Lyndw. ne clerici vel monac c. vlt. PRESENTI DECRETO c. Wee ordeyne by this present decree that Clearkes beneficed or placed in holy orders bee neyther admitted gouerners of Villadges as to be Stewards or Bayliffes of such administrations by occasion whereof they might be lyable to make accounts vnto laye men neyther yet that they exercise anye secular iurisdiction speciallye those whereunto iudgement of bloode is annexed And from these decrees I conclude thus 1 Whosoeuer ought to attend vppon the alter and to giue him selfe to prayer and making of supplication ought not by anye testament to bee made a Tutor or Gardian 2 But euery one honored with the holy priesthood and placed in the ministery of Clearkes ought to attend vppon the Alter and apply him selfe to prayer making of supplication 3 Therefore none honoured c. and placed c. ought by any testament to bee made a Tutor or Gardian 1 Whosoeuer is gouernour of any Village Steward or Bayliffe of anye liberty or bayliwicke is by vertue of his office accountable to the laytie 2 But no Clearke beneficed or otherwise placed in holy orders by occasion of temporall officers ought to bee accountable to lay men 3 Therefore noe Clearke beneficed or anye other placed in holye orders ought to bee anye Gouernour Steward or Bayliffe THE lyke constitution was made by Octobone sometimes Legate from the Popes side here in Englande and speciallye publyshed againste the excesse of our Englishe Cleargy in this behalfe Constitu Octob. ne clerici iuris secular exerceant CVM HONESTATIS c. Insomuch as it is reputed a speciall decency of ecclesiastical honesty to be farre estranged from carnall actions we deeme it a very heynous and filthy thing that handes deputed vnto heauenly ministeries shoulde be intangled with secular affayres Or that certaine Clearkes seeking after earthly gaines and temporall iurisdiction thorowe a foule and greedy rauine doe receiue from lay men seculer iurisdiction and be called Iusticers and minister iustice which they cannot minister without a dissipation and iniury of ecclesiasticall order Therefore we desirous to extirpate this horrible vice straightly forbid all persons of churches and Vicars with perpetuities yea also all other manner of persons whatsoeuer placed in the ministery that they presume not to take any secular iurisdiction of any secular person or to exercise the same according to the precepts of holy Canons by this present Constitution we straightly inhibite that none placed in spirituall warfare presume to exercise in the secular court the office of an aduocate eyther in the cause of bloud or in any cause whatsouer saue onely in such causes as are permitted vnto him by Law And we likewise forbid that any cleargy man shoulde presume to bee eyther a iudge or an assessor Which constitutiō of Octobone as it seemeth in some sence and in some respect to exempt cleargy men altogether from the power and soueraignty of Kings and princes denying them indeed power ouer the Cleargy and so in this sense be contrary and repugnant to her highnesse Crowne and prerogatiue royall and therefore not authorised by act of Parliament though in the end the same Legate seeme to allowe the Kings priuiledges adding these words Saluis domini Regis priuilegiis Sauing the priuiledge of my Lorde the King So in another respect and in another sence if regard be had to the generall equitye of the inhibition we shall finde the same to agree altogether with the reasons of the former prouisions For in this constitution the Legate allegeth other reasons then before were alleaged and forbiddeth other offices then by the former were forbidden The reasons may be gathered thus 1 Whatsoeuer is iniurious vnto the ministerye or breedeth a dissipation of the ministerye the same may not be lawfully layde vppon the ministery 2 But to be deputed a minister of iustice to be made an aduocate a Iudge or an assessor is iniurious to the ministerye and breedeth a dissipation thereof 3 Therefore these offices may not be deputed vnto them 1 Whatsoeuer may be cause that the cleargy by any foule fault should swarue from the workes of fayth the same may not lawfully be layde vpon the cleargy 2 But to be made a Iustice an aduocate a iudge an assessor in seculer Courts may be cause that the Cleargye shoulde swarue from the workes of faith 3 Therefore Cleargye men lawfully maye not bee made Iustices aduocates Iudges or assessors in seculer courtes WHich two reasons of this prouinciall decree may probablie seeme to haue beene collected out of some more auncient Canons long before that time established wherby the like offices were forbidden and principally for these causes following 21. q 3. peruenit Gloss non exerceant Extra de vit honest cler c. clerici consecratio distinc 5. c. First that for filthy lucres sake they meddle not with taking to hire possessions seculer causes Secondly that thorough slouth idlenesse they separate not themselues from the holy ministeries Thirdly that they runne not a gadding to the Courtes of seculer princes And lastly because the Psalter should neuer be out of their handes And not onely vpon these groundes haue these Lawes at the first had their essence and establishment but sundry other considerations as forceable as these are apparantly known to the learned in the laws for the ouerthrow of ciuill Iurisdiction in ecclesiastical men In the administration of ciuil Iustice euery one in commission of peace without respect eyther of the person or of the cause oughte indifferenly and vnpartially to execute his office For bee a man once sworn in commission of peace he may not afterwards deale with hearing of what causes he list hee may not take notice of halfepeny matters and post ouer matters of bloud to his fellow iustice hee may not onely set an ende betweene neighbour and neighbour for shrewde wordes passed but he must prosecute the murtherer to death he must take his examination and he must send him with a Mittimus to the Iaile He must at the generall Sessions of gayle deliuery certifie the murtherers confession Now because it is a matter very haynous by the ecclesiasticall lawe in force that any ecclesiasticall person shoulde bee present in any place where any sentence is giuen for the sheading of bloud much lesse to bee a minister of Iustice in a cause of bloud Therefore ciuill iurisdiction for this cause also is forbidden ecclesiastical men And among many constitutions I haue thought good to recite onely these that follow Extra ne cleric vel mon. c. clericis CLERICIS IN SACRIS ORDINIBVS c. It is not lawfull by the Councell of Toletane for Clearkes placed in holy orders to handle iudgement of bloude Wherfore we prohibit that they by them selues neyther chop of any members or cause any to be chepped off For if any shall doe such a thing let him be depriued of his honour and of his place And agayne
gatherer of charges belonging to the treasury or to take to him either publike or other mens possessions or to be a steward of an house or proctor in any cause of controuersy or yet to become a suerty in any such causes that by this occasion both no hurt be wrought against the churches and that the ministeries be not hindred By wâ—ich Law the Emperour we see vsing the authority of an Emperour and exercising his imperial power ouer the Cleargy within his dominions and regarding the peace and quietnesse of the Church and to keepe the Cleargy as well as the residue of his people in due obedience of his Lawes and within the compasse of their calling hath established these his owne lawes for them his owne subiectes to be ruled and gouerned by Neither staieth hee him selfe in the prohibition of these offices alone but proceedeth further further with the like De epis cler Auth. presbiteros EPISCOPOS autem velmonachos tutelam alicuius personae subire non permittimus And as touching Bishops or Monckes we suffer them not to take on them the ouersight of any Orphane And again the Emperour Iustine writing to Archelaus the chief of the pretory commanded thus Cod. de epist cler l. repentita REPETITA PROMVLGATIONE non solum iudices quorum libet c. Wee repeating our Proclamations think it good not only that the iudges of euery tribunall or iudgement seat but that the gouernors of the churches of this excellent City amongst whome this most filthy kind of proouing dead mens willes haue crept in before warned that they meddle not with a thing which by the disposition of our Laws appertain not in any wise to any other then onely to the Mayster of oure reuenewes For it is absurd yea rather an ignominy for Cleargy men to shew themselues cunning of common Pleadings And the trangressors of this ordinance we deeme shall be punished with the losse of fifty poundes of Gould The reason of which constitution may bee drawne from another Law of the Emperour wherein is prohibited the selfe same thing QVI SVB. c. Wee thinke that the deceite of these men ought to be met with who vnder a pretense of being Deans or collegiat men when they perfourme no such duety endeuour by reason of other chardges to withdraw themselues that none vnder colour of some one office which hee dothe not execute might be eased of the weight and burden of an office which by duety he should execute And againe the same Emperour saith Cod. de testa l. coÌ„sulta diualia Cod. de dona l. in hac l. secunduÌ„ diui ff de decurio l. seuerus ff de iure immunit l. semper §. sina ABSVRDVM EST. c. It is against all rime or reason that offices shoulde be mingled together without order or consideration and that one man shoulde catch a thing committed to the credite of another man And therefore in another Lawe we finde it written thus Non est dubitandum quin nauicularii non debent decuriones creari quia vtrumque officium gerere non possunt It is out of all doubt that Shipmasters cannot bee made Senators or captaines because they cannot exercise both offices Agayne the Emperour still respecting the equity and reason of his former sentences and iudgementes saith thus PLACET nostrae clementiae vt nihil commune clerici cum publicis actionibus vel ad curiam pertinentibus cuius corpori non sunt annexi habeant It is our gratious pleasure that cleargy men haue no communion with publike functions or belonging to the court vnto whose body they are not incorporated And by this law saith the Glosse cleargy men can not be iudges aduocates or proctors in secular causes And will you know then sayth the same glose by what meanes Cleargie men haue gotten into their handes approbations of wils and Testamentes Glos ibidem ver coÌ„petit Quia modicum lucrum pro hiis dabatur clerici cupidi hoc sibi vsurpabant Because a little gaine was giuen for them couetous cleargie men haue vsurped them l. hiis quidem Cod. qui milit non pos lib. 12. l. 1. ff de colleg illicit Pride ambition couetousnesse and usurpation the beginning of ciuill iurisdiction in Cleargy men By the order and discipline of war it is vnlawfull for one souldier to take the paye wages allowed for two souldiers In societies of Cities and Townes corporate and other houses of companies and fellowships it is not lawfull for one to be gouernour ouer two companies of diuers craftes and misteries And againe Cod. de prox sacro scrut lib. 12. l. hac parte in fi Cod. de assesso l. fi NVLLO MODO c. Let them not in any wise take vnto them double offices or be written or enrolled in two regesters heaping by that meanes vpon one man manie commodities and leauing nothing for the residue Because Qui ad vtrumque festinat neutrum bene peragâ—t He that hasteneth vnto two things at once can performe neither of them rightly according to these prouerbiall verses Qui binos lepores vna sectabitur hora Vno quandoque quandoque carebit vtroque He that in one instant a brace of hares will trayle Shall loose the one sometimes sometimes them both shall fayle The reason why Bishops and Archdeacons exempt and disburthen them selues from generall hearing and determining causes of instance and iudgement of law committing the same vnto their Commissaries and officials Doctors of the ciuill law I suppose to be either for that them selues beeing ignoraunt of the law are desirous to haue iustice ministred by men skilfull of the law or els that they hauing dispatched them selues of all outwarde care touching the outwarde man might be wholly dedicated to the trymming and decking of the inner man not onely touching them selues but others also committed to their charge And if they for these respectes and to auoyde ignominy and reproch shun the executioÌ„ of law properly as they say and altogeather belonging vnto them what reason can they pretende to take vppon them the execution of the lawes of this Realm no whit pertinent to their callinges and whereof by all reason they are lyke to be more vnskilfull then of their owne Canons and constitutions By which Canons they are not onely forbidden as before to exercise any Ciuill iurisdiction for other men but also though the same concerne their owne seruauntes Extr. ne cler vel monac c. fi lib. 6. QVOD SI EPISCOPVS c. If any Bishop haue any temporall iurisdiction he ought to commit the same to some laye man that he maye take punishment of all malefactours Now if a bishop may not exercise his owne temporall iurisdiction descending vnto him by lawfull inheritance or otherwise belonging vnto him ouer his owne Tenants within his owne franchisementes and liberties in his owne person but ought to depute the same to an other how much lesse
of lay men as in trueth it is already executed by lay men yet the Courtes of Arches and Audience and the Court of Delegates might remayne and continue still and as they ought indeede so they might in worde as well and better to bee called the Queenes Courtes of Arches and Audience as the Archbysh of Canterburies Courtes of Arches and Audience As conuenient for the Doctors to attend vpon the Queene as vpon the Archbysh And as good a sight it were as dutiful a part for my masters Doctoures of the Ciuill Lawe in their Scarlet robes to attend vppon her Maiestyes roiall person in case she passed thorough Paules as to attend vppon their Lordes grace his person And as touching euery other Consistory nowe called the Bpshoppes or Archdeacons Consistory for auoyding of confusion and many iudgement seates if they were vnited and reduced in euery Shiere or euery Diocesse to one consistorye it mighte lykewise haue the name of the Queenes Consistorye and the Courtes bee called the Queenes ciuill Courtes as wherein according to the natures and qualities of the causes before specified Ciuill Iustice might bee ministred and the Popish ecclesiasticall Lawe abandoned and as a froth or filth bee spewed oute of the Common Weale Her hignesse can not more gratify the Pope then by executing his lawe For assuredlye by no meanes can her Maiestye so much gratifye her capitall enemye as by authorising and practising his Lawes nor by no meanes can shee more honour the Lord then vtterlye to abandon all semblaunce of any gouernment proceeding from an enemye and Traytour to his Maiestye Neyther were it a Dodkin matter so little is his Lawe worth in her state and gouernment to haue all Bookes of her enemyes Lawes layde on a heape in Smithfielde and sacrificed in Fire vnto the Lorde her owne common and statute Lawes the Ciuill Lawe for the exellencye thereof receyued among all Nations and certayne prouinciall Constitutions made heretofore at her Auncestours commaundement haue for the moste part alreadye and where neede is speedilye maye haue sufficient matter in them for the gonernment of the Church and Common weale without any helpe from the Laws of the enemy of the church and Common weale Instit de iur natu genti ciui § sed quod The Lawe of a King is as it were the mouth of a King for that he alwayes speaketh by his Lawe And if wee suffer the Pope to speake amongest vs as a King doe wee not honour him as a King If wee imbrace his power doe wee banish his personne If you say that they bee not executed as his Lawes but as ours I aske you agayne why shoulde they at all be executed as oures For in trueth they doe lesse good vnto vs then an Herb-Iohn doth as is sayde in the Potage for that Herbe doth neyther good nor harme But these Lawes doe annoye vs vvonderfullye and they doe vs no manner of good at all They are altogether needelesse they are altogether Bootelesse I woulde to GOD they were altogether footelesse too For touching the gouernment of the Church wee haue first the perfect and altogether righteous Lavve of God to rule the same by Secondlye wee haue her Maiesties Iniunctions the common and Statute Laws of the Realme and the prouinciall constitutions conteyning in effect whatsoeuer ought in anye case by any subiect to bee practised within this Realme Touching the administration of Iustice in anye ciuill cause before mentioned and wherof practise is made in the ecclesiasticall Court there is nothing good in the whole body of the Canon Lawe concerning the same but the same hath beene culled out of the Ciuill Lawe it is but an Epitomy of the Ciuill Law The rules of the Cannon Lawe are for the most part rules taken out of the Ciuill Lawe onely there is this difference that by the Cannon Lawe a man in some case shall not in his whole life time get an end of his suyte as these parties that had a cause depending in the Popes Court twentye foure yeeres and yet in all that space Lis non erat contestata an issue could not bee ioyned wheras by Ciuill Law a cause in the first instaunce ought to bee finished within three yeeres at the vtmoste or else the Agent becommeth non suite And if vppon cause the matter bee appealed after definitiue sencence the same cause of appeale ought ordinarily to bee ended within one yeare or vppon some iust cause extraordinarilye happening vvithin two years Otherwise the appeale is frustrate so that in both instaunces fiue yeares onely must bee spent in suit of law And nowe what reason is there that the Canon Lawe shold be still canonized amongst vs when it was ordeined that none should proceed in any vniuersity doctor of the Canon lawe I thinke the meaning of the ordinance cheefly was that leauing no hope of preferment to the professours thereof the thing being of it selfe so vile they shoulde loose no labour in the study thereof But I will conclude that in as much as by the Canons Constitutions ordinaunces and synodalles prouinciall made before the 25. yeare of Henrye the eyght Byshpos and all other Cleargy men are forbidden to be Vicountes Presydentes Iustices Stewardes Bayliefes gouernoures of Villadges Iudges Aduocates Assessors Tutors Gardians Ouerseers runnagates to seculer Courts farmers of temporall possessions receyuers of reuenewes present in anye place where mencion of anye processe or iudgement is to bee awarded agaynste anye man to the sheading of bloude And in asmuch as they are commaunded to apply themselues wholly to Prayer and supplication and not to neglect their office and to intangle them selues with worldlye businesse And for as much also as the Emperour hath vppon substantiall reasons and principles inhibited the Cleargy vnder his Dominions the like offices to the end there mighte bee no confusion of gouernment nor mingling of offices nor Iustice vnministred nor one to defraude another and for as much also that such Canons Constitutions ordinaunces and synodalles prouinciall before specified bee not contrariant nor repugnaunt to the Lawes Statutes and Customes of this Realme nor to the domage or hurt of the Queenes Prerogatiue royall but rather for the establishment of the same the same Canons beeing both founded vppon the Lawe of God whereby her prerogatiue standeth and is vpholden and confirmed by the Lawes of reason and nature and also ratified by the consent of Emperoures and nations that therefore these Canons constitutions ordinaunces and synodals prouinciall ought to be vsed and executed as they were before the making of the Act 25. Henry the eight and that therefore it is vnlawfull for Archbishops bishoppes or anie Cleargie men to beare any ciuill office in the common wealth If any except that before 25. of Henry the 8. bishops and Cleargie men did vse and execute those offices and that therefore these Canons were not then in vse and executed and therefore not in vse now or to
attende to reading to exhortation and to dwell in the same 2 But the minister taketh vpon him the office of teaching amongst the people of God 3 Therefore he ought to attende to reading to exhortation and to dwell in the same 1 He that hath taken vppon him the office of a teacher amongst the people of God ought to bestow his labour in preaching and in doctrine 2 But a minister hath taken vppon him the office of a teacher 3 Therefore he ought to bestow his labour in preaching and in doctrine Wherevnto agree diuers other decrees following THe reason why a Prior shoulde haue knowledge and be learned is for that the lawe chargeth him with cure of soules Ex. de statut Monacho c. cum ad Monasterium § prior PRIOR AVTEM c. Let the Prior in comparison of the rest next after the Abbot be a man of power as well in deede as in worde that by his example of life and word of doctrine he may instruct his brethren in that which is good and draw them from euill hauing zeale of religion according vnto knowledge both to correct and chastise offendours and also to comfort and cherish the obedient Out of which constitution I conclude thus à similibus ad similia From like vnto like 1 Whosoeuer cherisheth and comforteth the obedient to the faith and correcteth or improoueth the disobediēt must be mighty in word deed 2 But euery minister ought to cherish and comfort the obedient to the faith and to correct and improoue the disobedient 3 Therefore euery minister ought to be mighty in word and deed ANd therefore sithens both in this and in the former constitution the law maker abused the worde of the Lord and applieth it to haue the people taught false religion I meane popishe religion for that was the intent of the decrees And seeing the Chaplaine of the deuil applieth the truth to establishe his diuilish doctrine and vnder colour of verity were so carefull to feed the soules of them that beare his markes with errour superstition and false religion popishe religion Seeing I say the superstitious lawmaker was so carefull for his superstitious time Our chieffe Prelates who haue not yet abandoned the pollicy of this traiterous lawmaker as perilous for the gouernment of the state of the Lordes houshold ouer whom they chalenge the gouernement but with tooth and naile mainteine this his pollicy to bee a pollicy meete for the Lordes seruaunts to be guided by what can they aunswere in the defence of their wilful disloyalty to the lord in this behalfe The law which the enemy vnto the Lorde did make in the time of popery for maintenance of popish procurations popish dispensations popish ceremonies popish non residentes popish excōmunications popish visitations popish paiments of oblations popish courts of faculties popish licences the very same lawes and the selfe same ordinances to serue their owne turnes they turne to the maintenance of their prelacies dignities and ministeries vnder the Gospell A reason of these their doings if they were demanded I coniecture wold be this namely that a law appointed by the aduersary to abuses hauing good groūds may be applied to good vses that it is not executed now any more as the popish law but as the law apertainīg to hir highnes crown and regall dignitie being established by the high Court of Parliament Wherin touching the former they sayd somewhat if the matter did consist inter pares and that the most highest as it were accusing him that he had not dealt faithfully in his fathers houshold giuing them as parfect a lawe for the gouernement of his housholde by discipline as by doctrine And yet by their leaues why then should not this law of the enemy last specified nay rather now there owne lawe hauing better groundes and better reasons for the validity thereof then the lawes mentioned before concerning their prelacies and dignities c. Why I say should not this be as auaylable with them now to exhort the people vnto the truth as it was with the idolaters to exhort vnto lyes to dehort now from popery as it was then from the Gospel to instruct men now in the true knowledge of Christ as it was then to teach men the knowledge of Antichrist to correct offendours now against piety and holy religion as it was then to correct contemners of impietie and prophane religion to comfort and cherish the obedient now to the faith as it was thē to comfort cherish the disobediēt to infidelity Paganisme Touching the acts of Parliament sithence they chaleng by them immunity for the cōfirmation of their abuses it were requisite for them to giue the seruauntes of the Lord leaue a little to chalenge as great a priuiledge by the same for the stablishment of the right vse of things thorow their default yet amisse out of frame with vs. If the cause of the former in truth verity be as good as the cause of the latter in shew semblance onely yea if it be farre better for theirs in truth is starcke naught and the lawe authorize for the one in deede that that the same law in appearaunce onely approoueth for the other If for their fellow seruants sakes they will not be more fauourable vnto their Lord and masters cause yet were it expedient for them to be intreated to be more fauourable to the iustice and equity of their own lawes then continuallye by placing vnable men in the ministery therby as it were accusing the same of imperfection and in sufficiency as though it tollerated any such thing when as in truth it doth nothing lesse euermore speaking as followeth Extra Cum de priuilegiis c. inter cuncctas § verum quia VERVM QVIA c. But because after baptisme amongest other thinges the propounding of the worde of God is most necessary vnto saluation whereby the hearers hearing that which is our victory be instructed in the faith be taught to flee thinges to be auoyded and to followe thinges to be followed by which such as by sinne are fallen doe rise againe we haue great care that such brethren be promoted which by sweet oyle of the worde may comfort our subiectes may forbid them sinnes may nippe the woundes of their sinnes by reprehension and may prouoke and induce them to purge and wipe their offences with bitternesse of repentaunce Vnto the execution whereof the knowledge of the lawe of God is required the integritie of life and soule is to be had For it is written Thou hast refused knowledge and I will refuse thee that thou be no Priest vnto me because the lips of the Priestes keepe knowledge and they search the law at his mouth For otherwise he can not as his duety is discerne betweene sinne and sinne c. All which decrees of themselues are plaine and sufficient inough to impugne and ouerthrow all opinions whatsoeuer vainely conceiued against the prouision and validitie of law
