituall Iustice in the Church For if certaine principall and godly persons associated unto a learned and zealous Pastor in the presence and with the consent and authority of the people of every Parish did enjoyne penance suspend or excommunicate a spirituall The administration of spirituall Iustice by pastors and Elders agreeable to the execution of civill justice in the Common-Weale Master D. Bancroft what his assistants Letter able to represse puritans in one parish D. Stanhope alone to represse all in a Diocesse offendor were not this forme of administration of spirituall Iustice more consonant agreeable and conformable to the daily execution of civill Iustice in the Courts of the Common-Weale than is the administration of spirituall Iustice by the Bishop alone or by his Vicar generall alone in his Consistory and to make this matter more familiar in the mind of the Reader for an instance or two let us suppose that Master Doctor Bancroft Parson of S. Andros in Holborne had chosen Master Harsnet to be his Curat and withall that Master Dodge Master Mercury Master Flower and Master Brisket all chiefe attendants on his late great Lord and Master were inhabitants within the same Parish and thâ—t the chiefe men of the same Parish had chosen those to be assistants to him and to his Curat for the inquisition of the demeanours of all the Puritans and Precisians within his Parish let this I say be supposed would not hee and they trow we thinke it a high scorne and an indignitie to be offered unto their Masterships in case it should bee insinuated that Master Doctor Stanhope were better able with one little blast of breath upon a peece of paper to blow away all Puritanisme out of the Citie and Diocesse of London than these great Chapleins and discreet Gentlemen with their thunderings and with their lightnings were able to fright the same out of one poore Parish in HOLBORNE And againe to make this matter yet a little more familiar to the minde of the Reader let us suppose again that thundering Master Merbury now Lecturer in the Church of Saint Mary Overis were Pastor of the same Church and had to be his assistants in the Ministery but simple M. Butterton and that they two for the Elders of the same Church to be chosen by the Parish had such and such and such men lovers of all honesty and godlinesse and enemies unto all dishonesty and ungodlinesse could not these learned and grave Ministers with the assistants of such wise and godly Borough-Masters bee as well able to reforme Papists Atheists Swearers prophaners of the Sabbath drunkerds adulterers and such like within the Borough of Southwarke as is Master Doctor Ridley to bring to any good amendment of life all such kind of persons within the whole Diocesse of Winchester If the examination and judgement of all theeveries pickeries burglaries robberies murders and such like were committed to Master Dâ—ctor Ridley alone for the Diocesse of Winchester and to Master D. Stanhope alone for the Diocesse of London were it not like that for one such malefactor as there is now we should shortly have an hundred And therefore to hold us still to the point in question it is very plaine and evident that this manner of spirituall justice mentioned to be executed by the Pastors and Elders is more correspondent to the administration of civill justice in the Common-Weale than is that manner of the execution of spirituall Iustice by Doctor Stanhope or Doctor Ridley by the Bishop of London or by the Bishop of Winchester For to begin with our meanest and basest Courts let them shew unto us any Court Leete Law-dayes Matters in Leets and Law dayes not overruled by one alone or Sheriffes turnes within any County City Towne Borough Village or Hamblet within the Realme wherein
Scripture to be given them by God and therefore the King and Parliament may be pleased to abolish both them and their power as King Hen. 8. did abolish Monkes and Friars 26. 40. and 28 The challeng for Lordly primacy out of the great charter answered 28 The study of the civill Law and the professors of it may florish more than now they doe 28 Fees for probate of testaments let to farme 29 Fees dew for execution of functions of the Canon Law disproportionable for a Dâ—ctor of the Civill Law 30 An Act of Parliament for the advancement of the Civill Law is set downe and a forme laid for all proceedings in the Courts in which the Civill Lawyers should be Iudges 32 33 It will advance the honour of the King and the good of his subjects to have matters of tithes and testaments and matrimony reduced by act of Parliament to bee tried by the Iudges of the Common Law 37 Matters of tithes and other causes of light nature pertaine to civill justice 37 The temporall law may easily bee applyed to causes now reputed Ecclesiasticall 39 How legacies may be recovered at the Common Law 42 Matters of marriages more fit to bee decided by the Kings officers than by the Bishops 43 Much adâ—e in the Bishops Courts about Accipio and Accipiam 44 The common Law preferred by the Bishops above the Law of God and the civill Law 45 Causes of Adulteries Slander Heresie which by sufferance only have bin exempted from the Cognizance of the King may be arbitrated by the Iudges of the common Law 47 Hierarchy may be judged felony if it please the King 49 The cognizance of all crimes as well as of some by the Law of God belong to the King 50 No impeachment and impropriations in lay mens hands the stat of 15. Rich. 2. and the 4. Hen. 4. being observed for a Vicar endowes yet if it please the King Parliament a law may be made for reducing of impropriations which may bee done First by restitution Secondly by commutation Thirdly by redemption Fourthly by contribution 52 Parochiall Churches to what use they were founded 56 First restitution of many may and ought to be which are now accounted the temporall revenues of Archbishops and Bishops which were given to severall Churches are now spoyled of them by Archbishops and Bishops 55 56 57 58. Secondly commutations may be made of many of the Bishops lands given to superstitious uses for many impropriations in the Kings hand and the hands of many of the Nobility 56 58 59 Thirdly there may bee a redemption made of the same land or buying in of many impropriations by a common purse or treasury which will increase 1. When the people shall be discharged of the burden of Ecclesiasticall Courts 2. The treasure will increase by the dissolution of Chapels of ease and uniting two Parishes into one and especially in great Cities and Towns where often are but small Livings 61 Dissolution of Chapels no new thing Ibid. Chapels the Seminaries of hirelings 62 3. By sequestration of the Livings of non residents 4. By the forfeiture of penall Lawes due to the King 60 61 62 63 Sequestration of the Churches of pluralists may further the treasure for redemption of impropriations 63 By what contributions Impropriations may bee brought to the use of the ministery 63 Fourthly the fourth meanes viz by contribution wherby Impropriations may be reduced to the ministery 63 64 65 How and by what means impropriations may be reduced into the ministery 65 66 None of the three estates in Parliament is lost by removall of the Hierarchy as appeares by severall statutes viz. 25. E. 3. c. 24. 