through want of foresight of the waightinesse of the office vnworthily haue taken vpon him the gouernment Perill of soules cause of renunciation of anie Church a burthen too heauie for him to beare hee may foorthwith forgoe and renounce the same both so to be disburthened himselfe and that the Church also might be furnished with some able man to supplie the necessitie thereof PRO DEFECTV SCIENTIAE c. For want of Ex. deprabend â— veneâ—â—bilis knowledge a man may desire cession for whereas knowledge is chiefly necessarie about the administration of spirituall things and also behoofefull about the charge of temporal things let it be lawful for him that hath charge to gouerne the Church in these things to renounce the said Church in case he haue no knowlege whereby he may gouerne the same For saith the Lord thou hast reiected knowledge and therefore I will reiect thee that thou be no Priest vnto me Hence may be gathered two arguments the one to prooue the necessitie of knowledge in a spirituall Pastour the other to proue a lawfulnesse for the renouncing of that which without great preiudice and hurt to himselfe and others he cannot retaine Pag. 12 1 Hee that taketh vppon him the administration of spirituall things must haue the knowledge of spirituall things 2 But he that taketh vpon him the gouernement of the Church taketh vpon him the administration of spirituall things 3 Therefore he that taketh vppon him the gouernement of the Church must haue the knowledge of spirituall things 1 It is lawfull for euerie man that taketh vpon him a charge or function without knowledge howe to gouerne the same charge to forgo and forsake the said charge or function 2 But euerie vnlearned minister hauing a charge is without knowledge how to gouerne the same his charge 3 Therefore it is lawfull for him to renounce his said charge ANd againe euen to auoid the perill of soules and that neither age neither anie bodily disease or importencie shoulde be anie occasion or hinderance to the people from hauing and enioying the benefite of a teacher the lawe prouideth in this case also as followeth PETISTI c. Thou desirest that for thy age growing vpon 7 q 1 Petisti thee and thy bodily infirmitie thou mightest without aduise in the same seat where thou gouernest place one in thy stead but we God being our helper giue counsell to thy holinesse that for the helpe of reasonable mens soules Christ being thy guide thou do not leaue these which thou obtainest in the Church of Ments but if the Lord according to thy request shal giue vnto thee a perfect man who may take vpon him the care for the health of soules thou shalt ordaine him Bishop in thy place and hee shall be in the Gospell committed vnto thee and in bearing the ministerie of Christ in euerie place shall visite and comforte the Church of God Pag. 13 All which Canons and constitutions being made and published long sithence are againe confirmed ratified and allowed by latter constitutions decrees and ordinaunces as followeth AD REGIMEN c. Although we by disposition from aboue Ex. commâ—â—â— de Praeb dig c. Ad regimen vnworthily called to the gouernment of the vniuersal church as we ought so haue wee in our desires that by our indeuour and diligence fit men be taken to the regiments of Churches and Monasteries and other Ecclesiasticall benefices according to the diuine pleasure and our purpose and intent which might rule and profite the Churches Monasteries and the foresaid benefices to be committed vnto them And againe CVM ECCLESIAE c. Forasmuch as the Churches Clement de aetaâ— quali ep 1. wherevnto vnfit parsons in knowlege manners or age are preferred suffer for this cause as experience teacheth in their spiritualties and temporalities oftentimes great detriments wee willing that this thing by the Diocesanes of the places vnto whom this charge by reason of their office appertaineth be more diligently foreseene straightly inioyne that they themselues more diligently obserue and cause inuiolably to be obserued by their subiects such canonicall constitutions as haue hitherto beene published for the preferring of parsons vnto such Churches if they will auoid the displeasure of God and the punishment due by the Apostolike sea And not onlie these Canons established and confirmed by the Popes Act of Parliament but euen our owne prouinciall constitutions made long sithence for the realme of England haue ordained and established a learned ministerie and appointed an able and fit state of Cleargie men to be had throughout the whole Empire and Dominions of her Maiestie The tenor or some of which constitutions followeth First Exigit namque ars nostra catholica vt sit