the Kings prerogative Royall be duely advanced Which things if it might please them rightly to consider then let them humblie and seriouslie beseech our Sovereine Lord the King and States in Parleament to giue their consentes to such a law as the proiect ensuing may warrant thē the same not to be dangerous to the overthrowe of their civill studies The Proiect of an Act for the explanation and amplifying of one branch of a statute made in the first yeere of the raigne of Queene Elizabeth entituled An Act restoringe to the Crowne the ancient iurisdiction over the state Ecclesiasticall and also for the declaring and reviving of a statute made in the first yere of King Edward the sixt entituled An Act what seales and stiles Bishops and other spiritual persons exercising iurisdiction ecclesiasticall shall vse FOr asmuch as by one braunch of an Act made in the first yeere of our late Soveraigne Ladie of blessed memorie Queene Elizabeth entituled an Act restoring to the Crowne the auncient iurisdiction over the state Ecclesiastical Spirituall and abolishing all forraigne power repugnant to the same it was established and enacted That such iurisdictions priviledges superiorities and preheminences spiritual and ecclesiasticall as by anie spirituall or ecclesiasticall power or authoritie hath heeretofore bin or may lawfully be exercised or vsed for the visitation of the Ecclesiasticall state and persons and for reformation order correction of the same and of all maner errors heresies schismes abuses offences contempts and enormities should for euer by authoritie of that present Parleament be vnited and annexed to the Imperiall Crowne of this Realme by meanes whereof it may now be made a questiō whether any Archbishops or other Ecclesiasticall persons having since that time vsed or exercised any such spirituall or ecclesiasticall iurisdiction in their owne right or names might lawfully haue done or hereafter may lawfully doe the same without speciall warrant and authoritie derived immediatly frō your Highnes by and vnder your H. letters patents And whereas also by a statute made in the first yeare of Kinge Edward the sixt entituled an act what seales and stile Bishops or other spirituall persons shall vse it was ordained that all and singular Archbishops and Bishops others exercising ecclesiastical iurisdictiō should in their processe vse the Kings name and stile and not their owne and also that their Seales should bee graved with the Kings armes And forasmuch also as it must bee highly derogatorie to the Imperiall Crowne of this your Highnesse Realme that any cause whatsoever ecclesiasticall or temporall within these your H. Dominions should be heard or adiudged without warrant or commission from your Highnes your heyres successors or not in the name stile and dignitie of your Highnes your heyres and successors or that anie seales should be annexed to anie promesse but onelie your Kinglie seale and armes May it therefore please the King at the humble supplication of his Commons to haue it enacted That the aforesaid branch of the aforesaid Act made in the first yeere of Queene Elizabeth her raigne everie part thereof may still remayne for ever be in force And to the end the true intent and meaning of the said statute made in the first yeere of King Edward the sixt may be declared and revived that likewise by the authoritie aforesaid it may be ordayned and enacted that all and singular Ecclesiastical Courts and Consistories belonging to any Archb. Bb. Suffraganes Colege Deane and Chapiter Prebendarie or to any Ecclesiasticall person or persons whatsoever and which haue heretofore bin commonly called reputed taken or knowne to bee Courts or Consistories for causes of instance or wherein any suite complaint or action betwene partie and partie for any matter or cause wherin iudgment of law civil or canon hath bin or is required shall and may for ever hereafter be reputed taken and adiudged to be Courts and iudgmentseats meerely civill secular and temporall and not hence foorth Ecclesiasticall or spirituall and as of right belonging and apperteyning to the Royall Crowne and dignitie of our Soveraigne Lorde Kinge Iames that nowe is his heyres and successors for ever And that all causes of instance and controversies betwene partie partie at this day determinable in any of the said Courts heretofore taken and reputed ecclesiasticall shall for ever hereafter bee taken reputed and adiudged to be causes meerely civill secular and temporall as in trueth they ought to be and of right are belonging and appertayning to the iurisdiction of the Imperiall Crowne of this Realme And further that your H. liege people may be the better kept in awe by some authorised to be your H. Officers Ministers to execute iustice in your Highnes name and vnder your H. stile and title of King of England Scotlād Frāce and Ireland defendor of the faith c. in the said Courtes and Constories and in the said causes and controversies Bee it therefore enacted by the authoritie aforesaid That all the right title and interest of in and to the said Courts and Consistories and in and to the causes controversies aforesaide by any power iurisdiction or authoritie heretofore reputed Ecclesiasticall but by this Act adiudged civill secular and temporall shall for ever hereafter actually and reallie be invested and appropried in and to the Royall person of our Soveraigne Lord the King that now is his heyres successors Kinges and Queenes of this Realme And that it shall and may bee lawfull to and for our saide Soveraigne Lord and King his heyres and successors in all and everie Shire and Shires Diocesse and Diocesses within his H. Dominions and Countries by his and their letters patents vnder the great Seale of England from tyme to tyme and at all tymes to nominat and appoint one or moe able and sufficient Doctor or Doctors learned in the civill law to be his and their civil secular and temporal Officer and Officers Minister and Ministers of Iustice in the same civill secular and temporall Courts Consistories which in and ouer his and their royall name stile and dignitie shall as Iudge and Iudges doe perform execute all and every such act and acts thing and things whatsoeuer in and about the execution of iustice and equitie in those Courts according to the course and order of the civill lawe or the Ecclesiasticall canons and constitutions of the Realme as heretofore hath bin vsed and accustomed to bee done by for or in the name of any Archbb. Bb College Cathedral Church Deane Archdeacon Prebendary or any other Ecclesiasticall person or persons whatsoeuer And that all and every such civill secular and temporall Officer and Officers Minister and Ministers Iudge Iudges in his and their processe shall vse one manner of Seale only and none other hauing graued decently therein your Kingly armes with certaine characters for the knowledge of the Diocesse or Shire And further bee it enacted c That it shall and may be lawfull by
can any way be pregnant to proue the other And touching his assumption viz but the planting of the gouerment practised by the Apostles and primitiue Church will draw with it many great alterations of the state of gouerment of the lawes If in this place he vnderstood the state of Church gouerment and of the lawes Ecclesiasticall now in vse then is the proposition true And yet notwithstanding we avow the Gospell to be so farre from incurring any ouerthrow by such an alteration as thereby it is certayne that the same shal more more florish and be perpetuallie established by reason that this alteration should be made frō that which by long experience is knowne to be corrupt vnto that which is knowne by the holy Scriptures to be pure and sincere From a gouerment I say and lawes authorized by tradition and commandements of man alone to a policy lawes founded and descended by and from God him selfe But if the Admonitor by the assumption ment to enforme vs that the planting of the Apostolical gouerment will draw with it manie and great alterations of the temporall state of gouernment and of the temporall lawes statutes or customes of the kingdome then as before to his first so now also to his seconde I answere negatiuely and affirme that the The planting of the Apostolicall gouermēt will draw no alteratiō of the lawes of the realm with it planting of the said Apostolicall gouerment will not draw with it any least alteration of anie part of that temporall state of gouerment nor almost of anie one common statute or customarie law of the Land which may not rather bee altered thē reteyned For this platforme of gouerment we are able by the helpe of God to defend the same generallie for the most part to be most agreeable and correspondent to the nature qualitie disposition estate of our countrey people common weale and lawes as in our particular answeres to his particular reasons shall more at large appeare In all new and extraordinarie alterations it is not onely requisite to abolish al bad opinions out of the minds of those that know not the drift of the enterprisers but it is also necessarie that the defence of such alterations be made forcible against the opposition of all gaynesayers We will descend to the particulars ioyne issue with the Admonitor And vpon allegations exceptions witnesses and recordes to be made sworne examined and produced out of the holie Scriptures and lawes of the Land alreadie setled on the behalf of our cause before our Soveraigne Lord the King his Nobles and cōmons in Parleament we shall submit our selues and our cause to the Kings Royall and most Christian Iudgement In the meane time we 〈◊〉 that not onely the former clause of this admonitorie Bill but that al other clauses following in the same bill for the invaliditie insufficiencie indignitie and nullitie of them are to be throwne out and dismissed from the Kings Court especiallie for that the particulars opened by the Admonitor can not serue for any reasonable warning to induce the common people to relie themselues vpō his I am of opinion to the which wee plead at barr as followeth Admonition First saith he the whole State of Pag. 77. the Lawes of this Realme wil be altered For the Canon Law must be vtterlie taken away with all Offices to the same belonging which to supply with other lawes and functions without many inconveniences would bee verie hard the vse and studie of the civill law wil be vtterly overthrown Assertion When by a common acceptance and vse of speech these words whole state of the lawes of the Realme are vnderstood of the common and statute lawes of the Realme that is to say of the Kings temporall lawes and not of Canon or civill lawes it cannot followe that the whole state of the lawes of the Realme should Canon and civil laws no part of the laws of the Realme but only by sufferance be altered though the Canon and civill lawes with all Offices to the same belonging should be vtterly taken away be wholy overthrowne For no more could the Admonitor prove the canon or civill law at any time heretofore to haue bin any part of the lawes of this Realm otherwise then onlie by c 2. 