31. Ed. 3. Stat. of Herrings 3. R. 2. c. 3. 7. R. 2. c. 12. 1. E. c. 2. 68 69 70 71 72 73 The state of Prelacy founded by the Grandfather of K. E. 3. 69 The K. having the assent of the Nobles and Commons may repeale statutes without the assent of the Prelates 70 The argument answered in which it is said that it hath been alwayes dangerous to pick quarrels against laws setled 74 75 Lesse danger to reforme the Church by new lawes than to continue corruption by old lawes 74 That argument answered in which it is said that there must of necessity be in every Parish one Pastor a company of Seniors and Deacon or two at the least and all those to be found of the Parish 75 76 77 78 What kind of men ought to be chosen Seniors and Deacons 76 The judgment of the Commissioners of Ed. 6. touching Elders and Deacons 77 The election of Pastors by the people stands upon the ground of reason and nature rules of Christian equity and the law of God therefore by no Law or custome can justly be taken away though actually it was by the Pope 79 to 87 Dangerous to innovate unlesse there be evident utility in innovation 80 The common manner of election in the old Churches was by the people 81 The King without the people hath power to nominate the Kingly Bishop 82 M. Bilson confirmes the peoples election of their Pastor 83 A great difference betwixt the choice of Bishops in England and Pastors 86 No Schisme hapned by choice of Pastors by the people ancient schimes were ever from the election of Bishops 87 88 therefore a Stat. is desired for the giving of election of their Pastors 86 Election of publike officers in Cities and Boroughs is by the principall men of these places 90 91. therefore Ministers may bee elected the officers of Cities and Townes Corporate chosen without contention therefore Pastors may be also chosen 90 The people would be more carefull of their Election than Bishops have been the people could make no choice of insufficient Ministers unles the Bishops did make insufficient Ministers 93 94 The common people accused of backwardnesse in Religion the reason of that must needs be from their ill guides 95 Men of excellent gifts and men of no gifts are unequally matched in the ministery of the Gospell 96 The people may know a man to be a fit Minister though he be not brought up among them 98 What knowledge of a Minister is required in the people before they choose him No partiall suits can follow the election of Ministers by the people 100 The means to take away all symony for places in the Ministry 100 The inconveniences of Bishops ordination set downe 102 As many suits betweene the Bish and the Clerke 2. suits between the Clerke and the Archdeacon 3. suits betweene the B. and the Archdeacon 4. Riots and breaches of the Kings peace 5. unlawfull Fees for Letters of institution 6. unlawfull Fees for letters of sequestration 105. 7. Perjury by the Clerk and robbery by the Patron 8. Chopping of benefices and dispensations 106. A supplication to the Parliament to consider these inconveniences and likewise a briefe way is set downe of the redresse of them 107 Diverse things set down concerning ordination of Ministers
the Bishops and Archdeacons their Courts Wee will examine what fees Doctors of the civill law being Chancellors Commissaries or Officials have usually and ordinarily allowed unto them by their Lords and Masters Fees for probat of Testaments granting Fees for probat of testaments let to farm of administrations with their appendances of late years in some places whether in all or how many I know not have beene demised unto farm for an annuall rent out of which either a small or no portion at all have beene allowed unto the Chancellor or Officiall for his service in this behalf Whereupon as I conjecture it hath fallen out rather than that those Officers would worke keepe Courts and travaile for little or nought ther have been exacted greater fees for the dispatch of these things than by law ought to have bin paid Perquisits of courts arising upon suites commenced betweene partie and partie it must be a plentifull harvest and there must be multi amici curiae in a Bishops consistorie if ordinarily communibus annis they amount in the whole to twenty pounds by the yeare and yet these perquisits belong not wholly to the Chancellor but are to be devided between him and the Register And touching fees for excommunication and absolution fees for institution and induction licences to preach licences for Curats and Readers For testimoniall of subscription or licences to marry without banes fees for commutation of penance and fees for relaxation of sequestrations touching these manner of Fees if the same be fees no Fees due for the execution of the functions of the canon law dishonourable for a Doctor of the civill Law way warrantable how are not then such fees every way dishonourable for a Doctor of the Civill law to take either of Ministers or people There must be therefore some other hope of better reward and maintenance to incite and incourage schollars to the studie of the civill law than are these beggerly and unlawfull fees depending upon the functions and exacted by the Officers of the Canon law or els the use of the civill law as the Admonitor saith must necessarily in short time be overthrown For if Fees for probat of Testaments and granting of administrations with their appendices shall still be let to farme and if also many unlawfull fees were quite inhibited there would remaine I trow but a very poore pittance for Civilians out of the functions of the Canon law to maintain their Doctoralities