vnicus in vna ecclesia Otho constitu câ—â—sit ars §. exigit sacerdos alià s magister perfectus ordine habitu vita sancta scientia doctrina For our Catholique religion requireth that in one Church there be one Priest otherwise called a perfect teacher in order and habite in holie life in knowledge and in doctrine Pag. 14 Secondly Absq magistro praeterea ecclesia desolata manet saepe die nec persona in ea nec saliem vicarius perpetuus inuenitur sed aliquis forte simplex sacerdos de vita sancta scientia doctrina est ei nimis modica heu cura Without a maister the Church oftentimes remaineth de solate hauing neither parson nor anie continuall vicar but perhaps some seelie ignorant Priest but as touching their holie life their knowlege and their doctrine alas there is too too little care had Pag. 15 SACER ORDO c. A sacred order is to be conferred to Otho const cum sit aâ—◠§ absue him that is most worthie to the end that by him the other Sacraments might be ministred Wherefore since it is a thing verie perillous to ordaine men vnworthie idiots illegitimate irregular persons vnlearned persons vagarant and such as haue not anie certaine or true title indeed We ordaine that before the conferring of orders diligent inquisition and search be made by the Bishop of al these things Which constitution whether it be obserued or no I referre the reader to the directions of the Bishops Canons Wherein they manifestly tell vs that they proceede first and enquire afterwards that they first giue the Minister a charge appointing him to teach and afterwards send him to the Archdeacon or his officials court to learne as is manifest in their Canons published in the yeare of our Lord 1571. Title Archdeacon and also in the Aduertisements Title Ecclesiasticall pollicie Wherein they haue not attended the meaning and intent of Lawe which alwaies requireth Vt qualitates adsint eo tempore quo dispositio sumat effectum That â—art in l. si quis posthumos § filium nâ— 3. ff de li. posthâ—â— ff de minor l de aetate de feriis le 2. qualities must then be had when the
as in those cases alledged there an inference cannot be brought from one to another bicause in penalties we argue not to the like by like for d De paenit dist 1. §. paene 10. And. super gl ita c. si postquam de elect in 6. penalties go not beyond their owne proper case But to put this matter quite out of doubt and to shew the vanitie of this kind of reasoning once for all it is well knowne to those who are but meanelie studied in lawe that e L. non possunt 12. cum l. sig l. 27. 32. ff de legibus although the rule be that Where the same reason is there the lawe also is the same yet euen then when a difference can hardlie be taken and alledged this rule hath manie limitations namelie where some speciall lawe is repugnant to the argument drawne from the identitie of reason For as f Aristot li. 2. Rhetor. ca. de solutionibus Aristotle saith It is no inconuenience for two probable matters to be contrarie the one to the other For there is lesse authoritie in arguments than in lawes bicause right is g L1 ff de reg iuris l. 5. ff de probat not to be established out of generall rules but from especiall and particular decisions of lawe For if right should not be gathered out of lawes but from discourse of reasoning and from generall rules which be gathered vpon the lawes then would the law be not onelie infinite but also vncerteine yea and contrarie in it selfe bicause the rules of law be almost infinit and one reason may easilie be insringed by another reason And in this respect Tullie * Li. 1. de oratore saith In the ciuill law we are taught not by disputations to and fro which be infinit and full of alteration but by the authoritie and direction of lawes Also this rule holdeth not * L. 7. si pupillorum §. si praetor ff de rebus minorum where a man is adiudged or decréed touching some certeine persons for such a decree is not to be drawne to all cases which be alike Lastlie this reasoning and interpreting any case by a like lawe vpon the simsâ—itude of reason in them both is onelie * L. 11. Pomponius ff de praescriptis verbis L. 2. §. sed quia C. de vetcri iure enucleando L. 11. §. cum igitur C. de legibus permitted to him that hath soueraigne authoritie and rule and not to those that onelie haue single iurisdiction but much lesse to him that hath neither of both Neither is our authors intent any thing holpen by Bartol vpon L2 ff de ijs qui notantur infamia bicause he hauing there shewed that there is one degradation of souldiers or knights verball and another reall and when two processes and when but one to that purpose are required he saith Those things which I haue