Scripture to be given them by God and therefore the King and Parliament may be pleased to abolish both them and their power as King Hen. 8. did abolish Monkes and Friars 26. 40. and 28 The challeng for Lordly primacy out of the great charter answered 28 The study of the civill Law and the professors of it may florish more than now they doe 28 Fees for probate of testaments let to farme 29 Fees dew for execution of functions of the Canon Law disproportionable for a Dâ—ctor of the Civill Law 30 An Act of Parliament for the advancement of the Civill Law is set downe and a forme laid for all proceedings in the Courts in which the Civill Lawyers should be Iudges 32 33 It will advance the honour of the King and the good of his subjects to have matters of tithes and testaments and matrimony reduced by act of Parliament to bee tried by the Iudges of the Common Law 37 Matters of tithes and other causes of light nature pertaine to civill justice 37 The temporall law may easily bee applyed to causes now reputed Ecclesiasticall 39 How legacies may be recovered at the Common Law 42 Matters of marriages more fit to bee decided by the Kings officers than by the Bishops 43 Much adâ—e in the Bishops Courts about Accipio and Accipiam 44 The common Law preferred by the Bishops above the Law of God and the civill Law 45 Causes of Adulteries Slander Heresie which by sufferance only have bin exempted from the Cognizance of the King may be arbitrated by the Iudges of the common Law 47 Hierarchy may be judged felony if it please the King 49 The cognizance of all crimes as well as of some by the Law of God belong to the King 50 No impeachment and impropriations in lay mens hands the stat of 15. Rich. 2. and the 4. Hen. 4. being observed for a Vicar endowes yet if it please the King Parliament a law may be made for reducing of impropriations which may bee done First by restitution Secondly by commutation Thirdly by redemption Fourthly by contribution 52 Parochiall Churches to what use they were founded 56 First restitution of many may and ought to be which are now accounted the temporall revenues of Archbishops and Bishops which were given to severall Churches are now spoyled of them by Archbishops and Bishops 55 56 57 58. Secondly commutations may be made of many of the Bishops lands given to superstitious uses for many impropriations in the Kings hand and the hands of many of the Nobility 56 58 59 Thirdly there may bee a redemption made of the same land or buying in of many impropriations by a common purse or treasury which will increase 1. When the people shall be discharged of the burden of Ecclesiasticall Courts 2. The treasure will increase by the dissolution of Chapels of ease and uniting two Parishes into one and especially in great Cities and Towns where often are but small Livings 61 Dissolution of Chapels no new thing Ibid. Chapels the Seminaries of hirelings 62 3. By sequestration of the Livings of non residents 4. By the forfeiture of penall Lawes due to the King 60 61 62 63 Sequestration of the Churches of pluralists may further the treasure for redemption of impropriations 63 By what contributions Impropriations may bee brought to the use of the ministery 63 Fourthly the fourth meanes viz by contribution wherby Impropriations may be reduced to the ministery 63 64 65 How and by what means impropriations may be reduced into the ministery 65 66 None of the three estates in Parliament is lost by removall of the Hierarchy as appeares by severall statutes viz. 25. E. 3. c. 24. 31. Ed. 3. Stat. of Herrings 3. R. 2. c. 3. 7. R. 2. c. 12. 1. E. c. 2. 68 69 70 71 72 73 The state of Prelacy founded by the Grandfather of K. E. 3. 69 The K. having the assent of the Nobles and Commons may repeale statutes without the assent of the Prelates 70 The argument answered in which it is said that it hath been alwayes dangerous to pick quarrels against laws setled 74 75 Lesse danger to reforme the Church by new lawes than to continue corruption by old lawes 74 That argument answered in which it is said that there must of necessity be in every Parish one Pastor a company of Seniors and Deacon or two at the least and all those to be found of the Parish 75 76 77 78 What kind of men ought to be chosen Seniors and Deacons 76 The judgment of the Commissioners of Ed. 6. touching Elders and Deacons 77 The election of Pastors by the people stands upon the ground of reason and nature rules of Christian equity and the law of God therefore by no Law or custome can justly be taken away though actually it was by the Pope 79 to 87 Dangerous to innovate unlesse there be evident utility in innovation 80 The common manner of election in the old Churches was by the people 81 The King without the people hath power to nominate the Kingly Bishop 82 M. Bilson confirmes the peoples election of their Pastor 83 A great difference betwixt the choice of Bishops in England and Pastors 86 No Schisme hapned by choice of Pastors by the people ancient schimes were ever from the election of Bishops 87 88 therefore a Stat. is desired for the giving of election of their Pastors 86 Election of publike officers in Cities and Boroughs is by the principall men of these places 90 91. therefore Ministers may bee elected the officers of Cities and Townes Corporate chosen without contention therefore Pastors may be also chosen 90 The people would be more carefull of their Election than Bishops have been the people could make no choice of insufficient Ministers unles the Bishops did make insufficient Ministers 93 94 The common people accused of backwardnesse in Religion the reason of that must needs be from their ill guides 95 Men of excellent gifts and men of no gifts are unequally matched in the ministery of the Gospell 96 The people may know a man to be a fit Minister though he be not brought up among them 98 What knowledge of a Minister is required in the people before they choose him No partiall suits can follow the election of Ministers by the people 100 The means to take away all symony for places in the Ministry 100 The inconveniences of Bishops ordination set downe 102 As many suits betweene the Bish and the Clerke 2. suits between the Clerke and the Archdeacon 3. suits betweene the B. and the Archdeacon 4. Riots and breaches of the Kings peace 5. unlawfull Fees for Letters of institution 6. unlawfull Fees for letters of sequestration 105. 7. Perjury by the Clerk and robbery by the Patron 8. Chopping of benefices and dispensations 106. A supplication to the Parliament to consider these inconveniences and likewise a briefe way is set downe of the redresse of them 107 Diverse things set down concerning ordination of Ministers