25. H 8. C 21. in the preamble sufferance of our Kings acceptance long vse and custome of our people then can any man proue a parsly-bed a rosemary-twigge or an ivie-branch to be any part of the scite of the Castle of Farnham And therefore he might aswell haue concluded thus the whole scite of the Castle of Farnham wil bee transposed for the Boxetrees the heythorn arboures and the quicke set hedges planted within the Castle-garden must be removed cast away which were but a proof proouelesse and a reason reasonlesse If then by the abrogation of the canon or civill law scarce any one part of the lawes of this Realme should bee changed what reason haue we to thinke that the whole state of the lawes of the Realme must be altered Besides to conclude the whole by an argument drawen ab enumeratione partium and yet not to number the tenth part of such parts as were to bee numbred is I am sure neither good logike nor good law Moreover if all the canon-law I meane all the papall and forraigne canon law devised and ordeined at Rome or els where without the Realme and consequently all the Offices functions to the same belonging bee alreadie vtterlie taken away what hope of reward can Civilians expect from the vse of such things as are within the compasse of that law or of what efficacie is this argument to prove an alteration of anie part of the lawes of this Realme or that the studie of the Civill Law should be vtterly overthrowne For the whole state of the lawes properlie called the lawes of the Realme hath stood and continued many yeeres since the same Papal and canon law was abolished And as touching the Civilians for them to seeke after prefermentes by An imbasemēt for Civiliās to haue preferment by offices of the canon law offices and functions of the canon law is an embasement of their honorable profession especiallie since farre greater rewardes might verie easilie be provided for them if once they would put to their helping handes for the onely establishment and practise of the civil law in the principall causes now handled by them in the Courtes called Ecclesiasticall The canon law be abolished out of the Realme ought not to be vsed But how may it be proved that the Papall and forreign canon law is alreadie taken away and ought not to be vsed in England For my part I heartilie wish that some learned men in the common law would vouchsafe to shew vnto the King and Parleament their clere knowledge in this point In the meane season I shall not be negligent to gather set downe what in mine
haeredibus nostris in perpetuum quod Ecclesia Anglicana libera sit habeat omnia iura sua integra libertates suas illaesas We haue graunted vnto God and by this our present writing haue confirmed for vs and for our heyres for ever that the church of England be free and that shee haue all her rights and liberties whole and vnhurt Nowe by this Charter if the same be cōstrued aright there is provision made first that such honour and worship bee yeelded by the King and his subictes his and their successors and posteritie vnto God as truely and in deed belongeth vnto him Secondlie that not onely such rightes and liberties as the King his progenitors but also that such as God had endowed the Church of England with should inviolably be preserued And in verie deed to speake truely properly such rights and liberties onely are to be called the rightes liberties of the church of England which God him selfe hath giuen by his lawe vnto his vniuersall Church not which the Kings of England by their Charter haue bequeathed to the particular church of England When therefore questiō is made that by the great Charter the Kinges of England are bound to maintayne the rights and liberties of the Church of Englande we are to enquire and search what rights and liberties God in his holie word hath granted vnto his vniversall Church and so by consequence vnto 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 effectuallie and powerfully to bend him selfe against the Popes supremacie vsurped at that time over the Church of England For saith the King wee will with hazard of our life and losse of our Crowne vpholde 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 according to the great Charter whole and vnhurt but being in bondage and servitude to the Sea of Rome contrarie to the lawe of God the King iudged it to stande highlie with his honor with his oath according to the measure of knoweledge which then was giuen vnto him to reform redresse amend the abuses of the same Sea If then it might please our gratious Soveraigne Lord King IAMES that now is treading in the godly steppes of his renoumed great Vncle to vouchsafe an abolishment of all lordlie primacie executed by Archiepiscopal Episcopall authoritie over the Ministers of Christ His Highnes in so doing could no more rightlie bee charged with the violation of the great Charter then might King HENRY the eight with the banishment of the Popes supremacie or then our late Soveraigne Ladie the Queene could be iustlie burthened with the breach of her oath by the establishment of the Gospell Nay if the Kings of England by reason of their oath had bin so straightlie tied to the wordes of the great Charter that they might not in anie sort haue disannulled any supposed rightes liberties of the church then vsed and confirmed by the great Charter vnto the church that thē was supposed to be the Church of God in England then belike King Henrie the eight might bee atteinted to haue gone against the great Charter and against his oath whē by the overthrow of Abbayes Monasteries he tooke away the rightes and liberties of the Abbotts and Priors For by expresse wordes of the great Charter Abbotts and Priors had as ample and as large a Patent for their rightes and liberties as our Archb. Bb. can at this day chalenge for their primacies If then the rightes and liberties of the one as being against the lawe of God be duly lawfully taken away notwithstanding any matter clause or sentence conteyned in the great Charter the other haue but litle reason by colour of the great Charter to stand vpon their pantofles and to contend for their painted sheathes For this is a rule maxime in all good lawes that in omni iuramento semper excipitur authoritas maioris vnlesse then they be able to iustifie by the holy scriptures that such rightes and liberties as they pretend for their spirituall primacie over the Ministers of Christ to be granted vnto them by the great Charter be in deed truth likewise confirmed vnto them by the holy law of God I suppose the Kinges Highnes as a successor to King Henrie the third and as a most iust inheritour to the Crown of England by the words of the great Charter and by his oath if once the same were taken to be bound vtterlie to abolish all Lordly primacie as hetherto vpheld and defended partly by ignorance and partlie by an vnreasonable and evill custome Admonition The vse and studie of the civill lawe wil be vtterly overthrown for the Civilians in this Realme live not by the vse of the civill lawe but by the offices of the canon lawe and such things as are within the compasse thereof And if you take those offices and functions away and those matters wherein they deale in the canon lawe you must needes take away the hope of rewarde and by that meanes their whole studie Assertion This collection dependeth vppon his former Reason is borrowed to proue a necessary continuance of canon law and concludeth in effect thus The taking away of the reward and maintenance of Civilians wil bee the overthrowe of the vse and studie of the civill lawe But the taking away of the canon lawe the offices and functions thereof and such things as are within the compasse of the same wil bee the taking away of the reward and maintenance of Civilians Therefore the taking away of the canon lawe wil be the overthrowe of the vse and studie of the civill lawe But we denie the assumption and affirme The maintenance of Civiliās dependeth not vpō the functions of the canon lavve that Civilians might haue farre better reward maintenance then now they haue if the offices and functions of the canon lawe and such things as are conteyned within the same were simply and absolutely taken away And further we say if there were none other vse nor end of the studie of the civill lawe then hope of reward and maintenance by some office function of the canon lawe that then Civilians should in vaine seeke for knowledge in the civill lawe because without the knowledge thereof and by the only knowledge of such things as are within the compasse of the canon law they might reape that rewarde and maintenance Nay sithens by experience wee haue known that some who neuer vnclapsed the institutions of Iustinian out of the same to learne the definition of civill iustice haue bin yet are authorized to exercise the offices and functions of the canon law how should the studie of the civill lawe bee furthered by these offices and functions when as without any knowledge of the civill
as robbers and ransackers of the church And that some of the plotters for the Prelacie more honestlie might haue imployed both their Latine and their labour then latelie they did When by drawing letters as they pretended congratulatorie to the King onlie in the name of preaching Ministers they procured notwithstanding ignorant vnpreaching Ministers to ioyne in the action and to affix their handes and names That such letters haue bene made and signed is sufficientlie to bee proved but whether they haue ben presented to the Kinges handes is not yet knowne Onely if they shall hereafter come then may they be known by these wordes Nos Concionatores c. ab omni domestica capacitate eorum qui pretextu religionis ecclesiae insidiantur My Lord the King is wise according to the wisedome 2 Sā 14. 24 of an Angell of God to vnderstand all things whereof he is informed The third meanes to reduce impropriations vnto the possession of the Ministerie Publick redemption of impropriations is by way of publicke redemption or purchase For the accomplishment whereof it is necessarie that not onelie a common treasure be provided but also that the price of impropriations by a publicke consent be valued at a reasonable rate to make which rate will bee a matter of small weight whether they be valued to be bought and sould at their old and auncient or at their new improved rentes To provide a common treasure though to some it may seeme a matter intricate and troublesome yet seeing the same possiblie and convenienlie may be done there is no cause that men should feint before they fight or be at an end before they beginne It is written that the cause when Kinge Solomon 1 K. 9. 