desire by an irrevocable law according to the manner of the Medes and Persians to have it enacted That as well every procurer and labourer for a voice as also No occasion of partiall suits about election between parishioners every suitor and sollicitor for a place of Ministery be adjudged ipso facto incapable for ever of the same place For the second touching partiall suits to arise betweene the Parishioners about the election of their Pastor these suits for ought I yet conceive wherin I grant I may erre and conceive too little may easilier be dispatched than be once begun Parishioners ordinarily in the Countrey sue not ne molest one the other for pleasure but for profit they are not so lavish of their purses nor so careles of their thrifts as to jangle in vain when before hand they know there is no hope of gaine And indeed what advantage or what pleasure should Ancients divided against Ancients and chiefe men distracted against chiefe men in a parish about the election of a Minister reape by such â— division and distraction Besides by our daily experience we have learned that very rarely or not at all about elections made by the people of any Officers either in the Countrey or in Cities and Townes any variance or partiall suites have beene stirred betweene the electors For though some times perhaps they varie in their judgements one from another yet rest they more wise and provident than to impaire their owne estate to advance an other mans reputation And if in former times there have no occasion of partiall suites touching publike officers in the common weale fallen out betweene the people when out of a multitude they have chosen one much lesse can there be any occasion of No partiall suites can be among parishioners when one only is propounded to bee chosen by them partiall suites if only there remaine but one to bee chosen to bee a Church officer For if all the ancients agree to choose that one then is all the suit about him ended and if the greater part disagree yet this their disagreement can bee no occasion to breed and nourish suit and contention And why first because no other cause by the greater part ought to be alledged to withdraw their consent but only such a cause as the law should precisely allow in the same case to bee a just cause Secondly because this just cause before the day of election ought to be made knowne unto the Magistrate and by him to be approved so that if the greater part upon the day of election shall dissent not having before hand alleaged and provided a just cause of their dislike the voices of the lesser part as being supposed the better part shall prevaile confirm and make good the election Oh! here is much said my Lords spoken of a choice and election to be made by the Ministers and people by proofes to bee made before the Magistrate but here is not any one word spoken or any mention made of the Patron of the Bishop or of the Archdeacon of presentation institution or induction And what an alteration and innovation would that be and what a dangerous attempt were it to alter lawes setled and that Patrons should bee curbed and that Bishops and Archdeacons should not meddle in these â—usinesses any more Well then to wipe away as much as in me lyeth this cavillous reproach and obloquie from the servants of God who are challenged to be new fangled giddie headed and fanaticall spirits strange innovators and desirers of perillous alterations to wipe away I say this slander If it may please the King with his Princely wisedome to confirme the forme of policie now in use and practice touching ordinations presentations The forme of Church policie now in practice by the Bishops and the platforme of Church policie desired to bee planted by pastours compared together institutions and inductions by Bishops Patrons and Archdeacons with the manner of that platforme of Discipline concerning the substance of these things which is propounded And if the propounders preferre but the commandement of God before the traditions of men but the Kings Crowne before the Bishops Myters but a feast of fat things yea of fat things full of marrow before leane spits and emptie platters but a feast of wines yea of wines fined and purified before sower and untoothsome whey I hope his Majestie will graciously vouchsafe so to protect the propounders being his faithfull loving and obedient subjects as that hereafter they shall not bee charged with any more so unjust and scandalous imputations The practice and policie then now in use is after this and this manner The Bishop oftentimes at his pleasure beside the law nay rather Inconveniences of bishoply ordination are these pestering of the churches with unlearned ministers Vnlawfuâ—l gaine for â—etters or orders the breach of many good lawes against the expresse letter of the Law and publike Canons of the Church not only ordaineth Ministers alone without assistants of such number of Ministers as is required but he also ordaineth them for the most part when there is no place of Ministration void Now the buds which to the griefe of many godly men and to the obloquie of the Professors of the Gospell have sprung from this manner of ordination have beene these viz. The publike breach of many good lawes the pestering of the Church with multitude of unable Ministers together with much unlawfull gaine by immeasurable exaction of money for letters of orders For it cannot be denyed but the Bishops Secretary Gentleman-usher grome of his chamber Butler Pantler Porter and other the Bishops menials besides his owne and his Registers fees and his Clerke for expedition doe usually all or most of them challenge and receive fees some more some lesse before the poore Minister with his box of orders can bee suffered to passe by the porters lodge these are the fruites of the Bishops Suits betweene the patron and the â—ishop sole ordination The suites which have growen and daily do grow by the Patrons presentation to the Bishops have been and are these Sometime contention and suite in law betweene the Patron and Bishop for disallowing the Patrons Clerke for non-abilitie or as being criminous Sometimes if two Patrons pretend right of patronage Suits betweene Clerke and Clerk if one of their Clerkes be instituted and the other rejected as necessarily it must come to passe for one wife can have but one husband then followeth suit at law betweene the Clerk refused and the Clerke admitted wherein also the Bishop is made a partie by a writ of quare impedit sometime suit falleth out betweene the Clerke presented and the Bishops when the Clerke calleth the Bishops Suites between the Bishop and the Clerke by a double quarrell before the Archbishop for not granting institution and sometime also likewise debate is moved and law attempted between the Clerke instituted and the Archdeacon who Suites between the
they joyntly should not execute the discipline of Christ viz. excommunication and other censures of the Church in every parish within his kingdome If it bee answered that in this case the Presbyter alone doth excommunicate is it not as if one should say that the executioner doth give judgement when at the commandement of the Judge he smiteth off the head or casteth downe the ladder or may not as much be said for the execution whereof we speak that the Pastor only should excommunicate when by vertue of his office with the consent and not by the prescript of the elders associated unto him he should declare and pronounce the partie to be excommunicated but let it be granted that Rowland Allen denounceth the lesson which is written in the paper for him to read yet it is cleare by the precept that the same must bee done by the prescript of Doctor Hone Besides Doctor Hone he citeth he precognizateth the parties and they being absent hee pronounceth them contumaciter absentes and in poenam contumaciarum suarum hujusmodi decreeth them to bee excommunicate and are not all these necessarie parts incident to the execution of discipline by excommunication And how then can the Minister bee said to excommunicate alone when Doctor Hone of necessitie must play three parts of the foure without all or without any one of which parts the excommunication by reason of a nullitie is meerely voide Againe the Act being done as it were uno puncto ac uno halitu and Rowland Allen and Doctor Hone having their commission from the Archdeacon in solidum how can their judgement be divided Furthermore to say that Rowland Allen doth excommunicate by the authoritie of Doctor Hone were to overthrow the intendment of the article Because by the scope of the article it is plaine that the presbyter to be associated to the officiall must only derive his authoritie from one who hath taken Ecclesiasticall orders But those orders Doctor Hone never tooke otherwise Rowland Allens presence had been unnecessarie and superfluous And therefore if the excommunication bee of any validitie then is discipline by excommunication in the Church of England exercised partly by our lay-Elder as they call him and partly by one Ecclesiasticall Elder wherein againe it is worthy the observation for the matter we have in hand that D. Hone a meere lay and temporall man hath authoritie from the Archdeacon to call and associate unto him and to prescribe R. Allen a Presbyter and an other mans hireling Curate in Southwarke to excommunicate not only the Parochians of an other Pastors charge but any other Pastour whatsoever subject to the Archdeacons jurisdiction And hath not the Kings highnesse then as good right as great a priviledge and as high a Prerogative to command Master Doctor Andros or Master Doctor King and lay Elders by a lawfull election to be associated unto either of them to excommunicate either of their owne parishioners for publike drunkennesse or other notorious sinnes committed in their owne parish For if it be lawfull at the voice of a lay stranger that an hireling and stipendarie Curate should chase an other mans sheep out of his owne fold how much more is it it lawfull that a true shepheaâ—d should disciplinate his owne sheepe feeding and couchant within his own pasture and within his owne fold Furthermore touching the admittance of governing Elders or lay Elders as they call them unto the Minister of every congregation according to the former pattern of one lay Elder that the same is not a matter so strange for lay men to bee joyned in this charge Lay men appointed by the Queenes injunctions to execute some part of discipline of ecclesiasticall government as the opposites beare us in hand to bee it shall not be amisse to call unto their remembrances one of our late Soveraigne the Queenes injunctions whereby certaine lay persons called overseers were commanded to be chosen by the ordinaries in every parish for the better retaining of the people in obedience unto divine service In every parish saith the Injunction