absolutely and as really is revested in the person of the Queene as is the said spirituall authoritie Therefore as all spirituall Officers for the execution of the said spirituall power must have their authoritie derived unto them from the person of the Queene under the great Seale so likewise must all temporall officers for the execution of their temporall offices have the like commission The consequence of which enthimeme followeth not though the antecedent be true For although as well all temporall as all the said spirituall authoritie improperly so called was really and absolutely in the person of the Queene yet hereupon it followeth not that by one and the selfe same meanes alone and namely by a commission under the great Seale all temporall and the said spirituall power in every part and branch thereof should be drawne alike from the Queenes person For there be divers and sundry meanes to derive temporall authority wheras there seemeth to be but one only means to derive the said spirituall authoritie and then marke the substance of the authors argument Some temporall Officers as Stewards of Leets Constables and sundry other Officers must not draw their temporall authoritie from the Queene by a Commission under the great Seale Therefore no spirituall Officers as Archbishops Bishops Archdâ—acons and sede vacante Deanes and Chapters must draw any of their spirituall authoritie from the Queen by a Commission c. Which argument drawne from a particular affirmative unto a generall negative what weaknesse it hath every young Logician can discerne And as for Stewards of Leets though they have no Commission Though all temporall officers draw not their power from the King by the great seale yet by one meanes or other withdraw it from the King under the great Seale yet for the execution of their Stewardships they have a Commission under the Seale of the Exchequer Constables Decennary or Tythingmen and Thirdboroughs have their authorities derived unto them from the Kings person by the very originall and institution of their offices Sheriffs of Countries Coroners Escheators and Uerderors have their offices and their authorities warranted unto them by the Kings writs out of the Chancerie But it was not the minde of the Law-makers saith the Author that the Ordinaries by a commission under the great Seale should draw their said spirituall power from the Queen What the mindes of the Law-makers were touching this point it mattereth little or nothing at all Neither is it to purpose whether a commission under the great seale be necessarily required or not required by vertue of that statute 1 Eliz. c. 1. to warrant the said spirituall power unto Ordinaries Only it sufficeth that the Queen having all power improperly called spiritual invested in her Royall person and being really and actually seised of all the said supreme spirituall authoritie could not have any part of the same spirituall power drawne from her but by some one lawfull and ordinarie meanes or other For if this rule be true in every common person quod meum est sine mea voluntate à me auferri non potest how much more doth the same rule hold in the Royall prerogatives rights priviledges dignities and supremities of a King wherfore to say that all supreme and ordinarie power improperly called spirituall was really and actually inherent in the Royall person of the Queen and to say also that some of the same inferiour and ordinarie power not derived from the Queen was neverthelesse in the persons of inferiour ordinaries is as much to say that some branches of a tree may receive nourishment from elsewhere than from the root that some members of the bodie are not guided by the head and that some streames flow not from their fountaines And now to conclude this part against the Canon Law and their Offices and functions thereof I dispute thus The forraign and papall canon law with all the accessories dependances offices and functions thereof is utterly abolished out of the Realme Therefore the same law is no part of the lawes of the Realm and therefore also it is evident that there will not follow any alteration of the Lawes of the Realme by the taking of it away Which Canon Law also with other lawes and functions how easily the same without any inconveniences may bee supplied shall God willing be presently made apparant if first we shall answer to that challenge which the state of Prelacie may seeme to make for the continuance of their Lordly primacie out of the words of the great Challenge for Lordly primacy out of the great Charter answered Charter Concerning which challenge namely that by the great Charter Lordly Archiepiscopall and Episcopall primacie or jurisdiction belonging to the state of Prelacie is belonging unto them I demand unto what Church this great Charter was granted And whether it were not granted unto the Church of God in England The words of the Charter are these Concessimus Deo hâ—c praesenti Mag. Charta c. 1. Charta nostra confirmavimus pro nobis haeredibus nostris in perpetuum quod Ecclesia Anglicana libera sit habeat omnia jura sua integra libertates suas illaesas We have granted unto God and by this our present writing have confirmed for us and for our heires for ever that the Church of England be free and that she have all