or in any other Court by other of the Kings Iustices would our lawes freecustomes of the Realme think you iustifie that the spirituall person enioyning still his spiritual function might in this case be mulcted with the losse of his benefice and yet the teÌ„poral person not to be punishable by the losse of his freehold The examples produced by you relieve no whit at all your case nay rather they stand on our side and make good our part For how long soever the Maister of the Rolles and Warden of the Fleete doe enioy their offices for so long time by your owne collection they ought to enioy their Freeholdes annexed to their offices yea and you assume in effect that they may not lawfully for contempt or any other cause be disseised of their freeholds so long as they be possessed of their offices Now then if from the identity of reason you would conclude that a Parson or Vicare for contempt lawfully deposed from his ministeriall function should in like maner lawfully loose his freehold annexed to his office as the Maister of the Rolles and Warden of the Fleete put from their offices should loose theirs we would not much have gainsaid your assertion For we hold it vnreasonable that a Parson or Vicar deposed from his ministeriall function should enioy that freehold or maintenance which is provided for him that must succeed in his ministerial charge But then your assertion would make nothing against vs. For so you must prove that your officers for contempt only may lawfully be put from their freeholds annexed to their offices and yet notwithstanding remaine the same officers still And then indeed froÌ„ some parity or semblance of reason you might have inferred that a Parson or Vicare for coÌ„tempt deprived of his free hold annexed to his function might notwithstanding such coÌ„tempt enioy his ministeriall function still But to dispute after this sort were idlely to dispute not to dispute ad idem For how doth this follow The Kings officer if for contempt he be displaced from his office can not withall but be displaced from his freehold which ioyntly with his office and in regard of his office he possessed Therfore a Parson or Vicare for contempt may lawfully be deprived from his benefice or freehold annexed to his ministeriall function and yet notwithstanding enioy his ministeriall function still And this is the maine point generall case for the most part of all the Ministers which at this day for contempt stand deprived For among all the sentences pronounced for contempt there is scarce one to be fouÌ„d which deposeth a Parson or Vicare from his ministerial office but onlie which depriveth him from his Church Parsonadge or Vicaradge Whereby the vnreasonablenes of certeine ordinaries in their processe of deprivatioÌ„s become so much the more vnreasonable by how much more vnreasonable it seemeth to be that any publicke officer should lawfully be continued in his publicke office and yet not be suffered to enioy any publick meanes to mainteine the same his office And thus much have we replied vnto your answere made vnto our pleadings that by the lawes and freecustomes of the Realme a Parson or Vicar being a freeman of the Realme may not for coÌ„tempt vnto his ordinaries admonitioÌ„ be deprived from his freehold if so be you grant that he may enioy his ministerial function still As touching the lawes of the church it hath ben already sufficiently demonstrated that there is then no contempt at all committed against an admonition wheÌ„ the partie admonished can alleadge any iust or reasonable cause of his not yeelding to his admonisher And if no contempt in such case be made then no deprivatioÌ„ from a benefice or deposition from the ministerie in such case ought to follow Considerations against subscription to the booke of the forme and maner of making and consecrating Bishops Priests and Deacons WHat the reason or cause should be that subscription vnto this booke of consecration ordination of Bishops Priests and Deacons hath bene of lâ—te yeares so hotly and egerly pursued by the Lords of the Clergie is a misterie perhaps not of many of the laytie well vnderstood And how soever vnder colour of the maintenance of obedience to the statute of the Realme whereby this booke is confirmed the same subscription may seeme to be pressed nevertheles if the maine drift and reason of this pressure were well boulted out it is to be feared that not only the vnlawful supremacie of an Archbishop is sought to be advaÌ„ced above the lawfull supremacie of our Soverayne Lord King Iames but also that the Synodals Canons and Constitutions made by the Clergie in their convocation are intended if not to be preferred above yet at leastwise to be made equall to the common law and statutes of the Realme By the ancient lawes and customes of the Realme one parcell of the Kings iurisdiction and imperiall Crowne hath evermore consisted in graunting ecclesiasticall iurisdiction vnto Archbishops Bishops and other Prelats For the maintenance of wich imperiall iurisdiction and power against the vsurped supremacie of the Bishop of Rome divers statutes not introductorie of new law but declaratorie of the old in the time of King Henry the eight King Edward the sixth and of our late most Noble Queene deceased have bene made and enacted Yea and in a book entituled The Institution of a Christian man composed by Thomas Archbishop of Canterburie Edward Archbishop of Yorke all the Bishops divers Archdeacons Prelates of the Realme that then were dedicated also by them to King Henry the eight it is confessed and acknowledged that the nomination presentation of the Bishopricks apperteyned vnto the kings of this Realme And that it was and â—halbe lawfull to Kinges and Princes and their Successors with consent of their Parliaments to revoke and call againe into their owne handes or otherwise to restreine all the power and iurisdiction which was given and assigned vnto Priests Bishops by the lycence consent sufferance and authoritie of the same Kings and Princes and not by authoritie of God and his Gospell whensoever they shall have grounds and causes so to doe as shal be necessarie wholesome and expedient for the Realmes the repressing of vice the increase of Christian faith and religion Ever since which time vntill of late yeares the late Archbishops of Canterbury with the counsel of his colledge of Bishops altered that his opinion which some times in his answere made to the admonition to the Parliament he held it was generally and publickely maintained that the state power and iurisdiction of Provinciall and Diocesan Bishops in England stood not by any Divine right but meerly and altogether by humaine policie and ordinance alone And that therefore according to the first and best opinion and iudgment of the said Archbishops Bishops c. the same their iurisdiction might be taken away and altered at the will and pleasure of the kings of England when