withall But what better reward can there bee for Civilians than hath already beene mentioned If the Admonitor had not willingly put a hood Civilians in England live not only by the functions of Canon law wincke before his eyes he might have seene that the Civilians live not wholly and altogether by the practice of the Canon Law but partly also and that most honourably by the use of the Civill law If a Doctor of the Civill Law be judge or Advocate in the Court of Admiraltie if he be Judge or Advocate in the Prerogative Court so farre as the same Court handleth only matters of Legacies Testaments and Codicills to what use can the Canon Law serve him or what advantage can the same Law bring him in Beside to what use serveth the Canon Law unto a Doctor of the Civill Law if he shall finde favour in the Kings sight and if it please the King to make him one of the Masters of his Requests or one of the twelve Masters of his high Court of Chancery or to be the Master of his Rolls or to be his Highnesse Embassador unto forraigne Nations or to be one of his Highnes most honourable privie Councel or to be one of his principall Secretaries It followeth not therefore as the Admonitor pretendeth that either the Civilians in this Realme live not by the use of the civill law but by the offices and functions of the Canon law and such things as are within the compasse thereof or that the hope of reward and by that means the whole studie of the Civill Law must be taken away if once the Canon Law should be abolished Neither would it bee any hard matter for the King if the Civilians might find grace in his sight to appoint Courts Offices and all manner of processe and proceedings in judgement for Doctors of the Civill Law to heare and determine in the Kings name all causes being now within the compasse of any Civill or Ecclesiasticall Law within this Realme And although a little candle can give but a little light and a small Spring can send forth but a small streame yet because great fires are kindled sometimes by little sparkles and small streames meeting together may in time grow into great riveâ—s I shall desire the great Civilians with their floods and lamps of learning to help forward such a law as whereby the study of the Civill Law may be upholden the reward and maintenance of Civilians without any function from the Canon Law may be enlarged many controversies and disorders in the Church may be pacified and the Kings Prerogative Royall bee duely advanced Which things if it might please them rightly to consider then let them humbly and seriously beseech our Soveraigne Lord the King and States in Parliament to give their consents to such a Law as the project ensuing may warrant them the same not to bee dangerous to the overthrow of their civill studies The Project of an Act for the explanation and amplyfying of one branch of a Statute made in the first year of the raign of Queen ELIZABETH entituled An Act restoring to the Crowne the ancient jurisdiction over the state Ecclesiasticall and also for the declaring and reviving of a Statute made in the first year of King EDWARD the sixth entiled An Act what seales and stiles Bishops and other spirituall persons exercising jurisdiction Ecclesiasticall shall use FOrasmuch as by one branch of an Act made in the first yeare of our late Soveraign Ladie of blessed memorie Queen Elizabeth entituled an Act restoring to the Crowne the ancient jurisdiction over the state Ecclesiasticall and Spirituall and abolishing all forraign power repugnant to the same it was established and enacted That such jurisdictions priviledges superiorities and preeminences Spirituall and Ecclesiasticall as by any spirituall or Ecclesiasticall power or authority hath heretofore beene or may lawfully be exercised or used for the visitation of the Ecclesiasticall state and persons and for reformation order and correction of the same and of all manner errors heresies schismes abuses offences contempts and enormities should for ever by authoritie of that present Parliament be united and annexed to the imperiall Crown of this Realm by means whereof it may now be made a question whether any Archbishops or other Ecclesiasticall persons having since that time used or exercised any such spirituall or Ecclesiasticall jurisdiction in their owne right or names might lawfully have done or hereafter may lawfully do the same without speciall warrant and authoritie derived
immediately from your highnesse by and under your Highnesse letters patents And whereas also by a statute made in the first yeare of King Edward the sixth entituled an Act what seales and stile Bishops or other spirituall persons shall use it was ordained that all and singular Archbishops and Bishops and others exercising Ecclesiasticall jurisdiction should in their processe use the Kings name and stile and not their owne and also that their Seales should be graved with the Kings arms And forasmuch also as it must be highly derogatorie to the imperiall Crowne of this your Highnesse Realme that any cause whatsoever Ecclesiasticall or temporall within these your Highnesse Dominions should bee heard or adjudged without warrant or commission from your Highnesse your heires and successors or not in the name stile and dignity of your Highnesse your heires and successors or that any seals should be annexed to any promise but onely your Kingly seale and armes May it therefore please the King at the humble supplication of his Commons to have it enacted That the foresaid branch of the foresaid Act made in the first yeare of Queene Elizabeth her raigne and every part thereof may still remaine and for ever bee in force And to theend the true intent and meaning of the said statute made in the first year of K. Edw. the sixth may be declared and revived that likewise by the authoritie aforesaid it may be ordained and enacted that all and singular Ecclesiasticall Courts and Consistories belonging to any Archbishops Bishops Suffraganes College Deane and Chapter Prebendarie or to any Ecclesiasticall person or persons whatsoever and which have heretofore beene commonly called reputed taken or knowne to be Courts or Consistories for causes of instance or wherein any suite complaint or action betweene partie and partie for any matter or cause wherein judgement of law civill or Canon hath beene or is required shall and may for ever hereafter be reputed taken and adjudged to be Courts