her rights and liberties whole and unhurt Now by this Charter if the same bee construed aright there is provision made first that such honour and worship be yeelded by the King and his subjects his and their successors and posteritie unto God as truly and indeed belongeth unto him Secondly that not only such rights and liberties as the King and his progenitors but also that such as God had endowed the Church of England with should inviolably be preserved And in very deed to speake truly and properly such rights and liberties only are to be called the rights and liberties of the Church of England which God himselfe hath given by his Law unto his universall Church and not which the Kings of England by their Charter have bequeathed to the particular Church of England When therefore question is made that by the great Charter the Kings of England are bound to maintaine the rights and liberties of the Church of England wee are to enquire and search what rights and liberties God in his holy word hath granted unto his universall Church and so by consequence unto the Church of England one part of the Catholike Church And this questionlesse was the cause that moved the victorious Prince Henry the eight so effectually and powerfully to bend himselfe against the Popes supremacie usurped that time over the Church of England For saith the King we will with hazard of our life and losse of our Crowne uphold and defend in our Realmes whatsoever wee shall know to be the will of God The Church of God then in England not being free nay having her rights and liberties
immediately from your highnesse by and under your Highnesse letters patents And whereas also by a statute made in the first yeare of King Edward the sixth entituled an Act what seales and stile Bishops or other spirituall persons shall use it was ordained that all and singular Archbishops and Bishops and others exercising Ecclesiasticall jurisdiction should in their processe use the Kings name and stile and not their owne and also that their Seales should be graved with the Kings arms And forasmuch also as it must be highly derogatorie to the imperiall Crowne of this your Highnesse Realme that any cause whatsoever Ecclesiasticall or temporall within these your Highnesse Dominions should bee heard or adjudged without warrant or commission from your Highnesse your heires and successors or not in the name stile and dignity of your Highnesse your heires and successors or that any seals should be annexed to any promise but onely your Kingly seale and armes May it therefore please the King at the humble supplication of his Commons to have it enacted That the foresaid branch of the foresaid Act made in the first yeare of Queene Elizabeth her raigne and every part thereof may still remaine and for ever bee in force And to theend the true intent and meaning of the said statute made in the first year of K. Edw. the sixth may be declared and revived that likewise by the authoritie aforesaid it may be ordained and enacted that all and singular Ecclesiasticall Courts and Consistories belonging to any Archbishops Bishops Suffraganes College Deane and Chapter Prebendarie or to any Ecclesiasticall person or persons whatsoever and which have heretofore beene commonly called reputed taken or knowne to be Courts or Consistories for causes of instance or wherein any suite complaint or action betweene partie and partie for any matter or cause wherein judgement of law civill or Canon hath beene or is required shall and may for ever hereafter be reputed taken and adjudged to be Courts and judgement seates meerely Civill secular and temporall and not henceforth Ecclesiasticall or Spirituall and as of right belonging and appertaining to the Royall Crowne and dignitie of our Soveraigne Lord King James that now is his heires and successors for ever And that all causes of instance and controversies betweene partie and partie at this day determinable in any of the said Courts heretofore taken and reputed Ecclesiasticall shall for ever hereafter bee taken reputed and adjudged to be causes meerly Civill secular and temporall as in truth they ought to bee and of right are belonging and appertaining to the jurisdiction of the Imperiall crown of this Realme And further that your Highnesse Leige people may bee the better kept in awe by some authorized to bee your Highnesse Officers and Ministers to execute justice in your Highnes name and under your Highnesse stile and title of King of England Scotland France and Ireland defender of the Faith c. in the said Courts and Consistories and in the said causes and controversies Be it therefore enacted by the authorities aforesaid That all the right title and interest of in and to the said Courts and Consistories and in and to the causes and controversies aforesaid by any power jurisdiction or authoritie heretofore reputed Ecclesiasticall but by this Act adjudged civill secular and temporall shall for ever hereafter actually and really be invested and appropried in and to the Royall person of our Soveraigne Lord the King that now is his heires and successors Kings and Queenes of this Realme And that it shall and may be lawfull to and for our said Soveraigne Lord and King his heires and successors in all and every Shire and Shires Diocesse and Diocesses within his Highnesse Dominions and Countries by his and their letters patents under the great Seale of England from time to time and at all times to nominate and appoint one or moe able and sufficient Doctor or Doctors learned in the Civill Law to bee his and their civill secular and temporall Officer and Officers Minister and Ministers of justice in the same civill secular and temporall Courts and Consistories which in and over his and their royall name stile and dignitie shall as Judge and Judges doe performe and execute all and every such act and acts thing and things whatsoever in and about the execution of justice and equitie in those Courts according to the course and