double profession 2. But seing these causes as matrimoniall testamentarie decimarie are now annexed to the Episcopall iurisdiction such matters as they call of instance it is fit they bee referred to the Civilians In such cases let them not onely be advisers but iudges But as for matters of office as they are called which are meerly Ecclesiasticall wee suppose that Ministers are better able to iudge then Civilians and heerein it is not fit they should be assistants to advise much lesse iudges to determine let them containe themselues within their owne element 2. VVhereas wee are referred to the book of the perpetuall governement of the pag. 320. Church let it bee noted that there it is confessed that Iudges of the Civill law take not upon them the power of the keyes committed to the Apostles their suspensions excommunications c. they claim not by Gods law but by mans VVherefore seing it is confessed that this manner of Excommunication by lay men is humane the Petitioners request is reasonable that this abuse be reformed and such usurpers upon the keyes of the Church restrained Fourthly it is obiected If the discipline were once a foote wee should then heare tell of Ans p. 22. Lay Elders c. Answ 1. The Petitioners say nothing of Lay Elders in their Petition but that there haue been such Lay Elders in the Church which haue intermedled in the Ecclesiasticall affaires it cannot bee denied As Reverend D. Fulke confesseth Fulke ans to the Rhem. 1. Tim. ◠sect 13. out of S. Ambrose thus writing or else hee meaneth of those Elders that Saint Ambrose speaketh of upon the first verse of this chapter that were appointed onely for government not for teaching 2. Is not the like practised in the high commission for causes Ecclesiasticall wherein diverse Reverend persons of the civil state are Commissioners And let not our brethren bee so hot against Lay Elders seeing I hope they will not deny but that they may haue voices in Sinods And what greater inconvenience is it for lay men to bee assistants in Ecclesiasticall affaires then for Clergie Of lay Elders men to interpose themselues in Civill and why might not as well Civill persons if it so pleased the state be of the Convocation house as Ecclesiasticall of the parliament as it was practised in K. Henry the 8. his Fox p. 1182 raigne when that worthy Lord Crumwell was made vicegerent in matters Ecclesiasticall and was himselfe present in the assemblies and at the disputations of the Bishops 3. Yet are wee far from making him a Clergie man as the Confuters a little before confessed though they haue soone forgot themselues of Civilians in these words A chancellour or a commissary is not a lay man in this case And yet there is a great differēce between these lay Elders which are but assistants in the presbytery with others theirs who are sole agents and principals in Ecclesiasticall Courts And therefore we may retort the Confuters saying upon their own heads that they reproue others for speaking for Lay Elders and allow the same themselues But there is a principle in the Law Quod semel Reg. iuris 21. placuit iterum displicere non potest That with once did please cannot againe displease And Hierome could haue told them perdit Hieron Ocean authoritatē dicendi cujus sermo opere destruitur He looseth the authority of teaching that overthroweth his words by his works Of Excommunication for trifles THE excuse is that men are not excommunicated for trifles but for their contempt Ans p. 23. Answ Indeed according to our Saviour Christs rule hee that heareth not the Church Mat. 18. 18 must bee held as an heathen and publicane But it is not yet proved that the officiall and his Register make the Church neither shall our brethren bee ever able to shew it 2. It is true that the letters of Excommunication presuppose a contumacy and contempt preceding But he is not contumacious which at the first monition appeareth not upon every cause pretended as it may appeare by these reasons taken out of the Canons 1. First no man should bee excommunicate before the offence bee proved against him nemo Episcopus aliquem excommunicet priusquam causa probetur caus 2. qu. 1. c. 11. But his contumacy is not proued who vpon the first citation appeareth not for he may be ignorant of it or otherwise necessarily letted Ergo such an one is not to bee excommunicate 2. Such onely are to bee excommunicated as are otherwise incorrigible as by Christs rule he must be taken as an heathen and publican that refuseth to heare the adomonition of one of two lastly of the Church Anathema non debet imponi nisi illi qui aliter non potuerit corrigi Anathema ought not to bee imposed but vpon him that can not otherwise bee amended Concil Meldens c. 56. Excommunicatio non infligenda est nisi his qui aliter corrigi noluerint Excōmunication must be inflicted upon such as cannot otherwise bee corrected Coloniens par 13. c. 4. But they which once cited appeare not are not straight way incorrigible Ergo. c. 3. Excommunication should be onely inflicted for criminall offences Non nisi pro mortali debet imponi crimine Meldens ibid. Excommunicationis sententiae ob criminales tantum causas easque valdè graves lethales feruntur Augustans c. 33. As the Apostle bideth an heretike to be after once or twice admonition reiected Tit. 3. 10 As likwise the Law of the Land awardeth the writ de excōmunicato capiendo to take place onely when the Excommunication proceedeth vpon contempt of some originall matter of criminall offencee as of heresie refusing to come to the Church Incontinency vsury Simony Periury Idolatry But euery absence vpon the first citation proceedeth not of any such contempte VVherfore a man ought not to bee excommunicate for the fees of the court or Cans 23. q. 4. c. 27 such like Pro vindicta propriae iniuriae c. To bee revenged for your owne wrong you haue giuen sentence of Anathema which is against the Cannons penitus interdicimus we forbid that for covetousnes sake none dare to excommunicate any Lateranens sub innocent 3. c. 49. 4. The Canons allow that a man should bee twice or thrice cited before hee bee excōmunicate secunda vel tertia admonitione interposita excōmunicationis sentetia procedat Caus 24. 3. 15. Neither should the first citation be peremptory diem peremptorium ad primam citationem non statuendum especially Lateranens sub Alexan p. 3. c. 5. for Ecclesiasticall matters but upon great urgent necessity S. Paul alloweth a manifest heretick two admonitions before he be reiected Much more where the offence is not manifest a canonicall that is thrice admonition should be used according to the constitution of Oxford nemo excommunicationem promulget c. No man shall denounce Excommunication where the excesse is not
the multiplicite of excommunications tot hodie fiunt officiales quod vix est aliquis c. There are so many excommunications now a dayes by officials that scarce any man that feareth God can liue in the world with a safe conscience VVhervpon it was directed vt caveant ab earū multiplicatione c. That they should beware of multiplying excômunications lest they be brought to contempt These are the showers of Chancelors and officials excommunications that flee faster then lightening in tempest Object 9. In our vnderstanding the Minister of the parish doth giue his consent to the petition p. 23. Ans VVhat consent call yee this when the Chancellor or Officiall sendeth his mandate and the Minister must denounce the sentence of excommunication or be suspended himselfe doe yee count this consent sufficient what is the pastor here els but the officials slaue to denounce his censures VVhat is this els but against the Apostle to be the seruantes of men But 1 Cor. 7. 21 De 7. ordin Eccles as Hierome saith non in dominatione vt servos habeas sed in ministerio liberos preachers should not be vsed as servants with indignitie but as free men in their ministrie Object 10. They intend the inabling of everie particular pastor alone to excommunicate Answ to the petition ibid. Ans Neither is it our desire that every particular Pastor should be inabled to excomunicat vntruth We giue no such power to particular pastors himself alone against the Apost rule not as Lords ouer Gods heritage As the the other is slavish so this were popelike as Hierome will saith contenti sint honore suo sciant se patres esse non dominos Let them be content with theyr owne honor and know they are fathers and not Lords Obejct 11. If the pastor ought to be ioyned in commission there would followe a world of troubles Answ ibid. Answ Neither were it fitt that everie pastor should be ioyned in commission with the Chauncelor and attend vpon his courts for that were infinite and tedious for the pastors to withdrawe them from their flocks Cyprian will saith Neque in altari meretur nominari in sacerdotum prece 1. Pet. 5. 3. Lib. 1. ep 9. qui ab altari sacerdotes avocare volunt Hce deserues not to be mentioned in the Minicters praiers that would draw him from executing his Ministery But it shall euen now appeare what our desire is Our desire is that discipline may be administred according to the rules of Gods word or as things now stand seeing there are three persons in this busines to bee respected the Bishop in his diocese the officers and Ministers of the Bishop and the severall pastors VVee would haue euery mans right reserved that all matters of instance and ciuill pleas should be still referred to the Civill Iudges but matters of office as they are called excommunication and spirituall misdemeanors to be censured by the companie of presbyters in euerie Deanrie and division assisted if it please the kings Maiestie with some graue persons of the Lay sort to be assembled monethly together or otherwise as there shall bee cause and from them if there bee any iust agrevance appeale to be made to the bishop Synods of the Bishops and Presbyters necessary with his synod of presbyters For this course to appeale and referre doubtfull matters to synods is both agreable to scriptuers and practise of the ancient Church As in Antioch when the Church was troubled about cercumcision they sent to the Apostles and Elders about that question Act. 15. 2. Thus was it decreed in the great Nicene synode that in euery prouince bishops should assemble twice in the yeare to heare the complaints of such as were excommunicate can 5. The same decree is revived Antioch c. 20. Neither had they onely provinciall synods but the bishop for the same cause had his assembly of pastors Cyprian writing to the presbyters and deacons of Carthage saith A primordio Episcopatus mei statui nibil sine consilio vestro mea privatim sententia gerere c. Since Cypr. lib. 3. epist. 10. my first entrance into my Episcopall charge I dermined to doe nothing priuately of my self without your counsell Gregorie saith lest there be any dissention among brethren c. Lib. 7. epist 110. In unum convnire sacerdotis est c It is necessarie for the Priests to meet together quem negligentia reijcit cum omnium presbyterorum consilio refutetur whom his owne negligence maketh vnworthy let him be displaced by the councell of the presbyters Turenens 2. c. 7. For this cause it was not long since decreed by a provinciall synod singulis annis saltem synodus diocesane a singulis Reformat Ratisp art 35. Episcopis celebrant Euery yeare at the least let everie Bishop celebrate a synod in his diocese Thus if this course were taken Christs institution for the censure of excommunication shall be kept the Pastors shall bee reverenced the preaching of the word furthered people with long iournies not wearied manners shall bee duely corrected And thus much is insinuated by Cyprian Epist 3. ad Cornel. A Equum est iustum ut uniuscujusque causa illic audiatur ubi est crimen admissum singulis pastoribus sit portio gregis a scripta quam regat unusquisque gubernet rationem sui actus Domino redditurus It is right and iust that every mans cause bee heard where the fault is made and to every pastor a part of the flock should be committed to bee governed VVherefore most noble King 1. seeing The conclusion excommunication should bee decreed by an assembly according to Christs rule Matth. 