15. raised the tribute to wit was to build the house of the Lorde his owne house and Millo and the wall of Ierusalem After that wicked Athaliah and 2. Cron. 24 her children had broken vp the hous◠of God had bestowed all the things that were dedicate for the house of the Lorde vpon Baalim King Ioash commanded the Priestes and Levites to goe vnto the Cities of Iudah and to gather of al Israell money to repayre the house of God from yeare to yeare and they made a chest and made Proclamation to bring the tax of Moses the Princes reioyced and brought in and cast into the chest And when there was much silver they emptied the chest and caryed it to his place againe and thus day by day they gathered silver in abundance If thē towards the building of an earthlie house the Princes people of Iudah and Israell willinglie with ioy of their heartes from yeare to yeare and from day to day threwe silver in abundance into the chest how much more were it praise worthy if Christian people did encourage them selves to pay a small tribute towards the provision of a competent maintenance for their spirituall Pastours by whose labours as livelie stones they might be buylded vp into a spirituall temple in the Lord That manie and great taxes and tributes of late yeares haue bene made for many vses and to many purposes there is no man ignorant thereof And therfore though there bee litle reason that the people standing alreadie burdened with great charge should be again recharged especiallie when without any extraordinarie burden there is an ordinarie meanes if the same were accordingly bestowed by the people yeelded to relieve the Ministers in all places with a decent and comelie portion yet notwithstanding to be eased from those publicke payments and annuall greevances imposed by the ecclesiasticall Courtes vpon the people it is not to be doubted but the Parishioners in al places would willinglie pay any reasonable taxe or tribute to be demanded of them for this purpose An other meanes to rayse this publike treasure may be a dissolution of all free The dissolution of Chappels may bee a good meane to rayse a tribute Chapples and Chapples of ease in the Countrey together with an vnion of two or moe churches into one especiallie in Cities and great Townes For as in these Cities and Townes the poorest meanest livings be provided so generallie for the most part are they fitted with the poorest and meanest Curates as by most lamētable experience is to be seene in all the Episcopall cities of the Realm excepting London Nay the chiefe and Metropolitane citie of Canterburie is not to bee excepted For in that Citie there being about 12. or 13. Parish churches there hath not bene ordinarilie of late yeares aboue 3. or 4. able Preachers placed in the same Churches The Chapples to be dissolved and the Churches to be consolidated by two and two into one one can be no fewer in number then one thousand at the least All which if they might be solde the money to bee raysed vpon their sale could be no lesse then twentie thousand poundes if they were soulde onlie for twentie pounds a peece But if they be well worth double or treble so much then would the treasure also bee doubled or trebled This dissolution of Chapples and vnion of Churches is no new devise nor strange innovation But hath ben heretofore thought vpon and in some parte confirmed alreadie by our Kinges in their Parleaments Touching the dissolution of Chapples the most Dissolution of Chappels noe newe devise reverēd Father Thomas Crammer Archbishop of Camterburie with the residue of the Kings Commissioners appointed for the reformation of Ecclesiasticall lawes alloweth of the same And for the vnion of Churches there was an acte made 27. H. 8. so they exceeded not the value of six pounds And by a statute Titu de eccles gard fol. 54. r. Ed. 6. it was lawfull for the Mayor Recorder of the Citie of Yorke and the Ordinarie or his Deputie six Iustices Lawfull for the Maior of Yorke c. to vnite Churches in the Citie of Yorke of the peace in the same Citie to vnite and knit together so many of the poore Parishes of the same Citie and suburbes of the same as to thē should be thought convenient to be a living for one honest incumbent And it was lawfull for the said Mayor Recorder and Aldermen to pull downe the Churches which they should think superflous in the said citie and suburbes of the same and to bestow the same towardes the reparation and enlargement of other Churches of the Bridges in the Citie and to the reliefe of the poore people The considerations which moved the King and Parleament What reasons moved K. Ed 6. to vnite churches in York may moue King Iames to vnite Churches in Canterburie c. to ordeyne this act were these viz. The former incompetēcie of honest livings the former necessitie of taking verie vnlearned and ignorant Curates not able to do any part of their duties the former replenishing of the Citie with blinde guides and Pastors the former keeping of the people aswell in ignorance of their
carefullie vse this his freedome And therefore he may not wholy and altogether put from him selfe and expose at haphazard the provision education instruction dieting appareling and lodging of his wife his sonnes his daughters and his servaunts vnto strangers neither may Husbandes Fathers nor Maisters giue their consent to the making of anie lawe or the bringing in of anie custome whereby their freedomes should be restreyned adnihiled or made voyde in this behalfe For by thus violating the rules and grounds by thus treading as it were vnder foote the equitie of Christ and the freedome they haue by the lawe of God should they not most prophanelie and impiouslie despight God and as it were over turne the whole order he hath set in nature And if the people may not cast off these rules and these groundes this equitie and this freedome in thinges apperteyning to this frayle bodily transitorie and earthlie life howe much lesse may they cast them off or sett litle by them in things apperteyning to the salvation of their soules and to a durable spirituall everlasting and heavenlie life But the peoples right to choose their Obiection that the peoples right did neuer depend vpō the expresse commandemēt of God Bishoppes did never depende vpon the expresse commaundement of God neither can the people chalendge by Gods law the right to chose their Bishoppes I meane saieth he no such thinge is expressed and conteyned in the Scriptures What then if it doe depend or bee conteyned vnder the generall groundes and rules of reason nature christian equitie christian societie principles of humane fellowshippes the law of God the practise of the Apostles and that which was from the beginning Is it not sufficient Though it bee not expressed in these termes viz That the people must chose or that the people haue right to choose their Bishoppes It is not expressed and conteyned in the scriptures that everie man must choose his owne wife or that everie woman must choose her own husband And yet by the doctrine expressed or conteyned in the scriptures is it true that no man hath right either to choose an other mans wife or to choose an other womans husband And that everie man hath right to chose his owne wife and every woman right to choose her owne husbande Againe it is not expressed and conteyned in the scriptures that infantes must bee baptized Neither is it expressed and conteyned in the scriptures that the Bishopp of Lichfield must haue but one wife Yet because it is conteyned in the scriptures that God in the beginning brought but one woman vnto one man and gaue to one woman but one husband I assure my selfe it wil not be denied but that the Bishops must and doth content him selfe with one wife and that every Christian ought to bring their children to be Baptized Besides if Maister Bilson distinguish Bishops in England from Pastors in England and Arch-Bishops in England and Pastours in England two severall orders and degrees of Ministers in the Church of England then I graunt that it is neither expressed nor cōteyned in the Scriptures that the people must choose their Bishops in England And why but because the Scriptures having put no difference betwene Bishops and Pastours knowe no such Bishops as wee haue in Bishopps in England are only Bishops by the Kings grace not by diuine institution England And therfore Bishops in England being Bishops only by the Kinges grace and not by divine institution and ordination as Pastours in Englande be hence is it that the Kings of England by their prerogatiue Royall and not the people by the rule of Scriptures haue chosen their Bishops in England And for this cause also was it that Kinge Henry the eight with advise of the Parleament did reassume the nomination appointment investiture cōfirmation of his Kingly Bishops from the Pope As for the nomination of Pastoures having cure of soules in parishes otherwise Pastors in parochiall Churches were neuer placed by the King as Bb. are in their Bishoprickes then all patrones by right of patronage doe giue presentmentes their choyse institution translation or deprivation the Kings of Enland by their regall power never yet hetherto tooke the same vpon them And if the Kinges of England by any fact or by any law did never take away the right interest and freedome from the people in choosing their Pastours what right other then by vsurpation can the Bishops haue to impose or thrust vpon the people Pastours without their liking But by custome and consent the people haue restreyned them selves Herevnto if it were not already sufficiently answered that the people could not lawfully restreine them selves yet Maister Bilson him selfe answereth That the late Bb. of The people lost their cōsent by cursing fighting of the Popes Rome neuer left cursing fighting till they had excluded both Prince and people and reduced the electiō wholy to the Clergie By cursing and fighting then haue the people bene overruled and excluded and not by custome or consent haue they restreyned them selues Yea by vertue of this cursed fight onely doe the Bishoppes of Englande at this day exclude both Prince and people from medling in the choyse of Pastoures For by authoritie of the canon law made by those late cursing and fighting Bishopps of Rome the Bishoppes of Englād haue the sole ordination and placinge of Pastours over the people And from hence also is it playne that the peoples right was not by their default or abuse relinquished and forfeyted For then then late Bishoppes of Rome needed not to haue cursed and fought for it And now whether it bee not meete that the Lord Bb. professing them selues to bee Christian Bishoppes should still reteyne in their handes and not restore vnto Christian people the possession of their Christian equitie and freedome extorted from them by the cursings and fightinges of antichristian Bb. I leaue it to the consideration of the reverende Bishoppes them selues Touching the mischieves and inconveniences of schisme troubles strifes contentions so often inculcated and so much vrged and excepted against the election of the people there is no man able as I thinke to produce any one pregnant proofe out of any auncient or late Historie that any Kinge or Soveraigne power hath interposed any supreame authoritie to appease any discord or dissentiō ensuing or raised vpō the bare choise made of any meere Parochiall Pastour by any faithfull and Christian people The schismes strifes and factions that were raysed in the old Schismes contentions spring from schismaticall and proud clergy maisters Churches sprang out and flowed onely from the heads and fountaynes of those schismes strifes factions and namely from proud ambitious and hereticall Bishops and great Clergie maisters For they being infected and poysoned with the contagion of schisme and heresie having sowred the mindes of their Disciples with the leaven of their hereticall doctrines no merveile if the people