order of the civill Law or the Ecclesiasticall canons and constitutions of the Realme as heretofore hath beene used and accustomed to bee done by for or in the name of any Archbishops Bishops Colledge Cathedrall Church Deane Archdeacon Prebendary or any other Ecclesiasticall person or persons whatsoever And that all and every such civill secular and temporall Officer and Officers Minister and Ministers Judge and Judges in his and their processe shall use one manner of Seal only and none other having graved decently therin your Kingly armes with certaine characters for the knowledge of the Diocesse or Shire And further be it enacted c. That it shall and may be lawfull by the authoritie aforesaid for our said Soveraigne Lord the King his heires and successors from time to time and at all times to nominate and appoint by his and their Highnesse Letters Patents under the great Seale of England for every Shire and Shires Diocesse and Diocesses within his or their highnesse Dominions one or more able and sufficient persons learned in the Civill Law to be his and their Notarie and Notaries Register and Registers by him and themselves or by his or their lawfull Deputie or Deputies to doe performe and execute all and every such act and acts thing and things as heretofore â—â— the Courts and Consistories Ecclesiasticall aforesaid hath beene and â—ow are incident and appertaining to the office of any Register or Notarie And further at the humble suit of the Commons c. it may please the King to have it enacted that all and singular matters of Wills and Testaments with all and every their appendices that all and singular matters of Spousals and Marriages with their accessories that all and singular matters of defamation heretofore determinable in the Ecclesiasticall Courts and if there bee any other causes of the like meere civill nature shall bee heard examined and determined by the said civill and secular Officers and Iudges in the said civill and secular Courts according to the due course of the civill Law or statutes of the Realme in that behalfe provided And that all matters of Tythes Dilapidations repayre of Churches and if there bee any other of like nature with their accessories and appendices shall be heard examined and determined by the said civill and secular Officers and Judges in the said Civill and Secular Courts according to the Kings Ecclesiasticall Lawes Statutes and customes of the Realme in that behalfe heretofore used or hereafter by the King and Parliament to be established And at the humble suite of the Commons may it please the King to
108 How a Minister ought to be called to a place of his examination and approbation by Ministers and the Parish and of his ordination and actuall calling to a place 108 This way laid down before is no such innovation as is pretended it being agreeable to the ancient Lawes of the Land 100 The spirit of the Prophets are subject to the Prophets how to be 112 What is to be done if suit fall out betwixt two Patrons 113 Patrons not so strictly curbed is pretended 114 Prophets to be taken from the Schooles of the Prophets upon difference in judgment of the abilities of men what then to be done 114 Concerning refusall upon non abilitie 116 The benefits insuing the platforme of ordination and required 117 118 What perfection is required in a Minister 120 Prelacy and a learned Ministery cannot stand together 120 That objection answered that the reward of learning being taken away learning it selfe must needs fall to the ground 121 Prelacy the bane of learned Ministers 122 That argument answered concerning the drawing of Schollers out of the Vniversities before they are fit 123 124 The argument concerning excommunication answered by whom excommunication ought to be performed 125 126 127 what it is 128 The inconvenience of the Bishops excommunication 129 It hath many deformities 130 By the Bishops excommunication one may be a communite 130 Excommunication toucheth them only who professe themselves members of the Church 133 The different manner of discipline exercised by Ecclesiasticall Commissioners severall instances in diverse persons set down 134 135 136 The Articles objected by her Majesties High Commissioners for causes Ecclesiasticall against G. B. of B. and F. B. of B. in the County of L. with observations on the Bishops proceedings 1637. 138 139 140 141. with a Copy of the Arch-bishops Letter and answer from the Bishop to that Letter The Argument concerning the bringing in of Aristocracy into the Church answered 143 Prelacy either oligarchie or tyrannīe 144 It is to be feared lest by the examples of the Prelates Oligarchie be brought into the Common-Wealth and therefore a caution is put in against it 145 The government of the Church by Prelates is not Monarchicall 145 If it be so then the government by Pastors may be so too 145 No cause for the Monarch to feare Aristocracy in Church government 147 Pastors disclaime to meddle in civill matters 147 The people of England are rather possessed with the sense of Democracy and Aristocracy 148 The manner of Policy by Pastors and Elders in the Church is agreeable to the government in the Common-wealth but the government by Prelacy is disagreeable 149 The answer of an Italian Bishop being asked vis ne Episcopari And the answer of an English Bishop having obtained his Congedelier 149 150 The manner of administration of justice spirituall in the Church by Prelacy 150 The administration of Iustice spirituall by Pastors and Elders agreeable to the execution of civill justice in the Common-weale 151 No matters of justice civil administred by one alone in the Common-wealth 150 152. Severall ordinances set downe in severall Courts how they proceed 152 153 154. The Government of the Church ought not to bee by one alone 155 156. Severall ordinances thereof in the same pages No exception to bee taken against Lay Elders to be authorized by the King in every Parish since the King authorizeth Lay Elders in