18. 18. 2. Neither should there be any monark or sole commander in the spirituall regiment of the Church 3. If S. Paul did not excommunicate without the Pastors 4. If all that haue authoritie to preach haue right to the keyes 5. If they which haue a ioynt power of ordination haue also of iurisdiction 6. If by the word of God a Bishop and a Priest are all one 7. If all pastorall duties equally belong to all Pastors 8. If whatsoeuer appertaineth to the edifying of the Church is appendant to the pastors office 9 If it be safer that many excōmunicate by consent then one 10. If it hath been the practise of the Church to ioyne presbyters with Bishops in the spirituall regiment of the Church 11. If all Priests indifferently under the Law did separate and restore lepers whereunto answereth excommunication and reconciliation now 12. If presbyters sate in councels and gaue voyces and are allowed by the Law imperiall to excommunicate And further seing nothing can bee obiected of any moment 1. Neither S. Pauls delivering to Sathan of Alexander and Hymeneus 2. Neither of the Incestuous yong man at Corinth 3. seeing the key of knowledge which pastors haue is not to be severed from the keye of power 4. and as well may
A TRVE MODEST AND IVST DEFENCE OF THE PETITION FOR REFORMATION EXHIBITED TO THE KINGS MOST EXCELLENT MAIESTIE CONTAINING AN ANswere to the Confutation published under the names of some of the Vniversitie of OXFORD Together vvith a full declaration out of the Scriptures and practise of the Primitiue Church of the severall points of the said Petition 2. COR. 13. 8. Wee can doe nothing against the truth but for the truth Hierom. dial advers Pelag. Veritas laborare potest vinci non potest The truth may bee contradicted but it cannot bee conquered Imprinted 1618. TO THE CHRISTIAN READER IF ever Impar congressus gentle Reader were between Combatters iust cause of exceptiue complaint then certainly it is between the Saints and Antichrist in respect of outward worldly helpes and that as well in the lesser skirmishes as in the greater battels For in both the Saints do enter the lists and hold out the conflict upon very many no small disadvantages as may most easily appeare to any that with indifferent iudgement shall to omit all others weigh but even these particulars ensuing 1 Our adversaries that striue for the defence of the Romish trash which the Divell and that Man of Sinne hath left yet among us haue the countenance of worldly authority whereas it fareth with us as with the maine of the Gospell in the dayes of our Lord himselfe Ioh. 7. 48. Haue any of the Rulers beleeved on him 2 Their cause being received by tradition from our Forefathers that lived in blindnesse hath the applause generally of all naturall men Ours because it is so hardly discerned is scarcely received by the children of Wisedom and is every where spoken against Act. 28. 22. 3 They abound in outward wealth We poore 4 They haue great store of witty and learned men to defend their cause we are in number few and of those few very many timorous and fearefull of ensuing dangers 5 The Authours of their pleadings richly rewarded with some Bishopricke Deanerie or other fat Benefice Wee deprived and cast out of our livings and liuelihoods if wee bee discovered yea clapped up into prison if the Prelates lay hold on us 6 They men of glorious state and pompe in the world wee are esteemed as were the Apostles 1. Corinth 4. 13. Even the off-scouring of all things 7 They haue leasure enough to invent and publish what they think meet to say for their defence Wee must first labour for food and rayment for our selues and ours and then take some stollen houres now and then to do what we do this way 8 To them the Presses are alwayes open and free But to us they are more then shut For it is not safe for us once so much as to suffer the Printers to know that wee haue any such Coppy to bee printed 9 The Stationers at home are ready to giue them large moneyes for their copies and so undertake the printing and publsihing thereof We must at our great charge and hazard hire the printing of ours in some other Land 10 Open sale in every Booke-sellers shop is free for them Ours if they be taken by the Bishops are burnt or otherwise utterly suppressed 11. They haue sundry lothsome prisons at their command whereinto they shut us up even untill we dye sometimes when by arguments they are not able to confute us We haue onely bodies so to be afflicted by them and sure arguments unanswered 12 They are in their owne causes both parties and Iudges and we without helpe by any appeale to any other then the Lord Iesus must at their pleasures abide their censures 13 Their threed-bare Allegations of mans writings is accounted deep and ancient learning but our avouching the most cleare evidence of the written word of the Ancient of dayes is reckoned ignorant noveltie 14 We challenge them to try it out in the open field by dint of the sword of the Spirit witnesse the Modest offer of Cōference the Humble Motion c. and yet are blamed they are praised though they utterly refuse this way of triall and warre against us onely with carnall weapons as Suspensions Deprivations Imprisonments c. 15 Threatned dangers make men afraid to read our bookes though never so secretly conveyed unto them Theirs all may most freely read openly and that with thanks and commendations Now by reason of these and sundry such like disadvantaging hinderances this ensuing Treatise hath lien hid as many other the like still doe never like to see the light for want of meanes of publishing them about 14. yeares For in the yeare of our Lord 1608. certaine Oxford men having gotten into their hands a Copy of a dutfull and pious supplication prepared to be exhibited to his Maiesty for Reformation of certain corruptions crept into our Churches or rather left in them by Antichrist at his extrusion forthwith published the same in print together with an answer thereto such as it is defending and maintaining all or most of the sayd corruptions so intended to bee petitioned against and that in the name of the Vice-chancellor the Doctors both the Proctors and other the Heads of houses in the Vniversitie of Oxford avouching it to bee agreeable undoubtedly to the ioynt and uniforme opinion of all the Deanes and Chapiters and all other the learned and obedient Cleargie in the Church of England and to bee confirmed by the expresse consent of the Vniversitie of Cambridge although many of them both Doctors and Heads of Houses in either Vniversity and members of Chapiters otherwhere in the Land and also many more of the obedient Clergie were openly knowne to be of contrary iudgement unto them in the particulars mentioned in the Petition and by these men defended and most of the residue never saw nor once heard of the answer untill it was published in print Such was their boldnesse Not long after some of the chiefest Ministers that were interessed in the same Petition penned this discourse following in defence of the said Petition and reply to the aboue mentioned Answer which hath been obscured from that time till now partly for the reasons aboue rehearsed and partly because such is the woefull coldnesse of these back-sliding dayes that even those which seemed heretofore most forward for Church-reformation are so declined that they like not so much as to heare of that that may in any sort once seeme to threaten the least hinderance of their worldly profit or disquiet to their carnall peace be it never so healthfull to their soules Insomuch that they are so farre from being aiding and assisting to Christ in this his cause either by labour or cost that when bookes are printed in defence thereof for their information and instruction they either neglect to buy the same or having bought them cast them aside into some hole or corner never vouchsafing to peruse them yet Wisedom is iustified of her children and some enter the gate of life be it never so straight and walk in the Lords way be
loue of the truth that they might be saved 2. Thes 2. 10. 11. Now the very God of peace sanctify thee throughout in thy person in all thy wayes works and I pray God that thy whole spirit soule and body may be kept blamelesse unto the comming of our Lord Iesus Christ even so Amen TO THE MOST CHRISTIAN and excellent Prince our gratious and Dread Soveraigne IAMES by the grace of God King of England Scotland France and Ireland c. Wee the Ministers and Preachers of the Church of England that desire Reformation wish a long prosperous and happy raigne over us in this life and in the next everlasting salvation MOst gratious and dread Soveraigne we little thought when first our humble Perition was exhibited to your excellent Maiesty it being both for the matter honest and for the manner peaceable should haue found so hard entertainment abroad as that this action of ours so Answ to the Petit. Epist. Ded. p. 4. l. 21. secretly orderly and lawfully enterprised should be by publick writing traduced as unduly and dishonestly attempted Our meaning was onely to intimate to your Majesty the state of our Church not to lay open the nakednes of our Mother to the scandall of the enemy nor to appeale to inferiour iudges to the preiudice of your Maiesty to whom the cognizance of this cause and deciding of this strife of right appertayneth We trust therefore that as Abraham composed the variance between Genes 13. Exod 2. his and Lots servants Moses between the Hebrewes Constantine among the Church Ministers so it will please your Majesty to be a iudge between us and to giue us leaue to defend iustifie our innocent cause As for us we say with the Apostles We cannot but speak the things which we haue seen and heard and approue that saying Act 4. 20. of Hierome Minoris peccati est sequi malum quod bonum putaris quam non audere defendere quod pro bono Dialog 1. advers Pelagian certo noveris Now then most noble King giue your faithfull subiects and unsained lovers of the trueth your princely leaue to iustify their honest and godly petition which hath been by some of our Brethren in their heate impugned In which their enterprise we humbly craue licence to propound certain generall observations which we referre to your Highnesse Christian consideration First whereas wee your Maiesties 1. Observation Opposition between the Kings iudgement the Censurers of Oxford humble Petitioners haue throughout conformed our desires and requests to your Maiesties iudgement who haue wished us to iudge of your future proiects according to your by-past actions and haue proportioned our suites after the rule prescribed in your Majesties book which you would Preface to Basil haue taken of all men as an image of your mind and a Discovery of that which may be looked for at your hands Yet our brethren to our understanding haue been bould in diverse points to oppose their indgement to your Maiesties 1. They count it an unsufferable Pag. 7. thing to permit any thing touching the government of the Church to be so much as questioned Whereas it hath pleased your Maiesty in your princely wisdome to permit and will a conference of the learned concerning such matters 2. They will not grant that these Pag. 10. articulated are the peccant humors of the Church and so consequently acknowledge none Your Majesty saith otherwise no kingdom lackes her own diseases and seemeth not to be ignorāt of corruptions stoln into the state 3 They justifie ceremonies traditions not warranted by the word as the crosse in baptisme the surplice interrogatories ministred to infants Confirmation But your Maiesty Basil p. 18. 