deforced wronged or otherwise kept or put from his lawfull inheritaÌ„ce estate seysin c. of in or to the same by anie person clayming or pretending to haue interest or title in or to the same that then in all and euerie such case the person so disseysed deforced or wrongfullie kept from his right or possession shall and may haue his remedie in the Kings temporal Courtes as the case shal require for the recouvery of such inheritance by writt originall c. to be devised and graunted out of the Kinges Court of Chancerie in like maner c. It is there likewise provided that that Act shal not extend nor be expounded to giue anie remedie cause of action or suite in the Courtes temporall against any person which shall refuse to set out his Tythes or which shall deteigne c. his Tythes and offerings But that in all such cases the partie c. having cause to demand or haue the same tythes shal haue his action for the same in the Ecclesiasticall Courtes accordinge to the ordenance in the first part of that act mentioned and none otherwise Now then sit hence euery person whether he be laie or Ecclesiasticall having â—â—ght to demand tythes and offeringes hath the partie from whom those tythes 〈◊〉 due bound obliged vnto him and thence also the partie not dividinge yeelding or paying his tythes doth actuallie and reallie deteigne the same and thereby doth vniustlie wrong the partie to whom they be due contrarie to iustice the Kings lawes sithence I say these things be so what alteratioÌ„ or disadvantage could befall or ensue to the common law or the Professors thereof if so bee it might please the King with his Parleament to haue the last part of this Act so to be explaned extended and enlarged as that the same might giue remedie in the Kings temporall Courts by writt original to be devised granted out of the ChaÌ„cerie against any person deteigning his tythes and offeringsâ— the Hospitall of St Leonards in Yorke of the Kings foundatioÌ„ and Patronage Hospitall of S. Leonard 1. 2. H. 6. c 2 endowed of a thrave of corne to be taken yerely of euery plouÌ„gh earing with in the Counties of Yorke Comberlande Westmerland and Lancaster hauing no sufficient or covenable remedie at the common law against such as withheld the same thraves it was ordeigned by the King in Parleament that the Maister of the said Hospitall and his successors might haue actions by writt or plaintes of debt or detinue at their pleasure against all and every of them that deteyned the same thraves for to recover the same thraves with their damages And by a statute 32. H. 8. c. 44. it is enacted That the Parsons and Curates of five parish churches whereinto the Towne of Roysen did extend it selfe and everie of them the successors of every of them shall haue their remedie by authoritie of that Act to sue demaund aske recover in the Kings Court of Chancerie the Tythes of corne hay wooll lambe and calfe subtracted or denyed to bee paide by any person or persons Againe Vicars Parsons or Improprietaries do implead any man in the ecclesiasticall Court for tythes of wood beeing of the age of 20. yeeres or aboue for tyth-hay out of a medow for the which tyme out of mind memorie of man there hath onely some Meade-silver bin paied or if a debate hang in a spirituall Court for the right of tythes having his originall from the right of Patronage the â—uaÌ„tite of the same tythes do passe the â—urth part of the value of the benefice prohibition in all these and sundrie other cases doth lie and the matters are to be tried and examined in the Kinges Courts according to the course of the common lawe vnlesse vpon iust cause there be graunted a consultation And if in these cases in maintenance of the common law the defendants haue relief in the Kinges Courts I thinke it more meete to leave it to the consideration rather of coÌ„mon then to the iudgemeÌ„t of canon Lawiers to determine what alteration the common law could sustayne in case all Plaintiffes aswell as some defendants might pray the Kings ayd for the recovery of tythes especially seeing at this day the maner of paying tythes in England for the most part is now limited by the coÌ„mon and statute lawes of the Realm and not by any forraigne canon law Obiect But there is some fact happely so difficile so secreat and so mystical in these causes of tythes as the same cannot without a very great alteration of the common law be so much as opened before a lay Iudge or of the hidden knowledge wherof the Kings temporall Iudges are not capable Answere Why then let vs see of what nature that inextricable fact may bee I haue perused many libels made and exhibited before the ecclesiasticall What facts touching the witholding of tythes are examinable in the ecclesiasticall Courts Iudges yea and I haue read them over and over and yet for grounde of complaint did I never perceave any other materiall and principall kinde of facte ' examinable in those Courts but onely such as follow First that the partie agent is eyther Rector Vicar Proprieiarie or Possessor of such a Parish-Church and of the Rectorie Vicarage farm possession or dominion of the same and by vertue thereof hath right vnto all Tythes oblations c. apparteyning to the same Church and growing with on the same Parish bounds limitts or places tythable of the same Secondly that his predecessors Rectors Vicars c. tyme out of minde and memorie of man haue quietly and peaceably receaued and had all and singular Tythes oblations c increasing growing and renuing within the Parish c. and that they and he haue bin and are in peaceable possession of hauing and receaving Tythes oblations c. Thirdly that the partie defendant hath had and received in such a yere c. of so many sheepe feeding and couching within the said Parish c. so many fleeces of woll and of so many ewes so many lambes c. Fourthly that the defendant hath not set out yealded or paid the Tyth of the wooll and lambe and that every Tyth fleece of the said wooll by common estimation is worth so much and that every Tyth lamb by coÌ„mon estimation is likewise worth so much c. Fiftly that the defendant is subiect to the iurisdiction of that Court wherevnto hee is sommoned Lastly that the defendant doth hetherto deny or delay to pay his Tythes notwithstanding hee hath bin requested there vnto These and such like are the chief matters The Kinges Iustices are as able to iudge of exceptions against tithes as the ecclesiastical Iudges of fact wherevpon in the ecclesiasticall Courts proofes by witnesses or recordes rest to be made for the recoverie of tythes And who knoweth not but that these facts vpon proofes made before the Kinges Iustices may aswell bee decided by
holy Gospell harboured onely by the Queene the Lords temporall and commons what more playne euidence or better proofe can there be that the Lords spiritual by any necessitie be neither principalls nor accessaries neither branches nor buddes neither hanginges nor sealings nor anie furniture for the house of Parleament And of this opinioÌ„ are the soundest Historians and sincerest Divines of our age In the fifteenth yeere of King Edward Act. Mo. fol. 320. the third saieth Maister Fox divers petitions being put vppe in Parleament against provisions comming from Rome the Kinges answere and agreement was made in forme following viz It is agreed by the Kinge Earles Barons Iustices other wise men of the Realme That the petitions aforesaid be made in sufficient forme of law Where it is to be noted saith he that at the graunt hereof the consent of the Bishoppes is neither named nor expressed with the Lords of Parleament and yet the Parleament standeth in his full force notwithstanding At an other Parleament saith he William Wicham Bishoppe of Winchester Act. Mo. 525. for a slaunderous report savouring of a contumelious lye and proceeding of a subtile zeale meaning falsehoode was so by the Duke of Lancaster pursued that by act of Parleament hee was condemned and depriued of all his temporall goods And this seemeth to haue bin done saith Maister Fox without assent and against the willes of the Lords spirituall for afterwarde at an other Parleament great sute was made by the Cleargie for deliverance of the said Bishoppe and being asked a subsidie in the Kings behalfe with great lamentation they complayned for lacke of their fellow and brother of Winchester and denied to ioyne them selves in anie tractation of anie such matter And in another ParleameÌ„t holden at Yorke in the sixt yeere of King Edward the third all Act. Mo. 519. such lawes as then passed and were coÌ„cluded by the King Barons and Commons were good notwithstandinge the absence or malice of the Lordes spirituall For it is recorded saith he that onlie the Archb. of Yorke the Bishoppe of Lincolne and the Abbottes of Yorke Silby were there present In a booke intituled the burninge of Paules church in London 1561. and in the fift question moved by a papist it is said that this maner of ministration of Sacramentes set foorth in the booke of coÌ„moÌ„ prayers was neuer allowed nor agreed vpon c. no not by the Clergie of Englande at the last Parleament but onlie it was agreed vpon by the Laitie which had nothing a doe with spirituall matters or causes of religion Wherevnto the Reverend Father Maister Pilkington M. PilkingtoÌ„ Bishop of Duresme Bishop of Duresme aunswering was there not saith he a disputation for Religion appointed by the Queenes Maiestie wherein your Clergie was affraid to vtter their foolishnes in defending their superstition least they had taken more shame in answering theÌ„ they did in holding their peace I thinke the Vniversities with so manie places of the Realm receiving religion these other disputing for it may be counted to bee some part of the Clergie of the Realme And so it was not receyued without consent of the Clergie But these were not of the Parleament What then But as Ioash Iosaphat Ezekias and Iosias did not make a new religion but restored that which was defaced had long lien buried so our Parleament did not set forth a new religion but restore that which was godlie begane vnder the good King Edward confirmed by the Parleament and Clergie then c. But nothing can be