Ecclesiasticall commission 157 Discipline of excommunication exercised by one Lay Elder and one Ecclesiasticall Elder an instance of this discipline set downe 157 158 The King hath as good right to command excommunication to be exercised by a Pastor and Elders as the Bishops have to commit the same to a Curate and one Lay Elder 159 Lay men appointed by the Queenes injunctions to execute some part of discipline 160 Every Minister ought to minister the discipline of Christ in his owne cure by consent of Parliament 161 The Minister by promise bindeth himselfe to minister the discipline of Christ 162 The not disposing in particularity all rites and ceremonies of discipline doth not hinder the exercise of discipline by the Minister 163 To what persons the discipline of Christ by Scripture is committed and whether the persons be arbitrable or no 164 165 A Bishop Pastor and Elder and our L. Bishop differ 165. and what a L. Bishop is No Lord Bishop called L. Pastor Pastorall authority of a L. Bishop and of other Pastours is equall 166 Whether a L. Bishop minister the doctrine Sacraments and Discipline of Christ by vertue of his Lordly Episcopall or Pastorall office 166 Lordly Episcopality authorized only by the Realme 167 If the L. Bishop have power to minister Discipline by divine right then no more can hee commit that his power to an other than hee can commit the power which he hath of preaching to another 168 Whether L. Bishops by Pastorall Authority may excommunicate a Pastour 169. Pastors over small Flocks are as truly Pastors as Pastors over great Flocks 169. As great parity between Pastors and Pastors as between Apostles and Apostles 169 Not onely Kings of great kingdomes but also Kings of small kingdomes bee true Kings 170. Rurall Deanes in Cheshire c. use some part of Episcopall power 171 Episcopall power to excommunicate granted by papall priviledges or prescribed Vse 171. Power to excommunicate if it be of divine right may not bee prescribed 171. No more preheminence given to a Bishop than to a Minister or to a Lay-man in some places for the use of Excommunication 172 AN ASSERTION FOR True and Christian Church-Policie Wherein certaine politike Objections made against the planting of Pastors and Elders in every Congregation are sufficiently answered And wherein also sundry projects are set downe how the Discipline by Pastours and Elders may be planted without any derogation to the KINGS Royall Prerogative c. ADMONITION THE reason that moveth us not to like of this Pag. 79. platform of Government is that when we on the one part consider the things that are required to be redressed and on the other the state of our Countrey People and Common weale we see evidently that to plant those things in this Church will draw with it so many and so great alterations of the state of Government and of the Lawes as the attempting thereof might bring rather the overthrow of the Gospell among us than the end that is desired ASSERTION THe benefit of all exceptions and advantages to the invaliditie uncertaintie imperfections and insufficiency of this admonitory bill and matters therein contained alwayes saved for answere to so much as concerneth this clause and every other clause and article of the bill hereafter following and without that that there is any matter or thing in the same bill of admonition materiall to be answered unto and not herein or hereby sufficiently answered confessed and avoided traversed and deemed is true in such manner and forme as in the same is set forth and declared
they undertake and whose glory they advance to bee a friend unto their friends and an enemie unto their enemies And if our Nobles and our Commons bee all hushed if they bee all at sleep at peace and at rest wee may cast away all feare and bee past all doubt that the King can not but holily recreate and solace himselâ—e and that his gray haires whensoever they shall come shall never bee brought to the grave in sorrow but in a good and perfect age and peace But happily it may be replyed that some of our Nobles and most of our `` Commons be so backwardly affected of the truth of Religion Pag. 79. as that rather they would turne head upon the Gospell than Pag. 79. brooke an alteration of Archiepiscopall Episcopall and Archidiaconall Church governement In deed if a reformation of the state of the Clergie were attempted by any other meanes than by publike tractation and consent of Parliament I could not but leane unto this opinion that the attempting thereof might bring an overthrow to the attempters Because the same attempt should be dishonourable to the name of God as being contrary to the forme of doctrine received But since things amisse are required to be redressed by the King and Parliament alone this objection is altogether vaine and frivelous and is already sufficiently convinced by that peaceable agreement betweene Nobles and Commons before remembred But let us wade a little deeper and search a little more narrowly into every veine creeke and corner of this supposition And let us see by what manner of persons this pretensed overthrow of the Gospell might bee wrought All carnall sensuall and earthly men either whose belly is their No feare that prophane men will overthrow the Gospell god or whose God is this world all such men I say as in every age be of Domingoes religion namely just and jump of that religion which the King and State professe they are so farre from attempting ought to overthrow the Gospell as under the shadow of the name thereof they will evermore croud and cover their carnalitie and prophannesse For they being evermore of every religion and so indeed of no religion and passing not whether our Saviour Christ or Beliall be their God sing as the Poet singeth Ais Aio Negas Nego beck and bow cap and knee to whatsoever the State and Law commands If the King be a Gospeller the Gospel the Gospel and naught else but the Gospel shall be found to roule in their mouthes But let the Crowne once