19. hath shewed us to ground our conscience onely upon the expresse Scripture and to discerne between the expresse will Commandement of God in his word and the invention and ordinance of man 4. They count them turbulent p. 14. that would not haue the Apocrypha read in the Church But your Maiesties iudgement is otherwise as to the apocrypha books I omit them because Basil p. 1. I am no Papist and indeed some of them are no wayes like the ditement of the Spirit of God 5. Your Majesties princely resolution Basil p. 43. is to see all your Churches within your Dominions planted with good Pastors Our brethren say it is impossible and that the defects of some p. 15. Ans men may be better supplied by other meanes then by preaching as by reading of Scripture and of homilies p. 16. p. 14. and of the service boke and that all Ministers were not preachers in the primitiue Church 6. Your Maiestie most truly affirmeth Basil p. 4. according to the Apostle that faith commeth by hearing the word preached Our brethren say that the P. 16. Ans reading of Scriptuers of Sermons and Homilies are the ordinary effectuall meanes to increase faith 7. Your Maiesties Christian motion to the Vniversity is that leases of their tithes impropriate be so demised as Ecclesiastical persons onely may be maintained inabled to execute their functions the Collegdes being provided for But our Brethren do charge the p. 19. Petitioners for this motion with lack of conscience 8. Your Majesties care is that the Basil p. 43. doctrine be preserved in purity according to Gods word The Petitioners for moving to haue an uniformity of Doctrine and all popish opinions abolished are challenged for shamelesse p. 13. suggestions 9. Your Majesties will is that the Basil 13. discipline bee likewise preserved in puritie according to the word of God The Petitioners humbly desire accordingly that the discipline may be administred according to Christs institution for this motion they are reproved p. 20. 10. Your Maiesty most princelike Basil praef professeth equally to loue and honour the learned and graue men of either opinion that like better of the single forme of pollicy in the Church of Scotland or of the many ceremonies in the Church of England Our brethren Epist. p. 5. count the Petitioners Shismaticks Hypocrites dishonest persons for misliking of some ceremonies and other abuses and wish the land were cleane purged of them 11. Your Maiesty giveth this honorable Basil praef 11. testimony of the godly ministers of Scotland that there is presently a sufficient number of good men of them in that kingdom But the Confuters p. 30. say There are not many men brought up among them in this last reformed age worthy of that wonted honorable maintenance 12. Your Majesty specially provideth for keeping holy the Lords day so that alwayes the Sabboths be kept holy and no unlawfull pastime bee used But our brethren seeme to urge the Ans p. 13 rest upon other holy dayes as strictly as upon the Lords day Whatsoeuer opinion is conceiued of our brethren and howsoeuer they are men of credit and estimation in
God coÌ„maÌ„ds 2 Exercises of Religion Gods own ordinances 1 Preaching 2 Prophesying 3 Fasting 4 Dispossessing 3 Quiet and peace of the Church 4 People robbed of their Pastors 5 Painfull Pastors of their maintenance 2 Occasion of e-evill of 1 Sin 1 Abuse of censures in 1 Suspending 2 Excommunicating 1 Vainly 2 Vniustly 3 Vngodly 4 Ipso facto 3 Depriving 2 Prophanation of 1 Sabboth 2 Worship 3 Tyranny in Prelates 4 A foul-murdring ministry 1 Dumbe 2 Non-resident 5 Carnall liberty Atheisme grosse ignorance in the people 6 Contempt of GODS 1 Word 2 Ministery 2 Punishment Iudgements certainly following these evils 1 Bodily 2 Spirituall 2 Vsers a 2 In the persons against them b a Vsers 1 For loue 1 A Cloke of their 1 Ignorance 2 Slothfulnesse 3 Fleshlinesse 4 Covetousnesse 5 False and corrupt Doctrine 6 Scandalous life 2 A spur and sword unto their 1 Envy and Malice 2 Railing disgracing and persecuting of their 2 For feare 1 By present practise 1 Destroying former doctrine 2 Shutting up the mouth against corruptions 3 Quenching their zeale 4 Wounding their conscience 5 Reioycing the enemies of the truth 6 Grieving the friends of the truth 7 Estranged froÌ„ the better part 8 Linked to the worser part in 1 Affection 2 Practise 3 Fellowship 9 Confirming and countenacing the Prelates ungodly and tyrannous proceedings 10 Alluring occasioning others to fall by their 〈◊〉 2 By preparatioÌ„ unto 1 Subscription unlimited and ex animo to that all good Christians consciences do ex animo ablâ— 2 To plead for the great corruption of 1 Lordly Domination 2 Dumbe Ministery 3 Non-residency 3 To practise favour and maintaine them 4 To oppose and persecute 1 The cause of God 2 Their innocent godly breâ—â—â—â—â— b In persons against them 1 Refusing 1 God is glorified 2 The truth is iustified 3 The godly edified and strengthned 4 The adversaries mouthes stopped 5 The ignorant provoked to search and finde the truth 6 Themselues haue 1 Peace of conscience 2 Triall of patience 3 Note of faithfulnesse 4 Ioy in suffering 5 Increase of zeale 6 Hope of glory 2 Removing 1 Evill falleth 1 Corruptions in 1 Doctrine Of the Church 2 Ministery Of the Church 3 Government Of the Church 2 Scandall to the 1 Godly 2 Weake 3 Wicked 3 Prophanation in 1 Sacraments 2 Worship 3 Sabboth 4 Papistry Atheisme open wickednesse 2 Good flourisheth 1 Increase of faithfull Pastors 2 Increase of godlinesse in the people 3 Purity of 1 Doctrine 2 Worship 4 Peace loue and decent order in the Church 5 CoÌ„formity with the 1. Word 2 Best reformed Church 6 Gods blessing on 1 Church 2 Whole land BELLVM CEREMONIALE THE CEREMONIALL BATTELL Behold the Leaders and the Souldiers The better part disclaimes them The worser sort retaines them 1 God neuer planted nor his spirit inspired them 1 Sathan inspired them Man invented them 2 Christ hath freed us from them 2 Antichrist enthrales us vvith them 3 Holy Apostles neuer taught nor practised them 3 Romish Apostates euer taught practised them 4 Christian Churches reformed haue abolished them 4 Antichristian Romish church deformed retaines them 5 Word of God condemnes them 5 Masse booke justifieth them 6 Purest Writers conclude against them 6 Popish vvriters patronise them 7 Godly Martyres suffered for them 7 Vngodly Bishops persecute for them 8 The godly zealous Exiles vvithstood them 8 Carnall contentious Exiles stood for them 9 The most Reuerend Bishops vvisht them remoued to further the Gospell 9 The most tyrannous proud Prelates suppresseth the Gospel for them 10 Our soundest Doctors taught against them 10 Our popish Rabbins corrupt Statists plead for them 11 Our faithfull and vnreproued Pastors refuse them 11 All scandalous Non-residents Non-preaching Ministers use them 12 All sincere Professors are offended at them and detest them 12 All popish carnall vvicked haters of God rejoyce in them The Weapons 1 Offending svvord of the Spirit 2 Defending shield of 1 Faith 2 Patience 1 Offending 1 Svvord 2 edges 1 Railing slandering 2 persecuting imprisoning 2 Cannon 1 Excommunicating 2 Suspending 3 depriving of Living Lavv. 4 degrading or deposing 2 Defending by the buckler of authoritie 1 Fathers traditions 2 Mens precepts The Event of the Battell 1 Humiliation in Gods sight 1 Encrease of pride before God and Man 2 Exercise of Christian patience 2 Practise of Antichristian crueltie 3 Tryall of faithfullnesse 3 Discovery of unfaithfulnesse 4 Vnity of faith 4 Endlesse dissentions 5 Increase of loue among themselues 5 Increase of contentions among brethren 6 Godly zeale inflamed 6 Superstitious zeale occasioned 7 Conformity vvith Christ and the godly 7 Conformity vvith Antichrist and Worldlings 8 Peace of conscience 8 Conscience accusing 9 Ioy in suffering 9 Terror in persecuting 10 Furtherance of the Gospell 10 Hinderance of the Gospell 11 Christian liberty maintained 11 Bondage enforced 12 Offences remoued 12 Offences given 13 The elect conuerted 13 The vvicked hardened 14 The truth cleared 14 Papistry cloked 15 Gods blessing on their life labors that vvithstand them 15 Gods iudgments on the hand of them that maintaine them 16 Gods holy name glorified 16 Gods holy name blasphemed 17 Pleasing the godly greiuing the vvicked 17 Grieving the godly pleasing the vvicked 18 Confidence and gladnesse at the judgement day 18 Confusion and trembling before the iudgement seat of God THE DEFENCE OF THE PETITION FOR REFORMATION The Reply to the generall censures CENSVRE 1. IT is inconvenient and unsufferable to permit a long and well-setled state of governement to be so much as questioned Ans First then wherein the state is well-setled we neither make question nor desire alteration but where some wants and imperfections are found which are indeed no parts of our state but blemishes it is neither inconvenient for your Maiestie where you see cause to alter nor unsufferable in us to make question It is both honorable to your Maiestie to supply what is wanting to restore what is decaying to remoue what is offending and we trust not disloyall in us to desire some things to be questioned conferred upon which your M ry in your Christian policie seeth neither to be inconvenient nor insufferable It is an honour for Princes to adde to their predecessors worke as Iosua did to Moses Salomon to Davids Nehemiah to Zorobabels Religion is perfected by degrees and reformation can Religion perfected by degrees Lib. 7. in Luc. hardly be wrought in one age Ambrose saith well Non in principijs perfecta quaeruntur sed à principijs ad ea quae perfecta sunt pervenitur The perfection of things is not sought in their beginnings but men proceed from the beginnings to those things which are perfect The Law Imperiall saith Qui subtiliter factum emendat laudabilior Cod. lib. 1. tit 2. l. 1. Iustinian est eo qui primus invenit Hee that exactly bettereth that which is done deserues more commendation then he who first invented it And as