of this act Now by what other words then by these of this provisoe could the Parliament more fully and clearly have expressed their mind that the same by the tenor and effect of this provisoe intended for ever wholy to seclude all Papall and foraine canons from being vsed and executed within this Realme For at the petition and submission of the clergie the Parliament having first enacted that neither they nor any of them from thencefoorth should presume to attempt alleadge clayme or put in vre any constitutions o◠ordinances Provincionall or Synodalles or any other Canons And againe at the petition and submission of the Clergie the same Parliament having committed to the view search examination and iudgement of the King and 32. persons such Canons constitutions and ordinances or the said Canons constitutions and ordinances provinciall and Synodall which as thertofore had bene made by the Clergie of this Realme And lastlie by this proviso the same Parliament having enacted that such Canons provinciall constitutions provinciall ordinances provinciall Synodalls Provinciall for the word Provinciall by the whole tenor and effect of this Act can not in this place but have reference to everie of these wordes shall still be vsed and executed c. till such tyme as they be viewed searched or otherwise ordered and determined by the said two thirtie persons c. Seeing these things I say be thus First submitted then afterwards committed and lastly provided and not one word sillable or lotter ayming at the continuance vse keeping or obedience of the popish canon law it can not bee averred by any vnlesse he be too too conceited opiniative that the Canon law or any part thereof made by the Pope without the Realme may lawfully at this day be attempted alleadged claymed or put in vre within the Realme by any Iudge Ecclesiasticall what soever yea and thus much also is confirmed by a statute 37. H. 8. c. 17. Howsoever therefore the Kings of England deryving their Ecclesiasticall Lawes from others being proved approved and allowed hereby and with a generall consent are rightly and aptly called the Kings Ecclesiasticall lawes of Englande in like maner as those lawes which the Normans borrowed from England were called the lawes of Normandie and as those lawes which the Romans fetching from Athens being allowed and approved by that state were called Ius ciuile Romanorum howsoever I say this be true nevertheles herevpon it will not follow that those Ecclesiasticall lawes thus borrowed and derived from others may then any more rightly and aptly be called the Kings Ecclesiasticall lawes of Englande when once by and with a generall consent in Parliament they have bene disproved and disallowed Yea and when also they have bene vtterly adnulled and commanded never to be put in execution within the Realme of England From whence it seemeth to follow that whatsoever subiect shall take vpon him full and plenarie power to deliver iustice in any cause to any the Kinges subiects or to punish any crime and offence within the Kings Dominions by vertue of those lawes once by so absolute high an authoritie disanulled that the same person denyeth the Parliament to have full power to allow and disalow lawes in all causes to all the Kinges subiects and consequently that the high Court of Parliament is not a compleat Court for the whole and intyre body of the Realme Wherefore albeit we graunt as the trueth of the Kings law is vnto the Archbishops Bishops other Ordinaries that lawfully they may proceede to inquire in their visitations and Synodes and els where to take accusations and informations of all and every thing and things above mencioned done committed and perpetrated within the limites of their iurisdictions and authoritie and to punish the same by admonition suspension sequestration or deptivation though thus much had never bene provided by the statute nevertheles we desire to be resolved whether any minister ought to bee punished by these or any other censures and processe before the ordinarie for any offence mencioned in this act if for the same offence the same Minister by vertue of this act be not punishable before the Kings Iustices And therefore for example sake put this case viz. That a Minister for the not crossing of a childe vpon the forehead after baptisme is fully administred be indighted before some of the kings Iustices and afterward vpon a traverse before some other of the kings Iustices the same Minister be found to have ministred the same sacrament of Baptisme in such order and forme as in the booke is prescribed Notwithstanding the omission of this ceremonie after baptisme and that vpon such a traverse the indightment before the said second Iustices be found to be vnsufficient in law and the Minister by the same Iustices be adiudged not to be in danger of the penaltie of imprisonment c. because his such not crossing is no offence against the law we demand we say in this case whether the same Minister by the Bishops of the Diocesse may be suspended or deprived from his ministerie or from his benefice for the same his not crossing yea or no. Considerations against the deprivation of a Minister for the not vse of a Surplice in divine service IN the whole body of the statute there is not one syllable or letter frō the which any semblance of reason can be deduced that any Minister of the church for refusing to vse or for the not vsing of any ornament appointed by the statute or by the book to bee in vse should be punished with the peyne of deprivatiō For what soever punishment a Minister for the breach of the Statute may sustayne by the kings Iustices the same is only to be imposed for such offences as are specified before the last provisoe of the statute Ornamentes therfore of the church provided to be reteyned and to be in vse being not cōteyned in those premises or things mencioned before the second provisoe concerning the Archbishops and Bishops authoritie and for refusing whereof a Minister by the premises is punishable it followeth there being no punishmēt for refusing the vse of ornaments in the last provisoe that the not vse of ornamentes is not punishable before the kings Iustices And if there be no punishment appointed to be inflicted before the kings Iustices for the refusing to vse any ornament thē much lesse is there any punishment to be inflicted for the refusall of the vse of a Surplice For the Surplice is so farre from being commanded to be worne as an ornament in every service of the church as the same is not so much as once particularly mencioned either in the parish booke or in the statute Nay by the generall wordes both of the statute and the booke the Surplice is wholy secluded from being appointed to be an ornament of it selfe in some part of the service of the Church For if with the same in some part of the service there be not a Cope