said of the degradation of soldiers the same is also to serue about degradation of doctors and clearkes not noting that for the like offenses they all are to be deposed but that the like maner of processe is appliable to them all As for that which is said that He which vsurpeth the ensignes or armes of a doctor being none is guiltie of forgerie can no waie serue for punishing such as haue the outward calling into the ministerie how vnworthie soeuer but such as doo vsurpe that calling without any externall calling whome other * Ext. de clerico non ordinato ministrante Canons more pregnant than this lawe dooth sufficientlie méet with 34. Section Pag. 71. NDw at the last our author hauing quit himselfe like a man and prooued sufficientlie at the least in his owne conceit all ministers to be vnworthie and to deserue in that respect depriuation which cannot preach least perhaps the magistrats though being by him so fullie persuaded should neuerthelesse faint in this action as not knowing what course to take in the maner of procéeding against them he verie gentlie taketh the paines to tell them out of Panormitane how they may safelie procéed to depriue them for their ignorance and want of learning But he maketh his processe to reach vnto those onelie who neither haue read any bookes of learning nor haue béene taught by others reading vnto them though his intended purpose was to disable all notwithstanding they had both read priuatlie and heard others in diuerse sorts of good learning if they were no preachers And therefore he calleth all such Idols dumbe bare mumbling ministers and hirelings But it is better to heare the words of Panormitane himselfe than his falsified paraphrase Panor in c. vlt. de aetate qualitate vpon them Note first saith he that want of knowledge is a lawfull cause to depose a man from a Bishoprike and then is it said there is want of knowledge when he knoweth not Grammar Note also secondlie that knowledge is not gotten except it be taught by another or else he himselfe haue read bookes tending to knowledge And so this maketh against them that will pretend to learne both without a teacher and without bookes and heere of you may gather the practike of deposing a man in science ignorant bicause it is sufficient if the witnesses depose that he neuer read any bookes nor euer went to schoole or heard anie reader or teacher So that we may easilie perceiue Faâ—â—â—fication by the author our authors falsification hereof when as he by his translation of Panormitane omitteth wholie that Want of knowledge is ignorance in Grammar and maketh both the priuate studie and the hearing of a teacher to be â—â—intlie requisite for the escaping of this ignorance wher as in truth Panormicane requireth but either the one or the other to this purposâ— and therefore with the coniunction and taken coniunction non diuisim Panormitane saith A man cannot learne without a teacher and without bookes both as plainelie appeareth by the disiunctiue following whereof if any part be true all is true Also Panormitane speaketh here not of euerie inferiour minister but of a Bishop nor of want of any other knowledge but of Grammar And least of all by him is it reguired as our author séemeth to doo that a minister should learne that strange booke Of controuersies of the gospell Whereby may appéere that it is but a loose vnperfect rule to mesure out a ministers learning or abilitie by when no greater stuffe than Grammar is necessarilie required of a Bishop And therefore the same author in * In. c. nisi Ext. de renuntiatione another place saith A competent or reasonable knowledge is sufficient in a prelat neither is it any lawfull cause to resigne and giue place to another if he want an eminent skill And againe What ibidem if a prelat be ignorant but be such as may easilie learne The glosse saith he may learne and then licence to resigne shall not be granted and to
not * Du baptis art 7. da disci de France to doubt to baptize a child priuatelie and without any assemblie when as for feare of persecution or such like they dare not meet togither Againe some of * T. C. pâ—g 152. 