turne by and by they have turned their Coates and as weaher-cocks with every puffe of winde are huffed about Whatsoever order or manner of government bee planted or displanted in the Church the same shall bee no corosive to them It shall never sticke in these mens stomacks neither will they lay it to their heartes The King and the Counsell is wise enough and know what they have to doe well enough They will not bee more forward nor wiser than the Prince they will not checke and controll the whole Realme They cannot brooke these busie bodies and medlers in matters above their reach They will bee none of these new fangled and precise fooles they will not be backward and come behinde the law as the Papists doe neither will they be too forward and runne before the law as the Puritans doe But they will behave themselves in all things and at all seasons as discreet and politike Protestants ought to doe conforming and submitting themselves alwayes to all order and authoritie of the Queenes booke and lawes setled Yea and though they be not booke learned nor any pen Clerks yet they believe well And therefore they will goe to the Church and say a few prayers yea and they will receive the Sacrament at Easter as devoutly as the best precisian of them all All these Atheists and godlesse men being neither hot nor cold neither fish nor flesh nor good red herring plant what plants you will and sowe what seeds you list yea make what ditch hedge pale wall or sence you please they set cocke upon hoope and passe not a button for it every season be it wet or be it dry every kind of land be it clay or be it sand every surrow be it broad or be it narrow be it deepe or be it shallow pleaseth these medley coates alike They are like unto Iacobs Ewes which having straked and party coloured rods laid before them in the gutters at a ramming time brought forth none other but party coloured Lambes And therefore they will never stir hand nor foot nor once step over a straw to worke any Admonitory protestants by their owne doctrine ought not to binde the Church to a perpetuall goveâ—nment of prelacie least annoyance to the Gospell It is good sleeping alwayes for these men in a whole skinne And not much unlike to these party coloured sleepers are the admonitorie protestants For they as the dutie of faithfull subjects doe bind them living in a state of the Church reformed and having libertie in externall government and other outward orders to choose such as they thinke in wisedome and godlinesse to be most convenient for the state of their countrey and disposition of the people and having the consent of their godly Magistrates to that outward forme of jurisdiction and deciding of Ecclesiasticall causes these kinde of protestants I say alwayes blowing out the trumpet of obedience and crying an alarum of loyaltie to every ordinance of man and gravely wisely and stoutly demeaning themselves against all the giddie heads and fanaticall schismatikes and wrangling spirits of our age dare not I trow slip the collar nor cast off the yoke dare not push with the horne nor wince with the heele against the Gospell If so bee by the authoritie of our Christian King with the consent of his Parliament the platforme of govern as he saith devised by some of our neighbour Churches but as we and they themselves confesse practised by the Apostles and Primitive Church might bee received and established to be the best and fittest order of governement for the Church of England as well as it hath been a long time and yet is of Scotland and of most of all other Christian Churches For if it be too great a bridle of Christian libertie as they say in things externall to cast upon the Church of Christ a perpetuall commandement and if the Church have free libertie to make choise of what government soever she thinketh convenient then is she neither restrained at her pleasure to forsake that which by long experience she hath found to be inconvenient neither is she tyed still to retaine Archiepiscopall Episcopall and Archidiaconall governement though for a long season the same have beene used For that indeed might well and justly be said be too to great a bridle of Christian libertie when by necessitie there is cast upon the Church such a perpetuall regiment of prelacy as may
of the Common Law before the Kings Judges and Justices of the Kings bench and Common pleas By a Statute of 32. H. 8. c 7. it is cleare that all tyths oblations c. and other Ecclesiasticall or Spirituall profits by the lawes and statutes of the Realme may be made temporall as being admitted to be abide and goe to and in temporall hands lay-uses and profits From the reason of which statute it is cleare that those lawes likewise may be reckoned amongst us for temporall lawes which by the lawes and statutes of the Realme may be executed by temporall and lay persons and which are conversant about temporal and lay causes If then the execution of the Lawes touching these matters may lawfully remaine and abide in the hands of Doctors of the Civill Law being temporall and lay persons as alreadie under the Bishops they doe it cannot be denied but that the Kings Judges and Justices of both benches may bee as competible Judges to put in execution the lawes concerning these matters as Doctors of the Civill Law or other lay men be But the causes are not reputed and called temporall and lay causes amongst us What for that if in their owne nature simply considered these causes be merely lay and temporall causes such causes I meane as whereof the King a lay civill and temporall Magistrate by his lay civill and temporall Magistracie derived unto him immediately from the holy law of God may and ought to take cognizance and thereupon either in his owne Royall person or by the person of any of his inferiour Officers may give absolute and peremptorie judgement If I say these things be so what booteth it or what wisedome is it to contend that these causes and matters have been and are still adjudged