and judgement seates meerely Civill secular and temporall and not henceforth Ecclesiasticall or Spirituall and as of right belonging and appertaining to the Royall Crowne and dignitie of our Soveraigne Lord King James that now is his heires and successors for ever And that all causes of instance and controversies betweene partie and partie at this day determinable in any of the said Courts heretofore taken and reputed Ecclesiasticall shall for ever hereafter bee taken reputed and adjudged to be causes meerly Civill secular and temporall as in truth they ought to bee and of right are belonging and appertaining to the jurisdiction of the Imperiall crown of this Realme And further that your Highnesse Leige people may bee the better kept in awe by some authorized to bee your Highnesse Officers and Ministers to execute justice in your Highnes name and under your Highnesse stile and title of King of England Scotland France and Ireland defender of the Faith c. in the said Courts and Consistories and in the said causes and controversies Be it therefore enacted by the authorities aforesaid That all the right title and interest of in and to the said Courts and Consistories and in and to the causes and controversies aforesaid by any power jurisdiction or authoritie heretofore reputed Ecclesiasticall but by this Act adjudged civill secular and temporall shall for ever hereafter actually and really be invested and appropried in and to the Royall person of our Soveraigne Lord the King that now is his heires and successors Kings and Queenes of this Realme And that it shall and may be lawfull to and for our said Soveraigne Lord and King his heires and successors in all and every Shire and Shires Diocesse and Diocesses within his Highnesse Dominions and Countries by his and their letters patents under the great Seale of England from time to time and at all times to nominate and appoint one or moe able and sufficient Doctor or Doctors learned in the Civill Law to bee his and their civill secular and temporall Officer and Officers Minister and Ministers of justice in the same civill secular and temporall Courts and Consistories which in and over his and their royall name stile and dignitie shall as Judge and Judges doe performe and execute all and every such act and acts thing and things whatsoever in and about the execution of justice and equitie in those Courts according to the course and order of the civill Law or the Ecclesiasticall canons and constitutions of the Realme as heretofore hath beene used and accustomed to bee done by for or in the name of any Archbishops Bishops Colledge Cathedrall Church Deane Archdeacon Prebendary or any other Ecclesiasticall person or persons whatsoever And that all and every such civill secular and temporall Officer and Officers Minister and Ministers Judge and Judges in his and their processe shall use one manner of Seal only and none other having graved decently therin your Kingly armes with certaine characters for the knowledge of the Diocesse or Shire And further be it enacted c. That it shall and may be lawfull by the authoritie aforesaid for our said Soveraigne Lord the King his heires and successors from time to time and at all times to nominate and appoint by his and their Highnesse Letters Patents under the great Seale of England for every Shire and Shires Diocesse and Diocesses within his or their highnesse Dominions one or more able and sufficient persons learned in the Civill Law to be his and their Notarie and Notaries Register and Registers by him and themselves or by his or their lawfull Deputie or Deputies to doe performe and execute all and every such act and acts thing and things as heretofore â—â— the Courts and Consistories Ecclesiasticall aforesaid hath beene and â—ow are incident and appertaining to the office of any Register or Notarie And further at the humble suit of the Commons c. it may please the King to have it enacted that all and singular matters of Wills and Testaments with all and every their appendices that all and singular matters of Spousals and Marriages with their accessories that all and singular matters of defamation heretofore determinable in the Ecclesiasticall Courts and if there bee any other causes of the like meere civill nature shall bee heard examined and determined by the said civill and secular Officers and Iudges in the said civill and secular Courts according to the due course of the civill Law or statutes of the Realme in that behalfe provided And that all matters of Tythes Dilapidations repayre of Churches and if there bee any other of like nature with their accessories and appendices shall be heard examined and determined by the said civill and secular Officers and Judges in the said Civill and Secular Courts according to the Kings Ecclesiasticall Lawes Statutes and customes of the Realme in that behalfe heretofore used or hereafter by the King and Parliament to be established And at the humble suite of the Commons may it please the King to
the Realm of Ireland of the K. highnesse most honourable privie Councell chosen by him for the assistance of his Royal person in matters appertaining to his Kingly estate and lastly of the supreme and grand Councell of the three estates in Parliament for matters concerning the Church the King and the common weale For whether respect be had unto the secret affaires of the Kings estate consulted upon in his Highnesse Councell Chamber by his privie Councellers or whether we regard the publike tractation of matters in Parliament there can be no man so simple as not to know both these privie and open negotiations to be carried by most voices of those persons who by the K. are called to those honourable assemblies And what a vaine jangling then doth the Admonitor keepe and how idely and wranglingly doth he dispute when against the government of the Church by Pastours and Elders hee objecteth that the same will interrupt the lawes of the Realme that it will bee great occasion of partiall and affectionate dealing that some will incline to one part and that the residue will be wrought to favour the other and that thereby it will be a matter of strife discord schisme and heresies Howbeit if never any of these extremities and dangers have fallen out in the common weale by any partiall ot affectionate dealing of the Kings Deputies Presidents Judges Justicers and other Officers and Ministers associated unto them for the