three or foure discreet men which tender Gods glory and his true religion shall bee appointed by the Ordinaries diligently to see that all the parishioners duely resort unto their Church upon all Sundayes and holydayes and there to continue the whole time of the Godly Service And all such as shall be negligent in resorting to the Church having no great or urgent cause of absence they shall straightly call upon them and after due admonition if they amend not they shall denounce them to the Ordinarie Thus farre the injunction Which that it is not meant of the Church wardens appeareth by the very next article for unto them as is assigned an other name so also another office That sidemen also are not these kinde of overseers is plaine in that they be neither so many in number as are here required neither chosen by the Ordinaries neither yet doe they admonish and denounce according to this article Wherefore because it is meet that the effect of this injunction being religious should be put in due execution it seemeth a thing very reasonable and much tending to the honour of the King that his Highnesse under his letters patents would bee pleased to appoint three foure or more discreet and faithfull persons in every Parish not only to performe the effect of this article but also generally to oversee the life and manners of the people that without great and urgent causes they resort not unto Typling-houses or houses of evill note and suspected fame and that upon the Sabbaths they use no heathenish dancing about their disguised May-poles And after due admonition if they amend not to denounce them to the Pastor of the place For then might the Pastor Book of the form of ordeining Priests be encouraged to give his faithfull diligence as at the time of his ordination he solemnly promiseth unto the Bishop alwaies to Minister the Doctrine and Sacraments and Discipline of Christ as the Lord hath commanded by which words inserted it the booke there is a plaine and open confession made by all estates in Parliament that Christ hath not only established discipline but a certaine forme of discipline in his Church and that the pastour to whom Every Minister ought to minister the discipline of Christ in his owne cure by consent of Parliament the care and charge is committed to teach the people ought to minister the same discipline For it had beene a very absurd part for the Parliament to appoint the Bishop to receive a promise from the Ministers to minister the discipline of Christ if Christ had not instituted a discipline or that the same discipline which he instituted had not in their judgements belonged unto the Minister And therefore this very letter of the booke convinceth the whole answer made unto the abstract touching this point to be very erroneous frivolous and impertinent to the point in question For
than to plant the things required to be planted And alas what a resolution was that among pillars and Fathers for so they will bee counted of the Church Especially when as the things required to be redressed were required to bee redressed at the hands of the whole state of governement that is at the hands of the Queene the Lords Spirituall and Temporall and Commons in open Parliament assembled And could any dammage I pray you have ensued to the state of Government to the state of the Queene to the state of our Countrey People Common weale and Lawes or to the state of the Gospell if things amisse in the Church had beene redressed and things wanting in the Church had beene planted by so high and supreme a power I trow not Nay seeing our Countrey People and Commmon weale not only once and twice and thrice but many times have humbly and earnestly prayed and solicited in open Parliament a redresse of things amisse in the Church is it not most evident that things were not considered aright but amisse by these Fathers of the Church And that the considerers by keeping things unplanted rather aymed at their owne profit honour and dignitie than that our Countrey People and Common weale should fare the better by having things amisse to bee redressed The considerers then being them selves parties yea and such parties as by whom things were carried amisse in the Church and whose defects only were required to be redressed no marvell I say if they used all kinde of artificiall advisement and consideration to keepe things still unplanted by the planting whereof their owne unfatherly miscariages must have beene reformed On the other side if things required to be planted might indeed be once planted howsoever happily our former Church officers might bee somewhat male-contented and discouraged to have their superfluities pared and the edge of their swords abated yet is there no least cause at all for our Countrey people and Common weale to feare any trouble or hurly burly among us For if the hand of God be in Judah so that he give the people one heart to doe the commandement 2 Chron. 30 12. of the King and of the Rulers according to the word of the Lord and if the King the Nobles and Commons shall condescend and agree in one and if their voices shall be all but as the voice of one man to allow and approve that which doth touch and concerne them all then shall neither the Nobles have any occasion to disdaine the Commons nor the Commons any reason to envie the Nobles Much lesse can the Nobles be at variance with the Nobles nor the Commons be at defiance with the Commons For they bee all of them so prudent and so provident as that they will not bite one another lest they should be devoured one of the other And in deed why should any of our Clergie-Masters be so void of judgement as to deny the Nobles and Commons after foure and forty yeares experience of a most prosperous peace waiting upon the Gospell to be now growne so uncircumspect and simple witted as that a reformation of disorders to be made by their consents in others should bring forth a confusion in themselves What will they bicker one with the other will they beate and buffet one another when there is no cause of disagreement or variance betweene them For they shall be sure to lose neither libertie nor dignitie they shall endanger neither honour nor profit Our Nobles shall be tres-noble still they shall be Princes and Captaines over our people They shall be Deputies and Presidents in our publike Weale They shall be Peeres and Ancients of the Kingdome their Priviledges Prerogatives Preeminences stiles ensignes and titles of prowesle and honour shall not be raced defaced or diminished But they shall as they may and ought remaine and continue whole and inviolable both to them and their posterities throughout their generations Our Judges Justices and Lawyers shall have and enjoy their authorities credits and reputations as in ancient times They shall be recorders of our Cities Townes and Boroughs They shall be Stewards of Kings Leets and Lawdayes Our Knights Esquires and Gentlemen shall still bee Burgesses in Parliaments and Conservators of the Kings peace they shall bee Assistants to examine and represse thefts rapines murders robberies riots routs and such like insolencies yea they shall be our Spokes-men and our Dayes-men to arbitrate and compose striffes and debates betweene neighbour and neighbour Our common people they without disturbance shall quietly and peacably retaine and injoy as in former ages their immunities franchises and liberties as well abroad as at home as well in their houses as in their fields They shall possesse their tenancies without ejection they shall bee inheritors without expulsion as well to the lawes liberties and customes as to the lands and possessions of their Ancestors They shall not bee compelled to goe to warfare upon their owne costs they shall not be tryed arraigned or condemned by forraign power or by forraigne Lawes There shall no husbandry no clothing no handicraft no mariner no marchandise no lawes of the Land no manner of good learning whatsoever in Schoole Colledge or Vniversitie be decreased or laid aside Wherefore the Admonitor toying neversomuch howsoever hee hath made his flourish and cast about with his May bees his I feare his pray God his yfes and his andes howsoever I say it pleased him to trifle with these gew gawes yet shall none ever be able to prove by any proofes drawne from the holy Scripture or humane reason that any hinderance indignitie or incumbrance can ever betide our Nobles our Commons the state of our Countrey People Lawes or Common-Weale if the state of Church-governement were translated from Archbishops Bishops Archdeacons Chancellours Commissaries and Officials which are officers in the house of God only according to the commandements and traditions of men unto the government practised by the Apostles and primitive Church which they cannot deny but must confesse to have been according to the holy pleasure of God Nay our Nobles and our Commons are most assured to bee so farr from being endammaged or dosing ought hereby as hereby they shall purchase that unto themselves which never yet any oppugner of so good and holy a cause could attaine unto Namely they shall seale up unto their owne soules infallible testimones of good and sincere consciences testimonies I say of their fidelities unto God testimonies of their allegiance unto him by whom they have beene redeemed and testimonies of love and compassion unto the whole Church of God Nay further our Commons shall be so farre from bringing a-dammage upon themselves as they shall marvellously benefit the mselves First by purchasing unto themselves a large immunitie from many foule and great grievances and exactions of money imposed and levied upon them by Officers and Deputies of Arehbishops Bishops Archdeacons c. Secondly by having the Lord Christ whose cause
