CERTAINE CONSIDERATIONS touching the better pacification and Edification of the Church of ENGLAND Dedicated to his most Excellent Maiestie Printed for HENRY TOMES CERTAINE CONSIDERATIONS touching the better pacification and Edification of the Church of ENGLAND Dedicated to his most Excellent Maiestie THE Vnitie of Your Church Excellent Soueraigne is a thing no lesse precious than the Vnion of your Kingdomes beeing both Workes wherein your happinesse may contend with your worthinesse Hauing therefore presumed not without your Majesties gracious acceptation to Ioy somewhat of the one I am the more incouraged not to bee silent in the other the rather because it is an Argument that I haue trauelled heretofore But Salomon commendeth a word spoken in season and as our Sauiour speaking of the discerning of seasons saith when you see a cloud rising in the west you say it wil be a showre So your Maiestie rising to this Monarchie in the West parts of the World doth promise a sweet and fruitsull houre of many blessings vpon this Church and Common-wealth a showre of that influence as the very first dewes and drops thereof haue already layd the stormes and windes throughout Christendome reducing the very sace of Europe to a more peaceable and amiable Countenance But to the purpose It is very true that these Ecclesiasticall matters are things not properly appertaining to my profession which I was not so inconsiderate but to object to my selfe but finding that it is many times seene that a man that standeth off and somwhat remoued srom a plot of ground doth better suruay it and discouer it than those which are vpon it I thought it not impossible but that I as a looker on might cast mine eyes vpon some things which the Actors themselues especially some being interessed some led and addicted some declared and ingaged did not or would not see And that knowing in my conscience whereto God beareth witnesse that the things which I shall speake spring out of no vaine of popularitie oftentation desire of noueltie parcialitie to either side disposition to intermeddle or any the like Leuen I may conceiue hope that what I want in depth of judgement may bee counteruailed in simplicitie and sinceritie of affection But of all things this did most animate me that I found in these opinions of mine which I haue long held and embraced as may appeare by that which I haue many yeeres since written of them according to the proportion neuerthelesse of my weaknesse a consent and conformitie with that which your Majestie hath published of your owne most Christian most wise and moderate sence in these causes wherein you haue well expressed to the World that there is infused in your sacred brest from God that high principle and position of Gouernment That you euer hold the whole more deere than any part For who seeth not that many are affected and giue opinion in these matters as if they had not so much a desire to purge the euill from the good as to countenance and protect the euill by the good Others speake as if their scope were onely to set forth what is good and not to seeke forth what is possible which is to wish and not to propound Others proceed as if they had rather a minde of remoouing than of reforming But howsoeuer either side as men though excellent men shall run into extremities yet your Majestie as a most wise equall and christian Moderator is disposed to find out the golden mediocritie in the establishment of that which is sound and in the reparation of that which is corrupt and decayed To your Princely judgement then I doe in all humblenesse submit whatsoeuer I shall propound offering the same but as a mite into the Treasurie of your wisdome For as the Astronomers do wel obserue that when three of the superiour Lights doe meet in conjunction it bringeth forth some admirable effects so there being joyned in your Majestie the light of Nature the light of Learning and aboue all the light of Gods holy spirit it cannot be but your gouernment must bee as a happie constellation ouet the States of your Kingdomes Neither is there wanting to your Majestie that fourth Light which though it be but a borrowed Light yet is of singuler efficacie and moment added to the rest which is the Light of a most wise and well compounded Councell to whose Honourable and graue Wisedomes I doe likewise submit whatsoeuer I shall say Hoping that I shal not need to make protestation of my mind and opinion that vntill your Majestie doth otherwise determine and order all actuall and full obedience is to be giuen to Ecclesiasticall jurisdiction as it now stands and when your Majestie hath determined and ordered that euery good Subiect ought to rest satisfied and apply his obedience to your Majesties Lawes Ordinances and Royall commandements Nor of the dislike I haue of all immodest bitternesse peremptorie presumption popalar handling and other courses tending rather to rumour and impression in the vulgar sort than to likely-hood of effect ioyned with obseruation of dutie But before I enter into the points contronerted I thinke good to remooue if it may be two opinions which do directly confront and oppone to reformation the one bringing it to a nullitie and the other to an impossibilitie The first is That it is against good policie to innouate any thing in Church matters The other That all reformation must bee after one Platforme For the first of these it is excellently sayd by the Prophet State super vias antiquas videte