administration of Justice or equitie in any of the Kings civill Courts how much lesse cause have we to feare any partialitie affection working inclination favour strife debate schismaticall or hereticall opinions if once Pastours and Elders in every Congregation and not throughout a Diocesse one Bishop alone had the spirituall administration of the Church cause Can many temporall Officers Justicers and Judges rightly and indifferently administer the Law and execute jâ—stice and judgement without that that some doe incline to one part and without that the residue be wrought to favour the other part And cannot spirituall Officers dispatch spirituall affaires without that that they be partially and affectionally disposed What is it so easie a matter that the Ancients of God and the Ministers of Christ can the one part incline to righteousnesse and the residue be wrought to favour wickednesse can some incline to God and unto Christ and can other some be wrought to follow Satan and Antichrist For what other controversie is requâ—red to be decided by Pastours and Elders than the controversie of sin between the soule of man and his God And is there any Christian Pastour or Elder that will be wrought rather to favour the sinne of a mortall man than the glory of his immortall God But to leave the state of the kingdome and common weale and the good usages and customes of the same let us come to the state of the Church it selfe and to the lawfull government thereof established even amongst us at this The government of the Church ought not to be by one alone day For whatsoever our Reverend Bishops practise to the contrary yet-touching ordination and deposition of Ministers touching excommunication and absolution touching the order and rule of Colleges Cathedral Churches and the Vniversities the Ecclesiastical law doth not commit the administration of these things and regiment of these places to any one person alone The Vniversities admit not the government of the Chancellour being present nor of his Vicechancellour The government in the Vniversities not by one alone The government in Colledges not by one alone himselfe being absent as of one alone the Doctors Procurators Regents and non-Regents have all voices and by most oâ— their voices the Vniversitie causes take successe The businesses of Colledges by the statutes of their founders are commended to the industrie and fidelitie of the President Viceprovost and Fellowes unto the Provost and Viceprovost and Fellowes unto the Warden Sub-warden and fellowes unto the Master and fellowes and unto such like Officers and fellowes The Cathedrall The government of Cathedrall Churches not by one alone Churches their livings and their lands their revenues and their dividents their Chapiters and their coâ—ferences depend upon the will and disposition of the Deane and Chapiter and not of the Bishop alone Neither can the Bishop alone by any ancient canon law pretended to be in force place or displace excommunicate or absolve any Ecclesiasticall person without the judgement of the Chapiter Ex de exces Prela c. 2. Exc. de hiis quaes cons cap c novit And aswell by a statute 21. H. 8. c. 13. as also by the booke of consecrating Archbishops c. the presence of divers Ministers and the people is required at the ordiâ—ation of every Minister As for the deposition or degradation of Ministers under the correction of the reverend Whether the degradation of a Minister be warrantable Monsieur de â— Iesis 164. in the 2 book of the Masse Bb. be it spoken I think they have not so much as any colour of any law for it The form of the degradation of a popish and sacrificing Priest by the Canon law can be no pretext to degrade a Minister of the Gospell because a Minister of the Gospell is not set into his charge per calicem patinam with a cup full of wine and dish full of hostes neither receiveth hee any character at all of a shaveling priest And because a Minister of the Gospell is ordained only after that manner which the statute law hath appointed how should the ordination made by so high an authoritie be undone by any other power unto the former manners of the administration of the causes of the Vniversities Colledges and Cathedrall Churches may be added the execution of Ecclesiasticall jurisdiction committed The ecclesiasticall Commission exercised by many commissioners and not by one heretofore by the Queen unto the Ecclesiastical Commissioners For althought by the words of the statute her Highnesse had full power and authoritie by her letters patents to assign name and authorize any one person a naturall borne subject to execute spiâ—ituall jurisdiction yet neverthelesse according to the laudable usages and customes of her Kingdome and courts temporall she evermore authorised not one alone but divers and sundry aswell temporall as Ecclesiasticall persons for the execution thereof Which manner of The ecclesiasticall commission commanded by the Bishops if it please the King may be enlarged unto all parishes wherin are godly preaching Ministers commission because the reverend Bb. commend the same and avow that it would do more good if it were more common it cannot but seem to be a most gratefull thing unto all good men especially unto those reverend Fathers if humbly wee beseech the king that his highnesse would be pleased to make it more common And therfore in the behalfe aswell of the reverend Bb. as of all the learned and grave Doctors and Pastours of every Church we most instantly