to be therefore Ecclesiasticall and no temporall causes because through an abusive speech or through a vaine and evill custome they have beene so led and accompted in times past And what if it hath pleased the Kings Progenitors by sufferance to tolerate the executions of such Lawes as concerne these things to bee in the hands and power of Ecclesiasticall persons yet hereupon it followeth not that in very deede and truth the Magistracie of the said Ecclesiasticall persons was an Ecclesiasticall Magistracie or that they were Ecclesiasticall Magistrates but their Magistracie was and remained still a temporall magistracie and they were and abode temporall Magistrates For not more can the qualitie of the person alter the nature of the cause than can the qualitie of the cause alter the nature of the person And if it be true that matters determinable in times past by a Magistracie abusively called Ecclesiasticall be notwithstanding properly temporall matters and that the same Magistracie also be a temporall and no spirituall Magistracie what a childish and poore conceit is it to challenge and threp upon the temporall Magistrate that he hath none or very few temporall lawes touching those matters and that therefore the people should not solicit an alteration of abuses in Church government left for want of temporall lawes the people should bee without Ecclesiasticall discipline It will be no small matter saith he to apply these things to the temporall law yea and so say I to But what of that The question is not how hardly these things may be applyed to the temporall law but how small a matter it were to apply the temporall law unto these things For it is not said in any law that casus ex juribus but it is said in all lawes that ex casibus jura nascuntur The temporall law may easily be applyed to causes now reputed Ecclesiasticall And indeed the Phisition applyeth not the disease to his Phisick but he prepareth his phificke for the disease The husband-man he measureth not his ground by the seed but his seed by the ground The Draper he meateth not his yard by the cloth but his cloth by the yard If in like manner the temporall lawes and the grounds and rules thereof were applyed to these matters of tythes marriages c. whereof he speaketh what more alteration could there bee of the temporall law by such an application then there is an alteration of the plummet by laying it to the stone or than there is an alteration of the rule or yard by laying them to the timber and cloth Besides he that rightly and after an exact and equall proportion can apply one rule or maxime of the temporall law to many more cases than whereupon it hath beene usually in former times applyed hee may rather bee reputed an additioner than an alterer of the Law But how may the temporall Law be applyed to those matters how even so and so as followeth By the statute of 32. H. 8. c. 7. it is declared that tythes oblations how tythes may bee recovered in the Kings temporall Courts c. and other Ecclesiasticall or spirituall profits c. being lay mens hands to lay uses be no more Ecclesiasticall but temporall goods and profits and that if any person were diseased deforced wronged or otherwise kept or put from his lawfull inheritance estate seisin c. of in or to the same by any person claiming or pretending to have interest or title in or to the same that then in all and every such case the person so disseised deforced or wrongfully kept from his right or possession shall and may have his remedie in the Kings tempoâ—al Courts as the case shall require for the recoverie of such inheritance by writ originall c. to be devised and granted out of the Kings Court of Chancery in like maner c. It is there likewise provided that that Act shall not extend nor be expounded to give any remedie cause of action or suite in the Courts temporall against any person which shall refuse to set out his tythes or which shall detaine c. his tythes and offerings But that in all such cases the partie c. having cause to demand or have the same tythes shall have his action for the same in the Ecclesiasticall Courts according to the ordinance in the first part of that act mentioned and none otherwise Now then sithence every person whether he be lay or Ecclesiasticall having right to demand tythes and offerings hath the partie from whom those tythes be due bound and obliged unto him and sithence also the partie not dividing yeelding or paying his tythes doth actually and really detaine the same and thereby doth unjustly wrong the partie to whom they be due contrary to justice and the Kings lawes sithence I say these things be so what alteration or disadvantage could befall or ensue to the Common Law or the Professors thereof if so be it might please the King with his Parliament to have the last part of this Act so to be explained extended and enlarged as that the same might give remedy in the Kings temporall Courts by writ originall to be devised and granted out of the Chancerie against
Lawes by punishment of body and losse of goods than excommunication and that they will more feare that manner of punishment I hold and affirme therein as he holdeth and affirmeth and yet I say that to the matter in question hee hath fitted no other answer than as if hee had answered a poke full of plummes or a Buchet full of Peares for the controversie is not concerning those that are without but concerning those that are within not touching those that are not of the house-hold but touching them that are of the house-hold of faith and of God As for the first sort of which people the Reverend Bishops with good leave may procure what sharp punishment they can devise for by the Church excommunicated they should never bee For how should any be thrust from the communion of the Church who never were in the communion with the Church But it is to bee feared that this sharpnesse of punishment is not urged so much to be inflicted upon them that are without as upon them that