quanam fit via recta vera ambulate in ea So as he doth not say State super vias antiquas ambulare in eis For it is true that with all wise and moderate persons custome and vsage obtaineth that reuerence as it is sufficient matter to mooue them to make a stand and to discouer and take a view but it is no warrant to guide or conduct the a iust ground I say it is of deliberation but not of direction But on the other side who knoweth not that time is truely compared to a streame that carieth downe fresh and pure waters into that salt sea of corruption which inuironeth all humane actions And therefore if man shall not by his industrie vertue and policie as it were with the oare rowe against the streame and inclination of time all institutions and ordinances be they neuer so pure will corrupt and degenerate But not to handle this matter cōmon-place-like I would onely aske why the ciuill State should be purged and restored by good and wholesome Lawes made euery third or fourth yeare in Parliaments assembled deuising remedies as fast as time breedeth misehiess contrariwise the Ecclesiasticall State should still continue vpon the dregs of time and receiue no alteration now for these fiue and sortie yeares and more If any man shall obiect that if the like intermission had beene vsed in Ciuill causes also the error had not beene great
of the first good Emperours that imbraced the Faith For the times of persecution before temporall Princes receiued the Faith as they were excellent times for doctrine and maÌ„ners so they be vnproper and vnlike examples of outward gouernment and policie And so much for this point now to the particular points of Controuersies or rather of Reformation Circumstances in the Gouernment of Byshops FIrst therefore for the Gouernment of Byshops I for my part not prejudging the Presidents of other reformed Churches doe hold it warranted by the word of God and by the practise of the ancient Church in the better times and much more conuenient for Kingdomes then parity of Ministers and gouernment by Synodes But then further it is to be considered that the Church is not now to plant or build but onely to bee pruned from corruptions and repaired and restored in some decayes For it is worth the noting that the Scripture saith Translato acerdotio necesse est vs Legis fiat translatio It is not possible in respect of the great and neere sympathie betweene the State Ciuill and the State Ecclesiasticall to make so mayne an alteration in the Church but it would haue a perilous operation vpon the Kingdome and therefore it is fit that controuersie be in peace and silence But there bee two circumstances in the administration of Byshops wherein I confesse I could neuer be satisfied The one The sole exercise of their authoritie The other the Deputation of their authoritie For the first the Byshop giueth orders alone excommunicateth alone judgeth alone This seemes to bee a thing almost without example in gouernment and therefore not vnlikely to haue crept in the degenerate and corrupt times Wee see the greatest Kings and Monarches haue their Councels There is no temporall Councell in England of the higher sort where the authoritie doth rest in one person The Kings-bench CoÌ„mon-pleas and the Exchequer are benches of a certain number of Iudges The Chancellor of England hath an Assistance of 12. Maisters of the Chancerie The Master of the Wards hath a councell of the Court So hath the Chancellor of the Duchie In the Excliequer Chamber the Lord Treasuror is ioyned with the Chancellor and the Barrons The Masters of the Requests are euer more than one The Iustices of Assile are two The Lord Presidents in the Marches and in the North haue councels of diuers The Starre-chamber is an assembly of the Kings priuie Councell aspersed with Lords Spirituall and Temporall So as in all Courts the principall person hath euer either Colleagues or Assessors The like is to bee found in other well gouerned Kingdomes abroad where the jurisdiction is yet more distributed as in the Courts of Parliament of France and in other places No man will denie but the Acts that passe the Byshops jurisdiction are of as great importance as those that passe the Ciuill Courts for mens soules are more precious then their bodies or goods so are their good names Byshops haue their infirmities and haue no exception from that generall malediction which is pronounced against all men liuing Va sole nam si occiderit c. Nay we see that the first warrant in Spirituall causes is directed to a number Dei Ecclesia which is not so in temporall matters And we see that in generall causes of Church gouernment there are aswol Assemblies of all the Clergie in Councels as of the States in Parliament whence should this sole exercise of jurisdiction come Surely I doe suppose and thinke vpon ground that ab initio non fuit ita and that the Deanes and Chapters were Counsels about the Seas and chayres of Byshops at the first and were vnto them a Presbiterie or Consistorie and intermedled not onely in the disposing of their reuenues and endowments but much more in jurisdiction Ecclesiasticall But it is probable that the Deane and Chapter stucke close to the Byshops in matters of profit and the world and would not loose their hold but in matters of jurisdiction which they accounted but trouble and attendance they suffered the Byshops to encroach and vsurpe and so the one continueth and the other is lost And wee see that the Byshop of Rome