concluded as a lawe by Parleament say they without consent of the Clergie there present But this havinge not their consent can not be counted a law as they thinke I had rather saith Maister Pilkington leaue this to bee aunswered by the Lawiers then otherwise Yet that the world may see that some thing may be saide in it we graunt him not this to be true that no law at all can be made without consent of Bishoppes Looke your old statutes of Parleament when Bb. were highest afore Edward the third and yee shall reade that they passed by the consent of the Lords temporall and commons without any mencion of the Lords spirituall which statutes many of them stand in strenght at this day Then it may well be gathered that the consent of the Clergy was not alwayes so necessarie as they thinke it The Lawyers Iudges and Iusticeâ—s put in practise execute these lawes therfore their doinges may bee a sufficient reason to lead the vnlearned what opinion they haue of these statutes For Religion except Iustice Raftall first executing that and afterward runing away may condemne the rest which I trust he may not I thinke they would not execute them except they had the strength and nature of lawes If they doe contrarie to their knowledge and opinion they can not bee able to answere their doings but I thinke no wise men are of this opinion Only these corner creepers that dare not shew their face and would deceyue the people goe about to deface all good godly order that displeases them In the dayes of King Edward they had the like fonde opinion that the Kinge could not make lawes in his minoritie vntill he came vnto full age and to make the people to disobey their Prince Hetherto Maister Pilkington Lorde Bishop of Duresme with whom the most worthy learned Maister Iewell late Bishop of Salisburie M. Iewel B. of Salisbury agreeth in every point The wise and learned saith he could haue told you that in the Parleaments of England matters haue evermore vsed to passe not of necessitie by the speciall consent of the Archbishops Bishops as if without them no statute might lawfully be enacted but onely by the more part of voyces yea although the Archb. Bishops were neuer so earnestly bent against it And statutes so passing in Parleaments onely by the voyces of the Lords temporall without the consent and agreement of the Lordes spirituall haue nevertheles bin alwayes coÌ„firmed and ratified by the Royall assent of the Prince and haue bene enacted and published vnder the names of the Lordes spirituall and temporall Read saith he the statutes of K Edward the first there shall ye find that in a ParliameÌ„t holden at St Edmondsbury the Archbishops Bishops were quite shut foorth and yet the Parleament held on and good and profitable lawes were there enacted the departing or absence or malice of the Bishops spirituall notwithstanding In the recordes thereof it is written thus Habito Rex cum suis Baronibus Parliamento Clero excluso statutum est The King keeping a Parleament with his Barons the Clergie that is to say the Archbishops and Bishops beeing shut foorth it was enacted c. In provisione de matrona in the time of King Edward the third whereas matter was moved of bastardy touching the legitimation of bastards borne before mariage the statute passed wholy with
became followers of the evill maners of their teachers and no merveile if they verified the proverbe Like Maister like Man like Priest like People Eustatius Bishop of Antioch being a Sabellian hereticke Socr. lib. cap â—8 was deposed by the Counsell of Antioch after whose deposition a fiery flame of seditioÌ„ was kindled in Antioch because one sort of the common people sought to translate Eusebius Pamphilus from Caesarea to Antioch some other would bring againe Eustatius Eusebius Bishop of Nicomedia and Theognis Bishop of Nice beeing both Arians with their coÌ„federates raised skirmishes Socr. lib. 2. cap. 2. and tumults against Athanasius After the death of Alexander Bishop op Constantinople about the electioÌ„ of a Bishop there was greater sturre then ever before time and the Church was more greevously turmoyled The people were devided into two parts the one egerlie set with the heresie of Arius claue to Macedonius the other cleaved very coÌ„stantlie Socr. lib. 2 cap. 4. to the decrees of the Nicene Counsell and choose Paulus to bee their Bishop The cause of division among the Citizens of Emisa about the election of Eusebius Emisenus was for that he was Socr. lib. 2. cap. 6 charged with the studie of the Mathematickes and accused of the heresie of Sabellius After the death of Eusebius when the people of Constantinople had brought againe Paulus to be their Bishop the Arians chose Macedonius The authours and chiefe doers in that sturre were certaine Arian Bishops who before ayded Eusebius that turned vp Socr. lib. cap. 9. side down the whole state of the church These and sundry such like sturres discords factions dissentions are found to haue bin raised pursued by schismaticall and heretical Bishops their favourites followers in the olde Churches but that these or the like mischieves and inconveniences can be proved to haue fallen out by the election of parochiall Pastours in the olde churches we deny And why then should not the interest and freedome of faithfull Christian people wrested from them by cursings and fightings of faithlesse and antichristian Popes be restored to them againe And the cause ceasing why should not the effect likewise cease And therefore we humbly intreate the Lords Bishops that against the grounds of reason and nature against Christian equitie A request to the reuerend Bishoppes and society against the right freedome of the lawe of God against the principles of humaine fellowshippes against that which was in the beginning and against that which the Apostles left in the Churches by colour of lawes brought into the Church by the cursings and fightings of the late Romane Bishops they would not hencefoorth barre seclude the Kings Christian and faithfull people from giving their consents vnto their Pastours Yea and we further beseech their Lordships that as schollers vnto the Apostles and as servants vnto the olde way of reason of nature of the law of God of the equitie of Christ and of humane societie they would hereafter imbrace that way which was from the beginning which is the old way and the best way and not any loÌ„ger persist in a cursed and quareling way which is the new way and the worst way But if the Lordes spirituall A supplication to bee King by the Lords and commoÌ„s for the restitution of their right in the choyse of their Pastors of their owne accord shall not readily voutchsafe to yeelde vnto vs this our right at our intreaty then for my part I will briefly shew mine opinion what were expedient for the Lords and commons in open Parleament dutifully to pray and to supplicate at the Kings Maiestes hande Namely At the humble petitions and supplications of all his Lords temporall and Commons in Parleament assembled his Maiestie would be well pleased to giue his Royall assent to an Act to be intituled An Act for the restitution of the auncient right and freedome which the people of God in the old Churches had and which the people in England ought to haue in to or about the election of their Pastours and abolishing all papall power repugnant to the same For if as it is plainlie confessed the people of all Churches haue right and freedome by the law of God by the equitie of Christ by the grounds of reason and nature by the principles of humane fellowshipps and by that which was from the beginning to elect their Pastours and if also the same right and freedome being left to the old churches and especially to the Church at Ierusalem by the Apostles haue bene taken away by the cursings and fightings of the late Bishoppes of Rome then can not the people without violatioÌ„ of those lawes rules grouÌ„ds by any Episcopall power bee anie more excluded from their said right and freedome then could or might the ancient iurisdiction of the Crowne of England haue bene still vsurped by the Pope froÌ„ the Kings of Englande Admonition But alas the common people of Englande thorough affection and want of right iudgement are more easily wrought by ambitious persons to giue their consent to vnworthie men as may appeare in all those offices of gayne or dignity that at this daye remayne in the choyse of the multitude Assertion The Admonitor in one place of his admonition telleth vs that he must not put all that he thinketh in writing and yet he writeth in this place that thinge which might farre better haue bene vtterly vnthought then once written For could he thinke to winne the common people of England to a continuall good liking of high and stately Prelacie by vpbrayding and charging them to their faces in a booke dedicated vnto them with affection and wantinge of right iugement Was this the way to procure grace favour and benevolence at their handes And albeit this slaunder deserued rather to haue bene censured by the Commons in Parleament then by confutation to haue bene answered yet for the better clearing of the right iudgement of the common people givinge their consents to most worthie men in all offices of gayne or dignitie remayning in their handes I thinke it necessarie to shew the indignitie of this contumelie There be I confesse in London Yorke Lincolne Bristow Exceter Norwich Coventry and other principall Cities and Townes corporate Mayors Sheriffes Stewardes Recorders Baylifes ChaÌ„berlaynes Bridge-maisters Clerks Swordbearers Knightes Burgeses and such like offices some of dignitie and some of gayne but that the officers of these or any other places whether of dignitie or gaine be chosen by the multitude of those places is vtterlie vntrue for onely accordinge to their auncient customes priviledges and Charters by the chiefe Citizens Townsmen and Borough-maisters are those officers chosen The number also of which Electors in all places is not alike In London the Aldermen choose the Lord Mayor In other Cities and Townes sometimes eight and fortie sometimes fourteene sometimes twelfe sometimes only such as haue born office as Mayors Sherifes or Baylifes in the same places