provided to bee worne the Surplice may not be worne For the better manifestation whereof it is necessary that we set downe the wordes of the Statute of the parish booke and of the booke of the second of K. Edw. the sixth vnto which booke of king Edward for the vse of ornaments the Ministers be referred both by the parish booke statute of 1. Eliza. c. 2. the wordes of which statute are these Provided alwayes and be it enacted That such ornamentes of the Church and of the Ministers shall be retayned and be in vse as was in the church of England by authoritie of Parliament in the second yeare of the raigne of King Edward the 6. vntill other order shal be therein taken by authoritie of the Queenes Matestie with the advise of her Commissioners appointed and authorised vnder the great seale of England for causes Ecclesiasticall or of the Metropolitane of this Realme Thus farre the statute the wordes of the parish booke follow It is to be noted that the Minister at the time of the Communion and other times in his ministration shall vse such ornamentes in the Church as were in vse by authoritie of Parliament in the second yeare of King Edw. the sixth according to the act of Parliament in that case enacted and provided The wordes of which booke of the second of King Edward are these Vpon the day and at the time appointed for the ministration of the holy Communion the Priest that shall execute the holy ministerie shall put vpon him the vesture appointed for that ministration that is to say A white Albe playne with a vestiment or cope Afterward it is said thus Vpon Wensdayes and Fridayes the English Letany shal be said or song c. And though there he none to communicate with the Priest yet those dayes after the Let any ended the Priest shall put vpon him a playne Albe or Surplice with a Cope and say all things at the Altar c. From all which places it is plaine First that no Minister at any time vpon Wensdayes and Fridayes after the Letany ended was bound simplie to weare a surplice at the Altare for it was in his choyse to put vpon him a playne Albe or Surplice with a Cope Secondly that no Priest vpon the day and at the time appointed for the Ministration of the holy communion might put vpon him a Surplice but only a white Albe playne with a vestiment or Cope Thirdly that no Minister vpon Wensdayes and Fridayes when hee read the Letany did weare or was bound to weare an Albe or Surplice and Cope For it had bene in vayne and a thing ridiculouse for the booke to have willed the Minister after the Letany ended to put vpon him those ornamentes if in the time of reading the Letany hee had had them vpon his backe Fourthly that no minister at or in any of the times services aforesaid is bound to put vpō him a Surplice vnlesse therewithall he weare a Cope For the vse of ornamentes ought to be according to the act of Parliament And therefore where no Cope there by the act no Surplice where no Altar to goo vnto after the Letany ended there no Surplice to be put on after the Letany where a Communion with a white Albe plaine a vestiment or Cope there a cōmunion without a Surplice There is yet one other speciall observation before touched though for an other purpose worthy to be reiterated in this place against the vse of the Surplice at the communion reading the Letany and saying prayers at the Altar And that is this Namely for that as well the Statute 1. Eliza. as the parish booke hath revived and commaunded the vse of those ornamentes according to the Act of Parliament 2. Edw. 6. which were repealed and forbidden by the booke of the 5. and 6. of King Edward the sixth It is to be noted saith the booke of 5. and 6. of King Edw. 6. That the Minister at the time of the communion and all other times in his ministration shall vse neither Albe vestiment nor Cope but being an Archbishop or Bishop he shall have and weare a Rochet and being a Priest or Deacon he shall have and weare a Surplice only And here it is to be noted sayeth the parish booke that the Minister at the time of the communion and at all other tymes in his ministration shall vse such ornamentes in the church as were in vse by Authoritie of Parliament in the 2. yeare of the reigne of King Edw. the 6. according to the Act of Parliament in that case made and provided which were as the booke of K. Edw. saith an Albe with a vestiment or Cope at the communion and an Albe or Surplice with a Cope vpon Wensdayes and Fridayes after the Letany ended But by the Provinciall constitutions ratified and confirmed by Act of Parliament the parishioners are enioyned at their costes and charges to provide a Surplice and in vayne were this charge layde vpon them if so be the Minister were not bound by the law to weare it It is true and can not be denied that all parishioners are enioyned and that every Masse-priest is bound by the Provincials the one sorte to provide the other to weare a Surplice for and at the celebration of the Masse and for and in the vse of other popish services The reason of the vse of which Surplice by the popish Glosers and Provincials is yeelded to be this That the Priest must be clothed with white to signifie his innocencie and puritie and also ob reverentiam Salvatoris nostri totius caelestis curiae quam sacramento altaris consiciendo confecto non est dubium interesse But how doeth it follow either from the provincall or reason of the provinciall that a Minister of the Gospell is bound by the provinciall to weare a Surplice at the ministration of the word and Sacraments of the Gospell when the doctrine and service of the Gospell is contrarie and repugnant to the service and doctrine of the Masse And when by the statute the Provinciall is not to be vsed and executed but as it was vsed and executed before the making of the statute which was Anno 25. of King Henry the eight at what time the service of the Masse called the Sacrament of the Altar was only in request A Minister therefore of the Gospell by the Provinciall is no more bound to weare a surplice then by the Provincials other lawes of the Realme he is bound to say a Masse For the Provinciall appointeth a surplice to bee worne at the Masse and other idolatrous services all which services and which Masse as being blasphemous to the sacrifice of our Saviour Christ once made vpon the crosse repugnant to the holy worship of God is abrogated by the lawes of the Realme Now then it were to bee wished that all states were given to vnderstand by what equitie law or good conscience