maye dispence with the reason of the law or take away the soul life of the law so none may dispence with the law or take away the law Now for as much as it is not lawfull for all the Princes in the earth to change or dispence or take away the reasons and causes of the Lawes prohibiting many benefices Therefore it is not lawfull for them to chaunge or dispence or take away the lawes against pluralitites The reasons vvherevppon pluralities are forbidden are reasons taken from the lawe of nature and from the equitie of the lawe of God Institutio de iure nat gen ci § sed naturaliâ— but none can alter or take awaye the lawe of nature or dispence with the lawe of God therefore none can alter or impugne or dispence with the reasons of either of them For as the lawe of nature is immutable so is the reason of the Lawe of nature immutable and as the vvill of GOD is vnchaungeable Iam. so is the equitie of his Lawe vnchaungeable to If then naturall reason be the cause and soule and lyfe of a naturall lawe and the will of God the onely cause of the Lawe of God and his onely will the rule of all iustice vnchangeably none can challenge authoritie to change or dispence with the Law of nature or with the lawe of God but hee must foorth with challenge authoritie to dispence both with the reason of the Lawe of nature and with the pleasure and will of God And theeefore out of the premises I conclude thus 1 Wheresoeuer the cause of a prohibition is perpetuall there the prohibition ought to be perpetuall 2 But the cause of the prohibition against pluralities is perpetuall 3 Therefore the prohibition ought to bee perpetuall 1 Euery law grounded vpon the reason of nature the equity of the law of God is immutable 2 But the lawes prohibiting pluralities are grounded either vppon the reasons of nature or vppon the equitie of the law of God 3 Therefore all the lawes prohibiting pluralities are immutable Institut de iure natu gent. ciui § sed naturalia THe first proposition of the firste syllogisme hath bene prooued already the first proposition of the 2. syllogism is manifest Omnia naturalia sunt immutabilia All naturall things are immutable Iames. and there is no altering or shadowing by turning with the almighty The second proposition of either syllogisme shall be manyfested by that that followeth But first to aunswere the falacies before spoken of because pluralities are not forbidden by law positiue of man alone but prohibited also by the lawe of nature and by the lawe of God therefore it followeth that they may not be tollerated by law positiue of man alone And therefore if pluralitie men woulde fitly argue to conclude their purpose they should frame the same after this sort 1 Whatsoeuer is prohibited by the lawe of man alone the same by the law of man alone may be licensed againe 2 But pluralities are forbidden by the law of man alone 3 Therefore they may be licensed by the law of man againe THe second proposition of which syllogisme beeing vtterly false you see euidently wherein the conclusion halteth and the fallacie consisteth and therefore I conclude against them thus 1 Whatsoeuer is forbidden by the law of nature and by the Law of God the same cannot be licensed by the law of man alone 2 But pluralities are forbidden by the law of nature and by the lawe of God 3 Therefore they cannot be licensed by the Lawe of man alone And againe 1 Whatsoeuer ratifieth a thing monstrous and against nature the same may not be priuiledged by the law of man 2 But dispensations for Pluralities ratify monstrous things and things against nature 3 Therefore dispensations for Pluralities may not be priuiledged by the law of man THE seconde Proposition of the first Syllogisme shal be prooued in his place The second PropositioÌ„ of the last Syllogisme I prooue from the etymology or discription of a priuiledge or dispensation for a priueledge a dispensation in effect signify both one thing Glos lib. 6. de rescript c. vers in principio Extra de iudic c. At si clerici § de adulteriis Priuilegium dicitur quod 〈◊〉 contrâ—… commune in fauorem aliquarum personarum super prohibitis disponsatur quia permissa iure communi expediuntur prohibita vero dispensatione egent A priuiledge is saide to be that that for the fauour of certayne priuate persons commeth foorth agaynst common rightâ—… things prohibited are dispensed with because thinges permitted are dispatched by common right but thinges forbidden require dispensation By which discriptions of a Pryueledge and dispensation it is apparant that a Priueledge and dispensation for pluralities must license and authorise that that the Lawe against Plurality doth infringe and disalow and so be a Lawe contrariant and repugnaunt to the Lawe against Pluralities but the Lawe against Pluralities is the Lawe of nature and the Lawe of God Therefore a Priueledge or dispensation for Pluralities is against the Law of nature against the lawe of God a more monstrous law was neuer established Now that pluralities are forbiddeÌ„ by the Law of Nature by the lawe of God which was the second Proposition of my first Syllogisme I prooue thus All the reasons whereupon the positiue Lawe of man against Pluralities was first established are taken and drawne from the Lawe of Nature and from the Lawe of God The reasons and causes of the prohibition are these First the auoyding of couetousnesse of Ambition of Theft of Murther of Soules of a Dissolute a roaging and a gadding Mynistery the necessity of comlinesse and decency in the Church are speciall and primary causes for the prohibiting Pluralities but all these are forbidden or commaunded by the Lawe of God therefore the causes of the prohibition of Pluralities are grounded vppon the will of God and therefore immutable and therefore not to bee dispensed with Againe for one man to haue the Stipends of many men for one man not able to discharge his duety in one place and yet to haue many chardges in many places committed vnto him for one man to hinder another man from ordinary meanes to doe good to the Churche all these causes I say are seconde causes for the prohibition of Pluralities but all these causes are causes of reason and nature therefore by the Lawes of reason and nature Pluralities are forbidden and therefore not to be dispensed with no more then theft or murder or blasphemy may be dispensed with And if Antichriste thinke it Theft Rauine Couetousnesse Ambition Pride Murder of soules for one man to haue many Benefices without dispensation if Antichrist account the hauing of many benefices without dispensation to be a meete meane to maintain a roauing a gadding and a dissolute Ministery to foster extortion and vnlawfull gaine what shall the seruauntes of the Lorde Christe the sonne of the
graunted For in truth either the defect of the qualitie of the person or the want of a iust cause in lawe doth frustrate and make voyde euery dispensation For neither can a man qualified and in all respectes capable of a dispensation enioye the benefite thereof vnlesse he maye also enioye the same vpon a good ground and iust cause warranted by lawe Neither can a iuste cause and good ground approoued by Lawe bee sufficient matter to induce a Iudge to graunt a dispensation to him that is vnable and vnapt to receiue the same A man well Lettered singularly qualified and endued with vertue and godlinesse or of some noble house and parentage is by Lawe a fit and meete man to enioye moe benefices by dispensation then one Neither is it a sufficient qualification for one destitute of learning to become a Chappleine onelye to some Noble man For the statute prouiding that some Noble mens Chappleines shoulde be made capable by dispensation to retayne moe benefices doth not thereby take away the qualities requyred to be in such persons by common right but addeth a new qualitie requisite to be had of euery one and so maketh the law stronger and of more efficacie against pluralities Panor in c. ex parte l. 3. de verb signi fi fol. 189. nu 3. Statuta debent intelligi quod aliquid addant iuri communi Statutes ought so to be vnderstoode that they may adde somewhat to common right Extr de prebend c. ff de multa Circa sublimes literatas personas quae maioribus beneficiis sunt honorandae cum ratio postulauerit per sedem apostolicam poterit dispensari Concerning men of Nobilitie and learning who with greater benefices are to be honoured the Apostolike sea if reason shall requyre may dispence with such And in an other Chapiter the same is confirmed Extr. de elec c inâ—…otuit MVLTA ENIM in hoe casu dispensationem inducere videbantur literarum scientia morum honest as vitae virtus fama personae multipliciter a quibusdam etiam ex fratribus nostris qui eum in scholis cognouerant approbatae Manie thinges in this case seemed to leade to the graunting of a dispensation his learning his honest conuersation his vpright life and the good report of the person diuersly commended euen by some of our brethren which knew him at schoole These giftes and graces these qualities and these conditions are incident and appertayne by common right to these men that by way of dispensation maye possesse manie benefices Whosoeuer then is not commendable for his learning for his honesty for his sincere life or not of some auncient and noble familie the same man by lawe is vtterly barred and secluded from this benefite The second qualitie requyred to the validitie of euery dispensation is the waightinesse of some speciall cause as appeareth in the Chapiter before recited in these wordes Cum ratio postulauerit When reason requyreth Extra de voto c. 1. And againe we aunswere sayth Alexander the thirde in a decretall Epistle written to the Bishop of Exceter that it belongeth to the iudgement of him that is President that he consider diligentlye the cause of commutation and so accordingly to dispence And by the Chapiter Magnae Extra de voto It is playne and euident that there must be some speciall cause knowen for the which euery dispensation is to be graunted For as I sayde before to the ende that euery dispensation be good and auaylable by Lawe there is requyred necessarilie both the abilitie of the person to whome and the iustice of the cause for which the same ought to be gyuen For neither maye an able man without a iust cause neither a iust cause without an able man mooue the Iudge in anywise to dispence And to tell you what these speciall causes are in few wordes they are these vrgent necessitie and euident vtilitie of the Church Extra de ele c cum nobis Propter vrgentem necessitatem euidentem vtilitatem ecclesiae Capuanae quam in hac parte potius approbamus volumus ipsum firmiter perdurare Necessitie vtilitie of the church only iust causes of a dispensatioÌ„ For the vrgent necessitie and euident vtilitie of the Church of Capua which on this behalfe we rather haue respect vnto our pleasure and will is that he continue It is vnlawfull by common right for a Monke or Layeman to be admitted to the gouernment of any church with cure of soule yet notwithstanding if by reason of warre famine persecution or other extraordinary cause the office of pastorall teaching did cease so that the people had none to instruct them in the way of saluation 1. q. 7. requiritis §. nisi now in this case it is lawfull for him that hath authoritie to dispence with a Monke or Layeman endued with learning to the ende he might by instruction bring the people to knowledge It is vnlawfull that children borne of a Nun violently taken away and marryed should be admitted to any Ecclesiastical orders NotwithstaÌ„ding if the great profit or necessitie of the church require they may by dispensation be admitted Suppose there were a custome of long coÌ„tinuaunce and time out of minde in the Church of Paules contrary to the first foundation of the Church that not onely the Prebendaries daylye present at diuine seruice but also others absenting them selues should receiue euery one a like some dayly pention either in money or some kinde of victuall this custome by law is voyd because it is vnreasonable And yet notwithstanding anye iust and necessary infirmitie of the body of any prebendary or euident vtilitie of the same Church may be a lawfull and sufficient inducement for the Ordinary to dispence with the not restoring of that which was vnlawfully taken vnder pretence of the former custom If by the first foundation of the church of Paules twelue prebendaries were appointed to be maintayned by the reuenues of the Church and the sayd reuenues were not sufficient for the maintenance of these twelue the Bishop then in this case if the necessitie and vtilitie of the Church so requyre maye annect certayne other Chappels for the maintenaunce of the sayde prebendaries These examples do sufficiently prooue that euery dispensation priuiledge or immunitie ought to be graunted vpon some iust and reasonable cause and that the sayde iuste and reasonable cause ought euermore to be the vrgent necessitie and euident profit and commoditie of the Church And that the sayd vrgent necessitie and euident commoditie of the Church ought euermore to be vnderstoode the well gouerning of the soules of the people If therfore neither vrgent necessitie or euident vtilitie of the Church requyre that any one should haue many benefices yea rather if it be most profitable and necessarie for the Church that one man should haue but a liuing appoynted for one man and that by ioyning benefice to benefice and Church to Church the Church indeed is
otherwise then that there hath but little good growen to the Common weale hitherto by the bishops and Cleargie men in the Administration of Ciuill iustice And that therefore such as haue written or spoken or preached againste Ciuill iurisdiction in the Eclesiasticall state haue done it for two vrgent and waightie considerations Friendes of reformation friendes of the queenes maiesties prerogatiue First not to encounter hir maiesties prerogatiue as it is falsely supposed but to teach their Lorde and maisters truth They haue not doone it in disobedience to hir crowne but in obedience to their God They know it is better to obey God then men and therefore they haue laboured faythfully by the worde of God to perswade hir maiestie and the estates of the Realme that these offices ought not by the Lawe of God to be resiaunt in one person and therefore hath exhorted hir maiestie and them in the name and feare of God to vse hir prerogatiue and theire authorities to the seuering of them Secondly they haue preferred the generall welfare and commoditie of the common weale before the vnlawfull honours and promotions of priuate men They know by learning and haue prooued by experience what detriment maye insue to the Common weale when offices are committed to men ignoraunt of such duties as belong vnto their charge A man that hath spent all the dayes of his lyfe in the studie of Grammar or Oratorie and hath alwayes taught the same were a very vnfit man at the age of threeschore yeares to be made a publique Keader in Phisicke or Law and yet notwithstanding to remayne a Schoolemaister still Expedit reipublicae vt quisque officio suo fungatur It is expedient for the Common weale that euery one execute his owne office And I am of opinion that the friendes of reformation are greater friendes and mayntainers to and of hir highnesse prerogatiue then the others be For they ascribe vnto hir maiestie indeede truth and veritie that which the others do but in worde shew and semblaunce onely They earnestly desire and craue that as hir highnesse hath beene annoynted and Crowned by the Lord him selfe Queene and gouernesse ouer them and as she is their naturall and onely lawfull Ladie and Mistresse and as she hath the name title and stile of supreame and chiefe ruler ouer all persons in all causes So likewise the causes now accōpted Ecclesiasticall beeing meere Ciuill shee might in deed truth and veritie haue all and all maner of iurisdiction executed in hir maiesties owne name as well in Courts and iudgements nowe reputed Ecclesiasticall as in other hir maiesties Courtes temporall whereby hir Ciuill gouernement might be more enlarged Which thing the abettours of reformation perceiue now to be otherwyse Forall summons actes proceedinges sentences decrees and iudgementes in all causes and controuersies determinable before Archbishops Bishops and Archdeacons are begunne continued and ended in the Archbishops bishops Archdeacons their Commissaries or Officials names stiles and dignities without any relation or mention of authoritie gyuen unto them as proceeding from hir maiestie then the which there can not seeme anye thing more preiudiciall to hir state Crowne and dignitie For be it that they be created Archbishops and Bishops by hir highnesse and inuested into their seas at hir Graces commaundement yet this argueth no greater prerogatiue belonging vnto hir maiesty ouer them then such as she hath ouer hir other subiectes whom she createth Barons or dubbeth knights But as concerning common and ordinarie iurisdiction in causes reputed Ecclesiasticall they haue no letters patentes from hir maiestie conuaying vnto themas from hir royall person any power ouer hir subiects to heare and determine their causes in hir highnesse name and vnder hir gouernement Onely they execute such iurisdiction as by popishe constitutions or popish customes hath beene heretofore annexed to their Archbishopprickes bishopprickes and Archdeaconries and that by an vtter enemy to hir royall person state and gouernment B. L. to his colleague Comissioners In so much that some of them by Letters hath signified vnto their Colleague Commissioners that common and ordinarie authoritie in causes ecclesiasticall chiefly and almost onely belong to them selues and their officers And that commissions from hir maiestie for reformation in matters ecclesiasticall graunt onely an extraordinarie authoritie And that therefore the sayde Commissioners haue not to heare matters of instance and such as requyre iudgement of lawe for that such causes belong onely to them selues and their officers whereby they haue insinuated hir maiestie to haue no common or ordinarie authoritie in causes ecclesiasticall as they them selues haue Whereas all other courts within hir highnesse Empyre as leetes courtes Baron courtes of regarde courtes of Forrestes I leaue to speake of hir highnesse owne Courtes at Westminster all liberties and franchises all parkes and free warrens belonging to any of the Nobilitie Gentrie or any Citie or borow of this Realme haue euer had their beginninges and establishmentes by the gratious fauour of the Kinges of this Realme as from whose prerogatiue such dignities and immunities ought franckly to proceed and by whom onely they haue beene graunted Onely oure Church gouernours challenge not their authoritie as from hir sacred seate of iustice and princely throone but they challenge their authoritie as a power belonging to their owne seats deriued from an vsurped and forren power 17. pag. ◠28. Henry c. 16. The statute made that euery Archbishop and bishop of this realme and of other the kings dominions may minister vse and exercise all and euery thing and thinges pertayning to the office or order of an Archbishop and bishop with all tokens ensignes and ceremonyes therevnto belonging and that all Archdeacons and Deanes and other hauing offices cures and dignities spiritual may by authoritie of this act and not by vertue of any forren power or authoritie administer vse and exercise all things appertaining to their dignities offices orders cures religions felowships and may lawfully hereafter vse all tokens ensignes and ceremonyes which they haue beene accustomed to vse in times past so it be not expresly against the lawes of God and this Realme This statute I say hauing beene the rule of our Archbishops and bishops consciences for their gracinges there Lordinges there vsheringes their kneelinges there tastinges their cupbearinges and such like improoueth no whit any part of the force of the former assertions but rather confirmeth and fortifieth the same First the statute hauing relation onely to tokens ensignes and ceremonies accustomably administred vsed and exercised before the making of the statute all which beeing Antichristian and therefore expreslye against the lawes of God are plainely by this statute abrogated and therfore ought no more to bee administred vsed or exercised For though the Kinge the peeres and commons at that time not instructed in the vnlawfulnesse of them did not holde and repute them to be againste the lawes of God and therefore did not specially abridge any particuler
and to take awaye all occasion from others to seeke preferment in that house at hir maiesties hands they of late haue inuented a new deuice and practized a new tricke where they were by the order and foundation of the house bound yearely to make elections of such schollers as might presently at the time of the election be placed in the vacant roomes they now either at one time choose a greater number of schollers for them selues then are places vacant and so make but one election in two yeares or else so soone as any place by the departure of any schooler is voyd they foorthwith in the name of the Deane or some Prebendarie chop an other in his roome by meanes whereof either hir maiesties letters are delayed vnto the ende of two yeares or else remayne altogeather frustrated so kinde hearted these no Precisians and these no Puritanes haue beene and so thankfull they haue shewed them selues for their maisterships Deanries and Prebendaries receiued at hir maiesties hands by hir gratious bountie and liberallitie And therefore since they striue so egerly for such tryfles and vse such foule shiftes to shut hir out of doores and make hir schollers packehorses and set them at the Cartes tayle in hir owne Colledges I thinke a man may gesse twice and yet not gesse so nigh as to gesse that Cleargie men enemies to reformation rather then they woulde loose their dignities woulde if it laye in their power gyue hir Highnesse prerogatiue the Canuysadoe They allow hir maiestie a royall power to shred greene Olyue braunches but to roote vp olde rotten dotterelles they deny hir anye such authoritie they can bee contented hir maiestie shoulde strippe poore men cloathed with sackecloath but mighty men decked in scarelet shee may not touch or once looke awrye vppon No cause of the name of ecclesiastical court Concerning the Courtes and iudgement seates of Archbishops bishops and Archdeacons hitherto reputed and called Ecclesiasticall Courtes I can see no reason in the worlde why they shoulde be any more so esteemed taken or reputed or why anye matter or cause or suite or controuersie commenced in those places shoulde or ought to be called or counted Ecclesiasticall For though in times past I meane in time of popery they might probably and coullorably be so called either for that Cleargy men alone were Iudges and exercised iudgement in them either for that such parties as betweene whom suites did depend were for the most part meere church men either for that all peticions and actions made and begunne in those Courtes were for such matters and causes as whereof church men onely by vsurpation challenged vnto them selues the decision and determination yet now so it is that all these reasons fayle and are of no force For with vs at this day though Archbishops bishops and Archdeacons be Cleargie men and chiefe amongest the ecclesiasticall seat yet notwithstanding Doctors of the Ciuill lawe meere laye men as they call them and no whit beneficed by priuiledge of Cleargie exercise all iurisdiction reputed Ecclesiasticall in their consistories and by the ordinaunces of the Realme are made competent and lawfull Iudges in these Courtes 25 Henrici octui Where one suite now dependeth or these manye yeares hath depended in the same Courtes betweene Cleargie men alone one hundreth almost are and hath beene depending betweene laye men alone the causes them selues are all for the moste part mere Ciuill and belong onely to the Ciuill court Approbations and insinuations of Willes and Testamentes by expresse wordes as you haue hearde out of the Ciuill lawe are absolutely prohibited vnto Bishops and all other Cleargie men And so consequently for that Appendices sequuntur principalis subiecti naturam Accessories follow the nature of the principall subiect All causes of Legacies Bequestes Accountes Inuentaries Commissions of Orphanes gooddes and whatsoeuer else may be incident to anye of those causes are vtterly forbydden Causes of wrongfull and iniurious slaunders infamous Libels and contumelious crymes causes of contractes and marriages causes of dowrie and diuorce causes of filiation and legitimation of children matters of Vsurie and whatsoeuer appertayneth to the decision of these causes are causes meere ciuill and pertaine to the ciuill magistrate and therefore sithence Archbish Bish and Archdea to disburthen them selues may lawfullye commit the hearing of these causes from them selues yea and very seldome or not at all execute their iurisdictions by them selues but continually and effectually do surrogate and depute Doctors or Bachelors of the Ciuill lawe What iniurie to their persons or alteration of the state and gouernment can it be in case hir maiestie by hir prerotiue did commit the same causes vnto the same men and make the bishops men hir men and their commissaries hir presidentes Touching matters of tith it is lawfull for the chiefe Iustice of the kings bench where any vsage or custome by any partie is pretended to paye lesse then the whole tith as suppose the twenteth or forteth part of his tithes Yea in some cases where no tith at all is payde as vpon the statute of tith wood beeing timber trees aboue twentie yeares groweth to prohibite in hir maiesties name euery iudge ecclesiasticall that hee proceed not to the determination of any such cause and so to take vnto him selfe the hearing and determination of the same according to the common lawes of hir highnesse realme There is small diuersitie of reason why the same or some other Ciuill magistrate may not as well heare and determyne all and singular causes of tithes after what maner or forme soeuer they be payde as whereby long continuaunce of tyme they haue beene customablye payde after such and such sort or where no payement at all hath beene made In the seconde or thirde instaunce when appeale is made from an Archbishop Bishop or Archdeacon into hir highnesse high Court of Chauncerie or Delegates in any case whatsoeuer hir maiestie by the prerogatiue of hir Crowne and dignitie hath absolute power to appoynt such men to set a finall ende and ordinate direction therein as by their wisedomes shall be thought consonant to equitie right and good conscience There is no disparity of reason why in the first instaunce shee maye not as well haue like authority or why like authority from her or by her Maiesty may not lawfullye bee committed to any of her subiectes though no ecclesiasticall persons but onely seculer and laye men Neyther by this meanes shoulde the course of Lawe touching appeales be taken away but the same might be still practised as now it is In the prouinces belonging to the Romaine Empire though presidents and Proconsulles had their Commissions from the Emperour yet appeales were notwithstanding made from those Gouernours vnto the Consistories and tribunall Seates of the Emperoures imperiall City of resyaunce and cheefe aboade And therefore though the Gouernmentes nowe reputed Ecclesiasticall but in trueth Ciuil were absolutely translated from Ecclesiasticall men and put into the hands