for your Maiesties poore subiects the Ministers of the Gospell wee haue greater cause to thinke our selues happy that we may poure out our complaints into your Christian bosome then Paul did for that he was suffered to answer before king Agrippa and we doubt Acts 26. 3. not but that your princely eares are open to heare us for our selues that would haue us heard for your selfe as Ambrose saith to Theodosius Ipse non audies eos quos pro Ambros epi. 29. ad Theodos te audire velis Will not you heare those whom you desire may be heard for you 2. Cens Augustine saith The very change of custome otherwise profitable hurteth by innovation Answ Neither should custome prevaile Custome no rule of truth against truth nor antiquity counterpoise the verity Innovation is not to be feared where reformation is effected for then neither Christs Gospell should haue taken place against the Iewes traditions nor Christianity against Paganisme or Protestancie against Poperie Augustine saith well even in the same place where he is alledged for custome Aut propter fidem aut propter mores vel emendari oportet quod perperam fiebat vel institui quod non fiebat For faith and manners that may be amended which was evill used and that may be a new instituted which was altogether omitted And Ambrose answereth Symmachus well that urged custome for certain Pagan rites Nulla aetas ad perdiscendū sera est crubescat senestus quae se emendare non potest non annorum canities est laudāda sed morum nullus pudor est ad meliora transire Old age should not be ashamed to amend and it is no shame to change for the better 3. Cens If the ceremonies were superstitious with what conscience did they subscribe in respect of the times c Ans 1. The Ceremonies which we desire to be removed as we iudge them not Of subscription all to be alike superstitious so neither do we hold them profitable or fit to be retained being divers wayes scandalous as shall afterward be shewed in particular 2. Some men by subscription did beare them as tollerable in their opinion for the time not as condemnable in themselues And do our brethren aske with what conscience they could doe this Did not the Apostles subscribe in their Epistle for the retaining of the Iewish rites of abstaining from strangled bloud not thereby simply giving them approbation but yeelding toleration for a time As Augustine doth fitly resemble it Sicut defuncta corpora necessariorum officijs deducenda erant quomodo ad sepulturam c. As the bodies of the dead must haue a time to be brought after a seemly manner to the graue and not to be straight wayes forsaken c. so they which desired the peace of the Church and were loath to depriue the same of their labours did thinke they might by their subscription and tolleration beare these ceremonies for a time as the Apostles did the Iewish though the case be not altogether alike the one being legall rites the other humane inventions yet neither apparantly impious the time and other circumstances considered 3. And yet divers which sue for reformation did refuse at all to thrust their neckes under this yoake of subscription But how little the subscription of some maketh for the allowance of these offensiue ceremonies shall further appeare in the defence of the preface Art 6. 4. Cens If they be indifferent c. then the Magistrate may command and we must obey Where is then their pretended obedience c. Answ Concerning the indifferencie of Some Ceremonies urged not indifferent Epist. 118. c. 8. these ceremonies 1. It will bee hard to shew that they are all indifferent Augustine hath this rule of things indifferent Quod neque contra fidem neque bonos more 's iniungitur indifferenter est habendum That which is not enioyned against Faith and maners must be held as indifferent Such Ceremonies then as haue no warrant in the word and so against faith as the Crosse in Baptisme and are offensiue to the brethren and so against charity as the Surplice how can they be sayd to be indifferent 2. VVere they indifferent in their owne nature yet the scandall that is given to the Church of God doth take away the indifferent use of them As S. Paul saith he would not eate flesh while the world standeth if it offend his brethren 1. Cor. 8. 13 and it is no small danger to wound the conscience of the brethren the Apostle saith they sinne against Christ 3. And if these ceremonies were indifferent in their owne nature yet to him that cannot be so perswaded they are not indifferent For whatsoever is not of faith that is of a Rom. 14. 23. ful resolutiō without doubting is sin For this were as Ambrose saith to be strenuum operibus affectu infidum To bee stong in action and unstable in affection VVherefore if either these ceremonies be not at all indifferent in their owne constitution or not so in the perswasion of the heart it is no disobedience to forbeare and refuse though they are commanded for the Apostles resolution is to be followed to obey God rather The Magistrate must not Act. 4. 19. be resisted and yet that which is against the conscience may without disloyaltie be refused as Ambrose excellently resolveth Volens nunquam ius deseram coactus repugnare non novi potero flere potero gemere Orat. in Auxentium I will never willingly forsake that which is right I cannot resist though provoked this I can do even to weep and waile Lastly seeing these ceremonies are confessed by our brethren to be indifferent then is it in your Maiesties power to take them out of the way Then seeing the removing of these ceremonies wil be no offence of conscience to those that hold them indifferent and yet the retaining of them wil grieue the consciences of many good Christiās that take them not to be such we humbly beseech your excellent Maiesty to take away these occasions of stumbling and we doubt not but your Maiesty is resolved with the Apostles to lay upon your people no other burdens beside necessarie things Act. 15. 28. Like to Theodosius the Emperour of whom Ambrose saith Malluit sibi homimines religione quam metu constringere in obit Theodos Hee had rather binde men unto him by religion then by feare Positiue abuses 5. Cens These men should not be suffered Vntruth 1. wee do not calumniate the state Vntrutht 2. There are many things positiue in the church worthy of blame to calumniate the State wherein there is nothing positiue worthy of blame Answ As touching the abuses in the Church some of them are in the very cōstitution as of Non-residents pluralities dumb ministers faculties excōmunication by Chancellors Officials and such like as shall afterward appeare in particular VVere there nothing herein positiue that is worthy of
blame happy were this Church and twice happy shall your Maiesty be to procure it to be such neither is this to calumniate the state to complaine that the Church of Christ is pestered with some usages and offices begunne under Antichrist of the which we are bould to pronounce with our Saviour every plant which Math. 15. 13. my heavenly Father hath not planted shall bee rooted up and according to the rule of the Law Absurdum est ipsa origine rei sublata Cod lib. 7. tit 6. leg 1. Iustine eius imaginem relinqui It is absurd that the thing it selfe being taken away the image therof should bee still remaining Seeing then popish doctrine as the roote and originall is abolished all papall platformes as the shadow should vanish 6. Cens No Church in Christendome is Vntruth 3. able so much to iustifie their abuses as this Many reformed churches goe beyond vs for discipline of ours which are not so heynous as deserue their bitter reprehension Answ Beside also many abuses there are in the execution of Ecclesiasticall lawes and orders as shall afterward appeare 1. VVhich we heartily wish did no more abound in this Church then in some other reformed churches whose example herein we desire to bee followed according to the word of God 2. VVhat if no Church can iustifie all the corruptions abuses crept in Yet everie Church ought to presse foreward unto perfection to follow the Apostles rule to forget that which is behind not to please our selues in our imperfect state and to endevour to that which is before and to follow hard toward the Philip. 3. 13. marke 3. Neither had our brethren of Oxford cause to obiect that the Petitioners Maske under an unknown generality seeing they themselues expresse not their names nor remoue the vaile from thier faces and as for us we conceale not our names as ashamed of the cause but wee forbeare because it is your Maiesties pleasure we should not gather hands to our petition but as Ambrose saith to the Emperour tolle legem fiat certamen Take away the law and let the tryall be made upon even tearme So when it shall please your Maiestie the consent and number of the Ministers and others desiring reformation will soone appeare VVe are able to shew that these abuses are not onely worthy of reprehension which in our petition is done without bitternes according to the 2. Tim. 2. 25. Apostles rule instructing them with meeknes that are contrarie minded but of alteration not onely fit to be repoved but for ever removed we are now to declare the one and we trust your Maiestie in good time will determine the other and we doubt not but that you are resolued with the Cod. lib. tit 6. leg 42. Emperour Iustinian omnia quae pro honore sanctae Ecclesiae ad Dei placitum fieri properamus legibus constituere operibus adimplere desideramus all things which may bee for the good of the Church by your lawes to will and in your works to fulfill The defense of the Preface 1. Obiect They fauour them too much Vntruth 4. Princes titles that were wont to subiect all kings Titles to popular election c. Answ How they which now sue for reformation were before affected to your Wee doe not therein fauor them Maiesties title we appeale to your princely knowledge and who they were that did shew themselues most earnest to haue had the same in Queen Elizabeths time declared is well knowen Our brethren are then to blame to draw those into suspiciō which will not giue place to any of themselues in zealous and loyall affection And what if some otherwise of good parts haue written undutifully of Princes titles doe wee iustifie or favour them therein Vniversitie men brought up in the schooles might remember that from secundum quid to simpliciter the argument followeth not that because we like them in some things we should approue them in all VVe say Pammach Ocean with Hierome non consuevi eorum insultare erroribus quorum miror ingenia 2. Obiect The petitioners by seeking this Vntruth 5. We disturbe not the state and the like dangerous alterations do disturbe the state c. Answ Flatterers are the disturbers of the state not they which desire things amisse to be amended But this hath been alwayes the reward of the servants of Christ that duly sought for redresse to be counted troublesome and busie bodies according to the saying of the Apostle am I become your enemie because I tell you Gal 4. 16. the trueth to the which answereth that common saying Obsequium amicos veritas odium parit flattery maketh friends and verity maketh foes The Prophets did not disquiet the state of Israel but they which Ezech. 13. cried peace peace sowing pollowes under mens elbowes and flattering them in their sinnes saying all is well If other men were as willing to bee reformed as some desire the Magistrate should reforme there need to bee no disturbance at all It is good to haue peace and follow loue but as the Apostle saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the trueth then shall we rest quietly when we sleepe not upon mens pillowes but in Christs armes as Origen wel noteth on these words Homil 2 in Cantic Cant. 26. his left hand is under my head noli consuere cervicalio vel aliunde capiti requiem quaerere habe sponsi laevam sub capite Sew not pillowes to thine head nor seek rest unto it elswhere get the left hand of the bridegrom put under it 3. Obiect Howsoever in words they decline Vntruth 6. Wee meane as wee write the imputation of factious men c. it is well known in this kingdom and that of Scotland what manner of men they be Answ We meane as we say we wish not the dissolution of the state Ecclesiasticall wee would haue Episcopall labours ioyned with Episcopall honor that they would doe their duty and haue their duty as the rule in law is rationi convenit Reg iur 76 vt succedat in onere qui substituitur in honore that they encroach not upon other mens callings but that they may be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 40 chayned with such bondes as may preserue that estate from creeping to corruption If any in Scotland haue beene to forward wee excuse them not yet that whole Church is not to be blamed for some mans fault wherein are many reverend learned and godly pastors as his maiesty hath giuen a princely testimony of them that Pref to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 there is presently a sufficient number of good men of the ministery in this kingdome Other mens oversightes wee iustifie not neither will answer for their errings if any haue vnduely in their vndiscreete zeale sought for reformation wee prayse them not neither ought it to be a preiudice to moderate proceedings As in our enemies wee condemne