fâ—â— est ab hoste doceri and no question in that Church the first institutions were excellent performeth all Ecclesiasticall jurisdiction as in Consistorie And whereof consisteth this Consistorie but of the parish Priests of Rome which terme themselues Cardinals à cardivibus mundi because the Byshop pretendeth to be vniuersall ouer the whole world And hereof againe we see diuers shadowes yet remaining As that the Deane and Chapter Proforma chooseth the Byshop which is the highest point of jurisdiction And that the Byshop when hee giueth orders if there be any Ministers casually present calleth them to joyne with him in imposition of hands and some other particulars And therefore it seemes to me a thing reasonable and religious and according to the first institution that Byshops in the greatest causes and those which require a spirituall discerning namely in ordayning suspending or depriuing Ministers in excommunication being restored to the true and proper vse as shall bee afterwards touched in sentencing the validitie of Mariages and legittimations in judging causes criminous as Symonie incest blasphemie and the like should not proceed sole and vnassisted which point as I vnderstand is a Reformation that may bee planted sine strepitu without any perturbation at all and is a matter which will giue strength to the Byshops countenance to the inferiour degrees of Prelates or Ministers and the better issue or proceeding in those causes that shall passe And as I wish this strength giuen to the Byshops by Councell so it is not vnworthy your Maiesties Royall consideration whether you shall not think fit to giue strength to the general Councell of your Clergie the Conuocation House which was then restrained when the state of the Clergie was thought a suspected part to the Kingdome in regard of their late homage to the Byshop of Rome which state now will giue place to none in their loyaltie and deuotion but to your Maiestie For the second point which is the Deputation of their Authoritie I see no perfect and sure ground for that neither beeing somewhat different from the examples and rules of gouernment The Byshop exerciseth his jurisdiction by his Chancellor and Comissarie Officiall c. Wee see in all Lawes in the world Offices of confidence and skill cannot be put ouer nor exercised by deputie except it bee especially contained in the originall grant and in that case it is dutisull And for experience there was neuer any Chauncellour of England made a Deputie There was neuer any judge in any Court made a Deputie The Byshop is a Iudge and of a high Nature whence commeth it that hee should depute considering that all trust and confidence as was said is personall and inherent and cannot or ought not to bee transposed Surely in this againe ab
initio nonfuitsta but it is probable that Byshops when they gaue themselues too much to the glorie of the world and became Grandes in Kingdomes and great Councellors to Princes then did they deleague their proper jurisdiction as things of too inferiour a nature for their greatnesse and then aster ths similitude and immitation of Kings and Counts Palatine they would haue their Chancellors and Iudges But that example of Kings and Potentates giueth no good defence For the reasons why Kings administer by their Iudges although themselues are supreame Iudges are two The one because the offices of Kings are for the most part of inheritance and it is a Rule in all Lawes That Offices of inheritance are rather matters that sound in interest then in confidence forasmuch as they may fall vpon womon vpon Infants vpon Lunatiques and ideots persons vncapable to execute judicature in person and therefore such Offices by all Lawes might euer be exercised and administred by delegation The second reason is because of the amplitude of their Iurisdiction which is as great as either their birth-right from their Ancestors or their sword-right from God maketh it And therefore if Moses that was Gouernour ouer no great people and those collected together in a campe and not scattered in Prouinces and cities himselfe likewise of an extraordinarie spirit was neuertheles not able to suffice and hold out in person-to judge the people but did by the aduise of Iethro approued from God substitute Elders and Iudges how much more other Kings and Princes There is a third Reason likewise not much to the present purpose and that is That Kings eyther in respect of the Common wealth or of the greatnes of their owne Patrimonies are vsually parties in sutes and then their Iudges stand indifferent betweene them and the subiect But in the case of Byshops none of these reasons hold For first their Office is electiue and for life and not patrimoniall or hereditarie an Office meerly of confidence science and qualification And for the second reason it is true that their jurisdiction is ample and spacious and that their time is to bee diuided betweene the labours as well in the word and doctrine as in gouernment and jurisdiction But yet I doe not see supposing the Byshops Courts to be vsed vncorruptly and without any indirect course held to multiply causes for gaine of fees but that the Byshop might very well for causes of moment supply his judiciall function in his owne person For we see before our eyes that one Chauncellor of England dispatcheth the suites in equitie of the whole Kingdome which is not by reason of the excellencie of that rare honourable Person which now holdeth that place