AN ABSTRACT OF CERTAIN Acts of parliament of certaine her Maiesties Iniunctions of certaine Canons Constitutions and Synodalles prouinciall established and in force for the peaceable gouernment of the Church within her Maiesties Dominions and Countries for the most part heretofore vnknowen and vnpractized Cod. de Epis Cler. l. Nulli licere ¶ Neyther let them feare to be called and suspected pick-thankes seeing their faythfulnesse and diligent trauell carrieth with it as well praise as honestie and godly zeale hauing published the trueth to the eares of all men and brought it to the open light PROVER 31. 8. Open thy mouth for the dumbe in the cause of all the children of destruction To the Christian Reader THou hast seene beloued by long experience a lamentable contention to haue growen and continued in our English Church about reformation of Ecclesiasticall discipline and popish ceremonies whereby the quiet peaceable estate both of the Church and coÌ„mon wealth haue been shrewdlie troubled and brought in hazarde The causes of which warre and dissention I leaue to the good consideration of thy godly wisedome onely I am to intreat thee to accept this my labour bestowed vpon the study of the lawes appoynted for the gouernaunce of the same Church hoping that by the authoritie of hir excellent maiestie and the counsayle of the honorable fathers gouernours of her highnes empire they may hereafter not only be better executed but also if the case so require be reuisited For were the same Lawes either better knowen vnto the whole church either better executed by those vnto whome our gratious Soueraigne hath committed their Execution no dout but very many notable points of such controuersies as haue beene a long time amongst vs woulde be easily speedily by the same laws decyded I am not beloued in this so waighty a cause absolutely to rest my selfe vpon the skill of mine own simple iudgment onely according to the knowledg giuen vnto me I haue for my part faithfully laboured to cite the lawe for that end purpose wherunto I take the same to haue beene first ordeined And therfore I am heartilye to desire thee to accept of this my labour trauail vndertaken not onely for the defence of her highnesse Lawes but also for my brethren and neighboures sakes and that peace and prosperity mighte bee within the walles and pallaces of Ierusalem Farewell and pray in thy spirit for the preseruation of the life of our gratious Queene Elizabeth An Abstract of certaine Actes of Parliament of her Maiesties Iniunctions Canons and Synodals Prouincial established and in force for the peaceable gouernement of the Church within her Maiesties Dominions heretofore for the most part vnknowen and vnpractized BY an act of Parliament made the 25. H 8. C. 19. intituled An act concerning the submission of the Cleargie c. It was enacted as followeth Prouided also that such Canons constitutions ordinaunces and Synodals prouinciall being alreadie made which be not contrariant nor repugnant to the lawes statutes and customs of this realm nor to the domage or hurt of the kings prerogatiue royal shal now stil be vsed executed as they were before the making of this act c. This act is reuiued 1. Eliza. ca. 1. Out of this act I conclude that al Canons constitutions ordinances and synodals prouincial made before this act requiring and commanding a learned Ministery prohibiting many benefices to be giuen to one man prohibiting ciuil iurisdiction to be in Ecclesiasticall men and prohibiting one man to excoÌ„municate for that such Canons c. cannot be contrary or repugnant to the lawes of this realme nor hurtfull to the kings prerogatiue are in force ought to be executed and therefore by this act all the Canons specified in any part of my treatise are in force so by vertue of this act a learned ministerie commanded Plurallities forbidden c. A learned Ministerie commanded by the Lawe Ex De elect Cap. Nihil est NIHIL EST c. There is nothing that may hurt more the Church of God then that men vnworthie are taken to the gournment of soules We therefore willing to applie a medicine to this disease decree by an inuiolable constitution that when any shal be chosen to the gouernment of soules he to whome the confirmation of his election appertayneth diligently examine both the processe of the election and the person elected to the ende that if all thinges concurre aright he may confirme him in his function For otherwise if any thing shall be vnaduisedly attempted not onely â—e that is vnworthily promoted but also the vnworthie promoter him selfe shall be punished and if any man shall approoue any of insufficient learning of an vnchast life or not of lawful age when his negligence herein shal appeare we decree him to be punished thus not onely that he be â—uite depriued of power to confirm the next successor but least by any meanes he might scape vnpunished that he be also suspended from the commoditie of his owne benefie Out of which constitution these conclusions may briefly thus be gathered 1 Whatsoeuer is hurtfull to the Church of God the same is to be forbidden 2 But it is hurtful to the Church of God to haue vnworthie men takeÌ„ to the gouernment of soules 3 Therefore the same is to be forbidden 1 He that cannot worthily execute his office is â—ot to be admitted to holy orders and Eccleâ—…asticall dignities 2 But a man of insufficient learning of vnhonest coÌ„uersation can not worthily execute his office 3 Therefore such a one is not to be admitted to Ecclesiasticall dignities IF any iudge the meaning of this Chapiter to bee onely of superiour Prelates as Archbishops bishops Abbotes or such like elected by some common society of canons Monkes Friers or collegiat Priests because of these words Election Confirmation properly applyed to such not to inferior Ministers which are properly sayd to be presented and instituted then is such both diligently to marke the reason of the decree prouiding a remedie against the detriment that might redounde to the Church in both cases if for both remedie were not before hand prouided And also to vnderstande that the name of Prelate is by law attributed likewise to euery Parson and Vicar hauing cure of soules D. ex de cleric aegrotant c. sua glos lynd Consti de sacra iterand c. ignorantia vers prelati Quia quilibet qui praeest curae animarum dicitur esse Prelatus Euery one that is preferred to the cure of soules is named by this name Prelate And also that election and confirmation in and to the superiour functions haue but the very same effect to the obtaining of their promotions that presentation and institution haue to the inferiour Ministers for enioying of their benefices then is such I say to consider all these thinges together with the end of the chapiter where speciall charge is giuen for inferiour offices And so
no doubt he will forthwith conceiue the truth and surcease this surmise for otherwise the decree following shall conuince him manifestly of an errour Ex. de penit remissio c cum inâ—…mitas The soules is first to be cured PRESENTI DECRETO c. By this present decree we charge and straightly commaunde that the Phisitions for the body when they shall be called to any sicke persones they first varne and induce the patients to call for the Phisitions of their â—…ules that when they shall haue prouision for spirituall health they may proceede to the more holesome remedy of bodilie health considering the cause ceasing the effect likewise ceaseth Here you see the law is generall and extendeth to all in generall as well to poore gentlemen and poore parishioners as to greasy Monkes Friers and Canons seeing the soules of both may be infected and the reasons may be thus gathered 1 That which is most pretious is first to be cured and that which is spiritually diseased is spiritually to be cured 2 But euery mans soule is most precious and euery mans soule is spiritually diseased 3 Therefore euery mans soule ought first to be cured and euery mans soule ought spiritually to be cured OVt of which conclusion followeth this coÌ„sequent namely sithence euery soul is spiritually infected euery soule spiritually infected must be spiritually cured that therefore euery soule ought to haue a spiritual Phisition able to apply a spiritual medicine and to cure his spiritual disease otherwise it were absurde to command that spiritual diseases should be healed without spirituall phisitions appointed to that purpose But this is too too plaine we will proceed Ex. de aetat quali c. penult CVM SIT ARS ARTIVM c. Considering the gouernement of soules is an Art of all Artes we straightly commaund that the Byshops either by themselues or by other fit men do instruct or diligently informe them that are to be promoted to be Priestes touching holy offices and Ecclesiasticall Sacraments how they may be able rightly to celebrate them For if they shall hencefoorth presume to ordeine such as are vnskilfull and ignorant we decree that both they that do ordaine and they that are ordayned be subiect to grieuous punishment For it is a thing more holy especially in the promotion of Cleargie men to haue a few good Ministers then a great many euill because of the blind lead the blind they both shall fall into the ditch 1 Vnskilfull and ignoraunt men ought not to bee admitted to an office wherein greatest knowledge and cunning is required 2 But to the gouernement of mens soules greatest knowledge and greatest cunning is required 3 Therfore to the gouernment of the souls of men vnskilfull and ignoraunt men are not to be admitted THe first proposition is prooued by two reasons the one à comparatis by a comparison the other ab euentu from the euent The second proposition is the reason of the lawe it selfe because the gouernement of soules is ars artium a cunning past all cunninges The former reason which is by way of comparison is euident It is a thing much more holy to haue a little good then much euill Wherevnto agreeth that which is written in the 23 distinction chap. tales Tales ad ministerium eligantur clerici qui dignè possunt c. Let such Clearkes be chosen vnto the ministerie which may worthily handle the Lordes Sacraments For it is better to haue a fewe Ministers which may worthily exercise the worke of God then many vnprofitable c. In Cod. De veter lure enuclea l. 55 contrarium Authen De tabell coll 4. Authen De referen in sine coll 2. And in like case the Emperour Melius est pauca idonie effundere quam multis inutilibus pregrauari melius est pauca agere caute quam multis periculose interesse multitudo on erosa nihil habet honesti It is better to vtter a few things aptly then to burthen men with manâ— things vnprofitably And it is better to do a few thinges warely then to be conuersaunt in many thinges daungerously And a multitude altogether burdensome hath no shew of honesty And againe the Canon coÌ„cludeth Tutius-est ea sine periculo ex necessitate quae legem non habet omittere c. It is more safe to omit those thinges without daunger vppon necessity which hath no law then that through rashnesse condemned by law they should not without great danger be vainly conferred Wheras a certaine shadow only may appeare in the deed but no truth follow in effect Al which principles by common experience are so well familiarly knowen vnto euery one of vs that they need few colors to paint them out For as touching our foode and dyet our furniture apparrell our pastimes and pleasures our businesse and affayres we can euery mothers son deeme it farre better to haue a little sweete and holesome meat cleanly dressed than many dishes vnsauourly seasoned that a woman fine and neat in simple attyre is more to be commended then one vngainely apparrelled in sumptuous robes That a man were better to keepe one proper horse or one high flying Fawcon a kilduck then ten resty iades or ten bangling bussardes That one discreete painfull and diligent seruant wil do his master more honesty and get him more lucre and aduantage then twenty idle and loytering merchaunts And can we be so prouident for our bodily sustenance so vigilant for our earthly pleasures and so circumspect for our worldly affayres and shall we be altogeather blockes and without all sense of vnderstanding what is most healthfull most pleasant and most profitable for our soules Can we be wise touching the affayres of this life and shall we be foolish for the life to come Can we be heedfull for matters momentanie and of no valew or continuance and shall we be heedlesse in matters of eternity and such as concerne our beatitude for euer If any man thinke that a few good ministers wil not serue to bring the people of God vnto God will he therfore conclude that he may lawfully appoint many Ministers of the diuels culling to bring them to the deuill The second reason is taken from the sequell or euent which might happen if remedy were not sought If the blinde lead the blind they both shall fall into the ditch 15. Distinc nomine Constitutio Otho quam ad venerabiles And it hath many other groundes and conclusions of law to sounde it selfe vpon namely Talis debet eligi cuius comparatione caeteri grex dicantur Et minister debet esse forma gregis ad quam se debent subditi reformare debent esse ministri in exemplum quasi signa posita ad sugittandum Such a man ought to be chosen to haue the charge of a flocke in coÌ„parison of whom the multitude he hath to gouerne may in deed be called a flocke and the minister ought to be the forme of the
flocke wherevnto the inferiour sort ought to reforme them selues and the Ministers ought to be examples as marks for others to shoot at These groundes and reasons amongst the greatest part of our Ministers haue had no place or interteinment at al but are vtterly turned topsy turuie For where by these Maximes they should be seers where they should goe and step before others in knowledge as guides to conduct them where they shoulde for their pietie and honest conuersation be patterns for others to square out their actions by where they shoulde be markes for people to ayme and shoot at they be now for the most part cleane contrary euen the very tailinges and garbage of the people and such as can scarce say B. to a battledore Markes in deede to ayme at but such as the nearer a man should shoot at the more it would be his hinderaunce Examples in deed they be but alas such examples as it rueth good men to see howe many by them are drawen to vngodlinesse and vnhonestye to Alehouse haunting to dicing to table playing to Carding to bowling to bearebayting yea and that on the Lordes day too But I say that notwithstanding these things be thus abused yet the law prescribeth still how they should be better vsed as followeth Li. vi de elect c licet Canon LICET CANON c. Although the Canon of Alexander the third our predecessor among other things did ordaine that none should take vpon him the gouernment of any parishe Church vnlesse he had accomplished the age of 25. yeeres and were commendable for his knowledge and honestie yet because in the obseruation of the foresayde Canon many haue shewed themselues negligent We by execution of Lawe willing to supplie their perillous negligence ordaine by this present decree that non be admitted to the gouernement of any parishe Church vnlesse he be fit for his manners for his knowledge and for his age And againe INFERIORA MINISTERIA c. Let no man take vpon him the inferiour ministeries as a Deanrie an Archdeaconrie and others that haue cure of soules annexed neythar yet the charge of a parrishe Church vnlesse he haue accomplished the age of 25. yeares and be to be approued for his knowledge and conuersation These constitutions do expresly prohibite any person to be admitted to the gouernment of soules and so to any parish Church that is not qualified as you here why Non conuenit talem aliis praefici in Magistrum qui nondum se nouit esse discipulum It is vnseemely that such a one be appointed a master ouer others which as yet hath not knowen him selfe to be a disciple And againe 49. Destinc cap. sacerdotes Authen de sanct epis §. Damus ff De â—…curio L honores 3 cap. distinc § Glos consti Otho cum sit ars Debet promotus esse literatus quia cum ipse debet alios docere non debet ipse discere He that is promoted ought to be learned in as much as he taking vpon him to teach others him selfe ought not now to learne And againe Honores munera non ordinationi sed potioribus iniungenda sunt Honours and offices are to be giuen to the best approued not to an ordination alone And again Debet promotus omni poscenti reddere rationem He that is promoted ought to giue a reason to euery one that asketh And againe Cura animarum debet vigiliis onerosa esse sollicita vt iste cui committitur curet ne pereant subditi sed saluentur The charge of soules ought through watchfulnesse to be painefull and carefull that he to whom it is committed be diligent to foresee that the people perish not but rather that they may be saued And againe 8 q. 1. Licet ergo Et qui doctior est sanctior est eligendus And he that is the more learned and the more holy is to be chosen And euen vpon the selfe same reason namely that the souls of the people shoulde not be in perill for want of teaching It is ordayned that no Church with cure of soules shoulde be destitute aboue a certayne time prefixed and lymited for the prouision of some man able to guyde the people Ex De elec Ne pro Defectu NE PRO DEFECTV c. Least for want of a Pastour the rauening Wolfe should destroy the Lord his flocke or that a Widow Church shoulde suffer great hinderaunce in hir substaunce we willing in this case both to meete with the perill that might happen to soules and also to prouide for the indemnities of the Churches doe ordayne that a Cathedrall Churche or regular Church be not voyde aboue three monethes Perill of soules the cause why a time is limitted for the placing of a Pastor within certaine Moneths And againe euen for the selfe same causes and considerations in the Chapiter Nulla ex de concessio prebend And in the Chapiter Quoniam ex de iure patro It is commaunded that if a laye man or Cleargie man Patron of a benefice present not his Clearke the one within sixe monethes the other within foure monethes That then afterwardes it shall and maye be lawefull for the superiour to supplie their negligence and to place one able to goe in and out before the people to guyde them to teache and instructe them They who by vsurpation exercised authoritie ouer the Lordes people did in the tyme of darkenes so carefully prouide that the people vnder their pretensed gouernement shoulde not be vnprouided as they imagined of a seer to foresee the danger that might insue towardes the soules of the people aboue the space of foure or at the moste of sixe monethss What excuse now remayneth for them that challenge the like authoritie ouer the people of the Lorde in the time of this great light and manifestation of his sonne suffering many thousande flocks to want sheepheardes and so to be in daunger of the Wolfe not onely sixe monethes but now almost sixe and twentie yeares for so long as they want a sheepehearde so long are they in daunger of the Wolfe but they want a sheepheard so long as they want one able to gouerne them to exhort and to admonishe them to rebuke and comfort them ff De verb. signi l. aedificium §. profecisse Paria enim sunt omnino non fieri aut minus rite fieri qui minus soluit non soluit perficisse aedificium videtur qui ita statuit vt in vsu esse possit It is all one in effect whether a thing be not don at all or not rightly and duely done He is sayde not to pay at all which payeth lesse then is his due to paye And he is sayde to haue perfected a buylding which hath so framed it that it may be inhabited Perill of soules cause of renunciation And againe for this purpose euen to auoyde the perrill of soules the Lawe prouideth that if anie man through want
had relation to the time to come And yet notwithstanding this kind of speach would haue been but a harshe kinde of speach namely to saye Take thou authoritie to preache when thou shalte haue authoritie to preach couplinge the present tense with the future tense the time present with the time to come applying that to them selues but men which is onely proper and peculiar to the holy Ghost vsing the future tense and the time to come for the certaintie of the euent thereof instead of the present tense and the time present But these wordes take thou authoritie to preache the worde to the congregation in the place where thou shalt be appointed is a very proper kinde of speach and the wordes them selues carrie with them a naturall sence As if the statute should haue precisely and absolutely sayd thus In what place soeuer thou shalt hereafter be appoynted to execute the office of a minister thou hast now authority giuen thee to preach For in case this were not the naturall meaning of the statute they might well forbid the minister to administer the Sacramentes without speciall licence in wryting or not to pray or not to fast or not to say seruice or not to bury the dead such like But there is more to serue their turnes and to helpe their cause in the law CanoÌ„ in the iniunctions the law Canon being thus Ex. de heret c. excom § Quia vero QVIA VERO NON NVLLI c. But because some vnder the colour of Godlines denying as the Apostle saith the power thereof challenge vnto them selues authoritie to preach whereas the Apostle sayth How shall they preach vnlesse they be sent all they which are forbidden or not sent shall besides authoritie giuen vnto them either from the Apostolike sea or the Catholike Bishop af the place publikely or priuately presume to vsurpe the office of preaching let them be excommunicated and vnlesse they speedelye repent let them be punished with some other competent paine The iniunction beeing this Item that they the persons aboue rehearsed shall preach in their owne persons once in euery quarâ—er of the yeare at the least one sermon beeing licensed specially therevnto Wherevnto I aunswere that this decree and this iniunction requiring speciall lisences to preach And the Bishop by vertue of the foresayde statute giuing authoritie to preach can not iarre much and that one little wrest wil set them in tune their oddes is so small If I saye vnto one by worde of mouth Syr take here the key of the gate of my pasture where my Grey ambling Gelding runneth opeÌ„ the gate bring him out take him to your owne vse I giue him you franckly hath he not as good a title and interest to my horse as if I had made him a bill of sale vnder my hande and seale And hath not the minister likewise as well a speciall license from a Bishop to preach that is willed openly in the presence of God men and Angels as he that hath a special licence giuen him alone in a corner the one is pronounced solemnly in the middest of the congregation the other is done secreatly by a goose quill Moreouer neither doth the foresayde Canon neither yet the Iniunction require a special licence in wryting to the ende that the minister shoulde haue power thereby onely to preache For so shoulde you take away the forme and order appoynted by act of Parliament whereby authoritie is giuen to a minister to preach and commit the making of a minister to the Bishop without a congregation But the ende why a speciall licence ought to be had is not so much for the partie him selfe to preach within his owne cure as for them that shall admit him to preach out of his owne cure And that appeareth manifestly by the eight Article of the iniunctions The wordes are these Also that they shall admit no man within any their cures but such as shall appeare vnto them to be sufficiently licensed therevnto c. And in the ende of this Iniunction it is expresly permitted to euery minister to preach within his owne cure though he be not specially licensed therevnto The wordes are these And that no other be suffred to preach out of his own cure or parrish then such as shal be licensed as is before expressed therfore a minister to preach within his own cure yea thogh he haue no licence is commaunded In the time of Henry the 4. at what time Wyckliffe preached the Gospel the very same lawes were established against him and his brethren to staye the course of the Gospell and yet were neuer any forbidden to preach in their owne parrishes as appeareth by that that followeth Let no man within this Realme or other the kings Dominions presume or take vpon him to preach priuily or apertly without speciall licence firste obtayned of the ordinarie of the same place Curates in their owne parrish churches and persons heretofore priuiledged others admitted by the Canon law only excepted And that no maner of person seculer or reguler beeing authorized to preach by the lawes now prescribed or lycensed by special priuiledge shall take vpon him the office of preaching the worde of God or by any meanes preach vnto the clargy or layety either in the church or without in Latine or english except he first present him selfe be examined of the Ordinary of the place where he preacheth And so being found a fit person as wel in maners as in knowleg he shal be sent by the said ordinary to some one church or more as shal be thoght expedi ent by the said ordinary according to the qualitie of the person Nor any persoÌ„ aforesaid shal presume to preach except first he giue faithfull signification in due forme of his sending and authoritie that is that he that is authorized do come in forme appointed him in that behalfe and those that affirme they come by speciall priuiledge do shew their priuiledge vnto the parson or Vicar of the place where they preach And those that pretend theÌ„selues to be sent by the Ordinary of the place shal likewise shew the ordinaries letters made vnto him for that purpose vnder his great Seal Let vs alwaies vnderstande the Curate hauing perpetuitie to be sent of right to the people of his own cure Furthermore no clergy maÌ„ or PerochiaÌ„s of any parish or place within our prouince of Canterb. shal admit any maÌ„ to preach with in the churches churchyardes or other places whatsoeuer except ther be first manifest knowledg had of his authority priuiledge or sending thither according to the order aforesayde Touching the first protestation to be made promised subscribed by theÌ„ that shal hereafter be admitted to any office roome or cure in any church or other place ecclesiastical contained in these words in the booke of aduertisements In primis I shal not preach or publikly interpret but onely read that which is appointed by publike authority without special