answere Non dico juga boum aut villam emi c. sed plane parvulos me lactare fateor c. I say not I haue bought oxen or a farme but I suckle little ones and therefore I see not how I can come without their great danger Vniversities are not maintained but hindred by non-residents when by this meanes the elder sort liue there like drones and keepe out yonger students that might doe more good As for the masters of howses most of their places are sufficient without other helps to maintaine them in competent sort the other might be provided of dignities without cure that they need not clog themselues with benefices Cathedrall Churches also may be served with residence of Prebends by course there is no necessity of continuall or long absence from their flockes for this cause the onely inconvenience is to their purse if they bee not perpetuall residents according to that Canon which forbiddeth Ne canonici non residentes quotidianas distributiones ex integro perciperent They should but so much want of their divident VVherefore most noble King 1. Seing sheepheards ought to attend upon their flock 2. and Stewards upon their charge 3. and every one must abide wherein hee is called 4. seeing ministers are watchmen 5. and they which flee from their flocks are idle shepheards and hirelings 6. they which feed not the flocks loue not Christ 7. and they which are absent cannot discharge the pastoral duties which are many 8. seeing non residency bringeth apparant danger to the flock 9. and maketh the Pastor inexcusable 10. and is condemned by the Canons and constitutions of the Church And further seeing nothing of any moment can bee alledged in excuse of Non-residents 1. Neither the smalenesse of living 2. nor largenesle of the parish 3. nor sufferance by some positiue lawes giving way to the time 4. nor absence upon some necessary occasion 5. Seing non-residency tendeth not to the maintenance of learning Court Church nor Vniversity we trust your Maiesty is resolved to cherish good Pastors and to see all Churches planted with such as shall reside to doe their duty among their people And to say with Ambrose Ego Amb epist 54. diligo eos vel Presbyteros vel Diaconos qui cum aliquo processerint nequaquam se patiuntur a suo diutius abesse munere I loue such Presbyters and Deacons who when they are gone abroade will not long be from their charge ARTIC 4. Of the Marriage of Ministers IT is well our Brethren consent with us for ratifying of the civill marriage of Ministers we would also that they did accord with us concerning their spirituall marriage whereof Ambrose thus writeth upon these words of the Apostle Vnius uxoris virum c. Prohibet bigamum Episcopum ordinari si vero ad altiorem sensum conscendimus inhibet Episcopum duas usurpare Ecclesias He forbiddeth a Bishop that hath two wiues to be ordained but if we will go to an higher sense he forbiddeth a Bishop or Pastor to usurp two Churches The fifth Article of Subscription Reasons against subscription to the book 1. MINISTERS were forced to subscribe to many things not warranted by the word In such cases the Apostle giveth this rule to whom we gaue not place by subjection not for an houre Gal. 2. 5. And Hierom confidently saith Ego libera voce reclamante mundo profiteor c. I doe Ierom. Augustine freely professe though the world say nay that the ceremonies of the Iewes are deadly and pernicious to Christians and whosoever observeth them is cast down into the Devils dungeon VVherefore in imposing subscription not to Iewish onely but which is worse to ceremonies used in the Popish Church they layd a yoake upon mens shoulders too heauy to beare Secondly seeing the preachers consented in all substantiall points of doctrine they should haue used their Christian liberty in such ceremonies according to the Apostles rule the kingdom of God is not meate nor drink nor by the like reason apparell but righteousnesse and peace and ioy in the holy Ghost for whosoever in those things serveth Christ is acceptable to God and approved of men let us follow those thing which concerne peace and wherewith one may edifie another Rom. 14. 18 19. Vniformity in ceremonies then should not haue been so strictly urged seeing there was a generall consent in doctrine but forbearance should haue been vsed in matters say indifferent for peace sake in una fide nihil officit Ecclesiae sanctae consuetudo diuersa Toletan 5. can 5. 3. Though it had been a fault in the preachers not to be conformable in these ceremonies yet did it not deserue so great a punishment as suspension degradation incarceration deprivation that Non-residents idle ignorant superstitious adulterous Clergie men were not so proceeded against as honest painful preachers what was this else but with the Pharisees to straine at a gnat and swallow a Camell Such severity in trifles was taxed long ago by Augustine hoc nimis doleo c. this They were wont to obserue the 8. day after baptisme Aug. contra Petil. 2. 37. Aliud est quod octave die baptizatornm nos celebramus much greeveth me that many things wholesomely commanded in Scriptures are not endevoured and all things are so full of humane presumptions that he is more censured that in his octaues setteth his bare feete upon the ground then he that is givē over to drunkennesse Epist 11. c. 19. 4. Profitable ministers though wanting in some externall matters should haue been borne with for the common good of the Church this course S. Paul tooke what then yet Christ is preached all manner of wayes whether under pretence or sincerely I therein ioy and will ioy Phil. 1. 18. Thus Hierom saith well Ecclesia numero superata Advers Ioan bierosol peccantium c. the Church overcome with the number of offenders doth pardon the shepheard to do the sheep good Yea the Canons allow a toleration for the profit of the Church Vbi Ecclesiae maxima utilitas vel necessitas postulet where the necessity or utility caus 1. q. 7. cap. 17. of the Church so requireth There was small reason to thrust out preachers for trifles there being such want of preachers 4000 Churches in England yet being without 5 Subscription was urged by force not by perswasion there was no course taken to resolue them that doubted and Bishops peremptorily required subscription without yeelding any reason further or satisfaction to the doubtfull contrary to the Apostle who saith not that we haue dominion over your faith 2. Cor. 1. 24. But they which urged subscription commanded they perswaded not mens conscience the Church of Rome some time was more equall as Leo 1. thus writeth plus erga corrigendos agat benevolentia quà m severitas plus cohortatio quà m comminatio plus Charitas quà m potestas c. with those that are to be corrected let Clemency prevaile more
the having of two Churches Ab ipsa Domini voce audivimus non posse quenquam duobus Dominis servire unusquisque in eo quo vocatus est debet manere We haue heard from the Lords owne mouth No man can serue two Masters Every one ought to remaine in that to which he is called 4. Arg. The Apostle saith Who is sufficient for these things 2. Cor. 2. 16. A man is not sufficient to discharge one cure much lesse can he supply the Pastors duty in divers This reason was used in the Lateran Councell part 1. cap. 13. sub Alex. Cum unum officium vix supplere possint stipendia vendicant plurimorum When they cannot do one mans duty they challenge the stipend of many 5. Arg. The Apostle againe saith If there were any that would not worke hee should not eate 2. Thess 5. 10. But pluralists worke not in their charge from whence they are absent Ergo they should not eate of such flockes This reason is urged Oxoniens sub Stephano Si residere noluerint cum non nisi laborantibus panis dandus sit Ecclesijs per Episcopum spolientur If they will not be resident seeing bread must bee given onely to them that labour let them bee deprived 6. Arg. That use and custome which maintaineth hirelings in the Church and an unpreaching and insufficient ministery is not to be suffered in the Church for our Saviour speaketh against hirelings and mercenary Pastors Ioh. 10. 13. An hireling flieth because he is an hireling c. But the plurality of Benefices bringeth in hirelings This reason is used by Innocent 2. Ne Ecclesiae conductitijs presbyteris cōmittantur caus 22. q. 2. c. 5. Lest the church bee committed to Hirelings This complaint was made many yeares since as is extant opusc trip lib. 3. c. 6. Quando ponantur vicarij c. When hirelings are placed respect is not had to the sufficiencie of the person but to him that will serue for least wages 7. Arg. It is not fitte that some Ministers should a bound and others want that some men should bee eased others greeued as the apostle saith but that there be an equalitie 1. Cor. 8. 14. Inhonestum videtur vt alij sacerdotes habeant alij detrimentum patiantur Decr caus 16. qu. 7 c. 1. But pluralities cause many Ministers to bee in want and by this meanes keepeth them out of the Church that would doe much good Meliores qui laborare in Ecclesia c. The better sort that would labour in the Church are excluded and are forced to profane studies when as they might be an ornament to the Church Coloniens sub Adulpho med 3. c. 9. 8. Arg. S. Paul would haue the pastors to bee examples to their flocke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to bee as seales to leaue a print vpon theyr people The latine text addeth by way of exposition Exanimo to bee examples fram the heart 1. Pet. 5. 3. And Augustine therfore fitly sayeh the Ser. 40. ad fratres in cremo pastor is compared to the oliue propter vim oleae triplicem nam illuminat pascit fessa membra fovet c. oyle doth lighten feed and cherish so Prelates should illuminate by the word feed by their example foster the poore by temporall benefites One of these the Pastor may doe being absent to feed the needy but the other to feed by his example and lighten by doctrine he cannot do unlesse he be present 9. Arg. Gregory gathereth this argument against pluralities out of that place of S. Paul If the whole body were an eye where were the hearing 1. Cor. 12. 17. Sicut indecorum est ut in corpore humano alterum Distinct 89. cap. 1. membrum alterius fungatur officio c. As it is unmeet that in the body one member should do the office of another so it is hurtfull if every ministration bee not to severall persons distributed 10. Arg. VVe will now shew how this abuse of coveting after divers Churches hath beē censured by the ancient Canons 1. They are decreed to be disgraded Non licet clericum in duabus simul Ecclesijs conscribi c. qui aliter fecerint cadant de proprie gradu Chalc. c. 10. 2. They were deprived of the benefice received after the first si aliter factum qui receperit amittat Lateran 1. c. 13. 3. Et qui dederit largiendi potestate privetur ibid. The patron in this case lost his gift 4. Electio cassatur His election and admittance that had other dignities is made voyd Greg lib. 3. tit 5. c. 18 5. Si illud forte retinere contenderit alio spolietur He that contendeth to hold the first having accepted the second shall loose both Lateran sub Innocent 3. c. 29. 