CERTAINE CONSIDERATIONS drawne from the Canons of the last Sinod and other the Kings Ecclesiasticall and statute law ad informandum animum Domini Episcopi Wigornensis seu alterius cuiusuis iudicis ecclesiastici ne temere inconsulto prosiliant ad depriuationem Ministrorum Ecclesiae for not subscription for the not exact vse of the order and forme of the booke of common prayer heeretofore provided by the Parishioners of any parish Church within the Diocesse of Worcester or for the not precise practise of the rites ceremonies ornaments of the Church Prov. 25. 2. The glory of God is to conceale a thing secret but the Kings honor is to search out a thing Esai 51. 7. Hearken vnto me ye that know righteousnes the people in whose heart is my Law feare ye not the reproch of men neither be ye afraid of their rebukes Cod. de Episcopis Cleric l. nul li licere Nec delatoris nomen suspicionemque formident cum â—ides atque industria corum tam laude quam honestate ac pariter pretate non careat cum veritatem in publicas aures lucemque deduxerint 1605. To the Right Honorable Lords the Lords of his Maiesties most honorable privie Counsell MOST Noble Lords may it please your good Lordshippes to be put in remembrance how the holy Ghost calleth and entituleth the Princes of the earth by the name of Gods By which so rare and admirable a style so high supereminent a title men of your estate coÌ„dition qualitie be taught that as your names are so should your persons be Gods by name calling therefore every way such maner of persons as the most high God the God of Gods hath commaunded you to be That is to say as Iob sayeth Deliverers of the poore and fatherles when they crie and there is none to helpe eyes to the blind feete to the lame diligent in searching out things you know not breakers of the chawes of the Lyons and the pluckers of the pray out of their teeth That so you being covered with Iustice as with a Robe and with a crowne the blessing of them which are ready to perish might come vpon you and the distressed beeing succoured might have cause to prayse you And most Honorable Lords by so much the more have we presumed to tender vnto your Lordships favorable examinatioÌ„ these considerations by how much the more your fame prayse and honour may be sounded and resounded throughout all the Churches when you shall be well pleased to become humble intercessors vnto our most gracious and Christian Lord and King for a more temperate mild and charitable course by the Diocesans and other ordinaries hereafter to bee held against the Ministers vntill they shall defend their late censures penall proceedings and sentences for omission of rites ceremonies ornamentes c. to be in every due regard and circumstance answerable to the Kings ecclesiasticall Lawes and Statutes In the meane season that more rigour and severitie of law hath of late bene vsed in some of their Consistories then was meete these considerations with their reasons drawen from the lawes statutes and Canons which them selves professe and practise if rightly they were applied to their proceedings may sufficiently witnes For by these grouÌ„ds and reasons if inquisition or information had ben made or taken sentences of grace and absolution rather then of disgrace and condemnation ought in our iudgement to have ensued If we should be demanded what colour of law or reason they can pretend for their forme and maner of proceedings we might rather have cause to wonder then be able to yeeld any reasonable aunswere to such demaund And therefore as they be old inough so good leave shal they have from vs to make answere for them selves Only thus much we might be able reasonably to defend that a good government being lightsome can not brooke the darksomnes of that which is evill And on the other side that an evill governement being darksome can not but flie the lightsomnes of that which is good If the government then of the Church by Diocesans other ordinaries had bene lightsomnes and not rather darksomnes it could not have come so to passe as it hath done that the Moone as it were abashed and the Sunne as it were ashamed should flye before the obscuritie of most grosse darknes That lampes of pure oyle and candlestickes of fine golde standing and burning day night in the temple should be removed and put out and that in steed thereof both woodden candlestickes and lights of bulrushes should be brought in and set vp Nay if we had not seene it with our eyes heard it with our eares it would have seemed a wonder altogether vncredible vnto vs that not one so farre as we can learne among 2. or 3. thousand Ministers some whereof are notoriously knowne to be ignorant vnlearned some idle and non resident some common bibbers taverne haunters some dycers and gamesters some fighters and quarellers some wanton adulterous some simoniacall and vsurious some pompous and ambitious some greedy and covetous some swearers and swaggerers and some prophane and voyd of all honestie of life should so much as once in twoo yeares for any of these grosse impieties bee publickly admonished or marked with the least note of disgrace for not conformitie to the holy lawes of God And yet notwithstanding that a third or fourth part of three or foure hundred painfull discreet learned grave and godly ministers within lesse then sixe monethes should be suspended deprived or deposed some from their offices and some from their benefices not for commission of the least of the grossest of these sinnes but only for omission of the least of the commaundements and traditions of men If wee say we had not both heard and seene and knowne these things wee could never have beleeved them to be true Nay if we had not heard it and knowne it how incredible might it be that sundry learned and godly Ministers vowing protesting offering to testifie vpon their corporall othes that they abstayned from the vse of ceremonies for none other cause but onely for feare of offendinge God wounding their owne weake consciences scandalizing their brethren could not for all this by the Diocesans be accepted but commanded away and put to silence Now alas Most noble Lords if such a course of Iustice and such an hand of iudgement by your Lordshippes or other the Kings Iustices Officers were held in the civil governement of the common weale what out-cryes would there be made in all the corners of the land yea with what swarmes of disordered and riotous persons would the Kings Dominions in short space be oversflowen and pestered It is true my Lordes we confesse that non relatione criminum sed innocentia rei purgantur And therefore to excuse any Minister wherein he may iustly be blamed is farre from our minde and purpose For we graunt that every one