the glose prooueth that though an Archdeacon haue authority by his office to examine do present vnfit men to the Bishop that yet the bishop notwithstanding ought to be punished because the bishop is answerable for the fact of the examinor sithence the examination is made by his cōmandement and also for that reseruatum est episcopo ius examinādi illum Right is reserued vnto the b. to examine him examinatus enim examinatur in hiis precipue iniquibus vertitur periculum animae Glos c. ad haec ver examinentur Extrauag de offi Archid. Glos 1. l. non est A man once examined is to be reexamined especially touching those things wherein perril of soule consisteth Et factum quod est mutatur ex superuenienti causa And a deede once done is altered vpon a new cause ff de transact An Archdeacon hauing by lawe the custody of candlestickes copes and vestmentes other Idolatrous garments was remisse in safe keping these things wherevpon the Pope wrote to the Archbishop and willed him straightly to require the sayde ornamentes at his handes Extrauag de statut regul c. cum ad Monesterium § penul and further commaunded him to be punished and to make restitution if thorough his negligence or default any thing were perished in so much as by his office he was bounde to the safe custody of them Neither did he behaue himselfe Vt bonus pater familias in re sua gessisset As a good Father of an housholde would haue done in his own housholde affayres And thus farre touching the bishops vnworthily promoting vnworthy men vnto the ministerie touching vnworthy persons vnworthily promoted the decrees following tell vs what in like case shoulde be done with them Extrauag de aetat qua cap. vlt. QVAMVIS MVLTA FVERVNT c. Although manie thinges were proposed against the Bishop of Calinea yet because he him selfe hath confessed before vs that hee neuer learned Grammar neither euer had reade Donate and by euidence of the fact his ignoraunce of learning and insufficiencie is so apparaunt vnto vs that it were against God and Canonicall constitutions to tollerate so great a defect in a Bishop we haue thought good vtterly to remooue him from the execution of the office of a Bishop and also from the Administration of the Church of Calinea If it might stande with the good pleasure of the Lorde to mooue once Iehosaphat Firste with the booke of God secondly with the lawes of the Realme to make a generall visitation by men of sound and sincere religion and by men of valiaunt and stout courages I dare boldly auouch that the valewe of the first fruites of benefices that might be made voyde by the iust depriuation of vniust possessors euen by the euidence of the fact it selfe woulde amount to a greater increase of hir highnesse treasure then the best subsidie she hath leuied of them since the time of hir gratious gouernement Neither is this Chapiter impertinent to this purpose though herein expresse mention be made onely of a bishop For if you weigh and consider why the bishop was deposed the same reason is sufficient likewise to depriue any inferiour person offending in the like case The cause of the bishops depriuation was his insufficiencie and defect of learning and why then should not insufficiency and defect of learning be as iuste a cause to depriue a minister of an inferiour calling beeing infected with the same disease The charge and function of the bishop was to teach and gouerne others The same ende is allotted to euerye one that taketh vppon him the cure of soules The bishop wanting skill and abilitie to perfourme an office taken vppon him is degraded and cast out and an inferiour minister destitute of the same furniture is maintayned and kept in Againe Epis de statu Monacho cum ad Monast § Abbas ABBAS VERO c. But the Abbot whome all men ought reuerently to obey in all thinges how much more shoulde he be frequent with his brethren in all thinges hauing vigilant care and diligent circumspection that he may be able to giue an acceptable account vnto God of his office committed vnto him But if the sayd Abbot be a preuaricator or a despiser of his order or negligent or remisse let him know for a suretie that he is not onely to be deposed from his office but also some other way to be chastised considering not onely his owne fault but the fault of others is to be required at his hand And againe 18. q. 2. si quis abbas Si quis Abbas cautus in regimine humilis castus miserecors discretus sobriusque non fuerit ac diuina praecepta verbis exemplo non ostenderit ab episcopo in cuius territorio consistie a vicinis c. If any Abbot shall not be circumspect in gouernement humble chast mercifull discreete and sober and shall not shew foorth godly preceptes both in worde and example of life let him be remooued from his honour by the bishop in whose territorie he dwelleth and by the next Abbots and others fearing God notwithstanding all the congregation consenting vnto his sinne woulde haue him to be Abbot And therefore both these constitutions may serue to depriue all such ministers as in life learning maners and conuersation are like vnto such Abbots Yea and touching inferiour ministers the law hath likewise specially prouided as followeth Quod si forte necessitas postulauerit vt sacerdos tanquam inutilis indignus a cura gregis debeat remoueri agendum est ordinatè apud Episcopum c Extrauag de hereti cap cum ex But if happely necessitie require that a priest as vnprofitable and vnworthy ought to be remooued from the charge of his flocke you must ordinarily repayre vnto the bishop Againe Dictum est nobis presbiteros propter suam negligentiam canonice degradatos It is tolde vs that certaine Elders were canonically degraded for their negligence And here it appeareth sayth the glose Quod quis aeque deponitur propter negligentiam sicut propter dolum That one is as iustly deposed for negligence as for collation according to the tenor of the Canon following 1. q. 1. si qui epis Non modo pro haeresi vel pro qualibet maiori culpa sed etiam pro negligentia remouebitur He shall not onely be remooued for heresie or other greater offence but for negligence also Wherevnto also the lawes of the Empyre agree QVI NON SERVIT c. He that doth no seruice to the Church or fayneth him selfe to be a Clearke when in deede he is none he ought not to inioy the priuiledge of Clearkes but an other is to be surrogated in his roome And againe Ne argenterorum vel numulareorum munera c. 47. pag. 2. We commaunde that the charge of Bankers and such as lend exchaunge money for gaine be not left off by those which onely hastely desire
If no deceit on the part of the demaÌ„dant haue bene vsed but the thing it self hath in it deceit it is all the self same one case with the former For wheÌ„ so euer any man shal make a demand by vertue of that coÌ„tract in asmuch as he doth demaÌ„d it he doth it by deceit As for exaÌ„ple suppose I haue boght in good faith without collusion of you a peece of Plate for lesse then the one half of the iust value therof as suppose for 8. Pound which was worth 20. po afterwards I couenaÌ„t with you simply you promise to deliuer me the same plate in this case if I sue you for the deliuery of the plate you may vse an exception of guile against me because I deal deceitfully in demaÌ„ding the performance of a coÌ„tract which in it self coÌ„teineth iniquity For this coÌ„tract it self is against the equity of lawe prouiding that a man should not be so vnprouident in selling his goods as to sel theÌ„ vnder the one half of the iust value And therfore in this coÌ„tract being against law appeareth a manifest iniquity because the plate being worth 20. Pounds was solde by you for 8. Pound a lesse sum then 10. pound halfe of the iust price and therefore in it selfe by law without equitie and therefore neither to be demaunded by me neither to be performed by you And to make this more playne and so to apply it to my purpose bona fides good Fayth in this contract ought to be in this sort You for your part and I for my part and we both ought in trueth to think and bee of opinion that you haue interest right in the plate and so power to alienate and to sell it vnto me And therefore concerning the contract made betweene the Byshop and the party because the Byshop oftentimes knoweth the partie that is to be made a minister by him to be a man altogether vnlearned vnfit and vnapt to execute his ministerie duely and therefore cannot thinke him to be a man quallified as were requisite And because the partie that is to be made a minister knoweth himselfe vtterly voide of those graces and gyftes which ought to be in him and therefore cannot beleeue him selfe to bee truely called or mooued to that office by the holy ghost And because they both know that there hath bene no such calling no such tryall no such examination no such presentation c. As by the forme and order of the booke shoulde be I say therefore that good fayth wanting on both partes this contract made coulourably betweene them is meerely voyde and the one not bounde by lawe to the other to the perfourmance of the same therfore much lesse the common wealth or the Church of Christ to tollerate their conspiracie or to bear with their collusioÌ„ ff de Liber causa l. si pariter Extrauag de regni iure c. non est Extrauag co Non debet alterius collusione aut inertia alterius ius corruÌ„pi No maÌ„s right oght to be impayred by collusion or slouth of another Fraus dolus nemini patrocinari debet deceit guyle ought not to patronage any And therefore sithence Non est obligatorium contra bonos more 's iuramentum An othe made against good manners is not obligatorie and that Nemo potest ad impossibile obligari No man can be bound to a thing impossible and that Impossibilium nulla est obligatio of things impossible there is no band ff de reg in l. impossibilum Extra de reg nu in malis And that In malis promissis fidem non expedit obsernari It is not expedient that Fayth be kept in wicked promises I conclude that the impossibility or iniquitie of condicions to be perfourmed by him that is made a Minister make the contract betweene the Byshop and him meerely voide and of none effect in Lawe The impossibilitie of the contract made betweene the Bish â—nd the minister cause that the contract is voyde And that the Byshoppe according to the true intent and meaning of the Lawes whereof he hath the execution ought to cite and Ex officio to proceede and obiecte agaynst him in this sort You A. B. Parson of C. about twentie foure yeeres passed at what time I had appoynted a solemne day for making of Deacons and Ministers had called by my Mandat men meete to serue the Lorde in his holy seruices to teach his people and to be examples to his flocke in honest life and godly conuersation came before me making a great bragge and fayre shewe of zeale and conscience and of your knowledge in the holy Scriptures and that you woulde instruct them faythfully and exhort them diligently in the doctrine of Saluation by Christ in holinesse of life that you would exercise his Discipline according to his commaundement and that you woulde bee a peacemaker And all these thinges you faythfully promised and tooke vpon you to performe ioyning your selfe openly to the Lordes people in prayer with a solemne vowe Nowe so it is as I vnderstand by your demeanor euer since that in trueth you had no other ende but to steale a liuing from the Church though it were with the murther of many soules You dishonored the Lorde you made an open lye in his holy Congregation you circumuented mee by guyle and by crafte deluded me you haue euer since falsifyed your worde You haue not preached one Sermon these many yeeres you haue not instructed one of your parrishe in the doctrine of Saluation by Christ alone you haue not gouerned your familie as became one of your coate you haue not exercised the Discipline of Christ against any adulterer any swearer any drunkarde anye breaker of the Lordes Sabbothes you haue beene and are a quarreller among your neyghbours you cite them to my consistorie for toyes and tryfles and so abuse my iudgement seate you are an example of euill and not of goodnes vnto your flocke you ment no good faith at the firste you wittingly tooke vpon you a charge which in your owne conscience you knewe was impossible for you to discharge you prophaned the Lords most sacred name in praying hypocritically before him you haue not since repented you of these iniquities but haue continued obstinate in the same and therefore in as much as you for your part without any good conscience haue gotten you a place in the ministerie I for my part mooned by a good conscience and for the same my conscience sake to discharge my duetie to the Lorde haue summoned you publikely lawfully and rightly to disposse you of that place and depose you from that function whereof though publikely yet vnlawfully and vnrightly you are possessed neyther ought you or any other to thinke me rashe light or vnconstant in so doing For I tell you playne that herein I will both saye and doe that thing which the noble and wise Emperour sometimes both sayd and did in a
cōmon weale also lesse sinful to the lord then the other Lesse hurtful because the pore needy of the one haue oft a good sliuer of bread a good dish of drink at the patrōs doore yea sometimes a good meales meat at his table and a good fier in his hall But touching the Hospitallitie and housekeeping of a non resident his Kitchion Chimneis are euer like the Nose of a Dog euer colde neuer warme his Baylye playeth Sweepe Stake hee purseth his Wheate in a Six peny Bagge and carryeth his Barley in a little Budget sometimes Forty Miles sometimes an Hundred sometimes three hundreth from his Parsonage yea out of Ireland into Cambridge out of VVales into Oxenford from beyonde Lincolne to Salisbury from besides Leycester to Comberland from Malburne to Harley Lesse sinfull to the Lorde because the Patrone enioyeth his right by couenauntes and good will of him that by Lawe is reputed the lawfull person and whome he hath presented yea oftentimes also with the consent of the people whose Clearke they willingly receiue to be placed amongest them But the person Nonsident against his promise to his patrone against his oth to his Ordinary without consent of the people against the law of man against the Ordinance of the Lord robbeth spoileth the people of the tenth of their labours liueth idely by the sweate of other mens brows But to let passe the aunswere made before to the Pluralitie man and to speak no more of the Byshops owne wilfull negligence in making vnlawfull ministers that therfore hee hath no cause to complaine against patrones for preferring vnlawful men to benefices whō he hath vnlawfully preferred to so hie offices therefore not to be pitied in case by law he were punished because he should haue looked before hee had leaped I say to let this passe yet the obiection made before in their defence is an obiection in truth not to be obiected The trial of the ability of the person presēted whether it consist in learning or in life is and euer hath bene onely in the authority of the Church and neuer in the power of the Laitye Authent de sanct epis §. clericos col nona First touching the enquirye of their ability for learning to leaue to speake of the Canon Lawe which altogether attributeth the same vnto the cleargy the ciuill law and the Canon Lawes of this realm agree herein together and attribute the enquiry thereof to the cleargy onely The Ciuill law sayth thus Authent vt clericus qui reced § illud quoque coll quint. If they which are chosen by them as men vnworthy be forbidden to be ordeyned then let the most holy B. procure such to be ordeined whom he shall thinke meetest And thus we decree moreouer that thing to belong to the honour and worship of your seate that none buylding a Church or otherwise bestowing almes vpon them that minister therein bee thus bolde as by power to bring vnto your reuerence men to be ordeyned but our minde is that by your holinesse and iudgement they be examined touching the Idoneitie of a parson presented to an Ecclesiasticall benefice by the lawes of the Realme the examination of him likewise pertayneth to the Ecclesiasticall iudge and so it hath been hitherto vsed and so let it be done hereafter Articuli cleric c. 13. And againe Where the Ordinarie refuseth the Clearke for non abilitie which is in issue and the Ordinarie is partie that shall not be tryed by him because hee is partie but by the Metrapolitane if the Clearke bee aliue and if hee bee dead then by the Countrie where the examination was had 39. Ed. 3. fol. 1. Brooke title Triall 25. case And againe Where the Ordinarie after the patron hath presented doth inquire and finde the Clearke to be criminous and the time of the lapse by this meanes passe there he shall not make any collation by lapse but first giue notice vnto the partie if he be a layman but contrariwise if he be a spirituall man note the difference For he may know his owne Clearke Brooke Title Notice 6. case But were it so that the Laietie had power therein and that the Archbishop were excluded Yet if the bishop after he were compelled by processe from any of her highnesse temporall Courtes of iustice to admit an vnable Clearke did foorthwith call this vnable Clearke into his consistorie and obiect againste him his vnabilitie and for the same degrade him of his office What remedie had the same Clearke against his Ordinarie in this case Hee beeing once deposed from his office by his Ordinarie the common lawes shoulde haue nowe no remedie to helpe him he beeing no more to be called a Clearke and therefore not to bring any writ or commence any sute againste his Ordinarie in the name of a Clearke But we will conclude Since the statute of 25. Henrie 8. hath authorized all Canons constitutions and Synodalles prouinciall made before that statute not being contrariant or repugnaunt to the lawes customs of the Realme nor derogatorie to her Maiesties prerogatiue Royall to be nowe in force and executed and also since these Canons constitutions and Synodalles prouinciall before specified were made before the sayde Statute and be not contrariaunt nor repugnant to the Lawes and customes of the Realme nor derogatorie to her highnesse prerogatiue yea since they are agreeable to the Lawes and vsages of the Realme and vpholde her prerogatiue Royall And since by these Canons and other acts of Parliament and her highnesse iniunctions it is euident that men learned that men apt and meete to teache are to be placed ministers in the Churche and that men vtterly vnlearned and such as can onely read to say Mattens or Masse are not to be admitted That therefore a learned Ministerie is commaunded by the Lawes of England And if so then an vnlearned Ministerie forbidden by the same lawes and if so then by the same Lawes such penalties and corrections to be laide inflicted vpon the contemners of the said Lawes as by the sayd Lawes are wholesomly prouided againste such wilfull Lawe breakers ¶ Dispensations for many benefices vnlawfull Extra de cle non residen c. quia nonnulli c. 1. de consuet lib. 6. QVIA NONNVLLI c. For as much as some putting no measure to their couetousnesse endeuour to take many Ecclesiasticall dignities and many parrishe Churches against the ordinances of holy Canons and beeing scarce able to discharge one office yet notwithstanding challenge vnto themselues stipendes due vnto manie wee straightly commaunde that henceforth this abuse be not any more permitted And that whēsoeuer any Church or Ecclesiasticall ministerie ought to be committed we will such a parson to be sought that may bee resident in the same place and discharge the cure by himself And if any thing shal be done otherwise let both the receiuer lose that that he hath so receiued and let the giuer
Therefore c. 1 Whatsoeuer is vndecent and vncomely in the Church is vnlawfull 2 But for one man to be placed in two benefices is vndecent and vncomely 3 Therefore for one man to be placed in two benefices is vnlawfull BEside these Canons there are many mo establishing the not hauing of many benefices for one man but to recite all were a labour superfluous considering the effect of al is contained in these And yet Octobones prouinciall constitution wherein diuers other absurdities thē wherof mention hath ben yet made against the vnlawful retinue of many benefices are expresly all eaged is not amisse to be repeated Who sayth as followeth Octob. de inst seu collat cap. 2. EX HIIS AVTEM c. We suffice not to speake how great euils proceed out of these pluralities vnto the church For by them the honestie of the church is defiled Authoritie is naught set by the faith of Christ is troden vnder foote loue is banished the hope of the poore expecting any voyde benefice is frustrate The miserable and blind sinner boasting himselfe as a guide doth not so much receiue as steale that that belongeth not vnto him Among the rich themselues also strifes and contentions arise braules and enuies are nourished And for this cause we chiefly feare the fire of God his wrath to haue beene kindled against men of such rule and for the offences of some to haue sent a feare or reuenge against all and whilest we see nothing so perillous we feare such or greiuouser thinges in time to come vnlesse God by his mercie respecting vs shall lay to some wholesome remedie If the disease and maladie of pluralities in time of ignoraunce and superstition was such 5. P. 2. that the blinde leaders of the blinde had their eyes in their heades to see the infection ther of to be most perrillous as well to their synagogue as to their common weare how is it possible that plurified men in the time of the knowledge and truth of the Gospell should find any meanes to escape the fyre and reuenge which the idolators feared And not onely these Canons and prouincials but the statute lawes of Englande also made against these excesses prohibite likewise the hauing of mo benefices as appeareth by an Act of Parliament made the 21. yeare of Henry the 8. the tenor whereof ensueth And be it enacted that if anye person or persons hauing one benefice with cure of soules beeing of the yearely valew of 8. pound or aboue accept and take any other with cure of soule and be instituted and inducted in possession of the same that then and immediatly after such possession had thereof the first benefice shall be adiudged in the law to be voyd And that it shall be lawfull to euery patron hauing the aduouson therof to present an other the presented to haue the benefite of the same in such like maner and forme as though the incumbent had dyed or resigned Any lilence vnion or other dispensation to the contrary here of obtayned notwithstanding And that euery such licence vnion or dispensation had or hereafter to bee had contrary to this present Act of what name or names qualitie or qualities soeuer they be shall be vtterly voyd and of none effect As touching any other Canons made and in force before 25. Henry 8. allowing certayne immunities priuiledges and dispensations to be graunted for the possessing of many benefices parrish Churches rightly vnderstood are no way preiudiciall vnto these former ordinaunces For in thinges depending vpon the meere disposition of man though the magistrate haue authoritie as well generally to forbid and prohibite as also in some cases besides the said law to licence and dispence Yet concerning the matter of pluralities it will not be found Pluralistes I confesse and their abettours ground their assertions vpon these and such like rules following viz. Eius est destruere cuius est construere eius est interpretari cuius est condero Papa qui ius condidie est supra ius maiorem enim retinuit potestatem c. That is To him it belongeth to pul downe to whom it belongeth to set vp and the interpretation of the lawe belongeth to the lawe maker the Pope that made the lawe is a boue the law because he hath retained a greater power to himselfe then he hath giuen to the law The pope hath a fulnes of power to dispose of benefices at his pleasure And therefore say they As Churches were at the first by Law positiue both founded and distinguished so may they againe by the same lawe positiue either be cleane taken away or vnited Which vnnecessarye and sophisticall consequence is simply to be denyed First for those former rules generally vnderstood without limitation and distinction be either vtterly false or els contrary and repugnant to other principles of lawe Againe concerning these or anye other like generall conclusions in lawe I aunswere and that by an vnfallible maxime in lawe that no rule can be so generally giuen in thinges of meere pollicie and disposition of man onelye deuised by man of which sort these former rules are that receiueth not some limitations and restrictions And that therefore these principles whervpon the foundation of pluralities is layde beeing weake and easilye shaken with a little blast of mans witte can not stande or haue anye sure setling in as much as againste the same many challenges may be made and many exceptions taken Secondly the foresayd coherence followeth not for twoo apparant and principall fallacies contained in the same as afterwardes shall be manifested But first touching these rules before mentioned Eius est destruere cuius est construere c. He may breake a law that may make a law the same is not alwayes true It taketh no place Vbi causa prohibitionis est perpetua Where there is a perpetuall cause of a prohibition For then the cause beeing perpetuall the prohibition ought to bee perpetuall Quia perpetuam habet causam prohibitionis nulla est obligatio Because it hath a perpetuall cause of prohibition there is no obligation ff de verb. oblig l. si stipuler in id glos extra de simo c. si quis ver iuramentum As for example the reason and cause of prohibition againste murther theft rauine blasphemy is perpetuall and therefore the lawe againste murther theft rauine and blasphemye ought to be perpetuall And therefore man hauing once made lawes againste these vices it is not lawfull for man afterwardes to dispence with these vices or by licence to warrāt any man to steale to kill to spoyle or to blaspheme For whosoeuer shall in this sort dispence with a lawe the same also may dispence with the reason of the lawe and so with the soule and life of the lawe and so make the lawe a vayne and dead lawe Ratio legis est anima legis The reason of the law is the soul and life of the Lawe therefore as none