6. Excommunicatur nisi ad proximam revertatur Ecclesiam Chal. c. 20. He is iudged to be excommunicate that returneth not to his owne Church Obiections 1. Obiect THESE canons meane that no man should bee set over two citties or great townes not any two Churches Answ The cleane contrary is evident Episcopi non in castellis c. Bishops must not be set in small towns but presbyters should be by the Bishops ordained in villages and towns singuli tamen per singulos titulos suos but severall persons in their severall titles Anaclet distinct 80. 3. Here it is evidently expressed that the smaller towns shall be committed severally to several pastors So likewise Dionysius Ecclesias singulas singulis presbyteris dedimus wee haue graunted every Church to his proper presbyter caus 13. q. 1. c 1. Nullus presbyter duas habeat Ecclesias no presbyter must haue two Churches Alex. caus 16. qu. 7. c. 20. In duabus Ecclesijs clericus conscribi nullo modo potest A Clarke must by no means be placed in 2 Churches caus 21. q. 1. c. 1. 2. Obj. Where the maintenance of the Minister is small there it is fit the minister should unto it adioyne another Answ To this see our answer before defence of the second part of the petition art 3. 3. Obj. Why may not one man hold two or three benefices as well as one hold a Church with two or three Chappels Answ To this we haue answered likewise before defence of the second part of the Petition art 3. 4. Obj. The Canons onely spake against pluralities that are held without dispensation not otherwise Answer By these means if pluralities were lawfull by dispensation all the restraints by Canons would bee nothing else but engines to draw profits to Courts for faculties and dispensations 2. The Canons haue no power to dispense with any precept or constitution of the Scriptures as this is of Residence and attendance upon the flocks of the people 3. But the better Canons doe allow in this case no dispensation at all Greg. Decr. lib. 1. tit 6. 54. The Canon calleth concessionem per Archiepiscopum Dispensation for pluralities not good by the Canons factam frivolam
Ergo seeing a Bishop and Presbyter are the same by the word of God iurisdiction doth of right belong to both Arg. 7. All pastorall duties doe equally belong unto the Pastors but to seperate the pretious from the vile is a Pastorall duty Ier. 15. 19. as it belongeth to the shepheard to seeke that which is lost Ezek 34. 4. that is to reconcile the penitent so also to separate the uncleane to correct the obstinate Augustine saith De corrept grat cap. 15. Pastoralis necessitas habet c. The Pastoral necessity requireth lest the contagion should spread further to separate the diseased sheepe from the sound Ergo it belongeth to Presbyters which are Pastors and haue their flockes Act. 20. 17. 28. to separate ane excommunicate the vile and uncleane Arg. 8. VVhatsoever belongeth to the gathering together of the Saints the work of the Ministery the edifying of the body of Christ is to be performed by the Pastors and Doctors with other Ministers of the Church for to this end hath Christ ordained these offices Ephes 4. 11. But to separate or excommunicate and recoÌ„cile are profitable to the said purposes This authority is given for edification 2. Cor. 10. 8. Ergo it belongeth to the Pastors and Teachers of the Church Arg. 9. The discipline should bee administred by such as are more likely to haue the spirit of direction and to whom with the least perill of the Church the censures might be exercised But an assembly of Presbyters are more like to haue the spirit of Direction as the Apostles and Presbyters assembled in councell saying It seemed good to the holy Ghost and Concil Affrican can 138. epist ad Coelestium to us Act. 15. 28. Thus saith the Councell of Affrican Vnlesse there be any that thinkes God inspireth one particular person with righteousnesse and forsaketh a number of Priests assembled in Synod Again there would arise lesse danger to the Church by this means for there is a rule in the Law Excommunicatus non potest excommunicare he that is excommunicate himselfe cannot excommunicate another caus 24. q. 1. c. 4. But a Bishop or any one Ecclesiasticall person may by many occasions stand under the censure of excommunication In what cases Bishops are liable to the censures of the church as if he haue two wiues caus 24. q. 3. c. 19. or if he bee a teacher of errour hee must bee delivered to Satan caus 24. q. 3. c 13. Pelagius or if he be an usurer caus 14. q. 4. c. 4. or a blasphemer or swearer Carth. 4. cap. 61. or a player at dice. Trullan c. 50. or be negligent in preaching and so continue can Apost 57. or giue orders for money Chalced. c. 2 Or be promoted for money Constant Conc. 6. gener c. 22. or make a lay man his vicar generall Hispatiens 2. c. 9. Or take upon him any civill office as vice-presidentship Iusticiariship Decr. Greg. 3. 58. 4. or sit in causes of bloud or giue sentence for the cutting off of any meber as of ears hands c. ibid. c 5. So writeth Alexander 3. in his rescript to the Bishop of Canterbury But a Bishop or any one man may stand excommunicate where an assembly or company cannot in this case by whom should the discipline be administred Ergo it is safer that the censures of the Church should bee disposed by many then by one Arg. 10. Presbyters by the word of God and practise of the Church are interessed in the spirituall rule and government of the Church but the Excommunication belongeth to the spirituall regiment Ergo For the proofe of the proposition first in the Scriptures wee find that the Apostles called together the Presbyters for the deciding of doubtfull questions and by the Apostle the Elders that labour in the word are made rulers the Elders that rule well especially they that labour in the word 1. Tim. 5. 17. they then that laboured in the word were also ruling Elders for how else should they haue a double honour being excluded from government which is counted one of the greatest honours of the Church Now the practise of the Church is most evident Hier. saith communi presbyterorum concilio Ecclesiae regebantur â—â—â—rom in â— 1. In the beginning Churches were governed by the common advise of presbyters caus 11. q. 3 c. 106. debent 12. sacerdotes Episcopum circumstare c. twelue Priests must stand by the Bisbop when he denounceth excommunication can 108. VVhen the penitent party was to bee reconciled the Bishop must bee assisted with as many caus 12. q. 2. c. 5. The Bishop could not dispose of the temporall things of the Church much lesse of spirituall inconsulto presbyterio not hauing before consulted with his presbitery neither was the assistance of the presbytery for decency and order onely but of necessity Episcopus nullius causam audiat absque praesentia clericorum aliter erit sententia irrita The Bishop shall heare no mans cause without the presence of his Clarks otherwise let the sentence bee voyd Carth. 4. c. 23. Thus it is evident that at the beginning the presbyters did assist the Bishops in the regiment and gouernment of the Church as is confessed also by our learned writers the government of the Church at the first was so apportioned that neither the presbyters should doe any thing without the Bishop Perpetual gover p. 307. nor the Bishop dispose matters of importance without his presbytery D. Fulke thus testifieth it is manifest that the authority of binding Ans to Rhem in 2 Cor. 2. sect 4. and loosing committing and retaining pertaineth generally to all the Apostles alike and to every pastor in his cure Thus was it in the beginning but by little and little in processe of time Bishops began to encroach upon presbyters and their office 1. Bishops had at the first but a priority before their presbyters they were not How Bishops by little and litile encroached upon Presbyters to suffer a presbyter to stand before them Carth. 4. 34. and within doores Collegam se presbyterorum esse cognoscat let the Bishop take himselfe to be the presbyters collegue and fellow but now Bishops are callled Prelats Ministers subditi their subiects 2. As yet the Bishops had no speciall kind of ordayning as differing in order from presbyters as Ambrose saith Episcopi presbyteri una ordinatio there is but one ordination of a presbyter and a Bishop uterque enim sacerdos for they are both but Priests or Ministers in 1. Tim. 3. afterward the Bishops brought in a speciall kind of consecration for themselues 3. Then they went further that whereas in giuing of Orders presbyters were ioyned with Bishops Carth. 4. c. 3. cited before they did assume that office to Hier. Evag. 10. themselues quid facit excepta ordinatione Episcopus c. What doth a Bishop that a Priest cannot doe ordination onely excepted 4. But not contented to stay here
they forbid a presbyter Benedictionem super plebem in Ecclesia fundere To pronounce benediction or blessing over the people in the Church Agathens can 30. 5. Nay it was not lawfull for the presbyter the Bishop being present either to pray or doe any sacred action vnlesse he were bid Gelas decr 8. 6. But it was too painful for the bishop to take vpon him these ministeriall functions of praying preaching celebrating the Sacraments and therfore they were content to remit these duties to the Presbyters But confirmation was appropriated vnto Bishops Disce hanc observationem ad honorem Hier. advers Luciferan esse potius sacerdotij quam legis necessitatem This observation is rather for the honour of the Preisthood then by necessity of any Law 7. But yet in Hieroms time though presbyters â—dicens â—6 17. were excluded from ordination and coÌ„firmation they enterposed themselues in the iurisdiction of the Church Nos habemus Hier. in Esa 3. senatum nostrum c. As the Romanes had their Senate so the Church had a presbitery by whose counsell all things were done Thus by litile and litle haue Bishops nibled vpon the presbyters leaving them the laborious works and taking the honors to themselues VVe desire that things onely may returne to their first institution Obiections answered 1. Obj. SAint Paul himselfe alone did deliuer Two kinds of delivering up to Satan Alexander and Hymeneus to Satan that is excommunicate them 1. Tim. 2. 20. Therfore excommunication many be decreed by one Answ 1. VVee may here vnderstand a double kind of deliuering vp to Satan Extraordinarie How S. Paul deliuered up to Satan when as satan did torment the bodies of such as were delivered vp as Satan tried Iob thus thinketh Chrisost vpon this place for like as the Apostles had then the gift of healing to lose faithful men froÌ„ the bonds of satan so had they power to giue over the obstinat to satan This power extraordinary might be executed by the Apostles Act. 5. Act. 13. alone as Peter did upon Ananias Saphira and Paul vpon these two blasphemous persons There was an odinary delivring vp to Satan by Excommunication quia diabolo traditur qui ab Ecclesiastica communione â—erbis Apost ser 98. removetur Because he is deliuered to the deuill that is remoued from the fellowship of the Church for without the Church is the diuell August This kind of delivering to Satan Paul excercised together with the Church 1. Cor. 5. 5. 2. Or rather taking this for the same kind of delivering to Satan there mentioned The Apostle is named here not as the sole but principall agent as in another place hee maketh mention only of the imposition of his hands 2. Tim 1. 6. yet the presbytery imposed hands with him 1. Tim. 4. 