against us that we which urge the same holy law for the bringing in of the discipline by pastors and elders should notwithstanding contrary to the same law intend the leaving out or altering any one of the three estates But which of the three estates was it that he meant should bee left out I trow there is none of the state of prelacie so ill advised as to take upon him the proof of this position viz. That the Lords spiritual The state of the prelacie is not one of the three estates in parliament by themselves alone doe make one of the three estates or that the statutes of England to this day have stood by their authorities as by the authoritie of those who alone by themselvs are to be accompted one of the three estates For if that were so how much more then might the great Peeres Nobles and temporall Lords challenge to make by themselvs an other estate And without contradiction to this day the commons summoned by the kings writ have ever been reckoned a third estate Now then if statutes have hitherto stood by authoritie of the Lords spirituall as of the first estate by the authoritie of the Lords temporall as of the second estate and by authoritie of the commons as of the third estate I would gladly be resolved what accompt the Admonitor made of the Kings estate It had not beene liegnes nor loyaltie I am sure howsoever hee spake much of the Lords spiritualls dutie and fidelitie in the execution of our late Queenes lawes to have set her Royall person authoritie and state behind the lobbie at the Parliament doore Either the kings Royall person then as not comprised within the compasse and circumcription of the three estates by his meaning which had beene but a very bad meaning must be thought to have beene hitherto secluded from authorizing the statute lawes made in Parliament Or els it is a most cleare case that the Lords spirituall themselves alone do not make any one of the three estates And what matter then of more weight may it happily seeme to be to alter the authoritie of the Lords spirituall and to leave them out of the Parliament when as notwithstanding they being left out the statutes of England may remaine and continue by authoritie of the three estates And it were not amisse for the Lords spirituall to consider that the bodie and state of the weale publike both now is and ever hath beene a perfect entire and complete bodie and State without the bodie and state of Prelacie and that the King and Nobles and Commons of the Realme without Prelates Bishops or Clerkes doe make up all the members and parts of the bodie and of the state and may therefore ordaine promulg and execute all manner of lawes without any consent Anno 36. h. 8. fo 51. h Anno m. j. fo 93. â— approbation or authoritie yeelded unto the same by the Bishops spirituall or any of the Clergie And thus much our Divines Histories and Lawes do justifie Sir Iames Dier Lord chiefe Justice of the Common pleas in his reports telleth us that the state and bodie of a Parliament in England consisteth first of the King as of the head and chiefe part of the bodie secondly of the Lords as principall members and lastly of the Commons as inferiour members of that bodie By a statute of provisoes it appeareth That the holy Church of 25. Ed. 3. holy church founded in the state of prelacie by the King England was founded into the state of prelacie within the Realm of England by the grand father of King Edward the third and his progenitors and the Earles Barons and other Nobles of the Realme and their Ancestors for them to informe the people of the law of God and to make hospitalities and almes and other workes of charitie in These uses are changed to the keeping of great horses great troopes of idlers wiâ—h long haire and great chaines of gold 6 Eliz. c. 1. The King bound to do lawes made without assent of prelates to bee kept as lawes of the realmes the places where the Churches were founded From whence it followeth First that the Archbishops and Bishops only and alone doe not make of themselves any state of prelacie but that the whole holy Church of England was founded into a state of Prelacie Secondly it is plaine that the Kings of England before they and the Earles Barons and other Nobles and great men had founded the holy Church of England into a state of Prelacie ought and were bounden by the accord of their people in their Parliaments to reforme and correct whatsoever was offencive to the lawes and rights of the crowne and to make remedie and law in avoiding the mischiefes dammages oppressions and grievances of their people yea and that the Kings were bound by their oathes to doe the same lawes so made to bee kept as lawes of the Realm though that thorough sufferance and negligence any thing should at any time be attempted to the contrary For whereas before the statute of Caerlile the Bishop of Rome had usurped the Seignories of such possessions and benefices as whereof the Kings of the Realme Earles Barons and other Nobles as Lords and Avowes ought to have the custodie presentments and collations King Edward the first by assent of the Earles Barons and other Nobles and of all the communaltie at their instances and requests und without mention of any assent of the state of prelacie in the said Parliament holden at Caerlile ordained that the oppressions grievances and dammage sustained by the Bishop of Romes usurpation should not from thenceforth be suffered in any manner And forasmuch as the grievances and mischiefes mentioned in the said Act of Caerlile did afterward in the time of King Edward the third daily abound to greater dammage and destruction of the Realm more than ever before and that by procurement of Clerks and purchasers of grace from Rome 31 Ed. 5 sta of â—â—ering the said King Edward the third by assent and accord of all the great men and commons of this Realme and without mention of any assent of Prelates or Lords spirituall having regard of the said Act of Caerlile and to the causes conteyned in the same to the honour of God and profit of the Church of England and of all this Realme ordained and established that the free elections of Archbishops Bishops and all other dignities and benefices elective in England should hould from thenceforth in the manner as they were granted by the Kings progenitors and founded by the ancestors of other Lords And in divers other statutes made by King Edward the third it is said that our soveraigne Lord the King by the assent of the great men and all the Commons hath ordained remedie c. That it was accorded by our Soveraigne Lord the King the great men and all the commons 36 Ed. 3. c. 6 8 Ed. 3. 3. statute of provisours
extraordinary alterations it is not only requisite to abolish all bad opinions out of the mindes of those that know not the drift of the enterprisers but it is also necessary that the defence of such alterations be made forcible against the opposition of all gainesayers we will descend to the particulars and joyne issue with the Admonitor And upon all allegations exceptions witnesses and records to bee made sworne examined and produced out of the holy Scriptures and Lawes of the Land already setled on the behalfe of our cause before our Soveraigne Lord the King his Nobles and Commons in Parliament we shall submit our selves and our cause to the Kings Royall and most Christian judgement In the meane time we averre that not only the former clause of this admonitory bill but that all other clauses following in the same bill for the invaliditie insufficiency indignitie and nullitie of them are to bee throwne out and dismissed from the Kings Court especially for that the particulars opened by the Admonitor can not serve for any reasonable warning to induce the common people to rely themselves upon his I am of opinion to the which we plead at barre as followeth ADMONITION First saith he the whole State of the Lawes of the Realme will be Page 77 altered For the Canon Law must bâ— utterly taken away with all Offices to the same belonging which to supply with other Lawes and functions without many inconveniences would bee very hard the use and studie of the civill Law will bee utterly overthrowne ASSERTION When by a common acceptance and use of speech these words whole State of the Lawes of the Realme are understood of the Common and statute lawes of the Realme that is to say of the Kings temporall Canon and civill Lawes no part of the Laws of the Realme but only by sufferance lawes and not of Canon or Civill lawes it cannot follow that the whole state of the Lawes of the Realme should be altered though the Canon and Civill Lawes with all offices to the same belonging should be utterly taken away and be wholly overthrown For no more could the Admonitor prove the Canon or Civill Law at any time heretofore to have beene any part of the Lawes of this Realme otherwise than only by ` a 25. H. 8. C. 21. in the preamble sufferance of our Kings acceptance long use and custome of our people than can any man prove a parsley-bed a rosemary-twigge or an ivie-branch to be any part of the scite of the Castle of Farnham And therefore he might aswell have concluded thus the whole scite of the Castle of Farnham will be transposed for the Boxetrees the Heythorne Arbours and the Quick-set hedges planted within the Castle-garden must bee removed and cast away which were but a proofe provelesse and a reason reasonlesse If then by the abrogation of the Canon or Civill Law scarce any one part of the lawes of this Realme should be changed what reason have we to thinke that the whole state of the lawes of the Realme must be altered Besides to conclude the whole by an argument drawne ab enumeratione partium and yet not to number the tenth part of such parts as were to bee numbred is I am sure neither good logick nor good law Moreover if all the Canon-law I mean all the Papall and forraigne Canon Law devised and ordeined at Rome or elsewhere without the Realm and consequently all the Offices and functions to the same belonging bee already utterly taken away what hope of reward can Civilians expect from the use of such things as are within the compasse of that law or of what efficacy is this argument to prove an alteration of any part of the lawes of this Realme or that the studie of the Civill Law should be utterly overthrowne For the whole state of the Lawes properly called the Lawes of the Realme hath stood and continued many years since the same Papall and Canon Law was abolished An imbasement for civilians to have preferment by offices of the Canon law The Canon law be abolished out of the realme and ought not to be used And as touching the Civilians for them to seeke after preferments by Offices and functions of the Canon Law is an embasement of their honourable profession especially since farre greater rewards might very easily bee provided for them if once they would put to their helping hands for the only establishment and practice of the Civill Law in the principall causes now handled by them in the Courts called Ecclesiasticall But how may it be proved that the Papall and forraign Canon law is already taken away and ought not to bee used in England For my part I heartily wish that some learned men in the Common Law would vouchsafe to shew unto the King and Parliament their cleare knowledge in this point In the meane season I shall not be negligent to gather and set downe what in mine understanding the Statute-Law hath determined thereof By the statute of submission 25. Hen. 8. revived 1 Eliz. as the very words and letter of the petition and submission of the Clergy of the body of the law and of the provisoes doe import the very true meaning and intent of the King and Parliament is evident and apparent to be thus as followeth and none other viz. That such Canons Constitutions and Ordinances Synodall or Provinciall which before that time were devised and ordained or which from thence orth should bee devised or ordained by the Clergie of the Realme being not contrariant or repugnant c. should only and alonely be authorised and to be put in ure and execution And consequently that all Canons Constitutions and Ordinances Papall and made by forraigne power without the Realm should wholly and utterly be abrogated adnulled abolished and made of no value The words touching the petition and submission mentioned in that Statute in substance are these Where the Kings humble and obedient subjects the Clergie c. have submitted themselves and promised in verbo Sacerdotii that they will never from henceforth presume No Canons provinciall or other to bee put in ure therefore no papall canons in force to attempt alledge claime or put in ure any Canons Constitutions Ordinances provinciall or other or enact promulge or execute any new Canons c. And where also divers Constitutions Ordinances and Canons Provinciall or Synodall which heretofore have beene enacted and be thought not only to bee much prejudiciall to the Kings prerogative Royall c. the Clergie hath most humbly besought Canons provinciall heretofore enacted being prejudiciall are to be abrogated the Kings Highnesse that the said Constitutions and Canons may be committed to the examination and judgement of his Highnesse and of two and thirty persons of his subjects c. and that such of the said Canons and Constitutions as shall bee thought and determined by the said 32. persons or the more part of them worthy to be abrogated