maruailously wounded grieued and molested and that the soules of the people are therby not gouerned at all but left at randon to their owne direction hauing no guyde to conduct them euery one may euydently discerne dispensations in that behalfe to be altogeather intollerable hauing no ground nor foundation of reason equity or lawe but onely graunted for the priuate gayne and lucre of some couetous vaine glorious persons Wheras it may be answered that the statutes of the Realme licensing diuers Ecclesiasticall persons qualified either by degree of schoole or by seruice vnto nobilitie ought more to be respected in this behalfe then the reasons of the Canon law Herevnto I answere that for my part I heartely desire and pray vnto God that these lawes might be respected and that the law of Englande might rule an English man in this case But alas our lawes are bels without clappers they are founded but they sound not they are bandes but they binde not For thogh by the statutes of the realm certain noble mens chappleines and others graduated in the Vniuersities be qualified made capable of dispensatiōs yet I deny the laws of this realm to approue any maner of dispēsations tollerable at al for any kind of these qualified men vnles the same be Frst in cases of necessity for the peace of the cōmon weal Secondly in cases of conueniency for the honor of hir highnesse person and lastly warranted by the holy scriptures lawes of god For though the statute make some men fit men for the Archb. to work vpon and as it were anuiles for him to strike vpon yet the same statute imposeth no necessity for the B. to work without the word But if it be lawful by the word then by the law he may if he wil. But if it be vnlawful by the word thē he may not thogh he would The law followeth Be it enacted that neither the king his heires and successors kinges of this realme nor any of their subiectes of this realm nor of the kinges dominions shall from thence foorth sue to the sea of Rome or vnto any person or persons hauing or pretending any authoritie by the same for licences dispensations impositions faculties grauntes rescriptes delegacies instruments or other writings of what kind name c. for the which any licence dispensation composition faculty graunt rescript delegacie instrument or other wryting heretofore hath ben vsed and accustomed to be had and obtayned at the sea of Rome or by authority therof or of any prelate of this realm nor of any maner of other licenses dispensatiōs compositions faculties grauntes rescriptes delegacies or any other instruments or writinges that in cases of necessity may lawfully be graunted without offending holy scriptures lawes of God but that from henceforth euery such licence c. aforenamed mentioned necessary for your highnes your heires or successors your their people and subiects vpon the due examination of the causes qualities of the persons procuring such dispensations licenses c. shal be granted had obtained frō time to time within this your realm other your dominions not els where in maner and form following no otherwise that is to say the Arch. of canterbury for the time being his successors shall haue power authority frō time to time by their discretions to giue grant dispose by an instrument vnder the seal of the said Archb. vnto your Maiesty and to your heires successors kings of this realm as well all maner such licenses dispensations faculties grants rescripts delegacies instruments all other writings for cases not being cōtrary or repugnant to the holy scriptures lawes of God as heretofore hath ben accustomed to be had obtained by your Highn or any your most noble progenitors or any of yours or their subiectes at the sea of Rome or any person or persons by authority of the same al other licences dispensatiōs faculties c. in for vpon al such causes matters as shal be conuenient and necessary to be had for the honor surety of your highnes your heires successors and the wealth profit of this your realm so that the said Archb. or any his successors in no maner wise shall graunt any dispensation licence rescript or any other writing afore rehearsed for any cause or matter repugnant to the law ofalmighty god This act is renued 1. Elizab. Prouided alwaies that this act nor any thing or things therin cōtained shal be hereafter interpreted or expounded that your grace your nobles subiects intend by the same to decline or vary frō the congregation of christ his church in any thing concerning the verye articles of the catholique faith of Christendome or in any other thinges declared by holy scripture and the word of God necessary for your and their saluations but onely to make an ordinance by policie necessarye and conuenient to represse vice and for good conseruation of this Realme in peace vnitie and tranquilitie from rauyne and spoyle In which Act is set foorth vnto vs what great care and circumspection our auncestors in the twilight of the Gospel had for the abolishing of corruptions the establishing of a sincere gouernment both in the Church and common weale and how diligently and faithfully they prouided that no maner of dispensatiōs licenses or immunities shold be had or obtayned but in cases of necessitie in cases not contrary or repugnant to the lawes of God in cases wherin the wealth profit peace and conseruation of the realm requireth in cases conuenient for the honor safety of the kings person with a due confideration alwaies of the causes qualities for the which of the persons to whom any licence or immunity shold be granted And therfore out of this statute first I conclude thus against plurified men 1 Whatsoeuer cause or matter is repugnant to the law of God the Archb. may not dispence with the same 2 But the matter of hauing many benefices or being Non residents is repugnant to the laws of God 3 Therfore the Archbish may not dispence with the same Againe 1 Whatsoeuer is not necessary for the wealth peace profite and conseruation of the realm the same by this statute is forbidden 2 But that one man should enioy by way of dispensation from the Archbish liuings appointed for many men is not necessary for the wealth peace profite and conseruation of the realme 3 Therefore the same is forbidden by this statute Lastly 1 Whatsoeuer is not conuenient for the honour and safety of hir highnes person the same by this statute is forbidden 2 But it is not conuenient for the honor and safety of hir highnes person to haue the Archbish disspence for many benefices 3 Therefore by this statute the Archbish is forbidden to dispence c. THe Minor proposition of the first syllogisme hath beene already sufficiently prooued by manye in fallible conclusions of Lawe and vndoubted truethes
of the worde of God and therefore it is needelesse to make any repetition thereof Onely I would haue the reader diligently to marke the wordes of the Statute forbidding all manner of Dispensations in any matter or cause repugnant to the worde of God For though the aduersary cauill that we finde not in the scriptures these Termes Viz. Licenses Tollerations Dispensations c. precisely specified in any commaundement prohibitory in the Scriptures Yet in as much as the matter or cause of Dispensations for many benefices is there generally forbidden as ambition pride couetousnes perill of soules c. It is against the peace profit of the common weale that the Archb. should dispence Therefore it followeth that by this statute Dispensations in this case are absolutely inhibited The minor proposition of the second Syllogism may be confirmed by three euident reasons First from the euent which by our owne common and daily experience we too too well knowe to be true For by the same we see a fewe wealthy and ritch Prelates in pride iolity to be maintained and a great number of needy Stipendary Curates and poore Ministers to be vtterly destitute of meete and conuenient allowaunces so that sometimes after theire dissease their distressed wiues and Children are forced eyther to bee releeued by the seuerall Parishes of their aboades to the impouerishing of the same parishes or else constrained to beg from place to place so be chastised as rogues or pilfer steal and so be punished as fellons Secondly by a comparison drawn from other Statutes of the realme prouiding that one rich and mighty man shoulde not exercise many seueral misteries trades and faculties and so rob the poorer sort from the ordinary meanes wherby they might liue well and honestly in the common wealth The third reason is taken from an adiunct or common accident to euery common weal rightly gouerned that is that the last Willes and Testamentes of all and singular testators be duely execued especiallye such as whereby the honour of God is promoted the Church and common weale manifestly regarded but vnto the performaunce of the the last Willes and Testaments of many patrons endowing many churches with large and ample possessions to the intent conuenient liuinge might be alwayes prouided for Pastors to be resiaunt and to feede their posterity with the foode of life the worde of God there can be nothing more preiudiciall or more derogatory then that these seuerall patrimonies and inheritaunces appointed by seuerall patrons for seuerall Pastors to such seuerall and good vses shoulde by the dispensation of one man be transformed and giuen to another vse contrary to the testator his intent and purpose And therefore I confirme my Minor Proposition by these three conclusions 1 Whatsoeuer is an occasion that poore and needy Ministers their wiues and children do want a competent conuenient maintainance the same is not necessary for the profite peace wealth and conseruation of the common weale 2 But that one man shoulde by dispensation enioy many benefices is an occasion that pore and needy Ministers their wiues and Children doe want a competent and conuenient maintainance 3 Therfore that one man should by dispensation enioy many benefices is not necessary for the profit peace wealth and conseruation of the common weale 1 Whatsoeuer is an occasion that one man shoulde enioy the offices liuings of many men the same is not necessary for the peace profite wealth and conseruation of the common weale 2 But that one man should by dispensation enioy many benefices is an occasion that one man should enioy the offices and liuings of many men 3 Therefore that one man should enioy by dispensation many benefices is not necessarye for the peace profite wealth and conseruation of the common wealth 1 Whatsoeuer is preiudiciall and derogatory to the last willes and testaments of Testators disposing their patrimony to lawfull holy vses the same is not necessary for the peace profite wealth and conseruation of the Realme 2 But that one man by dispensation shoulde enioy many benefices is preiudiciall and derogatory to such last Willes and Testaments 3 Therefore that one man by dispensation shoulde enioy many benefices is not necessarye for the peace profite wealth and conseruation of the Realme It is inconuenient for the honor safety of her highnesse person for the Archb. to dispence COncerning the validitye of the Minor proposition of my third syllogisme drawne from the conueniencie of her highnesse honor namely that it is not conuenient for the honour and suerty of her Highnes person to leaue any manner of authority for the Archb. to dispence none may wel doubt therof but only such as respect more the pomp and glory of an Archb. then the dignity preeminence of a Christian King For in good soth this statute made principally to abolish al vsurped power challēged by a forrē Romish pope ouer the king his subiects yet to authorise a domestical English Archb. in his roome containeth in it such a contrariety such an absurdity as it is wonder how either any Archb. durst challenge the executiō thereof or else how hir highnesse most noble Father brother her highnes own person could endure the same so long vncanselled vnrepealed especiallye the same being most preiudiciall to their regall crownes and dignities For first by the vertue of this Statute it is enioyned the Archb. and his successours in no manner wise to graunt any dispensation licence rescript or any other writing for anye cause or matter repugnaunt to the lawe of Almighty God Secondly it is permitted vnto the sayde Archbysh and his successours by their discretions to graunt vnto the K. Maiestie and to his heires and successours Kings of this Realme all manner such licenses c. as heretofore haue beene accustomed to bee had and obtayned by his Highnesse or any his Noble Progenitors or any his subiectes at the sea of Rome Which two clauses without dishonour to the Maiesty of God or preiudice to her highnesse prerogatiue cannot possible establish a sound and perfect Lawe For first in as much as the popes person was neuer duly qualified to be a Lawfull dispensor or any lawfull Magistrate in the Church of God it is manifest that euery dispensation granted at that time at the sea of Rome was directly against the Lawe of God as graunted by one that was no member of the Church of God Again In as much as the trueth of the Gospell warranteth vs that symony Vsury Periury Adultery Incest Nonresidency many benefices Marriages against the Leuiticall Law obseruations of superstitious dayes and times not eating of flesh in Lent and such like are against the Lawe of God it is euident that dispensations graunted at that time for these and such like things at the Sea of Rome were granted in causes and matters repugnant to the law of God and so by the former braunch of this statute being
precisely dissalowed cannot by the secōd branch of the same be generally approoued For how can one the self same law forbid and comand things so contrary and repugnant in themselues Or how can the Archbishop safely ground his iurisdiction vppon a lawe so contrary and repugnaunt vnto it selfe If the Archbyshop shall think that these two braunches may be reconciled that the meaning of the former maye and ought simply to be vnderstood as the words them selues import and that the second braunch may and ought to be vnderstoode to bound and limite such an authoritie to him selfe as whereby he might graunt such licenses as were had and obtayned at that time at the sea of Rome for matters not contrary or repugnant to the law of God yet neither by this interpretation is the Archbishop truely intituled vnto any authoritie therby to dispence for symony nonresidence many benefices marriages in Lent c. in as much as such maner of licenses obtayned at that time at the sea of Rome were obtayned for matters repugnaunt vnto the law of God and contrary to the truth of the doctrine of the Gospell and so by this statute flatly forbidden Which thinges our auncestors not thoroughly foreseeing neither duely examining for what maner of causes or matters licenses were at that time obtayned at the sea of Rome but onely in a generallitie inhibiting thinges repugnaunt vnto the law of God and neuer particularly describing what those things were but leauing the same wholy to the iudgement and discretion of one man the Archbishop alone haue fallen into two palpable absurdities the one that one man alone hath from time to time authoritie by his discretion to determine what causes are repugnaunt to the holy scriptures and lawes of God what causes matters are conuenient for the honour and safety of the King of England and what are necessary to be had for the wealth and profite of the realme three thinges of such waight and importaunce as the whole body of the realme at that time was scarceable to conceiue much lesse shall euer any one Archbish be able to practize The other absurditie is this viz. that by this statute soueraignity is giuen to the Archbishop and his successors to dispence with the king and his successors kinges and Queenes of Englande The wordes of the statute are plaine and euident But what reason is there for kinges and queenes of England to become wardes and pupils vnto an Archbishop of England Or howe agreeth it with the worde of God that a Christian king should in any sort be in subiection vnto his owne vassall Or what christian subiect dareth attempt to offer vnto his Christian soueraigne a tolleration For in case the matter of the sayde tolleration be pretended to concerne the conscience then if the matter be free and lawfull by the law of God a Christian king may as well and as freely vse the liberty of his conscience with out licence from his subiect as his subiect maye vse his freedome without dispensation from the king If it be contrary to the lawe of God then may neither a christian king neither a Christian subiecte be dispenced with For what man can dispence with the Lawe of God And in case the matter of dispensation concerne any thing appertayning vnto this life how then should the king receiue a dispensation from the Archbishop without impeaching his kingly dignitie and prerogatiue For either he must bee dispenced with for breach of the positiue Lawe of this lande and haue the payne of Lawe remitted him by the Archbishop which were to set the Archbishops keyes aboue the Kinges armes Or els he muste purchase a dispensation that he may breake his Lawe which were against his honour and safety For saith the Emperour Digna vox est maiestate regnantis legibus alligatum se principem profiteri C. De le cōstit princ l. digna It is a worde worthy the maiestie of a ruler to acknowledge himselfe as chiefe tyed vnto the lawes Moreouer this case between the king and the Archbishop is farre different from the case betweene the king and his Iustices at lawe determining matters according to the common lawes and customes of the Realme betweene the king and his subiectes For they remayne still the kinges vnderlinges and in deed giue but the kinges iudgements they iudge not the kinges person neither commeth any thing touching his person before them But dispensations from the Archbishop to the king concerne the kinges owne person The king in his royall person or by his proctor muste appeare in the Archbishops consistory he must alleage before the Archbishop sufficient matter whervpon the Archbishop but a subiect may be mooued to dispence with the King his soueraigne and finally the Kinges wisedome muste be subiected to the Archbishops discretion And therefore to confirme the Minor proposition of my third syllogisme I conclude 1 Whatsoeuer is dishonourable and dangerous for hir highnesse person the same can not be conuenient for hir honour and safetie 2 But it is dishonourable and daungerous to haue the Archbishop to dispence with hir highnesse 3 Therefore the same is not conuenient c. WHich reason also maye as well be applied to disprooue the vnlawfulnes of the Archbishops dispensations granted vnto any of hir highnes subiectes as vnto hir highnesse owne person in as much as hir kingly prerogatiue and supreame gouernment in matters lawful by the holy scriptures is therby impeached The Arch. iurisdictiō only aduanced the surety of hir royal person peace of the cōmō weal il prouided for Againe sithence euery one of sound iudgement vnderstandeth the honour and safety of hir highnesse person onely and wholly to consist in the protection and safegarde of our most mighty and most gratious God and that nothing can bee so honourable and safe for hir highnesse as humbly and reuerently to attend and to submit hir selfe to the scepter of his word the execution of this statute by the Archbishop can not be but most inconuenient and perillous for hir highnes person in as much as partly through a corrupt construction partly by a synister iudgement not rightly discerning what thinges are repugnant to the word of God the sayde Archbishop dispenseth in causes and matters contrary and repugnaunt to the holy scriptures which causeth the name of God to be euill spoken of and is a dishonour vnto God and therefore no honour nor safety vnto hir highnes person And therfore hir highnes is humbly to be intreated to take the entier dominion and whole soueraignty due vnto hir by the word of God into hir owne handes and not anye longer to suffer such a blemishe to remayne in hir gouenement Had hir highnesse moste noble Father vnderstoode his kingly person to haue vndergone the Censorship of his subiect no doubt he wold as couragiously haue fought against an Archb. as he did against an Abbot Pouerty of the person no cause for a dispensatiō As
concerning the pouerty of certaine persons pretended and alleaged in defence of dispensations for many benefices that because the reuenewes and profites of one benefice is now adayes not a competent and sufficient maintenance for a minister his wife and familie that therefore in respecte of suche pouertye they are necessarye and to be borne withall I aunswere herein firste with Rebuffus the Lawyer that Licet quis sit pauper c. Rebuff de dispens ad plu benefi Though one be poore and suppose two benefices to be very necessary and profitable for him yet for this cause the Pope maye not dispence But if it be necessary or profitable for the Churche to haue a teacher to instruct mainteine and defend the same then shall a dispensation be lawfull Secondly that whosoeuer hath taken vpon him a charge with a poore living and stipend belonging to the same ought by law to content him selfe therwith and notin respect of any pouerty to seeke to haue many liuings thereby to better his estate or augment his liuing For the lawe in trueth is as followeth 32. q. 5. c. horrendus Qui inodicum recepit beneficium c. He that hath receaued a smale benefice hath preiudiced him selfe therefore let him seeke his liuing by his owne craft because whatsoeuer hath once pleased him ought not any more to displease him 70. distinct sanctorum And let euery one walke in that vocation whereunto he is called and let him do according to the example of the Apostle saying these handes haue ministred vnto me al things that were wanting 21. q. 1. c. primo glos extra de rescrip c. si proponente ver minus ff 91. distinct qui autem And let him that is forbidden to get his liuing by filthy lucre and vnhonest marchaundise haue a stipend of the oblations offerings of the Church but in case the Church be not sufficient let him after the example of the Apostle who liued by the worke of his hands get by his owne industry or husbandry those thinges that are necessary Out of these lawes against dispensations graunted vnto pryuate persons in respect of priuate necessity I conclude thus 1 If priuate necessytie or pouerty were a sufficient cause to enioy a dispensation for many benefices then shoulde priuate necessity haue bene warraunted by law hereunto 2 But priuate necessitie or pouerty is not warranted by law to be anye sufficient cause for a dispensation 3 Therefore the necessitie or pouertye of a priuate person is not a sufficient cause for a dispensatioÌ„ THe first proposition is grounded vppon the verie nature and essence of a dispensation for the same being as is said before of the nature of a priuelege can not otherwise be graunted then vpon a iust cause ratified by law The second propositioÌ„ being a general proposition negatiue of the law cannot better be manifested then by a special repetitioÌ„ of the things permitted by lawe according to this rule Quod in quibusdam permittitur in caeteris prohibetur That which is permitted in some certaine things the same in other thinges is forbidden And therefore the lawe allowing either vrgent necessitie and euident vtilitye of the Churche or some excellent quallities of the minde or discent from some auncient parentage to be onely causes of dispensation excludeth all other causes whatsoeuer And as touching necessitie and pouertie of priuate persons the lawe absolutely appointeth other meanes to releeue the same then by way of dispensation Neyther can it bee found in the whole bodie of law that pouerty a lone is any sufficient cause to procure a dispensation for many benefices For the law accounteth him alwayes to haue a competency and sufficiency 12 q. 1 c. Episcopus vers q. 2 c. episcopus which hath Victum vestitum meate drincke and apparrell which is proued thus luxta sanctum Apostolum fic dicentem habentes victum vestitum hiis contenti simus according to the saying of the Apostle hauing foode and apparrell let vs content our selues with that And here we learne both what he that hath taken vnto him selfe a charge hauing but a smale stipend annected thereunto ought to do in case it be not sufficient that is that he ought to labour and trauaile with his owne handes in some honest handy craft and also what by lawe is reputed and taken to be a competent sufficient maintaynance euen foode and apparell Moreouer if a man willingly and without compulsion enter into a charge knowing before hand the stipend due vnto him for his trauell to be small he may not Lawefullye afterwardes complayne but it is whollye to bee imputed to his owne negligence and follye that he was no more circumspect better to prouide for him self at the first If a man knowing a woman to haue led a loose and dissolute life take her to his Wife hee cannot for her former misdemeanour giue her afterwards a Byll of Diuorcement Quod semel approbani iterum reprobare non possum That which once I haue approued and allowed I cannot afterwardes disproue and disalowe Neyther in truethe for ought that euer I perceyued by the want of any Pluralitie man if hee rightlye examine his owne Conscyence can hee pretend any necâ—ssity and want of lyuing for himselfe to bee anye iust cause of his foule disorder herein May Caietane Cardinall of Brygit whose Annuall reuenewes by his Cardinalship amounte to the Summe of two Hundred pounds maye the same Cardinall whose Annuall profites of his Prebend in another Churche amounte to the Summe of two Hundred Markes Maye the same Cardinall whose annuall Reuenewes of his Archdeaconarye in another Churche amounte to the Summe of Fortye Poundes May the same Cardinall whose Annuall Reuenewes of his owne and his Wiues Patrimonye amounte to the Summe of Fiftye Pound complayne iustly that hee standeth in neede of sufficient liuing to mayntayne himselfe his Wife and two or three Children and thereuppon purchase to him selfe a License to retayne a Benefice from the which hee receyueth yeerely one hundred Markes May a Cardinall I say thus furnished with so manye ecclesiasticall Dignities affirme safely with a good Conscience that hee wanteth and standeth in neede of a conuenient liuing Nay maye not the Lordes people rather crye out agaynste this intollerable Ambition Rauyne and spoyle Yea maye not the common weale yea doth it not feele to hirr ruine the miserable pouertie and pâ—…urie of his stipendarie Curate vpon whom he thinketh to haue bestowed a large and bountifull rewarde for his seruice in the ministery towardes the maintenance of him his wyfe and family when as his farmer shall paye him by the yeare ten or twelue pounds at the vtmost Is this tollerable by lawe No no the pretence of pouertie that this man his fellow Cardinal hauing Church vppon Church a personage vpon his prouostship do make to be a cloake for their worldlines can neuer shrowd it selfe so couertly but their iniustice by lawe may
soone be discried and discouered For this clause of law Sed etiam habentes plures ecclesias c. But they that haue many Churches one not depending on the other it is lawfull for thee notwithstanding any appeale to the contrary to constrayne them at their choyce to leaue one of them vnlesse they shall be so poore that they can not conueniently haue their proper and peculiar Priestes I say this clause nisi ita fuerint â—ennes can not excuse master Cardinall or master prouost to retayne his Abbey or Frierie and by dispensation a benefice or two besides For that as I say de before this priuiledge hath no place when as a man voluntarily hath taken vppon him a small charge and so contented him selfe with a small portion at the first But onely it hath then place and then taketh effecte when as Ex post facto by some after deed his Church is impouerished Moreouer those Churches are counted Tenues in substantia Churches small in reuenue which haue not a flocke of ten persons families or housholdes able to contribute to the maintenannce of a Pastor as appeareth by the Canon following 2. q. 3. c. vnio HOC NECESSARIVM c. This we haue thought necessary to be ordayned that many Churches be not at all committed to one Elder because he alone can neither perfourme his office in them all neither yet imploy any necessary care for the administration of the goodes thereof For this consideration therefore we commaund that euery Church which hath had ten housholdes haue also a pastor ouer the same and if any haue had fewer then ten let then that Church be ioyned to some other Churches By which constitution our pluralistes if they were not wilfully blynde might easely vnderstand that the law doth not permit one man by reason of pouertie to haue many Churches that are able of themselues to mayntaine manye pastours but that many poore Churches vnable to maintaine many pastors should be consolidated and vnited to one and beeing so ioyned togeather and made one then to haue one pastor ouer them all that might haue of them all a competent salarie for his sustenaunce For sayth Rebuff Papa in dispensatione maximè respicere debet vtilitatem ecclesiae non personae sed hodie ventum est vt personae vtilit as consideretur polius quà m ecclesiae potius dispensatur cum diuite qui totam vorabit ecclesiam quam cum ali bona qui 〈…〉 possit The Pope in a dispensation ought chiefly to respecte the profit of the Church not of the partie but it cometh to passe now a dayes that the profite of the parson is rather considered then of the Church and a dispersation is rather giuen to a rich man which will deuoure the whole Church then to an other good man which might maintaine the Churche If therefore it might stande with the good pleasure of hir highnesse godly Commissioners in causes ecclesiasticall within their seuerall charges not only to examine the lawes precedent but also to put in execution the lawes following they should by this their industrie speedely and plentifully prouide manye good competent liuinges for many good men to become good pastors in the same I meane not Ecclesiasticall men placed Ecclesiasticall Commissioners for they for the moste parte are the greatest offenders in this behalfe but I meane those of hir most honourable Councell of hir Nobilitie and of her worshipfull subiectes hauing graunted vnto them from her highnesse as great authority as any of the Ecclesiasticall state haue An Ecclesiasticall Commissioner is no more exempted from controulement of his collegues and associates then is a Senatour from the order of the Senate or a Counsailour from the directions of the body of the Counsaile or a Byshoppe from the censorshippe of a Lawfull Synode If therefore the Nobler sounder and better part of the ecclesiasticall Commissioners did examine not onely such plurified men as are no commissioners but such plurified men also as are ioyned in Commission whether by vertue of any faculty license or dispensation they or any of them haue enioyed mo Benefices with cure of soules then one alone aboue the space of seuen yeares then should the sayde Commissioners finde the same Benefices so possessed to bee meerely voide as though the incumbent were dead Because euery Dispensation graunted for more then seuen yeares by Lawe is a voyde Dispensation as appeareth by that that followeth Lib. 6. de elect licet canon § is autem IS ETIAM c. The party also which is taken to such a Regiment to the end he may more diligentlye care for the flocke committed vnto his charge let him be personally resident in the Church whereof he is person And as touching his residence the ordinary for a time may dispence if any reasonable cause so require He sayth well sayth the glosse Glos verb. ad tempus that the ordinarye may dispence for a time because the Pope himselfe cannot giue perpetuall indulgences for residence and such as were giuen before by Popes He hath reuoked as appeareth by the constitution following Lib. 6. de rescr c. vlt. QVIA PER AMBITIOSVM c. Because of the ambitious importunity of suiters is welwe as some of our pre dicessours Bishops of Rome haue giuen vnto many perpetuall indulgeÌ„ces for the receiuing of the fruits of their benefices daily distributions excepted whether they were at study or whether they were resident in eyther of their benefices or had their abode in the Court at Rome or in any other certaine place or wheresoeuer else by meanes whereof insolences of gadding doe spring foorth and a matter of dissolutenesse is prepared the seruice or worship of God which we desire shoulde be increased is diminished and the office of Ministery in respect whereof an Ecclesiasticall benefice is due for the moste part is omitted wee willing to amend things passed and as much as lyeth in vs to prouide agaynst thinges to come doe vtterly reuoke all such and the like personall and not reall indulgences And that which we suffer not Lawfull in our selues we forewarne the same vnto our successours Glos verb. perpetuas ibidem By which Canons it is plain that euery dispensation should haue a certayne time limitted beyond the which it ought not to bee extended for by this perpetuall indulgencie is vnderstood an indulgency for terme of life An indulgency therefore for terme of life may not be graunted for then is it perpetuall and so contrary to the meaning of this last constitution Wherfore the time of necessity must be limitted which time the Lawe following hath limitted and appoynted to be seuen yeares onely Lib. 6. de elect cum exeo PRESENTI CONSTITVTIONE sancimiis vt episcopi eorumque superiores cum hiis qui huiusmodi subiectas sibi ecclesias obtinent vel obtinuerint in futurum dispensare possint liberè quod vsque ad septennium literarum c. By this present decree we