153. ours doo thinke it simplie vnlawfull to haue anie holiedaies as the feasts of the Natiuitie Easter and Pentecost besides the Sabboth daie because they thinke it an absolute precept Six daies shalt thou labour But the church reformed at * Ca. 8. de Ferijs in libro de ritibus eccle Tigurinâ— Zurike yea and most of the reformed churches in the world doo obserue some such feasts besides the Lords daie Furthermore our Abstractor as you haue heard dooth condemne it as vnlawfull to haue those reteined to be ministers of the gospell that haue beene Popish priests and the like is the opinion of the * Admon 1. Admonitors But * La discipl de France art 3. the discipline of France dooth permit both Bishops and Priests to aspire to the ministerie of the gospell after renouncing of their former faults yet so as * Danâ—us part 2. Isoqâ— li. 2. cap. â—2 another of them dooth teach that they may not aspire to anie higher ecclesiasticall office than they had afore but reteine the old and that also with a new creation bicause the old character he saith is by the heresie worne out Againe it is verie vsuall with manie of reforming humors to take no benefice or set pasâ—orall charge but to preach there where they either haue a sufficient preacher alreadie or in great townes where least néed is of their helpe and they are in that respect with many better accompted of But our Abstractor condemneth all such absolute ordinations without any certeine title and this vagarant kind of ministerie and so dooth another great * T. C. pag. 63. man amongst them which misliketh wholie that any are suffered to preach which hath no pastorall charge Whereby he withall dooth couertlie condemne all such as vnder the name of doctors as an office not as a degrée of schooles hauing no title but being set vp and hired to discountenance the pastors doo inuade their cures and charges oftentimes euen against their mind and good liking Also the same man condemneth as vnlawfull and thinketh it is T. C. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for one minister to preach in anothers cure Yet those amongst vs that otherwise stand like affected with him doo as much vse and practise this as any other And a Des minist art 18. la dis de France the discipline of France setteth downe a forme in what maner one church may lend a minister vnto another and b Ibid. ar 17. decideth likewise that with licence of two or thrée other ministers such as haue departed from a church vpon occasion may preach before the matter for their placing againe be ordered by the Conference or Synod It hath likewise beene holden and defended publikelie that it is sincerelie vnlawfull to shift from any congregation to another but c Ibid. art 10. 12 13 16 27 the reformed churches of France doo in manie cases permit it Now as concerning the establishing of lawes orders and ceremonies and in the things themselues there is like varietie of iudgement among them For some d Admo 2. pag. 46. of them doo yéeld authoritie to euerie consistorie to make and abolish such orders and ceremonies as they shall thinke conuenient for the rest of the congregation and in this respect e Ibid. pa. 11. they hold that euerie presbyterie may differ from another in orders and ceremonies but f Eccles disci 726. other of them would haue no such thing ordered but either by a Prouinciall or Nationall synod And the discipline of France dooth thinke it most expedient that all the churches of one nation reteine an vniformitie of orders and ceremonies to the which they a Du consistoire art 2. la discipl doo earnestlie exhort those churches amongst them which at the first had receiued some other forme for which purpose they doo also require a subscription vnto the forme of their discipline and doo b Du consistoire art 19. en la discipl de France prescribe it to be read in their consistories at the least at the times of Communions Our Reformers doo plainlie tell vs that the dutie of the Seniors dooth onelie consist in ruling and the deacons in prouiding for the poore but till it was otherwise ordered in diuerse c Des anciens diacres art 3. 4. ibidem reformed churches in France the deacons did publikelie catechize and yet still for the necessitie of the times they and the seniors are permitted being therevnto chosen by the consistorie to catechize in priuate families Likewise d Admo 1. pag. 6. 16. at the first our Reformers did wholie reiect a prescript forme of praier and diuine seruice in the church vpon occasion peraduenture that the French churches vpon certeine e Du consistoire art 2. considerations to themselues best knowne had refused the hauing of ordinarie praiers euerie daie morning and euening in the church when they had no sermon But now I take it hauing heard that in f Videritus ecclesi Tigutinae most reformed churches yea euen in Geneua and in Scotland they reteine a prescript forme of liturgie they are content to let that conceit vanish Againe it hath beene thought and is yet by some a verie heinous superstition to communicate in vnleauened bread but it is notorious that yet this kind of bread is vsed and hath béen long in the church of Geneua neither could they euer be induced to change it bicause of the great inconueniences of all innouations where the thing is not in it selfe wicked Morouer our Innouators do constantlie hold that causes of matrimonie incest adulterie diuorces and such like handled in courts ecclesiasticall with vs are méere ciuill causes not to apperteine to their reformed Consistories g Simlerus fol. 148. 