have it further enacted That all manner of fees heretofore lawfull or hereafter by the King and Parliament to be made lawfull for or concerning the probat of Wills administration of the goods of the intestat letters of tuition receiving or making of accompts inductions to Archbishoprickes Bishoprickes Deanries Parochiall-Churches or other spirituall promotions and all other fees whatsoever heretofore lawfull or hereafter to be made lawfull for any travaile or paine to bee taken in or about the expedition or execution of any of these causes shall for ever hereafter be fees and allowances appropriated to the Judges and principall Registers of the said Courts equally to bee devided betweene them as heretofore hath beene accustomed and that the said Judges and Ministers within their severall charges shall be Collectors of the Kings tenths and subsidies granted and due by the Clergie taking for their travaile and paine in and about the same collection such fees as heretofore have beene accustomed Provided alwayes that none of the said civill and temporall Officers and Ministers nor any of them for any offence contempt or abuse to be committed by any person or persons in any wise incident to any of the said Courts and Consistories suspend excommunicate or interdict any person or persons but shall and lawfully may by authority of this present Act proceed against every offender and offenders by such ordinarie processe out of the said Register or Notaries office as is used upon a sub-paena out of the high Court of Chancerie and there upon default or contempt to proceed to attachment proclamation of rebellion and imprisonment of the partie offending as in the said high Court of Chancery is used Provided also that all appeales hereafter to bee made from all and every Court and Courts in the Shires and Diocesses of the Countrey shall bee made to the higher Courts as heretofore hath beene accustomed only with an alteration and addition of the names stiles and dignities of Archbishops Bishops and other Ordinaries unto the name stile and dignitie of our Soveraigne Lord the King his heires and successors And that upon the appeales so to be made it shall and may be lawfull for the Judges and Ministers of Justice of and in the said higher Courts to make out all manner of processe and processes and to do and execute all and every act and acts thing and things for the furtherance of Justice in the causes aforesaid as to them shalby the law seem equal right meet and convenient any law statute priviledg dispensation prescription use or custom heretofore to the contrarie in any wise notwithstanding Provided also that all and everie such Judge and Minister that shall execute any thing by vertue of this act shall from time to time obey the Kings writ and writs of prohibition of attachment upon prohibition and indicavit and not to proceed contrary to the tenour of such writ or writs in such and the same manner and form and condition as they have or ought to have done be ore the making of this act any thing in this act to the contrary notwithstanding Provided also that this act or any thing therein contained shall not extend or be interpreted to give any authoritie to the said Judges and Officers or any of them to put in execution any civill or Ecclesiasticall law repugnant or contrariant to the lawes statutes or customes of the Realme or hurtfull to the Kings Prerogative Royall And thus it may seeme to be but a small labour a little cost and an easie matter for the King his Nobles and Wisemen of the Realme to devise formes of judgement and manner of processe and proceedings without any offices or functions of the Canon law whereby the use and studie of the Civill Law and the reward and maintenance for Civilians might be furthered and increased and not utterly overthrown and taken away as the Admonitor uncivily beareth us in hand As for the alteration of the censure of excommunication for contumacy mentioned in this project we have the consent of the reverend Bishops in this admonition that the same may be altered For the Admonitor their Prolocutor speaketh on this wise viz. As for the excommunication Pag. 138. Excommunication for contumacie by the Admonitors judgement may be taken away without offence and with the good liking of the Bishops practised in our Ecclesiasticall Courts for contumacie in not appearing or not satisfying the judgement of the Court if it had pleased the Prince c. to have altered the same at the beginning and set some other order of processe in place thereof I am perswaded saith he that the Bishops and Clergie of the Realme would have beene very well contented therewith And speaking of a certain manner of civill discomoning used in the Church of Tigure he further addeth viz. Which or the like good order devised by some godly persons if it might be by authoritie placed in this Church c. I think it would be gladly received to shun the offence that is taken at the other ADMONITION And matters of Tythes Testaments and Matrimonie matters also of adulterie slander c. are in these mens judgements meere temporall c. therfore to be dealt in by the temporall Magistrate only which as yet have either none at all or very few laws touching those things therefore the common law of the Realme must by that occasion receive also a very great alteration For it will be no small matter to apply these things to the temporall law and to appoint Courts Officers and manner of processe and proceedings in judgement for the same ASSERTION Indeed we hold that all these matters wherof mention is here made Matters of tythes and other causes of like nature pertain to civill justice and all others of the like nature are merely civill and temporall and by the temporall Magistrate alone to be dealt in and to bee discussed if we consider the administration of externall and civil justice And this we thinke will be granted of all and not to be denyed of any unlesse they be too too popishly addicted In regard whereof we have drawn as before is mentioned a project how Courts and manner of processe and proceedings in judgement by Doctors of the Civill Law may be appointed by the King and his high Court of Parliament without that that the common Law of the Realme by the occasion of any such courts offices or manner of processe and proceedings must receive any alteration at all much lesse a very great alteration Howbeit if it should not please the King and that the Civilians could not finde favour in his sight by courts offices and manner of processe and proceedings in judgement before specified or by the like to have the studie of the civill Law advanced yet we thinke it convenient once again How matters of tyths c. may be dealt in by â—he Kings Iudges to be examined how these matters may be dealt in according to the rules and grounds
was common and did continue in the old Churches Besides this inconvenience saith he caused Princes and Bishops so much to intermeddle in this matter Frow whence it necessarily againe followeth that by the holy Scriptures and law of God Princes and Bishops did not entermeddle with that matter atal For had it been simply lawfull for them to have dealt in those causes by the word of God then aswell before schisme discord and dissention as afterward yea rather much more before than afterward For then by their owne right might Princes and Bishops have prevented Bishops nâ—eddle not with election of Pastors by the holy Scriptures all occasion of schism and contention and have so preserved the Church that no tumult or disorder should once have beene raised or begun therein Againe if by the law of God Princes and Bishops had medled in these matters and had not intermedled by humane device then lawfully by their authoritie alone might they have chosen Pastors Elders and Deacons in the old Churches which thing in this place by necessary inference he denieth For schisme saith he caused them to intermeddle So as by his confession they were but intermedlers and entercommoners by reason of schisme and not commoners and medlers by vertue of Gods word And yet now a dayes our reverend Bishops in this case are no more intercommoners with Princes and with the people they ate no more entermedlers as in old times they were but they have now so far incroached upon the prerogatives of the prince and privileges of the people that neither prince nor people have any commons in the election of Pastors Elders and Deacons with them at all Besides if schism and contention among the people Bishops â—n croach upon the â—ighâ— oâ— pâ—â—â—ce and people were the reason why Bishops first entermedled in the choice of Pastours we now having no schisme nor contention about the choice of Pastours by the people and so the cause of ceasing why should not the effect likewise cease But this effect is therefore still to bee continued because otherwise the cause would a new sprout out and spring up againe Nay rather inasmuch as for these many yeares we have had schism discord and dissention because the bishops wholly and altogether have medled in the choise of pastours and have thrust upon the people whatsoever pastours please not the people but pleased themselves and have not suffered the people to meddle no not so much as once to intermeddle in these matters in as much I say as these things be so it seemeth most expedient requisite and necessary for the appeasing and pacifying of this discord and the taking away of this schism to have the manner