extraordinary alterations it is not only requisite to abolish all bad opinions out of the mindes of those that know not the drift of the enterprisers but it is also necessary that the defence of such alterations be made forcible against the opposition of all gainesayers we will descend to the particulars and joyne issue with the Admonitor And upon all allegations exceptions witnesses and records to bee made sworne examined and produced out of the holy Scriptures and Lawes of the Land already setled on the behalfe of our cause before our Soveraigne Lord the King his Nobles and Commons in Parliament we shall submit our selves and our cause to the Kings Royall and most Christian judgement In the meane time we averre that not only the former clause of this admonitory bill but that all other clauses following in the same bill for the invaliditie insufficiency indignitie and nullitie of them are to bee throwne out and dismissed from the Kings Court especially for that the particulars opened by the Admonitor can not serve for any reasonable warning to induce the common people to rely themselves upon his I am of opinion to the which we plead at barre as followeth ADMONITION First saith he the whole State of the Lawes of the Realme will be Page 77 altered For the Canon Law must bâ— utterly taken away with all Offices to the same belonging which to supply with other Lawes and functions without many inconveniences would bee very hard the use and studie of the civill Law will bee utterly overthrowne ASSERTION When by a common acceptance and use of speech these words whole State of the Lawes of the Realme are understood of the Common and statute lawes of the Realme that is to say of the Kings temporall Canon and civill Lawes no part of the Laws of the Realme but only by sufferance lawes and not of Canon or Civill lawes it cannot follow that the whole state of the Lawes of the Realme should be altered though the Canon and Civill Lawes with all offices to the same belonging should be utterly taken away and be wholly overthrown For no more could the Admonitor prove the Canon or Civill Law at any time heretofore to have beene any part of the Lawes of this Realme otherwise than only by ` a 25. H. 8. C. 21. in the preamble sufferance of our Kings acceptance long use and custome of our people than can any man prove a parsley-bed a rosemary-twigge or an ivie-branch to be any part of the scite of the Castle of Farnham And therefore he might aswell have concluded thus the whole scite of the Castle of Farnham will be transposed for the Boxetrees the Heythorne Arbours and the Quick-set hedges planted within the Castle-garden must bee removed and cast away which were but a proofe provelesse and a reason reasonlesse If then by the abrogation of the Canon or Civill Law scarce any one part of the lawes of this Realme should be changed what reason have we to thinke that the whole state of the lawes of the Realme must be altered Besides to conclude the whole by an argument drawne ab enumeratione partium and yet not to number the tenth part of such parts as were to bee numbred is I am sure neither good logick nor good law Moreover if all the Canon-law I mean all the Papall and forraigne Canon Law devised and ordeined at Rome or elsewhere without the Realm and consequently all the Offices and functions to the same belonging bee already utterly taken away what hope of reward can Civilians expect from the use of such things as are within the compasse of that law or of what efficacy is this argument to prove an alteration of any part of the lawes of this Realme or that the studie of the Civill Law should be utterly overthrowne For the whole state of the Lawes properly called the Lawes of the Realme hath stood and continued many years since the same Papall and Canon Law was abolished An imbasement for civilians to have preferment by offices of the Canon law The Canon law be abolished out of the realme and ought not to be used And as touching the Civilians for them to seeke after preferments by Offices and functions of the Canon Law is an embasement of their honourable profession especially since farre greater rewards might very easily bee provided for them if once they would put to their helping hands for the only establishment and practice of the Civill Law in the principall causes now handled by them in the Courts called Ecclesiasticall But how may it be proved that the Papall and forraign Canon law is already taken away and ought not to bee used in England For my part I heartily wish that some learned men in the Common Law would vouchsafe to shew unto the King and Parliament their cleare knowledge in this point In the meane season I shall not be negligent to gather and set downe what in mine understanding the Statute-Law hath determined thereof By the statute of submission 25. Hen. 8. revived 1 Eliz. as the very words and letter of the petition and submission of the Clergy of the body of the law and of the provisoes doe import the very true meaning and intent of the King and Parliament is evident and apparent to be thus as followeth and none other viz. That such Canons Constitutions and Ordinances Synodall or Provinciall which before that time were devised and ordained or which from thence orth should bee devised or ordained by the Clergie of the Realme being not contrariant or repugnant c. should only and alonely be authorised and to be put in ure and execution And consequently that all Canons Constitutions and Ordinances Papall and made by forraigne power without the Realm should wholly and utterly be abrogated adnulled abolished and made of no value The words touching the petition and submission mentioned in that Statute in substance are these Where the Kings humble and obedient subjects the Clergie c. have submitted themselves and promised in verbo Sacerdotii that they will never from henceforth presume No Canons provinciall or other to bee put in ure therefore no papall canons in force to attempt alledge claime or put in ure any Canons Constitutions Ordinances provinciall or other or enact promulge or execute any new Canons c. And where also divers Constitutions Ordinances and Canons Provinciall or Synodall which heretofore have beene enacted and be thought not only to bee much prejudiciall to the Kings prerogative Royall c. the Clergie hath most humbly besought Canons provinciall heretofore enacted being prejudiciall are to be abrogated the Kings Highnesse that the said Constitutions and Canons may be committed to the examination and judgement of his Highnesse and of two and thirty persons of his subjects c. and that such of the said Canons and Constitutions as shall bee thought and determined by the said 32. persons or the more part of them worthy to be abrogated