are within the bosome of the Church For though such as bee without did a long time scorne and set naught by the sword of excommunication which was not onely drawne out by the Chancelours Commissaries and Officials for every crust of bread and for every piece of Bacon but also which was againe put up for every cracked grote and for every IRISH harper the Reverend Bishops whose freehold by such contempt was not touched were pacified and contented themselves well enough by inflcting and releasing that manner of punishment but now for so much as they perceive the Children within the Church to begin seriously and religiously to stand against the use of Lordly and humane censures for the Crown and Scepter of our Saviour Christ and that the statelinesse of Prelacy must be taken one hole lower if the simplicity of the holy ministery bee exalted a degree higher they pretend Discipline by excommunication which is the sword of the Son and heire of God to be too bluntly pointed and too badly edged to foyne or to strike withall Touching that very good manner of Discipline by the Ecclesiasticall commission which hee saith hath done and doth daily much good and would doe more if it were more common the people whom hee admonisheth have just cause of being desirous to understand what manner of Discipline it is which is so highly commended Not one manner of Discipline used by the Ecclesiasticall Commissioners For all men know that the Ecclesiasticall Commissioners use not in all places and at all times one and the selfe same manner of Discipline For the same Commissioners for the same kind of offences sometimes suspend sometimes deprive sometimes degrade sometimes excommunicate sometimes fine sometimes imprâ—son sometimes command this penance and sometimes that Nay sometimes having convented before them grave Learned and godly Ministers for crimes supposed to be Ecclesiasticall and for the same pretensed Ecclesiasticall offences having detained them some yeares in durance This Discipline was practised against Master Cart-Wright Fenner Whight L. Snape and others for refusall of the oath ex officio in the end not having any other supposed just cause of inflicting any punishment upon them by Ecclesiasticall authority have been forced for a shew to maintaine their own credits to cause accusations to be framed against them by the Queenes Atturney in the High Court of Star Chamber as against violators of the dignities of the Royall Crowne whose innocencies by the very witnesses produced by their meanes on the behalfe of the Queene have notwithstanding beene fully cleared from the faults objected and the Ministers discharged without any ordinary Ecclesiasticall Discipline used by the high Commissioners against M. Vdall punishment usually inflicted by that Court upon malefactors Nay further when the Ecclesiasticall Commissioners had committed Master Vdall to prison where he remained halfe a yeare for refusall of the oath ex officio touching his knowledge of the Author of a Book entituled The Demonstration in the end he was delivered over as a fel on for making of the same booke and for the which he was arraigned and convicted and so died in prison notwithstanding our Soveraigne Lord King Iames then King of Scotland had Gratiously written for his deliverance And how then would the Admonitor have the people contented with such a moderation of Ecclesiasticall discipline as the Ecclesiasticall Commissioners maâ—y times use For did he thinke that every manner of discipline used by the High Commissioners can not bee but a very good An oath tendered by the Ecclesiasticall Commission unto M. V. dall in case of Fellony moderatâ—on Why then let some of the Commissioners tell the people whether the Ecclesiasticall Commissioners used a very good moderation and manner of Discipline Ecclesiasticall against the same Master Vdall when they tendered unto him a corporall oath to have appeached himselfe upon a matter which was adjudged to be Felony or let them declare what a very good manner of discipline Ecclesiasticall certaine Ecclesiasticall Commissioners used when having a Gentleman before them wearing long haire they constrained the same Gentleman by force and strong hand to have his head notted in their presence The wearing of long haire by our Lawes being not reputed an Ecclesiasticall crime no although the same be worne by attendants upon the Reverend Bishops waiting on their Trenchers Or let them signifie unto us what a good manner of discipline and moderation it was for a Bishop and his associates to make an act in the High Commission Court repugnant to the Institution of our Saviour Christ and contrary to the order The Minister authorized to put sacramental bread into the mouth of a Communicant appointed by the Book of Common Prayer that the Minister should put the Sacramentall bread inro the mouth of a superstitious communicant and not deliver it into his haâ—ds After our hearty commendations saith the Bishop and his associates whereas I. V. one of your charge hath beene often convented before us Her Majesties Commissioners in causes Ecclesiasticall for not receiving the holy Communion it seemeth unto us that he hath not of any contemptuous minde refrained fâ—om the same but is willing to receive it and so hath bound himselfe saving that hee hath a scruple in his minde by reason of a fond vow or promise hee made long agoe whereof he is sorry never to receive the Sacrament into his hand but to put it into his mouth by the Minister And therefore wee pray you to beare a time with his weakenesse and permit him to receive it in that sort untill by your good counsell and perswasion he may be reduced from that fond scruple And so we bid you heartily farewell Your loving friends c. And seeing the Admonitor hath opposed a very good manner of Discipline by the Ecclesiasticall commission against excommunication it seemeth that excommunication in his judgement is no Master Excommunicated by the High Commissioners most