14. So then here the Apostle onely expresseth the act done that they were delyuered as for the maner how it was done we must haue recourse to the Apostles practise before in the Church of Corinch as Chrisostom well noteth on this place quommodo illum tradiderit audi congregatis vobis spiritu meo c. But how the Apostle delivered him heare Hom. 5. in 2 Tim. c. 1. when you are gathered together and my spirit and so he referreth vs to that place 1. Cor. 5. 2. Object There the Apostle did send his mandate and the rest did but execute it Paul Parpet gov p. 125. asked not theyr consent but tried theyr obedience For this cause did I write that I might see the proofe of you whether yee would bee obedient in all things 2. Cor. 2. Answ 1. If followeth not because the Apostle tried their obedience therefore â—dicens â—6 17. they had no power to excommunicate for they were to bee directed by the Apostle in their administring and executing of that power 2. So as they in their spirituall obedience were to forgiue where the Apostle would haue them to forgiue so there was in the Apostle a mutuall correspondence to forgiue where they did forgiue 2. Cor. 2. 10. There was then a concurrance of theyr powers in this action 3. That the Church of Corinth did concur as principall agents not as Ministers onely with the Apostle in this act of Excommunication is shewed bfore arg 3 Obj. 3. We will allow every Pastor and preacher the key of knowledge to discerne but not the key of power to excoÌ„municate and absolue Answ 1. These 2 keyes of knowledge and power though in some respect they differ Of the key of knowledge and the key of power yet in vse they ought alway bee ioyned together and in effect are the same for the key of power is the key of the kingdome of heauen giuen to Peter and the rest of the Apostles math 16. 19. I will giue thee the keyes of the kingdom of heaven soe the keye of knowledge is that wherby heauen is opened as our Saviour sayth Luc. 11. 92. Wo vnto you interpreters of the Law for you haue taken away the key of knowledge as Ambrose sheweth clauem Petri fidem esse dixerim petri per quam Ambr. set 38. caelos aperuit the key of Peter I call the faith of Peter by the which he opened the heavens 3. As then the Priest in the law did not onely discerne betweene leper and leper but did giue sentence of separation so the Pastors which haue the keyes of discerning should haue the key of excluding or receiuing who is able better to iudge then he that can discerne 4. The corrupt extravagant that brought in the disioyned vse of the keyes confesseth ad aliquid convenienter definiendum vtraque Extrav Ioan it 14. c. 5. clauis cognossendi definiendi necessaria requiritur to define any thing well both the keyes of determining and discerning are necessary Object 4 The priuate vse of the keyes in appointing offenders to forbeare for a tyme Perpet gov p. 316. the Lords table wee deny not to presbyters but not the publicke vse to exclude an impenitent person from all fellowship of the faithfull Answ 1. This distinction of the priuate and publike vse of the keyes is but an humane invention the Scripture knoweth no such difference he that hath right to the one hath interest in the other the generall commission giuen to all pastors is Whose sins yee remit are remitted Here is no Ioh. 20. 23. limitation of remitting publikly or privatly 2. it is more to separate from the sacramets then from the prayers only of the Church He then that can doe the more is inabled to doe the lesse 3. The Canons doe take those for all one Communione Sardicens can 16. 17. priuare abijcere To depriue of the communion and cast out Exterminare de Eeclesia separare a communione To thrust out of the Church and put from the Communion 5. Object If Bishops haue any further auhoritie then standeth with good reason and the
the publick use of the keyes be committed to Pastors as the private 5. And seeing presbyters in citties haue dealt with the censures the Pastors of the country should not be excluded 6. Neither is the frequenting of Synods any hinderance to the Ecclesiasticall presbytery 7. 8. 9. Nor any other inconvenience need to be feared VVe trust your Maiesty will follow the example of David to distribute the offices indifferently among the sonnes of Aaron 1. Chronicl 24. 4. that a Theodoret. lib. 5. c. 37. few onely haue not the preeminence and the rest bee despised Theodosius the Emperour when hee was excommunicate a levi homuncione of a light cockbrain fellow because hee granted not the thing which he requested would not enter into the Church before hee had been of the same party absolued As we condemne the malepartnesse of the Priest no such authority beeing giuen to any one in the world to censure Kings so thus far wee wish that good Emperour to be followed that the censures of the church may be reverēced being first restored to the originall institution We aske nothing but what your Maiesty hath given hope of that discipline 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 43. B. Bilson p. 320. Perpet gov be preserved in puritie according to the word and which some of the greatest opposites to this cause haue granted We take the power of the keys to be common to al that haue pastorall charge of soules in their degree And so wee conclude this matter with that sentence of Hierom which wee desire our reverend Bishops to think uppon sicut presbyteri c. as presbyters know that by the custome of the Church they are made subiect to him that is set over them ita Episcopi se noverint magis consuetudine quam dispensationis dominicae veritate presbyteris esse maiores in commune debere Ecclesiam regere So let Bishops know that rather by custome then any divine dispensation they are greater then presbyters and ought to governe the Church in common in 1. c. ad Titum citatur distinct 95. c. 5 And Hierome againe saith Episcopi sacerdotes se esse noverint non dominos honorent Clericos quasi Clericos ut ipsis a clericis quasi Episcopis honos deferatur scitum est illud oratoris Bomitij cur ego te habeam ut principem cum me non habeas ut senatorem If Bisbops will be counted as chiefe and principall they must admit their Pastors to bee as Senators and of their Councell Hierom. ad Nepotian 4. Against extorting of unreasonable fees Obj. 1. There are severe lawes made already in that behalfe p. 24. Answ Notwithstanding the severe canons provided against the extorting of unreasonable fees who knoweth not what intollerable exactions are used in Ecclesiasticall Courts The time was when the Cod. lib. 9. tit 27. Leg. 3. Gratian. Iudge ought to take nothing for his sentence when nothing was to be exacted of the innocent party Colon. p. 13. c. 7. speciem aequitatis non habet quod ab Innocentibus absolutis quippiam expensarum nomine exegatur when nothing was to bee taken of the poorer sort a pauperibus non valentibus solvere nihil recipiatur append Basil c. 10. It is not aboue 250. yeares since when this order was taken by Iohn Stratford of Canterbury Liuwood de censen c. Saeva that ministers should pay for their letters of orders but 6 pence for their letters of institution but 12 pence It hath bin decreed that none should exact ultra statuta Caus 16. q. 1. c. 62. leo Extr. com l. 3. tit 10. c. 1. patrum beyond the rates appointed and should take lesse then the custome not more But how the world is changed who can be ignorant what large fees are payed for sentence innocents not spared the pore not pittied for probates of testaments double required to that which the statute aloweth for acquittances Executors some ten some twenty yeares after are forced to pay some forty some fifty Shillings some more Letters of institution are growen from twenty Shillings in the beginning of Queen Elizabeths reigne to foure or fiue pound Letters of orders taxed in many places after the same rate Archdeacons in their visitation haue exacted twelue pence sixteen pence yea two Shillings for the article books not much more aboue three pence And not long since when the fifth of August was commanded to be solemnised for the Kings deliverance in some dioceses the Church-wardens were urged to pay twenty pence for copies of the letters It were too long to reckon up al the exorbitant courses of these Ecclesiasticall courts and officers which since the canon made in the convocation anno 1597. haue been more intollerable then before and seing convocation canons are no more regarded wee desire that their exactions may be restrayned by parliament statutes that some of the ancient lawes may bee revived against such as either the law of Theodosius to be punished fourefould or the decree of Innocent the 3. Extorta restitu it Cod. lib. 9. tit 27. l. 6. tantundem pauperibus eroget to restore what is exacted and to giue so much to the poore or of Benedict the 12. that they pay twice so much within two moneths or Decr. Greg. lib. 3. c. 49. c. 8. Extrav com lib. 3. tit 10 c. 1. can 24. els be suspended from their office or the decree of the 8. generall Councell concerning such enormities aut corrigatur aut deponatur that if they bee not amended they should be deposed 5. Of farming of iurisdiction Censure IT is of it selfe a matter indifferent neither good nor evill but as it is used p. 24. Answ And doe our brethren hold the farming of Ecclesiasticall Iurisdiction to be so indifferent a thing How is it possible when some Chancellours and officials pay 20. some 30. some 50 poūd yearly for their place registers some an hundred some 200 pound some more but that they should extort in their office and by unreasonable and intollerable exactions make up their hard rents Is this thing neither good nor evill VVe wonder that men professing the Gospell should bee thus besotted and blinded seeing the papall Hierarchie hath detested such corruptions Lateranens par 1. c. 15. quidam pro certae pecuniae quantitate jurisdictionem Episcopalem exercent qui de caetero praesumpserit sic facere officio suo privetur Episcopus conferendi hoc officiū potestatē amitttat both the officer that farmeth his office shall bee deprived and the Bishop loose the gift So was it also decreed Coloniens sub Adulph med 3. c. 3. Non licet praelatis officia sua pro pecunia alicui committere that no prelates should let out their offices for mony 6. Of the restraint of marriage at certaine times Obiect IT is falsely called a popish canon it was anciently used in the Church Laodicen c. 52. and being rightly used is commendable c. Ans to