of election which was in the old Churches restored to the people and this wherein the bishops have intermedled without authoritie from the word to be abolished that so againe the cause of scbism and strife which is now among us ceasing the effect might likewise cease After I had ended this tract in this manner touching this point there came into mine hands a booke intituled The perpetuall government of Christs Church written by Thomas Bilson Warden of Winchester Colledge in the fifteenth chapter of which booke is handled this question viz. to whom the election of Bishops and Presbyters doth rightly belong and whetherby Gods law the people must elect their pastours or no. In which chapter also the matter of schism strife and contention is handled The finall scope and conclusion whereof is as the proposition importeth twofold First concerning Bishops then concerning Pastours The quarrell taken against Bishops doth not so much touch saith hee the office and functions of Bishops as it doth the Princes prerogative When you rather thinke the Prince may not name her Bishops without the consent and election of the people you impugne not us but directly call the Princes fact and her lawes in question As touching this point of the proposition because the people by any law or custome never challenged any right or interest in the choise of the Kings bishops wee have nothing The King only hath power without the people to nominate his Kingly Bb. to meddle or to make about the choise of any of the Kings Bishops Nay we confesse as his highnesse progenitors Kings of England have beene the Soveraigne Donours Founders Lords and Avowes of all the Bishopricks in England without aid of the people that so likewise it is a right and interest invested into his Imperiall crowne that he only his heires and successors without consent of the people ought to have the free nomination appointment collation investiture confirmation of all the Bishops from time to time to be planted in any of those Bishoprickes yea and wee say further that the King alone hath not power onely to nominate collate and confirm but also to translate yea and if it please him to depose all his Kingly Bishops without any consent of his people at all For say we ejus est destruere cujus est construere ejus est tollere cujus est condere Neither will we dislike but rather content our selves that our late Queens Bishops if they shall finde favour in the Kings eyes should be also the Kings Bishops conditionally they submit themselves to the lawes and prerogatives of the Kings Crowne content themselves with the only name of Kingly and Princely Bishops and not challenge any more unto themselves the sole titles of Godly and Christian Bishops as though without injurie to the law of â—od and Gospell of our Saviour Christ they could not bee dispossessed of their Lordly Bishopricks And therefore our most humble prayer to the King is that his Majestie would bee pleased that such his Kingly Bishops may not henceforth over crow and justle out Gods Bishops nor have any primacie over Gods Bishops And withall that the King himselfe would vouchsafe to hearken to the doctrine of such as are indeed Gods Bishops rather than to the Counsell of those who lately were the Queenes bishops As touching the second part viz. whether the people by Gods M. Bilson confirmeth the peoples election of their pastor p. 339. law must elect their Pastours or no Master Bilson by reasons and proofes brought for the first use of it rather confirmeth than impugneth the same For saith hee Well may the peoples interest stand upon the grounds of reason and nature and bee derived from the rules of Christian equitie and societie That each Church and people stand free by Gods law to admit maintaine or obey no maâ— as their Pastour without their liking unlesse by law custome or consent they have restrained themselves Then the people had as much right to choose their 360 Pastour as the Clergie that had more skill to judge that the Apostles left elections indifferent to the people and Clergie at Jerusalem That the Apostles in the Acts when they willed the Church at Jerusalem to choose the seven did not make any remembrance or
of all the Recorders in all other Cities and Boroughs of the land I doubt not but he shall finde them all to have been farre from any least shew of ambitious working the Citizens and townsmen to nominate and elect them Moreover as these noble Persons these sage grave learned and christian Gentlemen quietly and in all peacable maner with upright and good affection and judgement and without ambition have beene chosen by the Citizens Townes-men and Boroughmasters to the office 〈◊〉 â—ecorderships So likewise many and sundry honourable Counsellorâ— have beene and as occasion is Honorable Counselors chosen high stewards without ambitious working ministred are daily elected by Citizens and Townesmen to be their high Stewards Sir Francis Knolles an honourable counsellor and one whose faith was famous among the Churches as well abroad as at home by the election of the citizens of Oxford remained untill he died high Steward of the Citie of Oxford The right honourable Sir Francis Walsingham by the common counsell of Ipswich was made high Steward of the same towne after whose decease the same common counsell by their election surrogated into the same place the right honourable the L. Hunsdon late L. Chamberlain The right honourable S. Christopher Hatton L. Chancelor of England by the townsmen of Cambridge was chosen to be high steward for the town of Camb. The right Ho. the old F. of Arundel and after him the right Ho. E. of Lincoln and after his death the right honourable the L. high Admirall of England now E. of Notingham by the boâ—oughmasters of the town of Gildford was elected to be high steward of the towne of Gildford Of all which honourable persons and of all other their Peeres chosen in other places of the Kingdome by the same meanes to the like offices there is great reason and just cause for the reverend Bishops to carry a more reverend estimation towards them than to burden them as ambitious persons to have sought their places at the hands of men affected and wanting right judgement As for any other offices of credit dignitie charge and government in the common weal now remaining in the choise of the commons it may easily be proved that the common people in sundry places have bent and opposed themselves against ambitious persons who by sinister and indirect meanes have hunted for preferment at their hands And what if it cannot be gain-said but that some publike officers chosen by publike applause of the people have corruptly behaved themselves in their charges and have not so equally and indifferently distributed justice to all degrees as it became them yet this their misdemeanour can no more justly be laid as a fault nor any more disgrace or discountenance the ancient and commendable forme and manner of election than the hypocrisie or counterfeit zeale of an evill man ordained by the bishop to be a Minister can be imputed unto his letters of orders or manner of ordination Besides if none be able Knights of the shires â—â— other officers chosen by the people without trouble to the state to prove that the choise of the Knights of our Shires Coroners of the Counties Verderers of the kings forests resting in the free voices and consents of the freeholders that the nomination of the high Constables being in the disposition of the Justices of peace at their quarter sessions that the choise of our peti-Constables third Boroughs Tythingmen Churchwardens wardens for the highwayes overseers for the poore side men and such like remaining altogether in the free elections of the suitors to courts Leets and lawdayes and of the inhabitants and Parishioners of every Village Hamlet or Tything have beene troublesome to the Lievtenants of the Shires to the Stewards of our Courts to the Lords of our liberties nor to the ordinaries of the Diocesses If I say there be not any one man able to bring forth some few persons for many yeares passed by whome the Officers and Magistrates of the Queens peace have been sued unto and importuned for the pacification of any strife contention or debate of any busie head or ambitious person raised among the people about the choise of any one of these Oficers then I say it is meet and it importeth the Lords Bishops very deeply that for ever hereafter they be silent and never any more utter so Pag. 8. vile a slander against so noble a people as are the people of England viz. that upon affection and want of right judgement they will easily be led by ambitious persons to preferre unworthy persons unâ—o all Offices of gaine or dignitie Or that this Nation of England upon light causes is more enclined to broyle and trouble than any other And to speake the truth as daily experience teacheth us what No feare of trouble about the choice of an ecclesiasticall Officer seare of trouble is there likely any way to ensue by reason of dissention and ambition among the people in the choise of an ecclesiasticall Officer when most of the people shall rather shun and eschew than long or desire to beare any ecclesiasticall office The common people among whom I dwell use oftentimes many delayes yea they procure what favour and friendship they can not to be appointed to any the inferiour Offices before specified And why doe they so but becauâ—e those offices be full of bodily care and trouble And is there then any Christian knowing how the whole soule mind and spirit of a man is altogether to be imployed in the discharge of a spirituall function that will dissentiously and ambitiously seeke to be chosen an Elder The admonitor telleth us that men by experience know that many parishes upon some private respect doe send their letters of earnest pag. 79 commendation for very unfit and unable persons insinuating thereby what an inconvenience might follow if Parishes had the whole direction and order to sound out who were fit and able persons But as this fancie was never yet by any of sound judgement on our behalfe so much as once thought much lesse insisted upon so may it please the reverend Bishops to be advertised that the meanest and simpliest parishioner among a thousand can quickly retort this reason against their Lo. viz. that no parishes by letters of commendation can commend unso any bishop any person as an able and fit man unto any particular parish or speciall charge unlesse the same or some other bishop have formerly ordained him and approved him to bee a fit and able person for every place And how then were it possible if the choice of having one to be their pastor were wholly in the hands of a parish that the same parish could choose any worse men any more ignorant and unlearned men than their Lords have commended unto us For have they not chosen sent and commended such unto us as know not a bee from a batle doore as uneth know to Ministers sent unto the people which know not a be from