but it was euer so though more and lesse burdenous to the sutor as the Chauncellor was more or lesse able to giue dispatch And if heed bee taken to that which was said before that the Byshops labour in the word must take vp a principall part of his time so I may say againe that matters of State haue euer taken vp most of the Chauncellors time hauing bin for the most part persons vpon whom the Kings of this Realme haue most relied for matters of Councell An therfore there is no doubt but the Byshop whose circuit is lesse ample and the causes in nature not so multiplying with the helpe of references and certificates to and from fit persons for the better ripening of causes in their meane proceedings and such ordinary helpes incident to jurisdiction may very well suffice his Office But yet there is an other helpe for the causes that come before him are these Tythes Legacies and Administrations and other teftamentary causes causes Matrimoniall accusations against Ministers tending to their suspension depriuation or degrading Symonie incontinencie Heresie Blasphemie breach of Saboth and other like causes of scandall The first two of these in mine opinion differ from the rest that is Tithes and Testaments for those bee matters of profite and in their nature Temporall though by a fauour and conniuence of the temporall jurisdiction they haue been allowed and permitted to the Courts Ecclesiasticall the one to the end the Clergie might sue for that that was their sustentation before their owne Iudges and the other in a kind of pietie and Religion which was thought incident to the performance of dead mens Wils And surely for these two the Byshop in mine opinion may with lesse danger discharge himselfe vpon his ordinary Iudges And I thinke likewise it will fall out that those sutes are in the greatest number But for the rest which require a Spirituall science and discretion in respect of their nature or of the scandall it were reason in my opinion there were no audience giuen but by the Byshop himselfe he being also assisted as was touched before but it were necessarie also hee were attended by his Chauncellor or some others his Officers being learned in the Ciuill Law for his better instruction in points of formalitie or the courses of the Court which if it were done then were there lesse vse of the Officials Court where of there is now so much complaint And causes of the nature aforesaid being only drawne to the Audience of the Byshop it would represse friuolous and poling sutes and giue a graue and incorrupt proceeding to such causes as shal be fit for the Court. There is a third point also not of jurisdiction but of forme of proceeding which may discerne Reformation the rather because it is contrary to the Lawes and Customes of this Land and State which though they doe not rule those proceedings yet may they be aduised with for better direction and that is the Oath ex Officio whereby men are inforced to accuse themselues and that that is more are sworne vnto Blanques and not vnto accusations and charges declared By the Lawes of England no man is bound to accuse him selfe In the highest cases of treason torture is vsed for discouerie and not for euidence In capitall matters no delinquents answer vpon oath is required no not permitted In criminall matters not capitall handled in the Starre Chamber and in causes of Conscience handled in the Chauncerie for the most part grounded vpon trust and secresie the oath of the partie is required But how where there is an accusation and an Accusor which wee call bills of complaint from which the complainant cannot varie and out of the compasse of the which the defendant may not bee examined exhibited vnto the Court and by Proccs notified vnto the defendant But to examine a man vpon oath out of the insinuation of fame or out of accusations secret and vndeclared though it haue some countenance from the Ciuill-Law yet is so opposite ex diametro to the sence and course of the Common-Law as it may well receiue some limitation Concerning the Liturgie the Ceremonies and Subscription FOr the Liturgie great respect and heed would be taken least by inueighing against the dumbe Ministrie due reuerence
Surely the wisedome of the Kingdome hath beene otherwise in experience for three hundred yeares space at the least But if it bee said to me that there is a difference betweene Ciuill causes and Ecclesiasticall they may as well tell me that Churches and Chappels need no reparations though Castles and houses doe whereas commonly to speake truth dilapidations of the inward and spirituall edifications of the Church of God are in all times as great as the outward and materiall Sure I am that the very word and stile of Reformation vsed by our Sauiour ab initio non suit it a was applyed to Church matters aud those of the highest nature concerning the Law morall Neuerthelesse hee were both vnthankefull and unwise that would denie but that the Church of England during the time of Queene Elizabeth of famous memorie did flourish If I should compare it with forraine churches I would rather the comparison shouldbe in the vertues then as some make it in the defects rather I say as betweene the Vine the Oliue which should be most fruitfull not as between the bryer and the thistle which should bee most vnprofitable For that reuerence should be vsed to the Church which the good sonnes of Noah vsed to their fathers nakednesse that is as it were to goebackwards and to helpe