might gather that by the Romish canon lawe the deprivation of a Parson or Vicare for contempt may bee drawne in by the tayle though not by the head nevertheles we stil denie that any Parsons or Vicares deprivation directly or indirectly by the head or by the tayle either for contempt or periury pretended to be committed for inobedience to canonicall admonition can iustly be inflicted by the kings Ecclesiasticall lawes First wee affirme as earst hath bene said that aswell the branch as the budd the tayle as the head of the Romish canon law is cleane cutt of from the body of the kings ecclesiasticall law Secondly that the oath of canonicall obedience exacted by the ordinary from the Parson or Vicare hath ever bene exacted hetherto onely by vertue of the foraine canon lawe and not so farre as we can learne by any the kings ecclesiasticall lawes And therefore periury against a Parson or Vicare for refusing to weare a surplice at his ordinaries command by the kings ecclesiasticall lawes can not be obiected For where there is no lawfull oath taken there no lawfull punishment for the breach of the same oath can be inflicted by meanes whereof one halfe of the tayle before spoken of is disiointed And as for the other halfe viz. that for contempt of the ordinaries iurisdiction a Parson or Vicar having promised reverently to obey his Ordinary and other chief Ministers vnto whom the governement and charge is committed over him Following with a glad minde and will their godly admonition and submitting them selves to their godlie iudgementes that a Parson or Vicar I say may lawfully for contempt be deprived from his benefice if he refuse to put vpon him a Surplice at his Ordinaries admonition and vpon his Ordinaries iudgment this might have some colour if the Ordinaries admonition and iudgment by the holy scriptures could be proved to be a godly admonition and a godly iudgement or if the former rule were a rule aswell drawne from the Kings ecclesiasticall law as from the forain canon law or if there were no certeyne peyne by the Kings ecclesiasticall law appointed for contempt or that among divers certeyne peynes deprivation were one But seeing the same rule is none of the Kings ecclesiasticall rules and that admonition suspension and excommunication not deprivation by the Kings ecclesiasticall lawes be certeyne and ordinarie peynes to be inflicted for contempt it followeth by the Kings ecclesiasticall laws that an Ordinarie may not arbitrarily at his pleasure for such contempt inflict the peyne of deprivation Nay were it true that the Romish and forein canon law touching this point of punishment by deprivation for contempt were in force within the Realme of England yet we affirme even by the same law that a Parson or Vicare for the not wearing of a Surplice in divine worship at his Ordinaries commaundement is no more by his Ordinarie to be deprived from his benefice having a reasonable cause to refuse the wearing of a Surplice then is a Bishop to be deprived by an Archbishop from his Bishopricke for not putting in execution some of his provinciall Decrees when as the same Bishop hath any reasonable impediment not to execute the same decree For this Rule contemptus fit ex ce ipso quòd dum possunt hoc facere illud tamen exequi contradicunt is of no more efficacie â—gainst a Minister subiect to a Bishop then it is against a Bishop subiect to an Archbishop For as Episcopus est ordinarius omnium Presbyterorum suae Dioceseos so is Archiepiscopus ordinarius omnium Episcoporum suae provinciae And therfore as it may be said quod praecipitur Rectori seu Vicario ab Episcopo imperatur ei quod imperatur necesse est fieri ab eo si non fiat poenam habet so likewise vbi preceptum Archiepiscopi est factum Episcopo ibi necesse est vt obediat vnde verbum praecipimus habet vim sententiae definitiuae aswell by an Archbishop against a Bishop as by a Bishop against a Parson or Vicare For as haec dictio praecipimus vsed by a Bishop to a Parson or Vicare importat aliquid de voluntate authoritate Episcopi faciendum vel non facienduÌ„ so by the same word vsed by an Archbishop to a Bishob tenetur Episcopus cui praecipitur quòd praeceptum adimpleat voluntate authoritate Archiepiscopi In like sort then as a Bishop to save him selfe both from contempt the penaltie of contempt may alleadge and plead against an Archbishop that he did not therefore obey and execute his Metropolitanes commandement by reason of absence out of his Diocesse sicknes or other reasonable impediment even so every Parson and Vicare to avoid contempt may pleade for his innocencie against the admonition of a Bishop that Iustam habet excusationem quare illud non debeat vel non possit vel nolit facere Non enim potest dica sponte negligere qui potestateÌ„ faciendi quod incumbit non habet Et negligens dicitur qui desidiosus vel inconsiderains est ad ea quae agere debet cum non subsit rationabile impedimentum contemnere dicitur qui sine causa non facit quod preceptum est Et contemnere videtur Jdem esse quod aspernari vel non curare hoc est verum quando non subest causa Wherevpon Linwood concluding that propter inobedientiam possunt subditi corum benesicjs priuari quia graviter pecat qui obedientiam infringot hoc verum est saith he si sponte sine causa hoc siat Let vs then for examples sake only suppose that the Bishop of Chichester commanded by the Archbishops grace of Canterbury to proceed to the deprivation of M. N. Vicare of P. in the Diocesse of Chichester for his not coÌ„formity in wearing a surplice should notwithstanding his commandement spare the said Vicare his deprivation and being convented before his Metropolitane to answere this contempt should for his excuse alleadge that he had received letters of speciall grace in behalf of the said Vicare from the Kings Maiestie by which he was required to respite the said Vicare and to assigne him a longer day Suppose this I say for examples sake to be true I demand in this case whether the Kings letters directed to the Bishop were not a reasonable impediment and iust cause to save the Bishop from the penalty of contempt which by the canon lawe is the losse of his Bishoprick for the not execution of the Archbishops provinciall Mandate If all the Advocates of the Archbishops consistories must needs grant that his Highnes letters were a iust excuse to exempt the Bishop from the penalty of contempt how much more iustly and reasonably may those Advocats conclude that the same Vicare was to be excused from contempt against the Bishops admonition when for his defence he alleadged and was ready by his oath to have avowed the testimony of his owne conscience rightly