157. yet the churches of Heluetia doo still enterteine the knowledge and punishment of such causes and offenses Yea and the Consistories of France doo intermeddle with causes matrimoniall as where they permit a Des mariages art 1. la discipl de France authoritie to the Consistorie to licence such if they see cause to entermarrie whose parents frowardlie doo refuse to yéeld consent vnto them Likewise b Ibid. art 4. where they haue decreed that it is lawfull for a man to marrie the sister of hir vnto whome he was onelie espoused and betrothed And c Ibid. art 17 where they permit him to vse his libertie to reteine or leaue his wife which hath beene conuicted of adulterie Moreouer diuerse of our Reformers doo thinke it vnlawfull as the Abstractor in this booke for an acclesiasticall person to haue anie ciuill function d Du consistoire art 5. ibidem yet the discipline
Iuxta aequum bonum For a g Thom. 2. 2. q. 88. art 10. lawe is established with regard to that which for the most part is good and bicause it happeneth in some cases not to be good it was méet there should be some to declare and determine that in such a case it was not of necessitie to be kept Likewise in this sense of dispensation the same author as he is h Dom. Sotus de iust iure li. 1. q. 7. art 3. alledged dooth define that it is Commensuratio communis ad singula an admesurement or attemperance of a generall vnto his particular or singular circumstances or as some doo read it an attemperance of reason For he rightlie may be said l L sin C. de legib c. cum venissent Ext. de iudicijs to interpret law which declareth whether the matter in hand is included in the said law or no. An example hereof where Gods law is in this sort interpreted and declared not to haue place euen by the positiue lawes of men may be taken from the commandement of God that we shall noâ— kill which is truelie declared not to haue k L. vt vim ff de iust iure place where in necessarie defense of our selues we are driuen to kill rather than be killed vniustlie In the lawe of nature the generall and most vsuall reason requireth that vpon request made I should redeliuer that which in trust you haue recommended to my custodie yet some most iust reasons and considerations may l L. bona fides ff depositi Plato li. 1. Polit. fall out why this should be denied at some time And therefore * Offic. li. 3. Tullie speaking hereof saith that Manie things which naturallie are honest vpon some occasions are vnhonest In most countries they haue a positiue law that a man should not carrie out of the realme any monie armour or weapons yet such occasions vrgent causes may happen that in iustice a man may not be denied to doo this whom the prince will haue to trauell into some dangerous countrie And of this sort of dispensations or declarations of the meaning of law or mixt of them both are all such which the Archbishop of Canturburie by act of parlement is authorized to passe as may appeare in that he is limited onlie to those dispensations which be not against the word of God or lawes of the land and for the most part also to those which vsuallie haue bene granted and in that the qualities of the persons also to whom in some cases he is to grant it are expressed and lastlie bicause if he doo denie to dispense with him which is qualified therevnto and hath need of a dispensation without a sufficient cause and doo so persist this authoritie may be deriued by that act of parlement vnto others So that we sée in effect he is onlie made a iudge herein to examine and wey the inward qualities and sufficiencie of the suter for the dispensation whom if he find fit and a good cause in equitie to warrant it he cannot in iustice put him off but must grant the dispensation vnto him And that none of such dispensations faculties or immunities which are vsuallie passed according to law by the Archbishop of Canturburie are of that sort which be either by the law of God forbidden or yet such as may not haue a necessarie vse so that without manie inconueniences they cannot wholie be abolished may appeare to the wise who can consider of their seuerall vses vpon rehearsall onelie of them and shall be defended God willing by learning and sound reason so to be against the other sort which are factuoustie bent against them As a benefice In commendam to a Bishop who hath a slender