the defects thereof and yet to dissemble them And it is to be acknowledged that scarcely any church since the Primitiue Church yeelded in like manner of yeares and Latitude of Countrey a greater number of excellent Preachers Famous Writers and graue Gouernours but for the discipline and Orders of the Church as many and the chiefest of them are very holy and good so yet if Saint Iohn were to indite an Epistle to the church of England as hee did to them of Asia it would sure haue the clause Habeo aduers us to pauca And no more for this point sauing that as an appendixe thereunto it is not amisle to touch that obiection which is made to the time and not to the matter pretending that is Reformation were necessarie yet it were not now seasonable at your Matesties first entrance Yct Hippocrates saith si quid moues à principio moue And the wisedome of all examples doth shew that the wisest Princes as they haue eue been the most sparing in remoouing or alteration of seruants and officers vpon their comming in so for remoouing of abuses and enormities and for reforming of Lawes and the policie of their States they haue chiefly sought to enable and commend their beginnings therewith knowing that the first impression with people continueth long and when mens mindes are most in expectation and suspence then are they best wrought and managed And therefore it seemeth to me that as the spring of nature I meane the spring of the yeare is the best time for purging and medicining the naturall body so the spring of Kingdoms is the most proper season for the purging and rectifying of politique bodies There remaineth yet an obiection rather of suspition then of reason and yet such as I thinke maketh a great impression in the mindes of very wise and well affected persons which is That if way be giuen to mutation though it be in taking away abuses get it may so acquaint men with sweetnesse of change as it will vndermine the stabilitie euen of that which is sound and good This surely had beene a good and true allegation in the ancient contentions and diuisions betweene the people and the Senate of Reme where things were carried at the appetites of multitudes which can neuer keepe within the compasse of any moderation But these things beeing with vs to haue an orderly passage vnder a King who hath a Royall power and approued judgement and knoweth as well the measure of things as the nature of them is surely a needlesse feare For they need not doubt but your Maiestie with the aduise of your Councell will discerne what things are intermingled like the rares amongst the wheat which haue their rootes so inwrapped and intangled as the one cannot be pulled vp without indangering the other and what are mingled but as the chaffe and the corne which needs but a fanne to fift and seuer them So much therefore for the first point of no reformation to be admitted at all For the second point That there should be but one forme of Discipline in all Churches and that imposed by a necessitie of a commandement and prescript out of the word of God it is a matter Volumes haue beene compiled of and therefore cannot receiue a briefe redargution I for my part doe confesse that in reuealing the Scriptures I could neuer find any such thing but that God had left the like libertie to the Church-gouernment as he hath done to the Ciuil gouernment to be varied according to time and place and accidents which neuerthelesse his high and diuine prouidence doth order and dispose for all ciuill gouernments are restrained from God vnto the genarall grounds of Iustice and manners but the policies and formes of them are left free So that Monarchies and Kingdomes Senates and Seignories popular States and Communalties are all lawfull and where they are planted ought to bee maintained inuiolate So likewise in Church matters the substance of Doctrine is immutable and so are the generall Rules of gouernment but for Rites and Ceremonies and for the particular Hierarchies policies and disciplines of Churches they be left at large And therefore it is good wee returne vnto the ancient bonds of vnitie in the Church of God which was one Faith one Baptisme and not one Hierarchie one Discipline and that wee obserue the league of Christians as it is penned by our Sauiour Christ which is in substance of doctrine this Hee that is nos with vs is against vs. But in things indifferent and but of circumstance this Hee that is not against vs is with vs. In these things so as the generall rules be obserued that Christs Flocks be fed that there be a succession in Byshops and Ministers which are the Prophets of the New Testament that there be a due reuerent vse of the power of the Keyes that these that Preach the Gospell liue of the Gospell that all things tend to edification that all things bee done in order and with decencie and the like the rest is left to the holy wisedome and spirituall discretion of the master-builders and inferiour builders in Christs Church as it is excellently alluded by that Father that noted that Christs Garment was without seame and yet the Churches garment was of diuers colours and thereupon setteth downe for a Rule In veste varies as sit scissura non sit In which varietie neuerthelesse it is a safe and a wise course to follow good examples and presidents But then the rule of imitation and example is to consider not onely which are the best but which are the likest as namely the gouernment of the Church in the purest times