the lawes are not onely vnprofitable but also are to be accounted for thinges vndon And thus much concerning the causes circumstaÌ„ces of dispensations for many benefices It followeth theÌ„ in the description of a dispensation as you haue seen that the same ought to be granted cum causae cognitione with knowledge of the cause the reason is this Glos Extrauagan de prebend dig c. execrabilis ver vltima Duo sunt in dispensatione necessaria authoritas dispensantis factum per quod dispensatur Nam in quolibet actu considerari debent duo factum modus Two things are necessary in a dispensation authoritie of the dispenser and the fact whereby he shall dispence For in euery Act two thinges are to be considered the fact and the maner of the fact And therefore a magistrate hauing authority to dispence ought not vpon the bare assertion and simple allegation of any person disirous to be priuiledged and to haue the Magistrate to mitigate the rigour and extremitie of common right graunt any such mitigation vnlesse the partie first alleadge and by some lawfull proofe make manifest vnto him that both touching the abilitie of his person and the necessitie of his cause there ought in equitie an exemption and immunitie be graunted vnto him For Priuilegia sayth the Lawe ff de minori l. de etate d. ex de priuil c. sane 7. q. 1. potuisti bast l. 1. de col l. ver are preiudicialia magnum pariunt preiudicium ideo sunt cum plena causae cognitione tractaâ—…de priuilegium non est dandum nisi certa ratione inspecta non subito sed cum magna deliberatione Priuiledges are preiudicall breede great preiudice and are for this cause to be handled with a plenarie decision of the cause And a priuiledge is not to be giuen vnles the certain reason therof be foreseen and not sodenly but with great deliberation aduise In which deliberation aduisemeÌ„t taken by the iudg first the allegation or petitioÌ„ of the party agent or suppliant secondly the prone manifestation of the same his perioÌ„ is to be coÌ„sidred For no dispensatioÌ„ ought to be graunted at the proper motion and pleasure of the iudge alone but euery Dispensation ought to be granted at the instance and petition of the party alone § Hoc autem iudiciuÌ„ ff De dam. infect ff De regni sur l. inuito extra de Symo. Licet heli Cod. de fidei com liâ—…ent l. si Quiae laxari iâ—… non debet nec solui nisi parte postulante inuitâ— non debet beneficium conferri Et sententia debet esse conformis petitioni Et index semper debet indicare secundum allegata probata Because the Lawe ought not to be released or remitted but at the petition of the partye and a sentence ought to bee conformable to the demaunde and a iudge ought euermore to giue sentence according to thinges alleaged and thinges prooued And therefore sithence no other cause by Lawe may be alleaged in the Court of faculties for the graunting of any dispensation for many benefices then the very apparant vtility and vrgent necessity of the Church I conclude that the iudge his duety office is in any wise not to admit any other maÌ„ner of allegation but to pronounce the same altogether friuolous and to be of no valew in Lawe The Doctorship the Chapplainship the worship of any ecclesiasticall person are not sufficient causes in this behalfe alone vnlesse also together with the same meete and concurre the profite and necessity of the Church And if the said allegation as vaine and friuolous be to be reiected then no Dispensation thervpon ought to be graunted for otherwise the Iudge should of necessity eyther allow other causes then the Lawe doth allowe or else pronounce iudgemente otherwise then according to the demaund both which were too too greate absurdities And therfore out of the former rules and principles of Lawe I argue thus 1 Whatsoeuer is hurtfull and preiudiciall the same ought aduisedly and vppon consultation to bee graunted 2 But Dispensations are hurtfull and preiudiciall 3 Therefore dispensations ought aduisedly and vppon consultation to be graunted Extra de priuilig c. sane And if euery dispensation ought to be graunted by sentence vpon some consultation had that then euerye sentence vpon some consultation had ought to be giuen according to thinges alleadged and thinges demaunded Extra de simo c. licet heli IN which allegation and demaund to the ende the sentence may be conformable to the demaunde and so effectuall in law must be foreseene two things First that there be expressed no false or erronious cause Secondly that the same hide or conceale no truth Glos in extrauag execrabilis de prebend ver ex dispensatione For Ea dicitur legitima dispensatio in qua nihil tacetur vel nihil exprimitur quo expresso vel lacito princeps verisimiliter duci potest ad dispensationem denegandam That dispensation is reputed lawfull wherein nothing is concealed or nothing is expressed that beeing concealed or expressed the prince may be likelihood be induced to deny the said dispensation If then euery sentence must be conformable to the allegation and euerye iudgement agreeable to the demaund and that neither out of the sentence for a dispensation any knowen truth or manifest equitie ought to bee concealed neither in the same any salse or erronious cause ought to be expressed it followeth of necessitie that euerye allegation made for a dispensation ought to be of the same nature and of the same condition and that euery allegation not of the same nature and condition is an vnlawfull allegation and an vnequall petition Moreouer euery one that hath authoritie to dispence ought to keepe this rule Glos in extrauag coÌ„i col 3. ver Vt statuat vel disponsit contra ius aut contrascriptum si aequitas quae mouet ipsum mouisset legislatorem si casus nunc emergens esset sibi expositus That they ordayne or dispence against law or against writ if such equitie as mooueth him might haue mooued the Law-maker himselfe to haue graunted a dispensation had the case now growing bene proposed at the time of the law making to the law maker It followeth then againe that equitie beeing the cause of the sentence for a dispensation the same equitie must also bee the cause of the allegation for a Dispensation For if the iudge must giue a dispensation where equity requireth the party must then demaund a Dispensation where equity requireth For equity is always the foundation and grouÌ„dwork of a dispensatioÌ„ And what equity eueÌ„ such equity as might iustly haue mooued the Lawemaker to haue graunted a dispensation Nowe then because the Lawmaker authorising the Archbysh of Cant. to giue Dispensations hath beene the high Court of Parliament It followeth that the Archbysh may dispence onely in such cases as wherein the high
Court of Parliament would haue dispenced had those cases bene alleaged before the high Courte of Parliamente which are alleaged before the Archbysh ff De. offic prefect preter l. 1. in si Iudex non aliter iudicare debet pro sapientia luce dignitatis suae quam princeps esset iudicaturus A Iudge for the wisdome and excellencye of his worthy calling oughte no otherwise to iudge then the Prince himselfe woulde haue iudged Suppose then that suche a Cardinall as of whom mention hath beene made or such an Abbot whose Abbacy is a Nemo scit whose two Ecclesiasticall promotions besides are at the least worth siue hūdred marks by the yeare suppose I say that such a Cardinall shoulde come into the Parliament house and after lowe obeysaunce made preferre this or the like Byll to the speaker beseeching the whole house vppon the reading thereof and the equity of his cause to graunt his suite I. A. B. clearke say alleadge and shewe before your excellent wisedomes that the Church of S. S. by the naturall death of D. H. Late incumbent is become vacant and that I the said A. B. am qualified according to the Statutes of the Realme Non potest dispensatio super pluralitate beneficiorum cōcessu impetranti prodesse qui aliquod quantumcuque mo dicum beneficium conticuit in eadem and the Patrone of the same benefice hath presented me thereunto and that I am possessed already of such and such a spirituall promotion and that I am bound by the Statutes of my house to bee resyant in the same three moneths in the yeare and that I am bound by the Statutes of the Church of one of my promotions to bee present in the same Church two moneths in the yeare and that I am bounde by the Statutes of the Church of my other promotion to be present ther three moneths in the yere that I am bound by my alleagiance to her highnesse to be present else where some whole quarter of the yeare And that the soules of the people of the foresayde parish are in daunger of the Wolfe not hauing a Pastor to feed thē and that the euident vtility vrgent necessity of the same Churche requireth a gouernour may it therefore now please your wisedomes to award mee a Dispensation to enioy the fruites of the same Church to tollerate myne absence and to be Nonresident c. Suppose I say that this or the like supplication were made by a plurified Prieste in the Parliamente house wold the house trow you be moued presently to yeeld to so vniust a petition I trow nay For though the party should expresse in his petition al things to be expressed conceal nothing to be concealed as by the first rule before repered is required yet the house woulde no doubt be mindeful of the secōd rule dispute the equity of his cause so award iudgemēt accordingly they would not vpon so bare naked assertion decline frō iustice equity And no doubt the speaker himself would blush to peruse such a bill much lesse would he present such a Byl to the house to be discussed though for his fee being a priuate bil he might be very liberally rewarded An Archb. then ought to be rightwel aduised take heed how for a trifle he either admit any such byll or allegation or hauing once admitted it how he passe the same vnder his publike and authentike seale In as much as he ought not to admit any other allegation or passe any other dispensation then such as the high Court of Parliament in their wisedomes would admit and passe And therefore I conclude thus 1 Whatsoeuer allegation or dispensation the Lawemaker viz. the high court of Parliament would not admit or passe vnto a plurified man the same allegation or dispensation the Archbishop ought not to admit or passe 2 But the lawmaker viz. the high Court of Parliament would not admit or passe any allegation or dispensation to such plurified priestes making such a petition as hath beene mentioned 3 Therefore the Archbishop ought not to admit or passe any such THe maior proposition is a rule of law the minor proposition is euident vnto euery one that dutifully considereth with what wisedome iustice and equity the high court of Parliament determineth matters amongst them discussed They are not contented to haue a bill barely reade vnto them but they thoroughly examine the reasons and proofes of him that preferreth the same For as I sayd before truth equity and diuers circumstances must not onely be alleaged but the law requireth the same to be prooued also He that hath right and interest to an inheritaunce oftentimes loseth it for want of profe Bart. alij doctores in l. 1. Cod. de prob He that alleadgeth him selfe to be borne of some noble parentage and he that alleageth him self to remaine at study must proue the same If a pupill damnified by any contract made by him vnder age shall requyre ayde of the Pretor to be restored to his former right hee must prooue that he was vnder age at the time of the contract and also that he hath sustained detriment by the same contract Authent Colla § teneantur Glos doc in prohe l. 6. Glos extra de restitu spoliat c. olim vers restitutione Extra offic de leg c. consultationem Otherwise the pretor ought not to giue restitution where one by force is spoyled of his passion and requireth to bee restored thereunto he must not onely alleage but also prooue force and possession The Church that by negligence of any Proctor or Sollycitor shall alleage her selfe by his negligence to bee hurt to suffer losse in hir substaunce and for that cause seeketh helpe at the handes of her superiour to be restored to her former estate must prooue as well the negligence committed as the dammage sustained in that behalfe The like is verified of one that is dispossessed of his goodes in the time of his absence beyond the Seas And so it is required in graunting any priuelege immunitie or dispensation for many benefices The party desirous to haue a mitigation of the rigour of common Lawe ought to prooue that as well in consideration of his person as for the reasonablenesse of his cause the iudge in equity and conscience ought to graunt an immunity And this proofe that it be substanciall and good in Lawe must be made either by the confession of the party eyther by witnesses eyther by some Authentike and publique instrumente eyther by the euidence notoriousnes of the fact it selfe Extra de restitu spol c. cum ad sedem Touching which proofes howe substantially they haue beene made I referre the Reader to the Records of the Prerogatiue Court where no doubt for the iudges owne credite they are safely kept and as publique Recordes to be seene of any man desirous to knowe Antiquities For my part though I confesse that the dignity and
worthinesse of a person to be priueleged may easily be prooued yet can I not imagine by which of these proofes the causes required by Law as vrgent necessity and euident vtility of the Church destitute of a Pastor shoulde in these our dayes be manifested the Church it selfe Viz. The congregation I suppose will neuer confesse it behoouefull for them to haue their pastor absent and to giue their temporall things to enioy spirituall thinges and yet to be depriued of both spirituall and temporall As concerning proofe by Witnesses or by publique instrument because Witnesses must yeelde a reason of their sayings and a publique Instrument ought to be made by a faythfull man at the request of the party and because no witnesse can yeelde any reason why his neyghboure shoulde not be taught and euery Faythfull man will doe all things for the trueth and nothing against the trueth and because the truethe is that his Neyghbour should be taught and no man will desire to bee vntaught therefore as concerning these proofes I cannot imagine I say how they should be made It resteth then that the euidence of the fact must bee the proofe whereon plurified men relie that the vrgent necessity and euident vtility of the Church for the hauing of many benefices is a thing so notorious and euident to all the worlde that none may denye the same Wherein howe grosse and palpable their erroure is I leaue to the consideration of indifferent men thorow out the whole world Now if you ad this last part of the definition of a Dispensation suppose that it must be granted Cum causae cognitione with knowledge of the cause that is by alleadging and proouing things iust and equall in the sight iudgement of the Parliament house you shal find either all or the most part of dispensations granted in the Court of faculties for many benefices not to be the things defined so to be nothing in effect at all and therfore though they as yet seeme to stande good by Lawe yet to be such as ought to bee reuoked and made voyde by Lawe Distinct 10. c. vides Quicquid contra leges accipitur per leges dissolui meretur Whatsoeuer is admitted against Lawe deserueth to be loosed by Lawe Extra de priueg c. porro c. p◠Et sic eos volumus priuilegiorum suorum seruare tenorem quod eorum metas transgredi minime videantur And we will them so to keepe the tenor of their priueledges that they seeme not in any cause to passe their boundes Extra de priuelig Nam qui permissa sibi abutitur potestate priuilegium meretur amittere Et qui malitiosè priuilegium principis interpretatur infamis efficitur Cod. de leg constitu l. 2. For he that abuseth power graunted vnto him deserueth to loose his priuiledge and hee that maliciouslye interpreteth the priueledge of a Prince is made infamous Besides these there are diuerse and sundry other causes for the which also a priueledge as vnlawfull is reuocable 3. q. b. c haec quippe 1. 1. q. 3. priuelegium Extra de Decret Suggestum 25. q. 1. c. de ecclesiasticis ff de vulg pupill Substitu l. ex pacto gloss c. imperator ver quod non 25. q. 2. XCIX distinct ecclesiae ff de constitu princ l. penult De glos in c. quid per. nouale Extra de ver 6. signifi c. magis lib. 6. De rescrip statutum Priuatur quis priuilegio propter scandalum qui non exercet ad subditorum vtilitatem sed ad suam voluntatem c. A man loseth his priuiledge if an offence grow by means of his priuiledge and he that doth not exercise his priuiledge to the profite of such as are vnder him but at his owne pleasure such a man loseth his priuiledge And a rescript ought to be such that it hurt none and at what time soeuer a priuiledge turneth to iniquitye it foorthwith preuayleth not neyther ought the Pope for the increase of his owne honour diminish the right of the church or of any other And the reason is this Propter euidentem vtilitatē enorme damnū receditur ab eo quod diù vsum obtentū est For some common profit some inordinate hurt we forgoe that that a long time hath bene vsed obserued Now whether the lawfull bounds of dispensatiōs be passed whether they be abused or maliciously vsed whether any offence growe by them whether they be vsed rather to the profit of the people then to the pleasure of the parson whether any iniustice be commited the right or title of any other bee impeached or any great domage ensue by thē I refer it to the iudgmēt of men of experiēce in our time Sure I am that the Lordes seruauntes speake againste them preach against them and writte against them Sure I am that the vices growing by them are as rife as euer they haue beene in any age heretofore Sure I am that the prosperous state of the Mynistery is impouerished by them Sure I am that the people are vntaught by them And sure I am that the Lord is dishonoured by them and his Gospell hindred by them And therefore I conclude thus against them Cessante causa cessà re debet effectus the cause ceassing the effect ought to cease The assumption is manifest For equity grounded vppon vtility and necessity of the Church was the cause of Dispensations but the equity ceaseth therefore the other should cease What is more contrary to natural reason saith a lawyer of singuler iudgment then that one and the selfe same man shoulde take vnto himselfe diuers stipendes of the Churche in diuers and farre distant places What common wealth of man sayth hee suffereth her Iudges her rulers her notaryes and other officers to gadde abroade and in their absence to enioy theire stipendes What man though his House be ample and very rich doth pay to his seruaunt absenting himself the wages due to many seruauntes or admitteth to serue in his roome whom soeuer the same his seruaunt shall appoynt him in his roome onely the house of God the holy Church is by such inordinary dealing depriued of her ministery and defrauded of her lawfull duties What shal the Church of God the best beloued Spouse of Iesus Christ which he hath redeemed by whippings by buffets by the sheading of his bloud feede Haukes bring vp Doggs pamper Horses nourish Whoores Flatterers and seditious men which trouble the common wealth Rebuff de dispēsatione ad plura benefic fo 149. 64. and in the end concludeth thus Effectus dispensationis est vt si perperam concessae sit tam animam concedentis quam dispensantis ad infernum deducat The effect of a Dispensation is that if it be graunted vnorderly it carrieth the soule as well of him that giueth it as of him that receyueth it to Hell Whereas it may bee supposed that fees payde into the Hanaper
wherof you may by the laws recited perceiue the same to haue beene as lawfull by priuiledge as by custome Institu de iure natu gent. ciui §. sine scripto The reasons of which custome are these viz. Diuturni mores consensu vtentium comprobati legem imitantur Dayly or continuall manners approoued by consent of such as practize them do imitate a law ff de leg l. de quibus § CVM IPSAE LEGES c. In as much as the lawes themselues by no other meanes do binde vs then for that they be receaued by the iudgement of the people euen as rightly shall those thinges also binde all which the people without any writing hath allowed For what difference is there whether the people declare their will by voyces or by deedes and the thinges them selues Wherefore this thing also hath beene very rightly receaued that the lawes should not onely â—e abrogated by the voyce of a law maker but also thorow the secreat consent of all by growing out of vse Instit de iure nat gent. ci § sine The Lacedemonians whatsoeuer they by experience found behoueful for their gouernment put the same to memory and kept the same as a law ff in c. quanto c. nouit extra de hiis quae fi sin consensu ca. c. 1. de consuetud lib. 6. Panor in c. fi extr de consuet QVAMVIS saith PANORMITAN ius induxit c. Though the lawe haue ordayned that a Bishop should determine matters with the Chapter because the Bishop and the Canons make one body and therefore that iudgement is to be reckoned more strong that is ratified by the consent of many Yet notwithstanding a contrary custome may be established namely that by meanes thereof busines might be speedely dispatched Vpon which reason this law following touching this controuersie was made Extra de hiis quae fin si c. consen cap. c. ca. noscitur NISI EX ANTIQVA c. Vnlesse by some auncient and approoued custome or liberty graunted some of them prooue that the consent of the Colledge committed to their gouernment ought not to be requyred in conferring Churches or benefices And againe Lib 6. de consuet c. non est Dum talis sit prescripta Canonice consuetudo c. So that such a custome be canonically prescribed which the Bishop doth alleadge that in the inquisition and correction of his subiectes excesses he is not bound to require the councell of his Chapter These reasons and these lawes being the reasons and the lawes alleadged for custome in this case to gouerne and rule are particularly to be examined and applied to this action No cause for this custome to be continued Touching the reason of the Canon law namely that by meanes of this custome the affaires of the church shold easilier be dispatched If we in these dayes had the like multitude of Church matters to be dispatched as the papistes had that the Cleargy now were loden with the like burthens as at the time of these ordinaunces they were there might be then some shew of reason that the same custome for the same cause should still remaine Many Monasteries Priores Frieries Nunneries and other irreligious houses vnder the iurisdiction of popish bishops had many businesses many blind matters to be decided It was combersome for euery baudy matter of a frier and a Nun to call a Chapter it was troublesome for placing or displacing euery Abbot frier Nun Dean prebend parson vicar or any other of the Cleargie to call a Chapter In our churches God be praised we haue no such tumultuous Cleargy continually to trouble the chapter we haue no such number of bad matters as they had And therefore the cause in this respect ceassing the effect also might right well cease Moreouer the common and vsuall dissention amongest them were speciall meanes that elections institutions confirmations collations and such like were hindered Many frustratory appeales and other delaies made and long suites commensed But our Cleargie are better instructed in the wayes of the Lord they teach the people peace and exhort them to brotherly amity and loue and therfore it is to be coniectured that causes amoÌ„gst peaceable men wold speedely and peaceably be ended and therefore in this respect also the cause ceasing the effect shoulde cease Lastly the case standeth not now with vs at this time as it did then betweene the bishop and the Chapter The law written then was that the bishop and Chapter shoulde excommunicate c. Quia firmius est iudicium quòd plurimorum sententia confirmat Because a iudgement confirmed with the opinioÌ„ of many is more strong The reason of the custome for the Bi. without the Chapter was this Vt facilius expediantur negotia That businesse might more easely be finished In which cases you se the matter to stande whollye betweene the bishop and the Chapter As whether the bishop with the Chapter or without the Chapter for the foresayde seuerall reasons might haue the rule and gouernement in Church matters To the which demand I answere thus If the controuersie were betweene the Bishop of London and the Deane and Chapter of Paules whether a sentence of excommunication denounced by the bishop alone against any persons contumacie within the Diocesse of London without the aduise of the Dean and Chapter were good forcible in law and that the bishop were able by proof in law to confirme that time out of mind and memorie of man he and his predecessors bishops of London without contradiction of the Dean and Chapter vsed whensoeuer oportunity serued to excoÌ„municate alone without the presence of the Dean and Chapter I saye that in this case by Canon law a sentence giuen by the bishop alone were good and not reuersible by meanes of the Dean Chapters absence For that herein now they haue willingly lost their owne right and depriued themselues of their interest For the bishop alwayes giuing sentence in the Chapter house where the Dean Chapter might continually be present and haue their aduise they voluntarily absenting theÌ„selues hath gotten vnto himselfe this iurisdiction whervnto they haue also yeelded by giuing their secret consent that the B. alone should execute those things wherin they had an interest and which otherwise he might not haue don In like maner if the Archdeacon should make the lyke assertion against the Bish to prooue and insynuate wils and Testaments and were able to prooue the same his assertion I would consult that he likewise by the Canon law had right herein against the B. For in these cases the Bishop and the Archdeacon are in place of priuate men the Dean and Chapter hath the roome of a priuat man because were the matter in controuersie to bee decyded betweene them they were to commence their Actions before superiour Magistrates But the matter of Excommunication mentioned by the Lawe written and of right Excommunication indeede is not