a battle doors read English and as know not the Lords prayer from the articles of faith Of which sort of Ministers the Parson of Haskam now living a Chaplaine in Winton-diocesse may be produced for a witnesse omni exceptione major For thus much is to be proved from the report of a good and religious Knight dwelling within that diocesse that upon a time in the presence and at the instant request of the said Knight when a Protestant bishop of the same diocesse deceased had demanded of the new Parson of Haskam which was the first Petition of the Lords prayer the said Parson after hee had a prety space paused The parson of Haskams answer to the Bishop of Winchester and gased towards heaven at length made this answer viz. I believe in God the Father Almighty at which answer the Knight merily smileing I told you my Lord quoth the Knight what a profound Clerke your Lordship should finde this fellow Well how unclerkely and how unprofoundly soever this Clerke then answered and albeit at that present he could not obtaine the institution which he came for to that benefice for the good Bishop hated such grosse ignorance yet this Clerke afterwards by the corruption of the sâ—me Bishops Chancellour was instituted into the same benefice and to this day possesseth it quietly though he can hardly read English to the understanding of his people I could have enformed him also of many other such Clerks resiant and beneficed in that Diocesse and namely of the Vicar of W. who upon an holy day instead of preaching the word which he could not or in reading of Homilies Fables read in the Church which he would not to terrifie his Parishioners with the judgements of God and to move them unto repentance solemnly read and published a counterfeit fable out of a little Pamphlet intitulâ—d Strange newes out of Calabria pretended to bee prognosticated by M. Iohn Doleta Of these and of a number of such able and skilfull Clerks and Chaplains my Lords of the Clergie may be enformed â—f the people had choise of their pastors they would provide better than the bishops send them And therefore on the behoof and in the defence of the common people of England I am to testifie and to protest unto their Lordships that by the mercifulnesse and goodnesse of our God we are not yet become so ignorant rude and barbarous as that we would admit such manner of Clerkes and Chaplaines to have the cure of our soules in case it laid in our power to choose and refuse our owne Pastours No no our soules and the soules of our wives children and families should be more dear and more precious in our eyes than that carelesly we would hazzard all our birthrights upon the skill and abilitie of such a messe of hirelings and idoll shepheards And surely me thinkes it standeth greatly with the charitie of our Lord Bishops to conceive Though the common people bee not able to discerne of pastors yet the Nobles are able the Commons to have so much naturall understanding as not to choose a cobler when they want a carpenter nor to retaine a loyterer in lieu of a labourer nor to hire a sleeper in stead of a watchman But alas be it that the poore Commons of England were thus wretched and thus bewitched yea be it that they were thus desperate and besides themselves should therefore the Nobles and Peeres of the Realm be as prophane as impious and as heathenish as they Are the great men also unworthy unable and unfit to discerne between night and day betweene light and darknesse Can they also put no difference betweene good and evill betweene a blind guide and him that hath his eye-sight or have they no better stomach than to cast up Mithridate and to digest hemlocke will they also chuse them Captaines from among Corvisers and will they call shepheards from among swineheards or will they take them pastours from among pedlers or will my Lords of the clergie charge them to bee those ambitious persons to work the Commons for their private respect to the choise of unworthy men or will they being themselvs under his Majestie the worthies of the land and chiefe guides and leaders of men in peace and in war upon earth chuse the scumm the refuse and the baggage of the land to guide their owne soules to hell For to heaven by the labour and industrie of such idoll ministers as whose lips preserve no knowledge they can never bee brought A great part of the common people saith hee are backwardly affected towards the truth of Religion from which backwardnesse The common people accused to bee backwardly affected to religion he draweth an argument against the allowance of the pastors by the people But alas is there any marvail that the common people for the most part be backwardly affected For how is it possible that they should step one foot forward when either their guides stand still or goe not at all or at least run fromward or can The backwardnesse of the people proceedeth from the backwardnesse of their guides the common people become good schollers in the schoole of Christ and learne to know the truth of his religion when their Masters and Tutors whom my Lords of the Clergie have begotten provided and thrust upon them be unlearned and irreligious dullards What Can truth spring from errour or can light arise out of darknesse Doe men pluck or pull corne from a dead stalke or a full eare from a dead root Can a Vintener draw wine out of an emptie Casque or doth a Baker poure meale out of a bottomlesse bag If then the common people be foolish and ignorant if they doe erre and bee irreligious they may justly challenge the Lords spirituall of unkindnesse and want of love not because they have sent Embassadors unto them as the Gibeonites sent unto Iosua with old sackes and old bottels with old shooes and old rayment with provision of bread dried and mouled but because they have sent them such ambassadors as have had no sackes no bottels no shooes no raiment yea and no manner of bread at all All which notwithstanding the Admonitor by the backwardnesse of the people laboureth mightily to acquit the Lord Bishops laying to the peoples charge that this fault hath not happened for want of teaching by the Ministers but for want or profiting by the people The Scripture saith he in no place teacheth us that the offences and faultes of the Ministers are alwayes the only cauâ—e why the word of God doth not take place in mens hearts It is commonly and almost always imputed to the way wardnesse unthankfulnesse and obstinacie of the people that heare it But alas who ever fancied that the faults of the Ministers of God were the only cause why the word of God preached by them did not enter into the hearts of men Where the Minister sincerely preacheth the word of God if there the
spirit of one Prophet But in this platforme there is no mention made of the King if hee be patrone neither is there any institution spoken of and then how can any action of quare impedit be brought to try the right if two Patrons pretend title to the Patronage bâ—sides the Patron by this platforme must fetch his Clerks only from the Universities Schooles of learning and Nurseries of the Ministerie whereas now hee hath libertie to present any Clerke wheresoever or howsoever ordained Againe strife and contention may arise in the Presbyter between the Bishops and the Ministers themselves appointed to be examiners and ordainers which of the two Clerks nominated by the Patron is most worthy to be preferred If both the Patrons Clerks for non-abilities or criminousnes be refused who shal then nominate and to whom shall the election devolve And lastly what if the B. Presbyter shall disallow one for unabilite which indeed is notwithstanding of abilitie to teach to all these difficulties thus we answer If the Kings Majestie be Patrone to any benefice with cure of soules because we judge and confesse him to be a King endowed Touching the Kings patronage with a rare and singular spirit of zeal for the glory of our God with an excellent spirit of love for the salvation oâ— the soules of his subjects to be the Nehemiah of our age sent unto us from above for the building of the walls reedifying of the ports of the House of God which were broken down devoured we for our parts doubt nothing at all nay rather we most certainly perswade our selves his Highnesse having once beene pleaseâ— to prescribe all wholesome and commendable Lawes unto his peopâ—e will also vouchsâ—fâ— much more to prescribe lawes yea and to be a Law uâ—to himselfe And that his Majestie will set this businesse of the Lords house so neare unto his Kingly and Christian heart by the planting of able Ministers in H. de ley fidei 3 l. ex imperfecto all the Churches of his Highnes Patronage a that all other Patrons by his godly example will be excited reaâ—â—ily to walke in the Kings path to weare the Kings colours and to become the Kiâ—gs chief favourers in this so holy a worke And therefore touching the Kings Patronages cum Magistas imperatoria lâ—gibu essesâ—luta videatur we commend them wholly to the Kings most Christian care providence and fiâ—elitie The Bishops institution and writ of Quare impedit wee grant The Bb. institution may cease must cease but in place of institution the election and ordination by the Presbiterie succeedeth and the Clerke nominated by the Patron elected and ordained by the Presbyterie shall have idem jus ad Ecclesiam in Ecclesia which in former times the Clerk presented by the Patron and instituted by the bishop was wont to have If any suit in law happen for the right of Patronage between two or moe Patrons pretending title to the gift of one benefice It seemeth If suit fall out between two patrons what then may bee done that this gift might have far easier and more speedy way of triall by some other writ than â—y the writ of quare impedit for upon this writ many times by negligence or unskilfulnesse of the Atturnies it falleth out that one of the parties is driven sometimes to sit down by great losse and not to have his title tryed at all only for wanâ— of some ceremoniall form noâ— observed in the pleadings of the cause And therefore both Patrons within the time to be limited by the kings writ having nominated their Clerks to the Presbytere as hertofore they presented to the B. we leave it to be considered whether it were not meet and convenient that the Presbyterie should wholly defend â—he election and ordination of either their Clerks untill the right of patronage were finally adjuâ—geâ— before the K. Justices at the common Law upon which judgement passed they might then without scruple or impediment proceed to the full election ordination of that patrons Clerk for whom the judgment was given By which manner of tryall if the action might bee brought in the name of patron against patron the Clerkes should not only