of the Common Law before the Kings Judges and Justices of the Kings bench and Common pleas By a Statute of 32. H. 8. c 7. it is cleare that all tyths oblations c. and other Ecclesiasticall or Spirituall profits by the lawes and statutes of the Realme may be made temporall as being admitted to be abide and goe to and in temporall hands lay-uses and profits From the reason of which statute it is cleare that those lawes likewise may be reckoned amongst us for temporall lawes which by the lawes and statutes of the Realme may be executed by temporall and lay persons and which are conversant about temporal and lay causes If then the execution of the Lawes touching these matters may lawfully remaine and abide in the hands of Doctors of the Civill Law being temporall and lay persons as alreadie under the Bishops they doe it cannot be denied but that the Kings Judges and Justices of both benches may bee as competible Judges to put in execution the lawes concerning these matters as Doctors of the Civill Law or other lay men be But the causes are not reputed and called temporall and lay causes amongst us What for that if in their owne nature simply considered these causes be merely lay and temporall causes such causes I meane as whereof the King a lay civill and temporall Magistrate by his lay civill and temporall Magistracie derived unto him immediately from the holy law of God may and ought to take cognizance and thereupon either in his owne Royall person or by the person of any of his inferiour Officers may give absolute and peremptorie judgement If I say these things be so what booteth it or what wisedome is it to contend that these causes and matters have been and are still adjudged to be therefore Ecclesiasticall and no temporall causes because through an abusive speech or through a vaine and evill custome they have beene so led and accompted in times past And what if it hath pleased the Kings Progenitors by sufferance to tolerate the executions of such Lawes as concerne these things to bee in the hands and power of Ecclesiasticall persons yet hereupon it followeth not that in very deede and truth the Magistracie of the said Ecclesiasticall persons was an Ecclesiasticall Magistracie or that they were Ecclesiasticall Magistrates but their Magistracie was and remained still a temporall magistracie and they were and abode temporall Magistrates For not more can the qualitie of the person alter the nature of the cause than can the qualitie of the cause alter the nature of the person And if it be true that matters determinable in times past by a Magistracie abusively called Ecclesiasticall be notwithstanding properly temporall matters and that the same Magistracie also be a temporall and no spirituall Magistracie what a childish and poore conceit is it to challenge and threp upon the temporall Magistrate that he hath none or very few temporall lawes touching those matters and that therefore the people should not solicit an alteration of abuses in Church government left for want of temporall lawes the people should bee without Ecclesiasticall discipline It will be no small matter saith he to apply these things to the temporall law yea and so say I to But what of that The question is not how hardly these things may be applyed to the temporall law but how small a matter it were to apply the temporall law unto these things For it is not said in any law that casus ex juribus but it is said in all lawes that ex casibus jura nascuntur The temporall law may easily be applyed to causes now reputed Ecclesiasticall And indeed the Phisition applyeth not the disease to his Phisick but he prepareth his phificke for the disease The husband-man he measureth not his ground by the seed but his seed by the ground The Draper he meateth not his yard by the cloth but his cloth by the yard If in like manner the temporall lawes and the grounds and rules thereof were applyed to these matters of tythes marriages c. whereof he speaketh what more alteration could there bee of the temporall law by such an application then there is an alteration of the plummet by laying it to the stone or than there is an alteration of the rule or yard by laying them to the timber and cloth Besides he that rightly and after an exact and equall proportion can apply one rule or maxime of the temporall law to many more cases than whereupon it hath beene usually in former times applyed hee may rather bee reputed an additioner than an alterer of the Law But how may the temporall Law be applyed to those matters how even so and so as followeth By the statute of 32. H. 8. c. 7. it is declared that tythes oblations how tythes may bee recovered in the Kings temporall Courts c. and other Ecclesiasticall or spirituall profits c. being lay mens hands to lay uses be no more Ecclesiasticall but temporall goods and profits and that if any person were diseased deforced wronged or otherwise kept or put from his lawfull inheritance estate seisin c. of in or to the same by any person claiming or pretending to have interest or title in or to the same that then in all and every such case the person so disseised deforced or wrongfully kept from his right or possession shall and may have his remedie in the Kings tempoâ—al Courts as the case shall require for the recoverie of such inheritance by writ originall c. to be devised and granted out of the Kings Court of Chancery in like maner c. It is there likewise provided that that Act shall not extend nor be expounded to give any remedie cause of action or suite in the Courts temporall against any person which shall refuse to set out his tythes or which shall detaine c. his tythes and offerings But that in all such cases the partie c. having cause to demand or have the same tythes shall have his action for the same in the Ecclesiasticall Courts according to the ordinance in the first part of that act mentioned and none otherwise Now then sithence every person whether he be lay or Ecclesiasticall having right to demand tythes and offerings hath the partie from whom those tythes be due bound and obliged unto him and sithence also the partie not dividing yeelding or paying his tythes doth actually and really detaine the same and thereby doth unjustly wrong the partie to whom they be due contrary to justice and the Kings lawes sithence I say these things be so what alteration or disadvantage could befall or ensue to the Common Law or the Professors thereof if so be it might please the King with his Parliament to have the last part of this Act so to be explained extended and enlarged as that the same might give remedy in the Kings temporall Courts by writ originall to be devised and granted out of the Chancerie against