must beare his owne burthen and that every man ought by his owne innocencie to purge himselfe bee other mens offences never so great or seeme his owne in his owne eyes never so small But we have therefore balanced the toleration of scandalous and vnlearned ministers with the molestation of learned and godly Ministers to the end your Lordshippes vnderstanding the number of sinnes and impieties every where daily abounding by the multitude of the former and the scarcitie of godlines in every place to be seene by the paâ—citie of the later your Lordshippes by your wisedomes might foresee and by your authorities prevent that pestilent contagion of ignorance of Gods revealed will which by this preposterous sufferance of the one violent progresse against the other is ready to infect the whole Church and by consequence to lay wast the common weale as a pray to the popish faction For is there not by this meâ—nes a way prepared and made ready for the greatest part of the people to revolt from the Gospell to poperie and so from their naturall and Christian Lord and King to a forein antichristian Pope For let the booke of God be once sealed vp from the people in English as in time of poperie it was sealed vp vnto our fathers in Latine and let the people by example of the wicked scandalous life of Ministers be drawne along in their owne naturall corruption who will not be ready to assist every Iesuite Seminarie wheÌ„ he shal preach poperie the very mistris and mother of all corruption rebellion The wearing of a whit Surplice and the feyned making of an ayrie crosse in Baptisme how litle the popish faction by the same wil be quieted and kept in awe the late outragious starting out in Wales and their madd combynings in other places may be a good caveat for your Lordshippes to consider whether their driftes bee not rather to enterprise a more publike disturbance then to continew them selves within the listes of that obedience wherevnto they were constreyned in the raigne of our late Soveraigne of blessed memorie Queene Elizabeth Your Lordships therefore could not but performe a most acceptable service first vnto God and his Church secondly vnto the King his Realme if your Lordships would be pleased to bee petitioners vnto his Maiestie that by his Regale and Supreame power there might bee an healing of the former errour and vncharitablenes of the Diocesans and other ordinaries For it can not be denied but that by their manner of proceedings they haue sinned against God in this that they have aequaled nay rather in some things preferred their owne Canons Decrees before the commaundement of God And therfore it cannot be but that they have herein as much as in them lay provoked the wrath of God against the King and his whole Realme if by the Kings zeale this their so grosse a sinne be not reformed My Lordes we are well advised what we speake herein before your Lordships for we speake nothing but what we prove thus Whosoever for not wearing a Surplice or for not crossing in Baptisme suspendeth or depriveth a Preaching Minister otherwise vnreproveable for life and doctrine and not suspendeth nor depriveth but tolerateth an vnpreaching minister scandalous in life ignorant of doctrine the same person preferreth in this thing the observation of his owne Canon and Decree before the commandement of God But some Diocesans and ordinaries for not wearing a surplice for not making a crosse in Baptisme do suspend and deprive preaching Ministers otherwise vnreprovable for life and doctrine and yet doe neither suspend nor deprive but tolerate vnpreaching ministers scandalous in life and ignorant of doctrine Therefore some Diocesans and Ordinaries in this thing preferre the observation of their owne canons and decrees before the commandement of God We could heape argument vpon argument vnanswerable to this purpose but we should then passe the boundes of an epistle and become over tedious vnto your Lordshippes Only therefore we most humbly beseech your Lordships in the behalfe of the faithful Ministers of Christ with patience to heare thus much viz. that for their dissenting in matter of ceremonie from the Diocesans they ought no more by the Diocesans to be traduced for factious sectaries or seditious scismatickes then the Diocesans them selves ought to be traduced for such maner persons by their owne dissenting from the Cardinals and Popes of Rome For there being as litle difference betweene a sect and a scisme as there is betwene a besome a broome there being also as smal oddes betweene faction and sedition as betweene an edifice and a building it followeth the Ministers dissenting from the Diocesans of England or the same Diocesans dissenting from the Cardinalls and Popes of Rome if neither of them be seditious scismatickes that neither of them can be factious sectaries When Paule was accused by Tertullus that he was found a pestilent fellow and a moover of sedition among all the Iewes thorough all the world the Apostle answered that they neither found him in the temple disputing with any man neither making vproare among the people neither in the Synagogues nor in the Citie Art not thou saith the chief Captaine speaking to Paule the Egyptian who before these dayes raysed a sedition and led out into the wildernes foure thousand men that were murtherers By which places it appeareth that a seditious or factious person by the holy scriptures is adiudged to be such a kind of person as who boasting himselfe rayseth leadeth or draweth away much people after him and vnto whom much people resort and obey yea and by the civile law not every one that omitteth some duetie commanded but such a one as gathereth people together or stirreth theÌ„ to make a tumult and shall drawe him selfe and his followers to some place of safetie to defende him selfe and them against an evident commandement and publike discipline only such a man I say by the civile lawe is to be punished as a seditious factious person For these kind of meÌ„ only are properly said seorsum ire partes facere Seditio then being quasi seorsum itio and faction quasi partium factio yea a sect also being sic dicta quia fit quasi sectio vel divisio and a scisme being illicita divisio per inobedientiam ab vnitate Ecclesiae facta vel illicita diâ—cessio eorum inter quos vnitas esse debet it followeth that whosoever by inobedience or tumultuouslie goeth not a part or maketh not a part from the vnitie of the Church but either in doing or suffering quietly submitteth him self to the lawes that he can neither be factious sectarie nor seditious scismaticke And indeed my Lords from hence is it that the Diocesans and whole Clergie of England ever since they made a separation from the vnitie of the Church of Rome have falslie bene named and reputed sectaries scismatickes as though they