bee freed from much obloquie whereunto they are now subject by prosecution of suits at law one Clerke against another but also they should be exempted from all expence labour and turmoile with which heretofore they have incumbred themselves to the hinderance of their studies and decay of their estates by pursuing the Patrons title at their owne charge Neither might the occasion of suit about the right of patronage be any let or hinderance that the Church in the meane time should be left as a Widow destitute of an husband For any one of the Clerkes nominated by either of the patrons might be appointed by the presbyterie to preach the Word and publikely to pray untill the controversie were ended And out of the fruits also of the same Church remaining in the custodie of one of the patrons or sequestred by the king to the use of the next incumbent he might have such allowance as were requisite for the time of his continuance in that place And for the Sacraments if any were of necessitie to bee administred some other Minister neare adjoyning might be provided to administer the same as in many places it hath been and is now daily used in like cases of vacancie That the Patron should be curbed with too hard a bridle as being barred to fetch his Clerks from any other place than from the The curbing of a patron with too hard a bridle answered Vniversities or other Schools and nurceries of learning is a matter if it be well weighed of lesse importance than the Admonitor would insinuate the same to be First it is not of necessitie required that all patrons should at all times fetch all their Clerkes from those places and not from elsewhere For many times it may happen upon just cause for the benefit of the Church that a Clerk already ordained and placed in one Church may be removed from the same to another But only the meaning is according to the Lawes and canons alreadie setled that the greatest part of the patrons Clerks must of necessitie be called thence because they can not elsewhere be had Now then whereas the law intendeth every Church to be a wife and to have an husband to be a bodie and to have an head the law as a parent unto the Church hath provided untill she be widow indeed that no husband be provided for her And therefore by sundry â—â— de prebend c. tuis l. 6. de prebend fi Episcopus as well ancient Decrees as by Canons of Discipline made and published by the Bishops 1571. it is decreed and confirmed That the Bishop shall lay his hands on none or at any other time but when it shall chance some place of ministration is voide in the same Dioces
the Realm of Ireland of the K. highnesse most honourable privie Councell chosen by him for the assistance of his Royal person in matters appertaining to his Kingly estate and lastly of the supreme and grand Councell of the three estates in Parliament for matters concerning the Church the King and the common weale For whether respect be had unto the secret affaires of the Kings estate consulted upon in his Highnesse Councell Chamber by his privie Councellers or whether we regard the publike tractation of matters in Parliament there can be no man so simple as not to know both these privie and open negotiations to be carried by most voices of those persons who by the K. are called to those honourable assemblies And what a vaine jangling then doth the Admonitor keepe and how idely and wranglingly doth he dispute when against the government of the Church by Pastours and Elders hee objecteth that the same will interrupt the lawes of the Realme that it will bee great occasion of partiall and affectionate dealing that some will incline to one part and that the residue will be wrought to favour the other and that thereby it will be a matter of strife discord schisme and heresies Howbeit if never any of these extremities and dangers have fallen out in the common weale by any partiall ot affectionate dealing of the Kings Deputies Presidents Judges Justicers and other Officers and Ministers associated unto them for the administration of Justice or equitie in any of the Kings civill Courts how much lesse cause have we to feare any partialitie affection working inclination favour strife debate schismaticall or hereticall opinions if once Pastours and Elders in every Congregation and not throughout a Diocesse one Bishop alone had the spirituall administration of the Church cause Can many temporall Officers Justicers and Judges rightly and indifferently administer the Law and execute jâ—stice and judgement without that that some doe incline to one part and without that the residue be wrought to favour the other part And cannot spirituall Officers dispatch spirituall affaires without that that they be partially and affectionally disposed What is it so easie a matter that the Ancients of God and the Ministers of Christ can the one part incline to righteousnesse and the residue be wrought to favour wickednesse can some incline to God and unto Christ and can other some be wrought to follow Satan and Antichrist For what other controversie is requâ—red to be decided by Pastours and Elders than the controversie of sin between the soule of man and his God And is there any Christian Pastour or Elder that will be wrought rather to favour the sinne of a mortall man than the glory of his immortall God But to leave the state of the kingdome and common weale and the good usages and customes of the same let us come to the state of the Church it selfe and to the lawfull government thereof established even amongst us at this The government of the Church ought not to be by one alone day For whatsoever our Reverend Bishops practise to the contrary yet-touching ordination and deposition of Ministers touching excommunication and absolution touching the order and rule of Colleges Cathedral Churches and the Vniversities the Ecclesiastical law doth not commit the administration of these things and regiment of these places to any one person alone The Vniversities admit not the government of the Chancellour being present nor of his Vicechancellour The government in the Vniversities not by one alone The government in Colledges not by one alone himselfe being absent as of one alone the Doctors Procurators Regents and non-Regents have all voices and by most oâ— their voices the Vniversitie causes take successe The businesses of Colledges by the statutes of their founders are commended to the industrie and fidelitie of the President Viceprovost and Fellowes unto the Provost and Viceprovost and Fellowes unto the Warden Sub-warden and fellowes unto the Master and fellowes and unto such like Officers and fellowes The Cathedrall The government of Cathedrall Churches not by one alone Churches their livings and their lands their revenues and their dividents their Chapiters and their coâ—ferences depend upon the will and disposition of the Deane and Chapiter and not of the Bishop alone Neither can the Bishop alone by any ancient canon law pretended to be in force place or displace excommunicate or absolve any Ecclesiasticall person without the judgement of the Chapiter Ex de exces Prela c. 2. Exc. de hiis quaes cons cap c novit And aswell by a statute 21. H. 8. c. 13. as also by the booke of consecrating Archbishops c. the presence of divers Ministers and the people is required at the ordiâ—ation of every Minister As for the deposition or degradation of Ministers under the correction of the reverend Whether the degradation of a Minister be warrantable Monsieur de â— Iesis 164. in the 2 book of the Masse Bb. be it spoken I think they have not so much as any colour of any law for it The form of the degradation of a popish and sacrificing Priest by the Canon law can be no pretext to degrade a Minister of the Gospell because a Minister of the Gospell is not set into his charge per calicem patinam with a cup full of wine and dish full of hostes neither receiveth hee any character at all of a shaveling priest And because a Minister of the Gospell is ordained only after that manner which the statute law hath appointed how should the ordination made by so high an authoritie be undone by any other power unto the former manners of the administration of the causes of the Vniversities Colledges and Cathedrall Churches may be added the execution of Ecclesiasticall jurisdiction committed The ecclesiasticall Commission exercised by many commissioners and not by one heretofore by the Queen unto the Ecclesiastical Commissioners For althought by the words of the statute her Highnesse had full power and authoritie by her letters patents to assign name and authorize any one person a naturall borne subject to execute spiâ—ituall jurisdiction yet neverthelesse according to the laudable usages and customes of her Kingdome and courts temporall she evermore authorised not one alone but divers and sundry aswell temporall as Ecclesiasticall persons for the execution thereof Which manner of The ecclesiasticall commission commanded by the Bishops if it please the King may be enlarged unto all parishes wherin are godly preaching Ministers commission because the reverend Bb. commend the same and avow that it would do more good if it were more common it cannot but seem to be a most gratefull thing unto all good men especially unto those reverend Fathers if humbly wee beseech the king that his highnesse would be pleased to make it more common And therfore in the behalfe aswell of the reverend Bb. as of all the learned and grave Doctors and Pastours of every Church we most instantly