this nation Pag. 8. of Englande vpon light causes is more enclined to broile and trouble then any other And to speake the trueth as daily experience teacheth vs what feare of trouble No feare of trouble about the choyse of an ecclesiastical Officer is there likely any way to ensue by reason of dissentioÌ„ ambition among the people in the choyse of an ecclesiasticall Officer when most of the people shall rather shune and eschew then long or desire to beare any ecclesiasticall office The coÌ„mon people among whom I dwell vse oftentimes many delayes yea they procure what favour friendship they can not to be appointed to any the inferiour offices before specified And why do they so but because those offices be full of bodily care and trouble And is there then any Christian knowing how the whole soule minde and spirite of a man is altogether to be imployed in the dischardge of a spirituall function that will dissentiously and ambitiously seeke to be chosen an Elder The Admonitor telleth vs that men Pag. 79. by experience know that many parishes vpon some private respect do send their letters of earnest coÌ„mendation for verie vnfit and vnable persons insinuating thereby what an inconvenience might follow if Parishes had the whole direction and order to sound out who were fit and able persons But as this fancie was never yet by any of sound iudgment on our behalf so much as once thought much lesse insisted vpoÌ„ so may it please the reverend Bishops to bee advertized that the meanest and simplest Parishioner among a thousand can quicklie retort this reason against their Lo. viz. that no parishes by letters of commendacion can commend vnto any Bishop any person as an able and fit man vnto any particuler parish or speciall charge vnlesse the same or some other Bishop haue formerly ordeyned him and approved him to bee a fit and able person for every place And how then were it possible if the choyse of having one to be their Pastor were wholy in the hands of a parish that the same parish could choose any worse men any more ignorant and vnlearned men then their Ll. haue coÌ„mended vnto vs. For haue they not chosen sent coÌ„mended such vnto vs as know not a bee from a batle doore as vneth knowe to read English and as knowe not the Lordes prayer from the Articles of faith Of which sort of Ministers Ministers sent vnto the people which know not a b. froÌ„ a batle doore the Parson of Haskam now living a Chaplin in Winton-diocesse may be produced for a witnesse omni exceptione maior For thus much is to bee proved from the report of a good and religious Knight dwelling within that Diocesse that vpon a time in the presence at the instant request of the said Knight when a protestant Bishop of the same The person of Haskams aunswere to the Bishopp of Wincester Diocesse deceassed had demanded of the new Parson of Haskam which was the first Petition of the Lordes prayer the saide Parson after hee had a prety space paused and gased towardes heaven at length made this answere viz I beleeve in God the Father Almightie at which answere the Knight merelie smoyling I told you my Lorde quoth the Knight what a profound Clerke your Lordship should find this fellowe Well how vnclerkly and how vnprofoundly soever this Clercke then aunswered and albeit at that present he could not obteine the institution which hee came for to that benefice for the good Bishop hated such grosse ignorance yet this Clerke afterwardes by the corruption of the same Bishops Chancelour was instituted into the same benefice and to this day possesseth it quietly though he can hardlie read Englishe to the vnderstanding of his people I could haue enformed him also of many other such Clerkes resiant and beneficed in that Diocesse and namely of the Vicar of W who vpon an holy day in steed of preaching the Word Fables read in the church which hee could not or in reading of Homilies w h he would not to terrifie his Parishioners with the iudgments of God to moue them vnto repentance solemly reade and published a contrefaict fable out of a litle Pamphlet intituled Strange newes out of Calabria preteÌ„ded to be prognosticated by M. Iohn Dâ—leta Of these of a nuÌ„ber of such able skilful Clerks Chaplins my Lords of the Clergie may be enformed And therefore on the behoof and in the defence If the people had choyse of their Pastors they would provide better then the Bishopps send them of the coÌ„mon people of England I am to testifie and to protest vnto their Lordships that by the mercifulnes and goodnes of our God we are not yet become so ignorant rude barbarous as that wee would admit such maner of Clerkes Chaplins to haue the cure of our soules in case it laide in our power to chuse and refuse out owne Pastours No no our soules and the soules of our wives children and families should bee more deare and more precious in our eyes then that carelesly wee would hazard all our birthrights vpon the skill habilitie of such a messe of hirelings and idoll-sheapheards And surelie me thinks it standeth greatlie with the charitie of our Lorde Bishops to conceave the commons to haue so much naturall vnderstanding as not to choose a cobbler when they want a carpenter nor to reteine a loyterer in lieu of a labourer nor to hire a sleeper in steed of a watchman But alas be it that the poore coÌ„mons of Englande were thus wretched Though the coÌ„mon people bee not able to discerne of Pastours yet the Nobles are able and thus bewitched yea be it that they were thus desperate and besides themselues should therfore the Nobles and Peres of the Realme be as prophane as impious and as heathenish as they Are the great men also vnworthy vnable vnfitt to discerne betweene night and day betweene light and darkenes Can they also put no difference betweene good and evill betweene a blind guide and him that hath his eye-sight or haue they no better stomach then to cast vpp Methridat and to digest hemlocke will they also chuse them Capteines from among Corvysers and will they call sheepheards from among swineheards or will they take them Pastours from among Pedlers or will my Lords of the Clergie charge them to bee those ambitious persons to worke the Commons for their private respect to the choyse of vnworthie men or will they being them selues vnder his Maiestie the worthies of the land and chiefe guydes and leaders of men in peace in warre vpon earth chuse the scumme the refuse the baggage of the lande to guide their owne soules to hell For to heaven by the labour and industrie of such idoll ministers as whose lippes preserve no knowledge they can never be brought A great part of the coÌ„mon people saith he are backwardlie affected towardes
before such time as he did heare or see the Parish Clerke to trudge with the Church-dore keyes to let in the Sextin to ring the bell for the saide Parson or Vicars induction and reall possession And if the people of every Parish had their consents in the choyse and approbation of their Minister were it possible to haue lesse acquaintaÌ„ce with him then this For we avow that the people ought not to giue their consents vnto any Pastour before they haue seene him before they haue heard him devide the worde before they haue procured a good testimonie of his gifts from those who by the worde haue interest to approove him and lastly before they haue gotten sufficient notice of his condition estate conversation birth education and life Wherefore these thinges being carefully and diligently searched into not by one but by many not for a fee but of duty not for reward but for conscience not for one day but for many dayes I trust it will not still bee holden for an oracle that the people should haue as litle acquaintance with their Ministers as now they haue As for the seconde point that farre No partiall suits caÌ„ follow the election of Ministers by the people greater occasions of partiall suits should follow this manner of common electioÌ„ whereof we speake then nowe there is this is also I say not true nay that farre lâ—sse occasion of partiall suites should follow then now there is this I saye is true For by this meanes all partiall suites now happening may eyther bee extinguished or with lesse charges pursued then now they be For there can bee no suites much lesse can there bee anie partiall suites when neither Plaintif nor defendant may be fouÌ„d where also there can lie no writ nor any action be commenced For who be the parties betweene whom these partiall suites should arise Be there many Ministers who for one place and at one time are found meete for the same And do they sue and contende one against another which of them should possesse the place or should these so many partiall suites consist betweene the inhabitants of one Parish one part leaning to one side and another part cleaving to the other side Touching the Ministers we affirme that none may or ought to sue or sollicit any mans voyce directly or indirectly much lesse to labour for a place of Ministerie And therefore we desire by an irrevocable law according to the manner of the Medes and Persians to haue it enacted That as well every procurer and labourer for a voyce as also every suitor and sollicitor for a place of Ministerie bee adiudged ipso facto incapable for ever of the same place For the second touching partiall suits to arise betwene the No occasion of partiall suits about election betweene parishioners Parishioners about the election of their Pastour these suits for ought I yet conceaue wherein I graunt I may erre and conceave too litle may easelier bee dispatched then bee once begunne Parishioners ordinarily in the Countrie sue not ne molest one the other for pleasure but for profit they are not so lavish of their purses nor so carelesse of their thrifts as to iangle in vaine when before hand they know there is no hope of gayne And in deed what advantage or what pleasure should Ancientes divided against Ancientes and chief men distracted against chief men in a Parish about the election of a Minister reape by such a division and distraction Besides by our daylie experience wee haue learned that verie rarely or not at all about elections made by the people of any officers eyther in the Countrie or in Cities and Townes anie variance or partiall suites haue bene stirred betweene the Electors For though some times perhappes they varie in their iudgementes one from another yet rest they more wise provident then to empaire their owne estate to advance an other mans reputation And if in former times there hath no occasioÌ„ of partial suits touching publike Officers in the common weale No partiall suites can be among parishioners when one only is propounded to bee chosen by them fallen out betwene the people when out of a multitude they haue chosen one much lesse can there be any occasion of partiall suits if onlie there remaine but one to be chosen to be a Church-Officer For if all the ancients agree to chuse that one then is all the suite about him ended and if the greater part disagree yet this their disagreement can bee no occasion to breed and nourish suite and contention And why first because no other cause by the greater part ought to bee alleaged to withdraw their consent but only such a cause as the law should precisely allowe in the same case to be a iust cause Secondly because this iust cause before the day of election ought to be made known vnto the Magistrate and by him to bee approved so that if the greater parte vpon the day of election shall dissent not having before hande alleaged and provided a iust cause of their dislike the voyces of the lesser part as being supposed the better part shall prevaile confirme and make good the election Oh! heere is much saide my Lordes spoken of a choise election to be made by the