had without cause devided them selves from the vnitie of the true church of Christ. Whereas in trueth the Church of Rome by hir Apostasie having cut hir selfe from the vnitie and vniversalitie of the doctrine and discipline of the true and mother church of Ierusalem is hir selfe become the most notable and prime sectarist and scismatick of all the world And of whose schismes our Diocesans so farre as they partake with hir can not be but guiltie Vnles then the Diocesans can approve them selves touching their vse of ceremonies and Diocesan governement to stand in vnitie with the true new Ierusalem in these dayes repaired departed from the old scismes and sectes of Rome we assure our selves that they shall never bee able to prove those ministers which stand not in vnitie either of iudgement or practise with them but be conscionably and so lawfully divided in these things from them for such division to be sectaries or scismatickes For it must be an vnlawful discession by inobedience from the vnitie of the first and mother church of Ierusalem and not a lawfull departure vpon conscienc efroÌ„ the vnitie of the daughterâ—church of England that maketh a sect or scisme For otherwise ought not all other Churches stande in vnitie of ceremonies and governement with the church of England or vnlawfully dividing them selves from the church of England must they not become scismatickes sectaries And how then are not almost all the christian and reformed churches in the world not onely almost but altogether scismatickes and heretickes For have they not divided them selves from all those rites ceremonies and ornaments yea from that maner of Diocesan governement which are yet reteyned in the Church of England My Lords I confesse that brevitie and perspicuitie are two commendable graces of the toung and of the penn such as in all mens speeches and writings are much to be affected But yet how long or tedious soever already I have bene I most humbly beseech your Honorable Lordshippes to licence me to passe on one steppe further especially the matter being of such importance as the same may not well bee passed over with silence It hath pleased Sir Edward Cooke Knight his Maixsesties Attornie Generall with all candor and charitie to confirme and satisfie by demoÌ„strative profes all such as were not instructed in these points following First that an ecclesiastical Iudge may punish such Parsons Vicars c. as shall deprave or not observe the booke of common prayer by admonition excommunication sequestration or deprivation other censures and processe in like forme as heretofore hath beene vsed in like cases by the Queenes Ecclesiasticall lawes though the act of primo Eliza had never insflicted any punishment for depraving or not observing the same Secondly seeing the Authoritie of an Ecclesiasticall Iudge is to proceed and to give sentence in ecclesiasticall causes according to the ecclesiasticall law that the Iudges of the common law ought to give faith credit to their sentence and to allow it to be done according to the ecclesiasticall law when the iudge ecclesiasticall hath given sentence in a case ecclesiasticall vpon his proceedings by force of that law For saith he cuilibet in sua arte perito est credendum Now then as these two pointes bee plainly taught and demonstrated vnto vs so also even by the same demonstrative reasons it is cleere that there must be first a depraving or not observing of the booke secondly that every sentence given by an Ecclesiasticall Iudge in a case of depraving or not observing of that booke must be given according to the ecclesiasticall law and vpon his proceedings by force of that lawe in like forme c. From whence it followeth that all sentences touching depravation or not observatioÌ„ of the booke be either voyd sentences by reason of nullitie or no good sentences by reason of iniquitie and iniustice if by the Iudges Ecclesiasticall vpon their proceedings the same sentences have not bene given by force and according to the same lawes in like forme as heretofore hath bene vsed in like cases by the Kings Ecclesiasticall Lawes or if the factes charged vpon the Ministers by the iudges ecclesiasticall by the letter intendement of the law be no depravations or not observations of the same booke And therefore to the end all questions touching these two poyntes might hereafter vtterly cease and bee quite buried your Lordshipps could not performe a more acceptable service to the King the Church and Realme then by an humble importuning his Maiestie to have it explaned by parliament both who by the letter and true meaning of the Statute bee depravers or not observers of the booke and also what lawes Ecclesiasticall may and of right ought to be called indeed and trueth the Kings Ecclesiastical Lawes For vnlesse aswell touching these pointes as touching the former pointes of Sir Edward Cooks it be throughly decided what is the binding and assured law how should the Ministers or others content and satisfie themselves with an vndoubted trueth And that this maner of controversie about the invaliditie of sentences of deprivation given by ecclesiasticall Iudges is not a controversie now first moved but that the same hath bene long since handled and discussed is a matter yet remayning I doubt not vpon publike record For whereas sentences were given in the tyme of King Edward the sixt for the depriving of Steven Gardener from the Bishoprick of Wincester Bonner from the Bishopricke of London Heath from the Bishoprick of Worcester Day from the Bishopricke of Chester Tunstall from the Bishopricke of Durham Vessay from the Bishopricke of Exeter wherein many grave and learned commissioners were imployed as the Archbishop Cranmer Ridlie Bishop of London Goodrick Bishop of Elie Sir William Peeter and Sir Thomas Smith the Kings Secretaries Sir Iames Hales one of the Iudges of the Law Maister Gosnell Maister Goodrick Maister Lisley Maister Stamford men notably learned in the common lawes of this Realme Mai. Leveson and Mai. Oliver Doctors of the Civill Law nevertheles the same sentences were in the tyme of Queene Mary revoked and disannulled without Perliament within the space as myne Authour sayth of three dayes by vertue of other Commissioners for faultes found in the processes viz. that the former Commissioners had proceeded ex officio without authoritie contrary to the Kings Ecclesiastical Law sometimes quod iuris ordo non fuerit servatus c. sometimes that the Interrogatories were ministred to divers persons without knowledge of the defendants c. sometimes that some of the witnesses were examined privately without oath sometimes that their exceptions and appellations were not admitted but their persons committed to prison pendente appellatione c. And therefore most honorable Lords it is to be considered if the like or greater and more notorious defaultes and enormities bee to bee found in any sentence of deprivation given ex officio by a Diocesan governour at this day whether the same sentence