temporally as the other doth spiritually And certes it seemeth that the Admonitor was drawne very dry of reason when hee was faine to plucke this stake from the hedge to make a fire and to kindle the wrath of the Magistrate against the forme of Discipline by Pastors and Elders For whether hee intendeth that the Pastors and Elders will think themselves to have injury if they deale not in all causes of the Common-Weale as well as in all causes of their Churches or whether hee meant that the common people wâ—ll easily transferre the government of the Common-Weale from a Kingly Monarchie to a noble Aristocracie there is neither soothnesse nor soundnesse in his meaning For sithence the Leaâ—ned Ministers against the reverend Pastors disclaime to deale in civill matters Bishops by the holy rules of our faith maintaine that it is not lawfull for a Mâ—nister of the Gospell to exercise civill Magistracy and that it is not lawfull for the man of God to bee intangled with the affaires of this life how is it probable that those Ministers will easily oppugne their owne knowledge by their owne contrary practice Or how is it probablâ— that they would overleade themselves with that burthen to ease the Church whereof they have contentedly exposed themselves into a number of reproches contempts bytings and persecutions As for that other intendment of â—he Admonitors that it is gâ—eatly to bee feared that the common people will easily transferre Monarchy unto Democracie or Aristocracy if the principles and reason thereof by experience were made familiar in their mâ—nds this reason I say might seeme to carry some shew of affrâ—ghting a Monarch if the same were insinuated unto a King whose people were never acquainted with the Principles and reasons of Democracy or Aristocracy but this feare being insinuated unto our late Soveraigne Lady the Queene whose people ever since the time they first began to be a people have had their wits long exercised The people of England have their wits exercised with the sense of Democracy Aristocracy with the sense and feeling of the reasons and principles as well of Democracy as also of Aristocracy what sense had the Admonitor to urge this feare That in the Kingdome of England the common people have already the sense and feeling of the reasons and principles of Democracy cannot be denyed For in every cause almost as well of criminall as civill justice some few only excepted to be executed in the Common-Weale by the common lawes of the Realme have they not some hand and dealing in the same by one meane or other Nay which is more have they not the sense and feeling of the making and unmaking their own laws in Parliament And is not their consultations in Parliament a meere Democritall consultation As much also there is to be avowed for the sense and feeling of the reasons and principles of Aristocracy to be already in the minds of the Peers the Nobles the Iudges and other great men of the Realme For are not the Wisest the Noblest and the chiefest taken out of these by the King to be of his Counsell and to be Iudges and Iusticers in his Courts Yea and is not their Assembly also in Parliaments a meere Aristocraticall assembly And what translation then is there greatly to be feared out of the Church to be made into the Common-Weale when the minds of all sorts of our common wealthes men be already seasoned with the things which hee feareâ—h And when the Common-Weale is already seized of the Principles and reasons which he would not have familiarly knowne unto it Wherefore that the King the Nobles and Commons may no more be feared with the strangenesse of these uncouth and unknown Greeke names of Democracy and Aristocracy written in his booke with great and Capitall Letters I have thought it my duty by these presents to informe them that the government of the Church by Pastors and elders now wanting amongst us and desired to bee brought into the Church by the Soveraigne authority of our King Nobles and Commons in Parliament for the outward forme and manner thereof is none other manner of Government nor forme of policie than such as they and their Progenitors and Ancestors for many hundred yeares together without interruption have used and enjoyed in the Common-Weale And that therefore it will be a very easie matter to transferre the same to the government of the The manner of Policie by Pastors and Elders in the Church is agreeable to the government in the common weale The government of the Church by prelacy disagreeable to the government used in the common weale Church For by the reasons and principles of their owne government in the Common-weale and by the sense and feeling thereof they may well bee induced to thinke that they have injury if they have not as much to doe in matters of the Church as they have to doe in matters of the Common-Weale seeing they touch their commoditie and benefit spiritually as the other doth temporally And withall on the other side I shall doe my best endeavour to advertise them that the government of the Church by Prelacy is such a manner of Government as was never yet in the administration of justice by any subject no not touching the outward forme thereof once admitted into any part of Common-Weale and that therefore the same if it may please the King will very easily bee sent and transmarined unto Rome whence it first came and where it had it originall and birthright And to the end that wee may clearely discerne whether the nature of the Government of the Church by Prelacy or the nature of the Government desired to be planted by Pastors and Elders be more agreeable to the nature of the policy received and used both by the Nobles and common people in the Common-Weale it is necessary that the manners and formes both of Prelaticall and Pastorall Government bee made familiar unto the minde of the Reader And because wee have already declared the manner of the election and confirmation both of a Bishop into his Episcopall See and of a Minister into his Pastorall charge what the one is by the Law already established and what the other by a Law desired to be established ought to be wee will not any more speake of their entrance into either of their places unlesse onely a little to recreate the Reader we meerely note what answer some Bishops have made when as long chasing after Bishoprickes they have chafed in their mindes for feare of losing The answer of an Italian Bishop loth to lose his Bishopricke their prey as was the answer of that Italian Bishop who being thrice demanded of the Archbishop as the manner is vis Episcopari vis Episcopari vis Episcopari and being willed by one standing by thrice againe to answer as the manner is nolo nolo nolo Hee making nâ— bones at the matter answered aloud with an The answer of an