Petit. p. 24. Answ 1. The 52. canon of the Laodicene Councell which decreeth that marriage should not bee solemnized in Lent doth no more shew that the restraint of marriage is not superstitious then because can 24. mention is made of 7. Ecclesiasticall orders and can 48. of chrisme to bee used after baptisme it might be inferred that neither are these observations popish VVe count not onely those corruptions popish which the pope in his ruffe invented but those of Elder time which hee hath retayned and seing the mysterie of iniquitie wrought in the Apostles time it is no marvaill if it wrought in the time of this Councell 2. This canon obiected maketh but one restraint of Marriage in time of lent but the Church of Rome brought in three froÌ„ More times of restraint for mariage observed in EnglaÌ„d then in the popish Church Advent to the Epiphany from Sepauagesima to the octaves of Easter from the RogatioÌ„ week to the octaues of peÌ„tecost all which times are strictly urged in Engl. still And yet the last time interdicted at Pentecost the Tridentine Chapter hath dispensed with Ses 24. cap. 10. So that heerein Protestants are more superstitious then Papists 3 This canon for restraint of marriage had but a superstitious beginning it was prohibited against such festivals because of the holinesse of the time so that these absur dities follow that marriage is a disgrace to these times which the Apostle calleth honorable Heb. 13 4. And that some time are more holy then other contrary to the Apostle Galath 4. 10. And if marriage bee not fit to be solemnized then all matrimoniall duties might as well bee forbidden and so married persons should bee forced to forbeare and to absteine the third part of the yeare who iudgeth not how inconvenient this would be 4. But seeing marriage in these times may bee lawfull by dispensation to what other use serued that canon then to draw advantage to their purses If they can make it lawfull for mony to some as well may the parliameÌ„t make it lawful to all persons without money And so the Petitioners request is resonable that day of fast onely excepted this al other Popish inconvenient canons should bee abrogated according to the statute of Henry 8. that such canons as by the 32. Commissioners to be nominated by the king should be found contrary to the word of God and the law of the land be abolished This acte was made ann Henry 8. 25. c. 19. repealed ann 1. 92. of P M. reviued ann Eliz. 1. c. 1. VVe desire onely the execution of it 7. of the long somnesse of Ecclesiasticall suites Obiect IT is not the fault of the Court or Iudge c. but some time the error of pleading the intricatnesse of the cause cunning of proctors c Answ 1. None of these pretenses can excuse the length of sutes 1. If the error Cod. lib. 2. tit 28. c. 1. be in the forme of pleading let Constantins law take place Iuris formulae te aucupatione syllabarum amputentur They sbould not stand soe strictly vpon termes and querks of lawe but goe directlie to the equitie of the cause as Innocent wrote to the Bishop of Hereford Non secundum formam Lateranens par 7. c. 13. in literis expressam sed secundum vigorem iustitiae iudicandum Iudge not according to the termes of the letter but after the tenure of iustice 2. If the fault be in the advocate let Iustinians law be executed Cod. lib. 3. tit 1. c. 11. Puniatur in duab libris auri Let a fine be set on his head 3. If the proctors trifle and make vnnecessary pleas let Theodosiê° law be revived that the iudge may remoue theÌ„ ab executione from their practise vt sciant causas à se non esse deludendas that they may learne not to delude causes 4. If the Clients be perverse Cod. lib. 3. tit 3. c. 2 and absent themselues Iustinian also hath taken order for that The Iudge may determine the suite in their absence and against their willes 2. Now for the time to be limited for the determination of suites the ciuill law prescribeth two yeares for criminall causes three years for ciuill pecuniarie suits The canon law also setteth for the Extav com lib. 1. tlt 9. c. 1. Sixtus 4. hearing of Ecclesiasticall suites betweene partie and partie two yeares But this is to bee presupposed in most difficult and intricare causes for the determining of some other civill or criminall a lesse time is limited as the space of 20. dayes Sciant Cod. lib. 1. t. 5. leg zeno Iudices intra viginti dierum spatium debere se prefata litigia postquam orta fuerint terminare And generallie this respect of Clergie mens suites Vt disceptatio litis Cans 11. q. 1. c. 45. duorum mensium spatium non excedat They should not exceed two monethes It were to be wished that some of these lawes What time may be thought meet to be limited for the detaining of suites were restored that a certaine time should be prefixed for a finall end of suites A yeare or two at the most might suffice for the deciding of the most intricate causes Now the Iudge Register advocate proctor are all agreed to prolong suits for their aduantatage and so as the prophete saith they wrape it vp Mic. c. 7 3. But the chiefe fault is in the Iudge who might abridge suits if he would And therefore Iustinian punisheth the Iudge in 10 Cod. lib. 1. tit 1. leg 11. pound of gould that determineth not causes within the time prescribed Leo the 10 decreeth theÌ„ to be excoÌ„municate Iudices causas coram eis pendentes sub poena excoÌ„municationis terminare debent The like Latran sub Leon. 10. sess 11. course if it were taken with our Ecclesiastical Iudges the whole kingdom would soone finde great ease 8. Of the oath ex officio Object THE oath ex officio is used as it ought to be by men of wisdome experience conscience c. Answ p. 25. Answ The oath ex Officio wee desire that it were in Ecclesiasticall courts more sparingly used or rather never used and in these poynts reformed wherein we think it is enforced contrary to the word of God and the law of this land 1. The oath whereby a man is forced to accuse himselfe should not be used in ordinarie proceedings and in trifling and common causes as now it is but in weightie and great matters which tend to the disturbance of the common peace or are against the State such as are handled in the most honourable Court of the Starre-chamber and it should bee used rather in civill causes then canonicall as in matters of trust Exod. 22. 11. And so by the Imperiall law in actione depositi a man might be onerated with an oath Cod. lib. 4. tit 1. leg 10. So in action of debt the debter might be put to his
oath Ibid. leg 9. 2. This oath is ministred propter inopiam probationum where other proofes fail Cod. lib. 4. tit 1. leg 3. And the Canon law saith In ipso causae initio non est à quaestionibus inchoandum They must not begin in the entrance of the suit with questions So in the case of iealousie between man and wife where no other evidence was the woman was charged with an oath or execration Numb 5. 21. But now a man convented is first put to his oath though other profes be at hand 3. VVhere one is pressed with this oath a partie and accuser should be given that he which is accused may referre juramentum may haue liberty to returne the like oath upon his accuser Cod. lib. 4. tit 1. leg 9. Iustinian giveth this reason Non debet respuere in persona sua quod placuit in persona adversarij Hee must not refuse to sweare in his own person seeing hee put his adversary to it ibid. leg 12. This course is held in the honorable Court of Chauncery that where that partie is examined upon his oath his adversary that putteth in the bill appeareth against him This standing forth of the accuser is approved by our Saviour Woman where are thine accusers Ioh 8. 10. The heathen Iudge had this equity to say unto Paul I will heare thee when thine accusers are com Act. 23. 35. The Canons are most pregnant this way Iulij 1. decr 1. that an accuser should bee produced in iudgement Non oportet quenquam iudicari aut damnari antequam accusatores suos presentes habeat None ought to be judged or condemned before he haue his accusers present Non ante accusatus supplicio deputetur quant accusator presentitur That the partie accused be not adiudged to punishment before his accuser be produced Wormatens c. 42. Necesse est secundum scripturarum documentum accusatorum accusatum simul adesse It is necessary according to the doctrine of the Scriptures that both the accuser and accused be present at once Nicol. 1. de Iudic. c. 10. No cause shall be admitted to any to determe Nisi personae appareant quae volunt personam criminosi impetere Vnlesse the parties appeare that will accuse the guiltie person Thus both by Scripture lawes imperiall Canons of bishops Councels provinciall and generall it is evident that no man ought to be condemned without an accuser wherein the course which is taken by the ministring of an oath Ex Officio faileth 4. Clergy men are priviledged not to be examined upon their oath Citra iniuriam questiones testimonium dicunt Cod. lib. 1. tit 6. leg 8. Theodos They must giue their testimony not forced therto by question As they are excepted by this law from torture of body so by the same reason from the forcing of their conscience especially the Bishop should not exact such a compulsiue oath of his Clergie Nullus Episcopus Clericos suos nisi forte quibus Ecclesiasticarum rerum dispensatio commissa fuerit sibi iurare compellat Caus 22. 5. 23. Placuit ut nullus Episcopus quenquam Clericorum iudicare aut condemnare presumet nisi accusatus legitimos accusatores habeat Wee think fit that no Bishop do iudge or condemne any of the clergie unlesse the party accused haue lawful accusers present This also is agreeable Inter decret ab Adrian collecta to the Apostle Against an Elder or a Presbyter receiue no accusation but under two or three witnesses 1. Tim. 5. 19. But now in Ecclesiasticall proceedings there is no respect had to the reverent calling of preachers but they are indifferently put to the oath neither is there an accuser produced 5. The Prophet Ieremy would haue us to sweare in iudgement Ierem. 4. 2. that is not rashly but deliberately and advisedly but they which are examined upon the oath can not sweare in iudgement because they know not the articles before to consider of them but they that sweare make a present and direct answer they know not to what This is also contrary to that decree Latran sub Innocent 3. c. 8. Contra quem facienda est iniquisitio c. exponenda sunt illi capitula de quibus fuerit inquirendum ut facultatem habeat defendendi seipsum c. He against whom inquisition is made must haue the points declared unto him whereof hee is to bee exaamined that he may haue power to defed himself Ergo the oath ex officio is not according to iudgement 6. VVe must sweare also in righteousnesse Ierem. 4. 2. But so doe not they which take the oath ex officio because they are forced to accuse and bretray their brethren which is against the law of charitie and righteousnes In which case a man should bee resolved to say with Ambrose prius est ut animam mihi quam fidem auferat I wil sooner loose my life then my faith 7. It is against the Law to force a man to produce witnesses against him self Nemo contra se cogitur testes producere Cod. lib 4. tit 20. leg 6. Ergo it is against the law for a man to be forced to be a witnesse against him selfe 8. By the ciuill law a witnesse produced against his will must not carcerali custodia detineri c. Be commited to prison nor deteyned aboue 15. dayes Cod. l. 4. 20. 15. But they which are produced to testifie against themselves are committed to prison and kept not onely 15. dayes but so many weeks and moneths till they submit themselves to the oath 4. The Scripture saith in the mouth of two or three witnesses shall every word stand 2. Cor. 13. 2. Hereunto agreeth the civill law vox unius vox nullius the voyce of one is the voyce of none Cod. l. 4. tit 20. l. 8. Constan And the canon law Vnius testis responsio omnino non audiatur one witnesse is not to bee heard Caus 4. q. 3. c. 2. If one witnesse is not to be accepted much lesse where no witnes is should any be condemned 10. The same party should not be both accuser and iudge our Saviour to whom as a iudge they presented the adulterous woman would not condemne her without accusers Ioan. 8. The Canons agree Nullus praesumat Cans 4. 44 c. 1. 2. accusator simulesse iudex Let none presume to be accuser and judge Fabian epist 1. Damasc ep 3. c. 7. Concill Oxoniens sub Steph. But in urging the oath ex officio the Iudge and Court are accusers VVherefore O most noble King 1. seing the oath ex officio should bee in waighty not common in civill rather then in criminall causes 2. seeing it should be used but when other proofes faile 3. And that an accuser should be produced 4. And the Ministers by law are priviledged 5. Seeing such cannot sweare in iudgement not knovving the articles obiected 6. nor in righteousnesse being forced oftentimes to accuse their brethren 7. Neither should a man be forced to