Ministers people by proofes to be made before the Magistrate but here is not any one word spoken or any mention made of the Patrone of the Bishop or of the Archdeacon of presentation institution or induction And what an alteration and innovation would that bee and what a dangerous attempt were it to alter lawes setled and that Patrones should be curbed and that Bishops and Archdeacons should not medle in these businesses any more Well then to wipe away as much as in me lyeth this cavillous reproch obloquie from the servants of God who are chalenged to bee newfangled giddie-headed fanaticall spirites strange innovators and desirers of perilous alterations to wipe away I say this slaunder If it may please the King with his The forme of Church policie now in practise by the Bishops the platforme of Church policie desired to bee planted by Pastours compared together Princely wisdome to conferre the forme of pollicie now in vse and practise touching ordinations presentations institutions and inductions by Bb. Patrones Archdeacons with the maner of that platforme of Discipline coÌ„cerning the substance of these things which is propounded And if the Propounders preferre but the commaundement of God before the traditions of men but the Kings Crowne before the Bishops Myters but a feast of fat things yea of fatt things full of marrow before leane spits and emptie platters but a feast of wines yea of wines fined and purified before sower vntoothsome whey I hope his Maiestie will gratiouslie vouchsafe so to protect the propouÌ„ders being his faithfull loving and obedient subiectes as that hereafter they shall not be charged with any moe so vniust and scandalous imputations
insinuate your selves into their companies you have tabled and boorded with the same parties and that you or one of you have bene heeretofore coÌ„vented for the causes aforesaid before the now lord Archb. his grace for enterteyning into your house a person whiche stood then and yet standed suspended deprived for disliking the booke of common prayer and other godly orders established by her Maiesties authoritie in this Realme Item we obiect vnto you the said G. B. and L. yourwife that you have not frequented divine service celebrated within your parish Church of Bothese vi 5. 4. 3. 2. or one yeares last nor doe not at this present at least every Sunday nor have receyved the holy Communion within your said parish Church during the saide yeares Quere whether the Bishop did not more offend the lawe of God by preferring these articles then the Gentleman did by procuring his children to bee Baptised by a preaching Minister having none at home Item that you the saide G. B. and L. your wife within the time aforesaid haue not Christened nor baptized your children within your parish Church but contrarie to the forme and order of hir Maiesties lawes in that case provided have eyther christened them at home privatelie in your owne house or have caried or caused them to be caried to other Churches And let them declare what Church and what Minister did baptise them and where and whether the same Minister did at the same baptisme signe the childe with the signe of the crosse and lett them declare the cause why they did baptize their children out of their parish Item that the Ministers pew or seate in the church of B. aforesaid by the directioÌ„ Note that the Bishop of L. was not Bishop of the Diocesse of the L. reverend Father in God the Bb. of L. that now is being at the same Church as also by the consent of the Minister and Church-Wardens there was placed in a verie convenient place of the Church to the end the parishioners there might the better heare and vnderstand the Minister at the time of reading the divine service Item we obiect vnto you that you the said F. B. within these vi or 3. monethes last past have without anie sufficient warrant or commaundement from the father in God the Lord Bishoppe of L. or his Chancelour or other having authoritie therein very disorderly and contemptuouslie remooved the same seat to the great offence of the parishioners and bad example of others Item we obiect vnto you that you know beleeue or have heard say that Za. G. is a Preacher of the word of God and a man of good life and conversation lawfull Parson of B. aforesaid Item we obiect vnto you that the premises notwithstanding you the said F. B. vpon a Sunday within a quarter of a yeare last past when the Parishioners of B. were assembled together at the saide Church to heare divine seruice caused divers serving men and others to sit in the pew or place which properly belonged to the Parson of the said Church so that when the saide M. G. came to take his place they thrust him and very disorderlie in the time of prayer kept him out of the said place Item wee obiect vnto you F. B. that about six yeares past you the saide F. brought into the Towne of B. a bastard child as it is credibly thought of your owne and there placed it at nurse and haue lately receyved it into your owne house to the great offence of the inhabitantes there and the bad example of others Et obijcimê° cu m duê° de quolibet Subscribed c. Wherevnto in the foote of these articles was added Maister B. I pray you let this matter be followed ex officio and the parties presently to be sent for by warrant Subscribed c. Now these Gentlemen according to the Bishoppes direction being presently sent for by a Pursevant to aunswere the articles obiected they foorthwith make their repayre to the Archbishop with a copie of the articles with whom they finde such grace as in their behalfe immediatly hee writeth to the Bishoppe as followeth SAlutem in Christo My very good Lorde I haue by meanes received these articles enclosed signed by your Lordsh hand and can not but greatly merveyle that contrary to the orders of the commission Court subscribed by your selfe the rest of the CoÌ„missioners you would cause a Gentleman of such a qualitie as Maister B. is to be sent for by a Pursevant before the ordinarie processe of a letter missiue Note that the signe of the crosse in Baptisme by an Archb. opinion is but of smal moment that suspicion of bastardie may easilie be dismissed were served vpon him especially for matters of so small moment Neither will it bee thought to proceede of any iust cause but rather of some other misconceyte when it shal be vnderstood that there is a controversie in lawe elsewhere depending betwene him and a kinsman of yours And therefore for the avoyding of his further complaint and other offence that may grow thereby I heartely pray your Lordship to suppresse the same and proceed no further therein Desiring you withall to haue due consideration of the cause least I be enforced to deale likewise in the defence of my kinsman as you doe for yours And so praying your Lo. Note that the 17. of Octo. was the Saboth day at what time the Archb. D. C. and D. B. sitting as Commissioners thâ— Archb. took pen inke and crossed the articles all overthwart and so sent them backe with this letter to returne vnto me aunswere herevnto what you meane to doe with my very heartie commendacions I commit you to the tuition of Almightie God FroÌ„ c. the 17. of Octo. c. Subscri c Vnto which letter also was added as followeth Maister B. I pray you according to the tenor of this letter to see that this cause of M. G. and F. B. bee dismissed from thence and if any be bouÌ„d to prosecute the cause against them let them vnderstand that I meane to heare it at c. otherwise let it wholie be dismissed and the bandes delivered The Bishoppes aunswere to the Archbishops former letters MAy it please your grace to vnderstand that I was the more willingly drawen to sende for Ma. B. in that sort because he was oft and of long time accused not only to be a disordered man him selfe but also a great and open mainteyner and carier from place to place of that wrangling puritane W. And as it is to bee prooued a refrainer from his church and from the CoÌ„munion as I am enformed And therefore if we haue omitted any circumstance or ceremonie it is in zeale of the redresse of such a disordered person Which if it should be fouÌ„d in your own brother I thinke your grace would not spare him Neuerthelesse if you yourselfe take it in hand to his redresse I for my part
so to of the Church by Prelacie to be Monarchicall because the Queene was a Monarch and that the reverend Bishop governed vnder a Monarch then what did hee els but put a weapon into the handes of Pastors and Elders to prove their governement also to be Princelie and Monarchicall Because Pastors Elders desire not to haue that maner of governement to bee brought into the Church otherwise then by the Royall assent Souveraigne authoritie and expresse commandement of our most gratious King and Monarch Besids if any governement may be therefore saide to be a Monarchie because the same is derived from an earthly Monarch howe much more then may the governement of the Churches by Pastors and Elders be adiudged Monarchical by reason the same is deduced from our heavenly and everlasting Monarch For the reverend Bb. by their publike preachings apologeticall Ma. Horne Bishoppe of Winch. Ma. Iewell Bishop of Sali Mai. Bilson Bishoppe of Winch. writings testifie that power authoritie to ordeine and depose Ministers to excommunicate and to absolue to devise and to establishe rites and ceremonies in the church to define what is trueth to pronounce what is falsehood to determine what is schisme and to cōdemne what is heresie our reverend Bb. I say confesse this power to bee originallie decided vnto the true Bishoppes and Pastours of the Church from the Kinglie and Soveraine power of our Saviour Christ By what name therefore soever the gouvernment of Pastours and Elders in the Churches be called there is no manner of cause to dislike of the planting of that government in a Monarchie because the same is instituted by the Monarch of Monarches who is able and readie to vphold the state of al Monarchies in common weales togither with the state of Aristocracie in his No cause for a Monarch to feare that his Christian subiectes should haue the sence of Aristocracie in Church goverment Church Neither is there any cause for anie Monarch in the world to feare the making of christian commō people by familiar experience to haue the sence feeling of the principles and reasons of Aristocracie For if a people haue once submitted their necks to the yoke of Christ they can liue a peaceable godly life vnder all kinds of powers because they knowe all kind of powers to be the ordenance of God But especially there is not neyther euer was neyther euer can there be any cause for any King or Monarch of England greatly as the Admonitor insinuateth to feare that the common people will very easely transferre the principles and reasons of Aristocracie to the gouerment of the common weale and therevpon bee induced to thinke that they haue iniurie if they haue not as much to doe in civill matters as they