soever they should have grounds and causes so to doe Mary since when as the Discipline and governement provinciall diocesan ministred and exercised by the late Archbishop deceased and his Suffraganes was diversly handled disputed and controverted not to be agreeable but repugnant to the holy Scriptures necessarie also for the repressing of vice the increase of faith and Christian religion to be changed they herevpon iustly fearing that the most vertuous Christian Queene deceased vpon sundry cōplaints made in open Parliament against their many vniust greevances would have reformed the same their maner of governement they then presently vpon new advise and consulation taken boldly and constantly avouched the same their governement to have bene from the Apostles times and agreeable to the holy scriptures and therefore also perpetuall and still to be vsed in no case to be altered by any king or Potentate whatsoever By meanes of which this their enclyning to the popish opinion and holding their Iurisdictiō to bee de iure divino professedly mainteyning in the Homilie wherevnto also subscription is vrged that the King and all the Nobilitie ought to be subiect to excommunication there is now at length growne such a mayne position of having a perpetuall Diocesan and Provinciall governement in the church that rather then their Hierarchie should stoope they would cause the Kings Supremacie which he hath over their said Iurisdiction to fall downe to the ground In so much as by their supposition the King hath no authoritie no not by his supreame power to alter their sayd governement at all And to this end and purpose as it seemeth in their late canons have they devised and decreed this booke of ordination to be subscribed vnto Which subscription can not but quite and cleane overthrow the Kings supremacie and auncient iurisdiction in the most dangerous degree For if their Provinciall and Diocesan orders and degrees of Ministerie together with their iurisdiction be to bee vsed as established and derived vnto them by the holy scriptures how then can it be in the power and iurisdiction of the King to graunt or not to graunt the vse of Provinciall and Diocesan Bishopisme and iurisdiction Or how may the provinciall Bishops with their Diocesan Suffraganes be called the kings ecclesiasticall officers if their iurisdictions be not derived vnto them from the king For if they be called Gods Bishops or Bishops of Gods making how then may they anie more be called the kings Bishops or Bishops of the kings presenting nominating and confirming Nay besides who then can alter them who can restreyne them who can revoke or recall their power and iurisdiction who can resist them or what king of England may pluck his neck from vnder their yoke Nay how should the kings Supremacie as by the ancient Lawes of the Realme it ought remayne inviolable when his Royall person whole Nobilitie and Realme is subiect and lyable to the censure of the canon Law excommunication Which law the Provinciall and Diocesan Bishops to this day in right and by vertue of their Provinciall and Diocesan iurisdiction and none otherwise do stil vse practise and put in execution Besides if Bishops Provinciall and Diocesan as they be described in that book be commanded in the Scriptures and were in vse ever since the Apostles times then ought they to be in the Church of England though the King and his law never allowed nor approved of them But to hold this opinion as it will vphold the Popes supremacie because the generall reasons which vphold a Provinciall Bishop will vphold a Pope so will it once againe not only impeach the Kings supremacie but also be repugnant to the lawes and customes of the Realm By which supremacie lawes and customes only the provinciall diocesan Bishops have bene hitherto vpheld For seing the lawes and customes of the Realme doe make the Kings nomination presentation and confirmation the very essence and being of a Provinciall Diocesan Bishop with vs So that these offices ought to be held only from the authoritie gift and graunt of the King how ought not the kings nomination presentation authoritie and gift yea and the law it self in this case wholy cease if the order degree ministerie and iurisdiction of a provinciall and diocesan Bishop be founded in holy Scripture Vnlesse we shall affirme that that was in the Apostles times which was not or that that is to be found in holy Scripture which is not Namely that there were in the Apostles times and that there be in the holy Scriptures no Bishops but provinciall and dioceasan Bishops to bee found And that by the law of God and the Gospell every King and Potentate hath supreme power to suffer none but Provinciall Diosan Bishops to be in the Churches So that by subscription to allow that provinciall and Diocesan Bishops be Scripturely Bishops and that their iurisdiction and power is a Scripturely iurisdiction and power is to deny that their iurisdiction and power dependeth vpon the kings iurisdiction and power or that by the kings gift and authoritie they be made Bishops But how doeth subscription you will say to the booke of ordination approve the orders and degrees of provinciall diocesan Bishops to be by Divine right rather then by humane ordinance How Why thus it is evident saith the preface of that booke to all men diligently reading holy Scripture and ancient Authors that from the Apostles times there have bene these orders of Ministers in Christes Church Bishops Priests and Deacons Yea and by the whole order of prayer and of Scripture read vsed in the forme of consecrating of an Archbishop or Bishop it is apparant that the order of an Archbishop or Bishop consecrated by that booke is reputed taken to be of Divine institution And therfore seing the names of those orders of Ministers must necessarily be taken and vnderstood of such orders of Ministers as be sett forth and described in the body of that booke it must needes be intended that the Ministers by their subscription should approve the orders of Ministers mencioned in that booke to be of Divine institution and consequently that provinciall and diocesan Ministers or Bishops have not their essence and being from the nomination gift authoritie of the King Besides if we should vnderstand by the word Bishop him that hath the Ministrie of the word and Sacraments as the Pastor teacher and by the word Priest the Presbiter that is the Governing elder and by the word Deacon the provider for the poore then for the Ministers to subscribe to the booke of ordination would no way iustifie those officers or degrees of Ministers which are described in that booke but would indeed vtterly subvert and overthrow them Because the orders and degrees of a provincial diocesan Bishop of a Priest and Deacon mentioned in that booke be of a farr differing nature from those orders and degrees of Ministers which are mencioned