that it is an errour by their leave in the Church of Saxony not to have Arch. and Bb. in name if so be they hold it lawfull to have Archb. and Bishops in office For what should a necessary officer doe without a convenient name And touching the Church of Tigure it is not materiall what the same Church doth thinke not tolerable or doth more mislike but what she ought not to mislike or what it ought not to think tolerable And then what a poore proofe is there here made trow we for the confirmation of the corruptions in the Church of England by producing of two witnesses two errours in the Church of Tygure For not to like a Senate of Elders and more to mislike excommunication is more and more to slide out of the right way And sithence we have the whole Christian Kingdome of Scotland the most famous and renowned Church of Geneva and sundry Churches by his confession in other places to be lights unto us and to agree with us in a government not much unlike to that which we desire wee have not onely great cause to rejoyce in this our desires but also to be much comforted and encouraged by these examples by all holy meanes to labour the full accomplishment thereof For by this testimony and by these instances given and produced by himselfe the Admonitor hath quite and cleane weakened and disabled his owne generall position opinion and thoughts of the unnecessaries and inconvenientnesse of having the Apostolicall and Primitive government in the time of Peace under a Christian Magistrate For hath not the free Kingdome of Scotland the free Citie of Geneva and other Soveraigne and free Princes Potentates and powers not being under Tyrants and persecution received the same as being the best the fittest the convenientest and most necessary government yea even in the time of peace and under their Christian Magistracy for the state of their Countrye and disposition of their people And as touching rites and ceremonies we affirme not that every rite ceremony or circumstance to be used in the externall execution of Church governement is precisely set downe in the holy Scriptures but touching the substance of government thus we say and thus we hold viz. that the Officers and Governours appointed by our Saviour Christ to be over the Churches in every Countrey observing the generall rules of decency comelinesse and edification have liberty with the consent of their Christian King or other supreame Magistrate to choose what rites and ceremonies they in wisdome and godlinesse shall thinke most convenient And therefore we grant that the officers of Christ in the use and dispensation of their functions are no more exactly tyed by any direct commandement in the holy Scriptures to use at all times and in all places one only manner of rites and ceremonies than were the Priests of the Law to use all one manner of knives to kill their sacrifices or the siâ—gers to sing all songs after one manner of tune or upon one kind of instrument or then are Kings and Princes in all Countries commanded to use all kind of circumstances in the outward execution of civill justice in their Common-Weales As then as it was lawfull for the Priests to have knives and trumpets of diverse fashions and for the Levites to have their Musicall instruments of diverse formes Nay as sundry Justices of Peace in sundry Shires of the Kingdome are not bound to keep their quarter Sessions all in one day to begin and to breake their Sessions at one instant to stand to sit and to walke whensoever they speake to weare all one fashion hats caps cloakes or gownes and such like so likewise is it with the Bishops Pastors and Elders of the Church In the ministration of Baptisme there is no direct commandement that the vessell to hold the water for the Childes Baptisme should bee of stone of pewter of brasse or of silver whether the Minister should descend to the lower end or the child ascend to the upper end of the Church Whether the child should have a great handfull or a little sponefull of water powred upon his head In the celebration of the Lords Supper it is directly commanded that the people shall stand fit or passe whether it should be celebrated every first or second Sabboth of the moneth whether in the morning at noone or at night In the ordination of Ministers there is no just proofe to be made that any certaine number of Ministers are to lay on their hands that the day of ordination should bee alwayes one that the Minister should bee of such an age or that the prayers should be of this or that length and forme of words And therefore touching these and such like things of indifferency wee agree with the Admonitor and Reverend Bishop that one ferme of externall orders rites and ceremonies is not of necessity to bee in every Church because there is no such order witnessed by the holy Scriptures to be of necessity But touching the joynt and severall functions of Bishops Pastours and Elders that they or any of them should in any age or state of the Church of Christ bee wanting or that such offices as by warrant of the Scripture are coupled together should bee appointed to execute any functions in the Church then such persons onely as for their functions have warant from the holy Scriptures wee cannot in any sort thereunto agree And why forsooth because all both offices and Officers in the Church must only and alonely bee derived from our Saviour Christ as from the only fountaine and bestower of all officers and offices in the House of God And therefore albeit wee should grant as the Admonitor hath said that the outward order used in the Primitive Church touching rites and Ceremonies by Bishops Pastors and Elders is neither necessary nor so convenient as it may be otherwise in the time of peace and under a Christian Magistrate yet we may not hereupon imply as his negative implyeth viz. that Bishops Pastors and Elders or any of them are neither necessary nor so convenient officers or governours as other officers of mans invention might be For which our opinion by the help of God we shall assay as before hath beene mentioned in an other place to lay downe out of the Word of God some just proofes according to the Admonitors request that there ought to be in all ages and states of the Church this outward order and forme of government viz. that Bishops Pastors and Elders ought evermore to be spirituall governours and that evermore they and none other ought to use that essentiall kinde of spirituall government and none other which was practised by the Bishops Pastors and Elders in the Apostolicall and Primitive Church Alwayes leaving the outward rites and ceremonies of their spirituall kinde of governement to bee indifferent as erst hath beene said FINIS Speeches used in the Parliament by Sir Francis Knoles and written to my LORD Treasurer Sir William
Cecill TO the end I may enforme your Lordship of my dealing in this Parliament-time against the undue claimed superiority of the Bishops over their inferior brethren Thus it was Because I was in the Parliament time in the 25. yeare of King Henry the eight In which time First all the Clergie aswell Bishops as others made an humble submission to King Henry the Eighth acknowledging his Supremacie and detesting the usurpation of the Bishops of Romes authoritie Vpon which submssion of the Clergie the King gave unto the said Bishops the same ample rule that before they had under the Pope over their inferiour brethren saving that the same rule was abridged by stature by this parenthesis following that is to say without offending the prerogative Royall of the Crowne of England and the lawes and customes of the Realme In the later end of the Statute it was added that whosoever offendeth in any one part of that statute and their Aydors Counsellors and Abbettors they did all fall into the penalty of the premunire And after I had recited this statute in the Parliament house I declared that in King Henry the Eight dayes after this There was no Bishop that did practise superio rity over their inferior brethren And in King Edwards dayes the said Bishops obtained a statute whereby they were authorized to keepe their Courts in the Kings name the which statute was repealed in Queene Maries dayes and was not received in her Majesties time that now is whereupon it was doubtfull to me by what authority the Bishops do keepe their Courts now in their owne names because it is against the Prerogative Royall of the Crowne of England that any should keepe a Court without sufficient warrant from the Crowne Whereupon I was answered that the Bishops doe keepe their Courts now by prescriptions and it is true that the Bishop may prescribe that King Henry the 8. gave them authority by the statute of 25. of his raigne to have authority and rule over their inferior brethren as ample as they had in the Popes time But this was no speciall warrant for them to keepe their Courts by and that in their owne names And yet they have none other warrant to keep their Courts as they doe now in their owne names to my knowledge And this was the cause that made them obtaine a statute in King Edwards dayes to keepe their Courts by in the Kings name Now it is a strange allegation that the Bishops should claime authority at this present to keep their Courts in their own names as they do by prescription because the statute of 25. doth restraine them generally from offending of the Prerogative Royall of the Crowne of England and the Lawes and customes of the Realme And no man may justly keepe a Court without a speciall warrant from the Crowne of England as is aforesaid And the generall liberty given by King H. the 8. to the Bishops to rule and governe as they did in the Popes time is no sufficient warrant to the Bishops to keep their owne Courts in their own names by prescription as I take it And therefore the Bishops had done wisely if they had sought a warrant by statute to keepe their Courts in the Queenes name as the Bb. did in K. Edwards dayes In which time Arch. Cranmer did cause Peter Martir and Bucer to come over into this Realme to be placed in the two Vniversities for the better instruction of the Vniversities in the word of God And B. Cranmer did humbly prefer these learned men without any challenge to himselfe of any superior rule in this behalfe over his inferiour brethren And the time hath bin that no man could carry away any grant from the Crowne of England by generall words but that hee must have speciall words to carry the same by Therefore how the B. are warranted to carry away the keeping of their Courts in their owne names by prescription it passeth my understanding Moreover where as your Lordship said unto mee that the Bishops have forsaken their claime of superiority over their inferior brethren lately to bee by Gods ordinance and that now they doe only claime superiority from her Majesties supreme government If this be true then is it requisite and necessary that my L. of Canterbury that now is do recant and retract his saying in his book of the great volume against Cartwright where he saith in plaine words by the name of D. Whitgift that the superiority of B. is Gods owne institution Which saying doth impugne her Majesties supreme government directly and therefore it is to bee retracted plainly and truly For Christ plainly and truly confesseth Ioh. 18. 36. That his Kingdome was not of this world And therefore he gave no worldly rule or preheminence to his Apostles but the heavenly rule which was to preach the Gospell saying Ite praedicate in omnem mundum qnicunque crediderit baptizatus fuerâ—t salvus erit qui non crediderit condemnabitur Goe and preach in all the world whosoever shall beleeve be baptized shall bee saved but he that will not beleeve shall be condemned Mark 16. 15. But the Bishops do cry out saying that Cartwright and his fellows would have no government c. So belike the B. care for no government but for worldly and forcible government over their brethren the which Christ never gave to his Disciples nor Apostles but made them subject to the rule of Princes who ought not to be resisted saving that they might answer unto Princes that they must rather obey God than men Acts 5. 29. and yet in no wise to resist the Prince but to take up the Crosse and follow Christ FINIS