haue in matters of the Church seeing they also touch their commoditie and benefit temporallie as the other doeth spirituallie And certes it seemeth that the Admonitor was drawen very drie of reason whē he was fayne to plucke this stake from the hedge to make a fire and to kindle the wrath of the Magistrate against the forme of discipline by Pastors and Elders For whether hee intendeth that the Pastors and Elders will thinke them selues to haue iniurie if they deale not in all causes of the commō weale as well as in all causes of their churches or whether he ment that the common people will easely transferre the government of the common weale from a Kingly Monarchie to a noble Aristocracie there is neither soothnes nor soundnes in his meaning For sithence Pastors disclaime to deale in civil matters the learned Ministers against the reuerend Bishopps by the holy rules of our faith mainteyne that it is not lawful for a Minister of the Gospell to exercise civill magistracy and that it is not lawfull for the man of God to bee intangled with the affaires of this life how is it probable that those Ministers will easely oppugne their owne knowledge by their owne cōtrary practise Or how is it probable that they would over-loade them selues with that burthen to ease the Church wherof they haue contentedly exposed thē selues into a number of reproches contempts bytings persecutions As for that other intendement of the Admonitors that it is greatlie to be feared that the commō people will easely transferre Monarchie vnto Democracie or Aristocracie if the principles and reason thereof by experience were made familiar in their minds this reason I say might seeme to carrie some shewe of affrighting a Monarch if the same were insinuated vnto a king whose people were neuer acquainted with the principles reasons of Democracie or Aristocracie but this feare being insinuated vnto our late Souveraigne Ladie the Queene whose people euer since the time they first begā to be a people haue had their witts long exercised with the The people of England haue their wits exercised with the sence of Democracie Aristocrarie sence and feeling of the reasons principles aswell of Democracie as also of Aristocracie what sence had the Admonitor to vrge this feare That in the Kingdome of Englande the common people haue alreadie the sence and feeling of the reasons principles of Democracie cannot be denied For in euerie cause almost aswell of criminall as ciuill iustice some few only excepted to be executed in the common weale by the common lawes of the Realm haue they not some hand and dealing in the same by one meanes or other Nay which is more haue they not the sence and feeling of the making and vnmaking their owne lawes in Parleament And is not their consultation in Parleament a mere Democraticall consultation As much also there is to bee avowed for the sence and feeling of the reasons and principles of Aristocracie to be alreadie in the minds of the Peres the Nobles the Iudges and other great men of the Realme For are not the Wisest the Noblest the Chiefest taken out of these by the King to bee of his Counsell and to be Iudges and Iusticers in his Courts Yea and is not their assembly also in Parleament a mere Aristocraticall assembly And what translation then is there greatly to be feared out of the Church to bee made into the common weale when the minds of all sorts of our common wealthes-men be already seasoned with the things which hee feareth And when the common weale is alreadie seysed of the principles and reasons which he would not haue familiarly known vnto it Wherefore that the King the Nobles and cōmons may no more be scarred with the strangenes of these vncouth and vnknowne greeke names of Democracie and Aristocracie writtē in his booke with great and capitall letters I haue thought it my duty by these presents to informe them that the govermēt of the church by Pastors and Elders nowe wanting amongst vs and desired to bee brought into the Church by the Souveraine authority of our King Nobles and commons in Parleament for the outward form
nominate and elect their new Mayor Sherifes and Baylifes But that the Aldermen principall Townsmen Boroughmaisters and men having borne chief offices in those Cities Townes Boroughes haue easilie bene wrought by ambitious persons to giue their consents vnto vnworthie men though it haue pleased the Ll. Bb. with seene and allowed to haue spred and published this saying yet that the same saying is wholy vnworthie of anie credite to be giuen vnto it or to bee regarded of any wise and indifferent man let the sober peaceable elections made of the worthies of the lande hereafter mencioned be witnesses And to leaue to speake of the election of the Lord The officers in Cities Townes corporate chosen without contentioÌ„ ambitious working of vnworthy men Mayor of the Citie of London Sherifes Aldermen Wardens of companies ChaÌ„berlaynes Bridge-maisters and other annuall officers of honor and dignitie let vs consider whether the Citizens of London haue bene wrought by ambitious persons to choose Maister Wilbraham Maister Onslie Mr Bromly to bee their Recorders all three afterwarde the Queenes sollicitors and Maister Bromly Lord Chancelour of Englande and let vs consider whether the same Citizens as men of affection and want of â—ight iudgement did elect to be Recorders of the same Citie Mai. Serieant Fleetwood Maister Serieant Fleming Maister Serieant Drue and now Maister Crooke a maÌ„ wise learned and religious a CouÌ„seler and Iusticer within the Principalitie of Wales The Recorder of the Towne of Bedford is the right honorable the lord St Iohns of Bletsoe The Recorder of Bristoll was a long time Maister Poppam now Lord chief Iustice of England The Recorder of Northampton before he came to be Iudge in the Kings bench was Maister Serieant Yelverton a favourer of the trueth an vpright Iusticer The Recorder of Warwicke was Maister Serieant Puckering afterward Lord Keeper of the great seale And of the same Towne the Recorder now is a worthie Knight descended from a noble house Sir Foulke Grevile The Recorder of CoveÌ„trie is Sir Iohn Harrington Knight a man zealous for the true feare of God The Recorder of Chichester was Mai. Serieant Lewkner now chief Iustice in the principalitie of Wales The Recorder of Norwich was Maister Cooke the Kings Atturney generall And who soeuer shall enquire after the names after the maner of election of all the Recorders in all other Cities Boroughes of the land I doubt not but he shall find them all to haue bene farre froÌ„ any least shew of ambitious working the Citiezens and Townsmen to nominate and elect theÌ„ Moreover as these Noble persons these sage graue learned and christian Gentlemen quietlie and in all peaceable manner with vpright and good affectioÌ„ and iudgement without ambitioÌ„ haue bene chosen by the Citizens Townsmen Borough-masters to the offices of Recordershippes So likewise manie sundrie honorable CouÌ„selors Honorable Counselors chosen high stewardes without ambitious working haue bene and as occasion is ministred are daily elected by Citizens Townsmen to be their high Stewards Sir FraÌ„cis Knolles an honorable Counsailour one whose faith was famous among the churches as well abroad as at home by the electioÌ„ of the Citizens of Oxford remayned vntill he died high Stewarde of the Citie of Oxford The right honorable Sir Francis Walsingam by the coÌ„mon Counsayle of Ipswich was made high Steward of the same Towne after whose decease the same coÌ„mon couÌ„sell by their electioÌ„ surrogated into the same place the right honorable the L. Hunsdon late L. Chamberlaine the right honorable Sir Christopher HattoÌ„ L. Chancelour of Englande by the Townsmen of CaÌ„bridg was chosen to be high steward for the town of CaÌ„bridge The right honorable the old Earle of Arundell after him the right honorable Earle of Lincolne and after his death the right honorable the Lord High Admirall of England now Earle of Notingham by the Borough-maisters of the Towne of Gildforde was elected to be high steward of the Towne of Gildeford Of all which honorable persons and of all other their Peeres chosen in other places of the Kingdome by the same meanes to the like offices there is great reason iust cause for the reverend Bb. to cary a more reverend estimation towards theÌ„ then to burthen them as ambitious persons to haue sought their places at the hands of men affected wanting right iudgment As for any other offices of credite dignitie charge and gouerment in the common weale now remayning in the choyse of the commons it may easilie be proved that the common people in sundrie places haue bent and opposed theÌ„ selues against ambitious persons who by sinister indirect meanes haue hunted for preferrement at their handes And what if it can not be gayne-said but that some publicke officers chosen by publicke applause of the people haue corruptly behaued themselues in their charges and haue not so equally and indifferently distributed iustice to all degrees as it became them yet this their misdemeanor can no more iustly be laid as a fault nor any more disgrace or discountenance the ancient and commendable forme and manner of election then the hipocrisie or counterfeyt zeale of an euill man ordeyned by the Bishop to be a Minister can be imputed vnto his letters of orders or manner of ordination Besides if none bee able to proue that the choyse of the Knights Knights of the Shires other officers chosen by the people without trouble to the state of our Shires Coroners of the Counties Verderers of the Kings forrests resting in the free voices and consents of the freeholders that the nomination of the high Constables being in the disposition of the Iustices of peace at their quarter sessions that the choyse of our peti-Conestables third Boroughes Tything men Church wardens Wardens for the high wayes overseers for the poore side men such like remayning altogether in the free election of the sutors to courts leets and law dayes and of the inhabitants Parishioners of every Village Hamlet or Tything haue bene troublesome to the Lievetenants of the Shires to the Stewards of our Courts to the Lords of our liberties nor to the Ordinaries of the Diocesses If I say there be not any one man able to bring foorth some few persons for many yeres passed by whom the Officers and Magistrates of the Queenes peace haue bene sued vnto and importuned for the pacification of any strife contention or debate of any busy head or ambitious person raysed among the people about the choise of any one of these Officers then I say it is meete and it importeth the Lords Bishops very deepely that for ever hereafter they bee silent and never any more vtter so vile a slander against so Noble a people as are the people of England viz. that vpon affection and want of right iudgment they will easily be led by ambitious persons to preferre vnworthy persons vnto all Offices of gayne or dignitie Or that