of this nature it is not of the nature of a priuate action betweene man and man nor of suite commenced betweene party and party but the case herein standeth betweene a meane person or a meere periuate man and the whole Church yea betweene the Lorde of Heauen and earth and a Byshop his pore creature It is not I say whether the same should bee executed by man onely because Firmius est iudicium quod plurimorum sententia confirmatur or by fewe vt facilius expedirentur negotia But whether the same should be executed onely by many and not by one because the ordinaunce of God is so And therefore the case standeth in effect thus whether a lawfull prescription by an Archbysh or Byshop agaynst a Deane and Chapter or the custome of an Archdeacon against Archbysh Bysh and Deane and Chapter by the Canon Lawe be a sound substantiall prescription and custome against the whole Church against the family of the Lord and against his ordinance For at the beginning it was not so Whereunto I aunswere that as Nullum tempus currit Regi nullum tempus currit reipub No time runneth against the King no time runneth against the common wealth so in this case and all other of the like nature Nullum tempus currit ecelesiae nullum tempus currit domino No time runneth the Church and no time runneth against the Lorde And therefore though the Byshop may perhaps affirme him selfe to haue obtayned right by prescription to excommunicate without any aduise of the Deane and Chapter yet shall he neuer be able to prooue that hee hath therefore lawfull authority to excommunicate alone sithence the vsadge of the first Church and the ordinaunce of the Lorde are quite and cleane agaynst his sayde assertion Yea I say more namely that euen by the Canon Law it selfe neither Archb. nor B. can truely iustifie any Excōmunication by one man alone at all the said popish custom now ceasing to be any more a custome For in deed the reason of this custome ceaseth to be any more a reasō for such a custom in our time the reason of the former lawes made before this custome vrgeth the same lawes to be practized again now a dayes And therfore as Cessante causa cessare debet effectus the cause ceasing the effect ought to cease vrgente ratione legis vrgenda est lex The reason of the Law vrging the Lawe is to be vrged So the sayde popishe custome ought in deede to cease and the sayde Canon Lawes ought to bee obserued Neyther is the Canon of Boniface the eyght made for the sayd custome any impediment hereunto First for that the saide custome is meerely against the worde of God with which no Pope coulde euer dispence And therefore as contrary to the Apologie of the fayth of the Church of England by no intendement of any statute or statute makers in England confirmed Secondly the Canon of Boniface made to confirme a custom not participating the nature properties and inseparable accidents of euerie good and laudable custome but onely made by a lawles absolute power contrary to the principles and axioms of Law is not confirmed by the statute of 25. vnlesse wee absurdly graunt eyther the said statute to confirme lawfull Canons and a law lesse custome or seuerally to establish a lawlesse custome and to infringe lawfull Canons For this decree of Boniface approoueth and ratifieth such a custome as hath no maner of fellowship or societie with any lawfull custom But to let these things passe and no further to vrge the defecte of the reason of the custome to abolish the custome or the efficacie of the reasons of the Law to establishe againe the law Let vs returne to the lawes and decrees before rehearsed authorising custom to binde as effectually as a law and by them let vs see whether this custome that one shoulde excommunicate alone authorized by Boniface the 8. participate the nature and proprieties of euery such custome as whereof mention is made in the lawes and decrees and if not then let vs conclude the same to be no custome at all Euery vsage is not a custome if no custome then no maner of excommunication either by lawe or custome to be vsed at all For euery vse creptin continued some long space is not therefore by and by a custom so of the nature of a law and of such power as foorthwith it may sholder out written law control cōmon right ff de consti princi l. in rebus Extra de prebend c. liceat de cleric non residen c. consuetudinē §. statuimus lib. 6. ff de legi l. Quod non Glos in c. aqua extra de consecr eccle ver consuetudine In rebus nouis constituendis euidens vtilitas esse debet vt recedatur ab eo iure quod diu obtentum est In ordeining new policies there ought to be an euident cōmodity for that law to be left that a long time hath bin obserued And againe Quod non ratione introductum est sed errore primum deinde consuetudine obtentū in aliis similibus non obtinet that that at the first was not begon by reasō but by error afterwards obteined by custom hath no place in other like cases Consuetudo quae est contra iuris naturam non prodest contra illudius non potest prescribi A custom that is against the nature of law profiteth not and against that law no prescriptiō may be For if the same shal be erronious vnreasonable not lawfully prescribed then is it of sufficient force to expel the law writtē therfore as hurtfull and preiudiciall for the gouernment of the church here after to be abrogated abolished For custome is no more priueledged then a lawe but as a law may be made dead taken away by a custome so like wise may a custome be made dead again by reuiuing a former law And though here might be vsed a peremptory chalenge against this custom begun continued in the popishe Synagogue contrary to the custome of the Church of Christ that for that cause in that respect only the same is farre vnmeet for vs therfore by vs to be vtterly abandoned Yet because we are as yet I can not tell how not altogether freed from the lawes and customes of the popish synagogue Let vs vse the reason of the same lawes to ouerthrow the same custome Neyther yet shoulde any man thinke that therefore the former popish lawes are to be approued as meete lawes for the Church of Christ to be gouerned by For weare there no other grounde of trueth that one shoulde not Excommunicate alone but the reason of the Popish law the obseruation therof wold not be vrged But because wee haue the trueth it selfe confirmed vnto vs at the commandement of the Lord by the Apostles mouth practised by the moste auncient fathers and by their authority and example drawn into
the popish Synagogue vntill the year of our Lord 1295. as the Canons before mencioned doe witnesse for this cause and in this respect onely are these former lawes to be put in execution and the former custome is to be abrogated The lawes woulde bee kept because in effect they containe the purity of the truth the custome woulde be left because the same degenerateth from the simplicity and practise of the former times and is but a meere corruption and a lawlesse deuise of a lawlesse Pope Boniface the eight And that euery one may be well and thoroughly instructed touching the reasons of the lawes following to ouerthrow the former custome hee is diligently to consider that as the Papistical synagogue always fashioned framed her selfe in obedience to her King his lawes and euermore liked that that her King liked and misliked that that he misliked so the congregation of Christe hath alwayes humbled herselfe vnto the will and pleasure of her Lorde and King Christe she hath consented to that onely that hath beene pleasaunt in his sight and hath dissented from whatsoeuer was displeasing vnto him euery one ought to consider that the Popes clergy are not the Lordes people their errours cannot agree with our trueth their ignorance with our knowledge their furie with our peace their deuill with our God their Beliall with our Christ And therefore though the foresayde custome be begon and still continued in the popishe synagogue as ratified by the secret consent of the popes subiectes Yet the same custome ought not eyther to be begone or to be continued in the Churche of Christ as indeede a custome neuer yet by the consent of the Lord himselfe nor any his faithful seruaÌ„ts approued to be any whit expedieÌ„t or necessarie for the good gouernment of his church And hauing thus layde this foundation it is farther to be vnderstoode that euery reasonable custome euerie custome not erronious and lawfully prescribed ought to haue these properties following The firste is this viz. It must be begon and continued ff de leg l. sed et Tacita ciuium conuentione by a secret couenaunt of the citizens agreeing together a long time and by many yeares vsing the same and doing some certayne actes therein For Gloss institu de iure natur § sine script ver consensu consuetudo est quasi communis assuetudo A custom is as it were a coÌ„mon vsage vnto which vse the consent of the people is necessarie and therefore error being contrarie to consent euermore hindereth and letteth a custome Extr. de Do. contumâ— c. 1. Consuetudo quae apud quosdam irrepserat impodire non debet quo minus preualeat veritas vincat A custome crept in amongst certaine ought not to hinder that the trueth preuayle not and ouercome And therfore though the Popes cleargie a long time and by many yeeres passed haue obserued and vsed this custome and haue secretly couenaunted giuen their consent and by their silence haue agreed together that Byshopps and other chiefe officers in their synagogues hauing iurisdiction might excommunicate alone yet the authoritie gotten after this sort by those Byshops in the time of papistrie doth little aduauntage or profit our Byshops in the time of the Gospell For what preiudice can the couenaunt of the popishe Clergye worke against the Citizens of the Lord the professours of the Gospel For though those Byshops haue vsed this authoritie by the space well nighe of three hundred yeares what is that to our Byshops who haue not had the vse possession and light of the Gospell scarcelye threescore yeares in whiche time too there hath beene a continuall outcry made by the Lords seruants against this abuse and a contynuall clayme for the restitution of the Lords owne order that the Lords people might be gouerned and ruled according to his ordinances And therefore that this custome cannot binde the Lords seruauntes I conclude thus 1 They who haue not secretly consented to this custome are not bounde by this custome 2 But the seruaunts of the Lord haue not secretely consented to this custome ff de legib l. de quibus 3 Therefore they are not bound by this custome THe first proposition is the lawe it selfe the second proposition I confirme thus At the beginninge of this custome it is euideÌ„t that the family of the Lord was very smale and the same oppressed in captiuity it beeing in seruitude and bondage coulde not freelye giue any secreat consent to any gouerment all manner of gouenrment beeing violently taken from them And as touching the time since the publishing of the gopsel how far they haue beene from yelding any priuie consent hitherto as well both the open and publicke protestations by the preachinges and writings of manye notable men in the churches with vs as also the vse practice of all reformed churches els where doe manyfest the cleane contrary to the whole world by means whereof the Byshops vnder the Gospell though they haue hitherto vsed authority to excommunicate alone yet therby haue they not gayned any iust title interest or dominioÌ„ therunto For that as yet they haue neuer proued themselues to haue any quiet and peaceable possession of this their iurisdiction and therefore cannot vse this pretensed custome as a lawfull defence against their bretherne and fellow seruaunts Cod de prescript â—rigi vel quadra anni l. si quis l. vlt. Extra de prescript c. sanctorum CONSVETVDO siue possessio debet esse pacifica non violenta sine interruptione ad hoc vt prescriptio locuÌ„ habeat A custome or possession ought to be peaceable not forced without interruption to the end prescription may take place And therfore I conclude againste this custome thus 1 Euerie vnpeaceable forced custom is an vnlawfull custome 2 But this custome that one should excommunicat alone is an vnpeaceable a forced custome 3 Therefore this custome is an vnlawfull custome THe first proposition is the law the second propositioÌ„ our knowledge experieÌ„ce teacheth vs euideÌ„tly inough for though this custome be peaceable in the popish synagogue yet it followeth not that the same therfore is peaceable in the church of Christe For the quiet possession of the predecessor is not coÌ„tinued vnto the successor or any whit aduantageth the successor vnles the successor challeÌ„ge his possession by the same cause by the same title that his predecessor did If the same will in his persoÌ„ continue the possession of his AuÌ„cestor so by prescriptioÌ„ atcheiue the dominioÌ„ or proprieti of any thing he must coÌ„tinue the possessioÌ„ by the same title that his AuÌ„cestor begaÌ„ the possessioÌ„ And therfore sitheÌ„ce our Byshops vnder the gospell the popish Bishops by fictioÌ„ of law be one the selfe same persoÌ„ therfore by al inteÌ„ts coÌ„structioÌ„s of law must of necessity vse the self same title for the continuaunce of their possession and the prescription of their custome one of
mony or else a bodily punishment and executed according to the Prouerbe Qui non habet in bursa luat in corpore Hee that hath not to paye in his Purse let him redeeme it in his body Which kinde of punishment for the most part inflicted againste excommunicated persons vpon their absolution and restitution to the congregation may seeme to bee of the same force to confirme the former assertion namely that excommunication is a ciuill punishmente For in this respect that mony is giuen and receiued for absolution it may sauour to vnsauory senses to be a ciuill punishment but no more can hereupon be concluded that excommunication is a kinde of ciuill punishmente because mony is giuen for absolution then that a punishment by mony is a bodilye punishmente because mony is giuen for the redemption of the body And agayne if the Patrons of this ciuill excommunication doe not vnciuily abuse absolution neither the party excommunicated by giuing neyther the iudge absoluing by receiuing any monye shoulde haue any colour to faigne or forge anye such distinction for that no exchaunge by monye ought to be made betweene excommunication and absolution Absolution freely to bee giuen The sentence of excommunication is simplie to be denounsed for some heinous offence the sentence of absolution is freelie to be giuen vppon repentaunce the partie is not to paye for excommunication the iudge ought not to receiue for absolution one pennie Extra de simo c. ad ures CVM IGITVR INDIGNVM c. Seeing it is vncomely contrary to the reason of the church saith the canō that the benefit of absolution be redeemed We command that if the party haue paid the 100 pounds you cause him freely to bee al solued neyther shoulde this punishment be imposed for euery trifle or small faultes For as it is the greatest punishment by lawe so ought not the iudge to giue sentence thereof rashly or vnaduisedly but as it were with a payre of Leaden heeles j. j q. 3. nullus NVLLVS SACERDOTVM c. Let no Priest for small and trifling causes besides the faults for the which the olde Fathers haue commanded offendors to be kept from the Church suspend any man of sound faith The Emperour by his Emperiall laws inhibiteth the same Authen desanctis episco § omnibus colla no. OMNIBVS AVTEM EPISCOPIS c. We forbid all Byshops and elders to separate any man from the holy communion before a cause bee shewed for the which the holy rules bid the same to bee done And if any neglecting these thinges shal seperate any from the holy communion let him that is thus vniustlye excommunicated as absolued from the excommunication receiue the holy communion of an inferiour Priest By the auncient Lawes of this Realme of England the like prohibitions and prouisions haue beene established Math. Parisiensis Hen. 2 fol. 135. Anno. 116. H. in a counsell holden at Claredon SI AB ARCHIDIACANO c. If any shal be cited by the Archdeacon or by the byshop for any matter to make aunswere before them and will not satisfie vpon their citations it is lawful inough to interdict him but hee ought not to excommunicate him before the Kings chiefe Iustice of the same Village haue beene requested to compell him to come to satisfaction And again Math. Parisi ibidem Asserit rex iuxta c. The king according to the prerogatiue of his kingdom commaundeth that none holding of the king in chiefe or other minister be excommunicated by any man without his knowledge least if the king not knowing thereof by his ignoraunce communicat with an excommunicat person admitting either to his kisse or to his Councell an Earle or a Baron comming vnto him And now sithence by the auncient canons decrees and constitutions confirming the good and auncient vsage of the Churche and Fathers in olde time It appeareth that excommunication and all other censures of the Church shoulde not be exercised by the Bish alone but with the consent of the Cleargy eldership wherby many extorsions and briberies haue been repressed Sithence by a pretensed custome alone begun in the popishe synagogue the contrary hereof hath been practized And sithence the same pretensed custome was first grounded vpon a politike reason only Vt facilius expedirentur negotia Which reason now ceaseth Sithence the same is also vnreasonable and an enemy vnto the Canons sithence the same is violent not peaceable but interrupted sithence it was neuer begun Bona fide and sithence also it is erronious as not begun with the knowledge consent of the lords people Yea sithens it was begun Mala fide as being against the law of God and begun without the consent of the Bishop Christ who onely hath power to make a law in his Church Sithence it is against the power of ecclesiasticall discipline and ouerthroweth the libertie of the Church bringing the same into seruitude bondage And sithence excōmunication is no ciuile but a meere spirituall punishment to be executed onely against great offences Let vs conclude that excommunication by one alone is not lawfull ¶ IT IS VNLAWFVLL for a Bishop or any other Ecclesiasticall person by common right to beare any ciuile office in the common weale Extra ne cleri vel mona c. sed nec SED NEC PROCVRATIONES c. But let not any Clearke presume to exercise any gouernment of Villages or secular iurisdiction vnder any Potentates or seculer men as to bee made any their Iuctices And if any person shall attempt to doe against these thinges in so much as contrary to the doctrine of the Apostle who willeth none going a warrefare to God to intangle him selfe with worldly affayres hee dealeth therein worldly let him be seperated from the Ecclesiasticall ministerie for that he to please the Princes of the worlde drowneth him selfe with the waues of the worlde neglecting the office of a Clearke And againe Extr. ne cleri vel mona c clericus IVBEMVS ETIAM c. We commaunde vnder the threatning of the great excommunication that no Priest haue the office of any Vicount or secular gouernour And if any shall presume to do the contrarie and beeing warned will not amende let him be subiect to excommunication The reasons of these Canons may be thus briefly gathered 1 He that goeth a warfare to God ought not to intangle him selfe with worldly businesse 2 But euery Bishop and euery Clearke goeth a warfare to God 3 Therefore he ought not to intangle himselfe with worldly affayres 1 None beeing a Bishop ought to neglect the office of a bishop or beeing a Clearke the office of a Clearke 2 But whosoeuer being a bishop or being a Cleark shall vse ciuile iurisdiction the same being a bishop neglecteth the office of a bishop and beeing a Clearke neglecteth the office of a Cleark 3 Therefore none beeing a bishop or a Clearke ought to exercise ciuile iurisdiction 1 Euery bishop and euery Clearke
that drowneth him selfe with the waues of the worlde is to be remooued from his Ecclesiasticall ministerie 2 But euery bishop and euery Clearke that vseth ciuile iurisdiction to please the Potentates of the worlde drowneth him selfe with the waues of the world 3 Therefore euery bishop and euery Clearke that vseth ciuile iurisdiction is to be remooued from his ministerie IF such as seeme by coullour of lawe to iustifie the heaping of offices one vppon an others necke had known these constitutions no doubt though had they couertly desired an outward pompe yet neuer woulde they so openly haue maintayned a thing so manifestly forbidden so precisely disallowed by so many lawes A minister may more lawfully exercise an occupation then a ciuile office For the wordes of the Apostle Nemo militans Deo implicet se negotiis secularibus Are not onely applyed by the law to manuall trades and occupations as to be a plough man a marchant man a Baker or a Brwer but also to the cheefest offices vnder Kings and Emperors as of Vicounts Stewards Presidents Iustices of peace and such like for the law foreseeing that a B. or clergie man whose office ought to bee applied wholely in heauenly things thorowly to bee withdrawen from earthly things might not onely be hindred from executing his duety by beeing a Baker or Huckster or other handy craftesman but also by taking of him the office of a Vicount Steward or Iustice of peace these offices beeing of them selues sufficient for a whole mā to be imploied in vseth the reason of the Apostle as well against the one as against the other And in truth more properly and directly against the one then against the other in so much as if wee conferre other places of holy Scripture with this of the holy Apostles wee shall finde that it is tollerable for a Minister yea hee may exercise his hands in laboure and toyle of his body to get some part of his lyuing in case hee haue not by the congregation allowaunce sufficient to mainetaine his estate the same Apostle leauing an example thereof as appeareth to the Thessalonians 4. 3. Neyther tooke wee breade sayth hee of any man for naught but wee wroughte with our laboure and trauayle Night and Day because wee woulde not bee chargeable to anye of you And agayne Act. 20. 34. 35. You knowe that these handes haue ministred to my necessityes and to them that were with mee If therefore euerye minister so it bee no hinderaunce to his calling and that he haue no sufficient prouision may for the preseruation of him selfe family exercise some manuall occupation laboure with his bodye sithence wee finde not in the whole doctrine of the Gospell that any liberty is giuen to the minister to become a Magestrate Rom. 12. 7. but that euery one that hath an office is precisely commaunded to attend vppon his office euery one that teacheth to attend vppon his teaching euery one that exhorteth to attende vpon his exhortation and that by positiue lawe the selfe same is receiued and commanded to be practized as before in the title of dispensations hath been prooued I see not how he that laboureth to couple the offices of magistracie and ministerye vnto one man and altogeather to seuer an handy craft from a minister can by pretence of lawe or colour of anye reason iustifie his assertion the lawe grounding it selfe vppon the scripture as well for seperating and disioyning the former as for lincking and vniting togeather the latter Yea and the Bishops by their aduertisementes published in the seuenth yeare of hir Graces raigne and subscribed with the handes of one Archbishop and fiue Bishops hir highnesse Ecclesiasticall Commissioners haue ratified and authorized what laye in them the former lawes concerning the practize and vse of the latter Aduertisementes the last article Their wordes are these I shall not openly intermeddle with anye Artificers occupations as couetously to seeke a gayne thereby hauing in Ecclesiasticall liuing to the some of twenty nobles or aboue by yeare Therfore I conclude that an Ecclesiasticall person not hauing aboue twenty nobles by the yeare a small portion for a minister of the Gospell to liue by maye intermeddle with an Artificers occupation And if these great and learned Bishops thinke it a matter tending to couetousnesse for a poore minister to vse openly some handy craft in case he haue twenty nobles or aboue to liue by I thinke for my part whosoeuer shall saye that for a rich Minister openly to intermeddle with an office of ciuill magistracie to winne him credit and to procure him estimation is a matter tending to ambition and vaine glorye that he doth not in so saying slaunder the truth And I haue for the defence of this my opinion the lawes and reasons following 21. q. 3. Cyprianus IAM QVIDEM consilio Episcoporum est statutum ne quis de clericis Dei ministris tutorem curatorem testamento suo nominauerit quandoquidem singuli diuino sacerdotio honorati in clericorum ministerio constituti non nisi altari sacrificiis deseruire precibus orationibus vacare debeant Nemo enim c. It hath beene lately by the councell of Bishops ordayned that no man in his Tectament should nominate any Clearke or minister of God to be a Gardian or ouerseer for that euery one honoured with diuine priesthood and placed in the ministerie of Clearkes ought to attende onely at the Altar and Sacrifices and ought to imploy him selfe to prayers and supplications For no man warfaring to God intangleth himselfe with worldly affayres that he may please him vnto whom he approoueth him selfe Which thing the Bishops and our Predecessours vpon religious consideration and wholesome prouision haue thought good that no man departing out of this life shoulde nominate a Clearke to any wardship or ouersight of any pupils Here againe we see the counsell hauing respecte vnto the custome of former ages and times past applye the very same place of scripture againste the offices mentioned in this Chapiter and vouch it in plea as a barre against those offices in a minister which notwithstanding in their owne natures are necessary and very holy and wherevnto many excellent priuiledges and immunities be attributed the cause of a Testament by lawe beeing placed in the raunge number of holy and Godly causes And we know by experience that the wyser a man is and the more care he hath of his posterities well dooing the more prouident circumspect he is at the time of his decease to leaue the tuitiō of his infantes and disposition of their goods to men best knowne to him to be of greatest pietie sincerest religion such as Bishops haue beene accompted Neither are these offices onlye thus forbydden by Canon lawe the Popes lawe but also by Prouinciall constitutions of Englande made heretofore by the B. themselues in Englande at the commaundement of the Kinges of England
Extra ne cleric vel monac c. sententiam A Byshop may not bee a iustice of peace in cause of bloud SENTENTIAM c. Let no Clearke indite or pronounce a sentence of bloud neither let him put in execution any sentence of Bloude or bee present where it is exercised Neither let any clearke indite or write Letters to bee destined for the auengement of bloud Therefore in the courts of princes let not this care be committed to Clearkes but to lay men And agayne Extra de exces prelat c. extra EPISCOPVS cuius authoritate c. Abishop by whose authority manslaughter is committed is deposed from the ministery of the Alter and from his pontificall office and from the administration of his Bishopricke A Bishop eyther directly or indirectly giuing cause that manslaughter be committed the same being committed ought to be depriued from his Byshoply and Priestly office to be remooued from the administration of his Bishopricke And that this Chapter may not seeme sayth the Glosse to be vnderstood of manslaughter or murder vniustly committed or perpetrated these words are added in the Text Quia propter furtum quidam fur suspensus erat Because for theft a certayn theefe was hanged In the time of Henrie the second I finde that the sayde King gaue certayne Priuiledges and immunities vnto the cleargy the Tenor of which graunt ensueth Math. Pari. H. 2. fol. 185. ARCHIEPISCOPI EPISCOPI c. The Archbishops Byshops and all persons of the kingdome which hold of the King in cheefe let them haue their possessions of the King as a barony and thereof let them aunswere to the Kings Iusticers and Ministers and let them follow and doe all the Kings customes and as other Baronnies so shall they be present in iudgementes of the Kings Court with the Baronnes vntill the matter come to the losse of member or to death By which priuiledge graunted vnto the cleargy as I suppose our Bishops at this day haue their seates in the Starre Chamber and are Lordes of the Parliament house For before the graunt made by this King it doth not appeare they had any such priuiledges the words of the king not ratifiyng or confirming any former graunt made by his auncestors and predecessours Kings of England as in all giftes of confirmation vsually is done but gratifiyng his Clergy and other of his subiectes by giuing them newe liberties and franchises whereof before his time they were not possessed for in the graunt there is no repetition or mention of an Inspeximus wee haue seene the charters of our father grandfather or great grandfather but here is a meere and absolute graunte deriued principallye from the kings owne person H. 2. Whereby I gather that these offices in Cleargy men haue not bene of any long continuance in England and that by the ancient laws and customs of England they do not properly belong vnto them onely the King by his prerogatiue hauing power to make Barons at his royal pleasure and to appoint Iudges in his Courtes at his gratious will hath by the same his Prerogatiue graunted vnto the Cleargy that which before time by the common laws of his Empire did not appertayn vnto them and that therefore as the common weale was gouerned iustice ministred and lawes executed in the Kings Courts by the Barons before the time of this graunt by H. 2. without the ayde and assistaunce of Cleargye men euen so might the common weale at this day be as well gouerned by the like gouernment without any help frō any of them as in deede and truth the same in matters of pollicye and greate state these 24. yeares hath bene wonderfully gouerned without them For which of the Cleargy men since the Lorde sealed vp the eyes of Queene Mary hath once set his foote within the Councell Chamber dore to consult with the Nobility of matters of state Which of them hath carried any sway or borne any stroake in the Starre Chamber otherwise then as the punie Baron there hath doone And if Archbish and Bysh may be spared in the Parliament house yea may not come into that assembly at all whensoeuer any statute is to be made touching felony or treason or the losse of any member or sheading of any bloud◠I see not but they may as well be spared in matters of possessions and inheritaunces and in other matters of state and pollicy whatsoeuer and so much more rather in these then in the former by how much more the life of man is more precious then all other earthly possessions or treasures And by howe much more the taking away of the life of an innocent is more odible and heynons before the Lorde in case it be not done according to his worde In which matters the diuines are fittest to bee consulted with and whose counsels are not to be omitted least life bee taken away where it is forbidden or death take no place where it is commaunded But be it so that our B. may pretend their iurisdiction in ciuill causes to bee more auncient then from the time of K. H. the second yea be it that they may deriue the same from Edgar or Canutus before the conquest yet because Canutus ordayned that the B. of the Diocesse should be present at the Courtes of euery shire onely to teach the people Gods Lawe as Edgar before him had appointed the Shirife to be present at the assemblies and Synodes holden by the Cleargy twise a yeare onely to teach the same clergy mans Lawe namely the lawe of the Realme They are not to boast of Antiquity for their iurisdiction in causes ciuill They haue beene appointed long sithence to meete in deede in Ciuill Courts but onely to exercise the spirituall sworde But were it so that by the Lawes of Edgar and Canutus they might seeme to challendge great regalities dignities and immunities yet they know that by the Lawes of the first King and last King of the most noble most highest and most holiest king the king of al Kings our Lord Iesus Christ whose vassalls in worde they professe themselues to bee they haue no such enfranchisemēts granted vnto them yea rather that they be precisely willed being ministers of the gospel not to be called Lords or to be deuiders of inheritaunces But we will goe forward For not onely the decrees and ordinances before mentioned against seculer iurisdiction and ciuill offices in Ecclesiasticall men haue bene made and published by the B. of Rome and his Legates or Messengers for the regiment of his Cleargy a kinde of people as he saith onely to be gouerned by such positiue lawes as proceede from his brest Ciuil gouernment forbidden by the ciuill law to ecclesiasticall men But the Emperour also by the Lawes of his Empire hath directlye and absolutely commaunded the same ALIVM AVTEM FIERI c. But we suffer not a Byshop or an elder in his owne name or in the name of his Church or ministery to be made a receiuer or
be executed now I reply that what bishop or Cleargie man soeuer did before the 25. H. 8. vse or execute any such office forbidden as wherof mention hath bene made before the same Bysh or Cleargy man had some speciall dispensation faculty or licence from the Pope so to doe and that therefore the conclusion remaineth still firm For the statute hath not relation to the particular exemptions and immunities of certain priuiledged persons in this case more then it hath to the residue of the whole body of the canon law wherin is nothing generally forbidden but dispensations were granteâ— from Rome at that time to the contrary and so if the exception were good we should haue no ecclesiasticall law at all in force because from the obseruation of euery generall law some at that time were exemted by dispensatioÌ„ If it be answered again that as the pope did gratify his cleargy so her Maiesty doth gratify hir cleargy by dispensation herein he most strongly confirmeth mine assertioÌ„ that bishops cleargy men by common right may vse no ciuill Iuridiction For whatsoeuer is lawfull by priuiledge or dispensation only the same is vnlawfull by common right ⧠VNLAVVfull to ordaine a Minister without a Title Extra de prebend c. non licet NON LICET VLLI EPISCOPO c. It is not lawfull for any By. to ordayne clearkes and not to giue them whereon they may liue but let him choose one of these twayne either let him make no Clearkes at all or if he make any let him giue them whereon they maye liue Agayne Extra de prebend c. episcop EPISCOPVS SI ALIQVEM c. If a Byshop shall ordayne any eyther Deacon or Minister not hauing a certayne tytle whereby he may receiue thinges necessary for this life vnlesse the party so ordeined haue some inheritaunce of his owne for the maintainaunce of this life Let the Byshop so long minister vnto him things necessary vntill he may assigne vnto him in some Church a conuenient stipend for his Clearkly warfare And it is intended heere sayth the glosse that one may then bee ordeined without any title when as he hath whereby to liue Agayne Extra de prebend c. tuis Vnto thy demaundes we aunswere thus that thou mayest promote vnto higher orders Clearkes placed in inferiour orders in case they haue of their owne patrimony whereby they maye bee commodiously releeued although they haue not obtayned any Ecclesiasticall benefice at all But if the Patrimony shoulde decay by sodayne misaduenture or ouerflowing of Waters it seemeth sufficient that the Bysh shoulde prouide for them in some Ecclesiasticall benefice because since they may not returne agayne into the worlde their pouerty might redound vnto the discredite of the cleargy Agayne Extra de aeta qual c. accepimus ACCEPIMVS TE c. VVe vnderstande by thy report that certaine Clearkes promoted vnto holy orders without a Title molest thee about the obtayning of certayne benefices Although therefore in the ordination of Clearkes thou and thy predecessors ought to haue had that diligence that by you vnmeete men should not haue bene ordained and therefore after their ordination thou canst not pretend any exception against them vnlesse after their promotion they haue made themselues vnworthy yet notwithstanding when it behoouâ—h vs to write for such we for a cautle cause to be put in our letters decree that if the ordeined for whome we write be reputed fit not vnworthy an Ecclesiasticall benefice that a competent Benefice bee giuen vnto him either by the ordeynor or his successour VVhereas if wee woulde deale strayghtly by Law with thee wee coulde worthily compell thee to the prouision of those whome it is manifest to haue beene ordayned by thee or thy predecessours Especially in as much as thou oughteste to repute those meete to receiue an Ecclesiasticall benefice whome thou haste admitted vnto orders Agayne Extra de prebend c. cum secundum CVM SECVNDVM APOSTOLVM c. Sithence according vnto the Apostle hee that serueth the Altar ought to liue of the Altar and that he that is elected vnto a burden ought not to bee reiected from the reward it is euident by the like as reason it selfe perswadeth vs that Cleaerkes ought to liue of the patrimony of Iesus Christe vnto whose seruice they are deputed For in as much as Clearkes are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which is Sors a Lot or Inheritaunce of the Lord or in as much as they attaine an inheritance in him that they may truly sing with the Prophet The Lord is the part of of mine inheritaunce it is meete that they be releeued with the stipends of the Church in the which and by the which they are appoynted vnto holy seruices And although our predecessors to the shame of the ordeinors woulde the ordinations of such as were promoted without any certain Title to bee frustrate and void yet we desirous to deale more fauourablie will the ordeyned so long to be prouided for by the ordeynours or their successours vntill by their meanes they shall obtayne some Ecclesiasticall Benefices And therefore inasmuch as I the bearer hereof was by the presentment of none promoted by thy predecessor vnto subdeaconship we command that if they vnto whome we haue committed his examination shall finde him fit thou beeing lawfully cited to propose either by thy selfe or by thy lawfull proctor whatsoeuer thou thinkest reasonably to bee proposed touching aswell the aptnesse of his person as the quantity or qualitye of a Benefice thou so long minister vnto him things necessary for the maintainance of his life vntill he shall obtaine by thee in the Church of Zamoran or soms other Church an Ecclesiasticall benefice Agayne Lib. 6. de prebend c. epis If the Byshop vnto whome without expresse mention of any person thou haste generally committed in thy steede to giue orders in such a diocesse shal promote any not hauing a title vnto holy orders he him self seeing he was in fault by ordeining such a one shal be bound to minister vnto him al things necessary for this life vntill by him or some other he be prouided for in some competent benefice But vnto whome licence is giuen by the diocesans to be promoted vnto holy orders of whatsoeuer Byshop they wil in this case not the ordeinors but they who giue licence because they oughte not to giue licence to one not hauing a Title if they haue no Title are bound vnto the premises If any aduocate for any Byshop shall auerre the Byshops generally to haue regard vnto these and such like Canons in as much as they admit none vnto holy orders vnlesse he be presented by some lay men and haue some special deed or grauÌ„t in writing for some annuall rent or pencion payable vnto him in case afterwarde he languishing with some incurable disease or otherwise visited shall not be able to execute his ministerye duely I answere that that is not sufficient because
relieue the sayd Clearke vntill he haue prouided him such a benefice as is not recouerable from him both to the ende no collusion between the bishop and the Clearke shoulde be vsed and also because the bishop should warely and wisely haue fore seene the first title to haue beene sure and good ⧠The manner of Archbishops bishops and Archdeacons visitations and what procurations are due for the same FIrst visitations saith the Canon law Extra de cens c. cum venerabili were instituted Causa correctionis for cause of reformation and therefore it is certaine sayth the Glosse Glos ibid. ver bis in anno in the same chapiter if the visitor be certain that the Church need no visitation he ought not to visite the same because the cause ceasing the effect should cease Secondly because visitations were ordayned to the intent a Church destitute of spirituall things might haue spirituall thinges ministred vnto hir 10. q. 2. precarie and for that by common intent of law Eztr. de prescrip c. cum ex Nemo tenetur beneficium facere de preprio vel propriis stiperdiis militare No man is bound to doe a benefite vpon his owne charge or to goe a warfare vppon his owne costes Therefore in these respectes and vpon these causes procurations were annexed to visitations as certayne proper and peculier stipendes due vnto visitors touching their necessary charges and expenses to be spent in and about the same Glos lib. 6. de censib c. faelicis ver manebit And to the intent no poore Church by ouer great costes to be expended for the procuration of a visitor shoulde be damnified therefore a sober and moderate procuration was at the first generally commaunded and is now speciallye rated to a certayne small value And againe leaste the Bishop might inconsideratelye and for lucre sake visite a whole Citie or Diocesse in one daye and so not onely without reason receiue so many procurations as there were Churches but also inuert the naturall order of the policie of the Church making the accessary namely the procuration greater then the principall namely the visitation a due and equall order was taken that the visitor should satisfie him selfe with one procuration for one day and that the number of procurations should not exceede the number of dayes spent in visitation In which visitation the Ordinarie is precisely willed to goe present in proper person vnto the Church to be visited and may not by common right commit his office vnto any other vnlesse he be diseased or hauing many places about one time to visite coulde not either in time of winter by reason of snowes or inundations of waters or in time of warre by reason of perrill and danger of the enemy commodiously resort vnto euery Church Which naturall intent and true meaning of the law is euidently by these words so often repeated viz. Personally exercise personally visited personally searching by him selfe with effect personall visitation If he can not commodiously or without difficultie come vnto euery one Vppon which worde Accedere sayth the glosse Patet ergo quod ire tenetur nec sufficit ad suam ecclesiam vocare It appeareth therefore that he is bound to goe neither is it sufficient for him to call to his owne church Neither doth the alteration of procurations from mony vnto victuals or from victuals vnto money alter the nature of the first institution of procurations For as at the first it was ordayned that the visitor and his retinue for the day where in he visited should haue a moderate diet in victuals prouided at the charge of the church to be visited So was it neuer intended by any alteration that he should receiue twenty or forty dayes diet in money for visiting twenty or forty churches at one place in one day Lib. 6. de cens c 1 § procurationes lib. 6. cod c. exigit But as a visitor by the first institution of procurations was to haue had his dyet in victuals onely for one day so was he by later decrees to receiue so much monye as was sufficient for one dayes diet onely Lib. 6. de cens c faelicis Which is apparant by the decree of Iohn Stratford Archbysh of Canterbury particularly and of purpose ordeined againste the Byshop and Archdeacon of his prouince For saith he though the Byshop visite many Churches in one day yet he shall haue but one procuration whether the same be in mony or victuall whereunto all the Churches so visited shall proportionally contribute Extrauag commu de censib c. 1. Which procuration for a Byshops substitute is limitted by a decree of Bennet the 12. not to exceede the value of fourescore Turons of siluer euery 12. Turons making one floren of pure Golde of an acune florentine according to our english estimate not amounting in coin aboue the summe of fiue shillings at the vtmost So that the whole procuration for one day to bee receiued by a Byshops substitute of all Churches called together ought to be at the vtmoste but thirty fiue shillings the whole procuration of an Archdeacons substitute for one dayes diet ought not to exceede the some of 12. Shillings 6. pence though eyther of them should call 50. or an 100 Churches together into one place in one day In like manner if the Byshoppe personally visite by himselfe then is he to haue for his owne and his retinues diet about fiue marks onely and in case the Archdeacon visite personnally then is he to receiue about twenty shillings onely Which procuration limitted vnto the Archdeacon by the decree of Bennet seemeth to be mitigated by a prouincial constitution in Lindewood whereby an Archdeacon is allowed towards one dayes diet for himselfe and his seruitors but 40. pence Which summe saith the glosse Sufficere videtur pro quatuor personis totidem equis cum vno summario seemeth to suffice for foure persons and so many horses with one sumner Which diet is to be vnderstood for one day naturall contayning 24. houres Wherefore I conclude that neither a Bysh nor a Byshops Commissary that neyther an Archdeacon nor Archdeacons officiall may at any time visite for lucre or gaine that hee may onely visite then and there when and where he knoweth iust cause of reformation that he may not take an excessiue but a moderate procuration that neyther he nor any of his retinue may take a reward that he may not reap earthly things vnlesse he sow spiritual things that he may not except vpō vrgent necessity visit more churches then one in one day that he may take but one prouisiō for one day that he may not take any procuration at al vnlesse he diligently performe the office of a visitor And lastly that Archb. B. Archd ought personally to visit vnlesse by Priuiledge they be specially exempted By which exemption they haue onelye this libertye that the Archb. By Archd. substitute may take so much allowances of
limitting parishes haue inlarged some with wyder borders and straightened some with narrower passages then was meete and conuenient So were it very good and commendable for men of wisedome in our dayes to yeelde to haue a better equallitie then that some should haue al and some neuer a whit some two or three thousand pounds by the yeare and some scarcely xx Nobles so that the pastor that now hath too little might by some meanes haue sufficient and that he that hath now too much might haue a conuenient competencie If Sempronius the taylor should make Titius his garment too short wasted and Seius his garment too long wasted it followeth not therefore that Caius the pilferer to make himselfe a garment shoulde by stealth conuey both garments away By the vnfolding of these fallacies you may iudge that if pluralitie men to serue their turne indeed could haue framed their argument skilfully they woulde then haue fashioned the same after this sort 1 Whatsoeuer is established and distinguished by man alone the same may be taken away and vnited by man alone 2 But Churches that is to saye Congregations of the Lords people pastours of these assemblies and the liuings for the pastours of these assemblyes were established and distinguished by man alone 3 Therefore Churches pastours and liuinges for pastours may be taken away and vnited by man alone Now because the Minor proposition of this Sillogisme is vtterly false therefore I conclude against pluralitie men thus 1 Whatsoeuer is established and distinguished by the Lord himselfe the same may not be taken away or vnited by man 2 But Churches that is to saye assemblyes and societies of the Lordes people pastours of these assemblies and liuings for the pastours of these assemblies are established and distinguished by the Lord himselfe 3 Therefore Churches that is to say assemblyes of people pastors and liuings for pastors may not be taken away or vnited by man THE Minor proposition of which Syllogisme to euerye man not minded to cauill at these wordes Established and distinguished is infallible and not to bee denyed for though boundes and lymittes of certayne parrishes are bordered out by man and that a certayne number of people called to make one Congregation and to heare at one time in one place one certayne pastour bee at the rule and disposition of man yet that these thinges shoulde be thus done is the speciall commaundement of the Lord. Moreouer when as this thing shal be once thus performed by man according to the Lords commaundement it shal be is lawfull for man again where the congregation is too great to make the same lesse and where it is too litle to make the same greater and in this sence I graunt that as it is lawful for man to establish distinguish so it is lawfull for man to take away and to vnite Churches and liuings But because this is not the meaning of pluralists for that they wil haue one pastor to be placed ouer many Congregations many congregations to finde one pastor many bodies to haue one head one head to haue many bodies many flocks to haue one shepheard one sheepheard to haue manie flocks Therfore mine argumēt without any cauil remaineth firm against thē And for these considerations as before so againe I deny the consequence made by plurified men for the possessing of manye benefices by one man For though by coullor of lawe they pretend right vnto them yet the law indeed yeeldeth them no such aduantage because dispensations for many benefices and parish Churches with cure of soules generally graunted are and ought by law to be vtterly voide and of none effecte as partly hath bin prooued and more at large appeareth by that that followeth Glos 1. q. 7. c. requiritis Dispensatio est iuris communis relaxatio faecta cum causae cognitione ab eo qui ius habet dispensandi A dispensation is a relaxation or release of common right graunted by him that hath power to dispence hauing first taken knowledge of the cause thereof that is hauing considered whether there bee iust cause to mooue him to graunt a priuiledge or dispensation against cōmon right or no. By which definition it is euident that Dispensare is diuersa pensare nam omnia quae ad causae cognitionem pertinent pensare debet qui Dispensare vult To Dispence is to ponder diuers thinges for he that will Dispence ought to waygh and to consider all those thinges which pertayne to the knowledge of the cause In which discriptions three thinges are principally requisite necessary First the person or iudge that hath authoritie to dispence Secondly the causes for the which dispensations may be graunted And lastly an examination or discussion of those causes So that if any dispensation or facultie whatsoeuer shall be graunted either A non Iudice by one that is no iudge either without a lawfull cause or lastly without aspeciall triall and sifting of that same lawfull cause before it passe euery such dispensation by a necessary consequence is meerely voyde because euery such dispensation agreeth not to the definition of a dispensation and therefore can not be the thing defined Glos extrauagant de prebend dignit c. execrabilis ver vltima Concerning the partie that hath power and authoritie to graunt dispensations and to take knowledge of the lawfulnesse of the causes requisite to make dispensations goodland auailable the same in this Realme is the Archdishop of Caunterbury H. 8. and vppon his refusall then such as hir highnesse shall appoynt to that office according to the forme of a statute prouided in that behalfe And therefore touching his person thus appoynted to be Iudge I conclude from the generall to the speciall as before that because the positiue lawes of man against pluralities are all grounded either vpon the law of nature or vpon the law of God And because as the lawes of nature and the lawes of God are immutable so shoulde the same positiue lawes remayne stable and vnchaungeable that therefore the Archbishop of Caunterbury beeing a man hath no more right to giue a dispensation againste the positiue lawes of man made againste pluralities then he hath to giue a dispensation againste the law of nature or against the law of God Glos extra de vot c. non est ver authoritate Extra de concel preb proposuit ver supra c. cum ad monasterium ex de statu monocho For sayth the glose in one place No dispensation against the law of nature or against the lawe of God is tollerable no not by the Pope him selfe As touching the causes wherevppon the sayde Archbishop or other officers should and ought be mooued by remitting the rigour of common right to graunt immunities and dispensations they are two fold One consisteth in the dignitie and worthinesse of the persons the other in the waightinesse of certayne speciall causes Vnto what maner of persons dispensatiōs ought to be