maintenance by his Bishoprike a trialitie for a prebend or dignitie being no cure of soules by statute with two benefices hauing cure of soules or a pluralitie for two such benefices to such as excell the common sort in Gods good gifts For take awaie inequalitie or reward and no place will be lest to indeuour for any excellencie in learning of one aboue another in verie short time A legitimation of him to be preferred to holie oâ—ders who was borne out of lawfull matrimonie or before espousals or for a man to succeed his father in a benefice either in respect of the great and excellent gifts in them or vpon some other weightie considerations A dispensation for one aboue eightéene and not xxiij to reteine a prebend being without cure of soules though he cannot be assumed to be a deacon A dispensation for some notable man emploied in hir Maiesties seruice at home or abroad to reteine for his better maintenance a dignitie ecclesiasticall or a prebend of like nature without his residence in that church or entring into orders which is not fit to be made generall to all which haue not like occasions The dispensation for non residence is verie sildome or neuer granted yet the recouerie of a mans health mortall enmitie of some in his parish against him emploiment in some necessarie scruice or publike calling being of as great or greatèr vtilitie to the church and common-wealth may be sufficient inducements in equitie to grant it for a time The dispensation of Perinde valere may haue a necessarie vse where no right is growne to another person for a man that hath incurred ecclesiasticall censures or is made vncapable by law â—ither to reteine or receine an ecclesiasticall benefice as by misaduenture occasioning the death of a man violating the interdiction suspension or excommunication of the church vnaduisedlie or by succéeding his father in a benefice and such like a number In like maner manie necessarie occasions may happen whie a man should be licènced to be ordeined at some other Bishops hands than where he either dwelleth or was borne or to be ordered deacon and minister both at one time or to solemnize matrimonie though the banes haue not béene thrise publikelie asked in the church or to eat flesh on daies appointed by politike constitutions for fish daies or to abolish the infamie or irregularitie of some profitable man in the church growne by law against him vpon ignorance simplicitie or want of due consideration without wilfull contempt Besides this the statute of 25. H. 8. dooth not alone endow the Archbishop with dispensing but to grant rescripts in diuerse néedfull cases namelie for creation of publike notaries and to grant tuitories for the lawfull and indifferent hearing of such as are by iniurie vpon some great displeasure conceiued too rigorouslie and violentlie handled and sought by an inferiour Ordinarie But it may perhaps be said that if to ground such a Dispensation of iustice a iust cause be required then the reason of the lawe in that case ceaseth and thereby the law also ceaseth therein so that a dispensation is not néedfull To which I answer that albeit the reason of the law doo cease and take
possibilitie prooue that which he intends that no dispensation whatsoeuer in any case may be granted but vpon cause and much lesse that Vrgent necessitie and euident vtilitie be those causes and the onlie causes of all dispensations for his owne author Rebuff reckoneth foure causes of this dispensation Or yet that these causes as he gathereth doo signifie nothing else but The well gouerning of the soules of the people But it is not to be omitted that the Abstractor here contrarie to himselfe afore alloweth of dispensations with such lawes whose reasons are grounded vpon the law of nature or of God yea euen to dispense with that which is Vnlawfullie taken onlie by colour Contrarietie to himselfe of an Vnreasonable custome beeing void in lawe First the refusall to receiue moonks to cure of soules who as an ancient father saith had Officium plangentium non docentium were to moorne not to teach and were in those daies meere laie men or the refusall of any other laie man whomsoeuer is grounded vpon that scripture Let no man minister but he that is lawfullie called as was Aaron and let him not be a yoong scholar Yet I must put the Abstractor in mind that he mistaketh the matter when he thinketh that such had dispensation for the Gouernement of a Ignorance in the Abstractor church with cure of soules they remaining still laie men For Exlaico and Ex monacho doo onlie signifie that it was against the generall canons suddenlie without great cause to prefer such from meere laie men to the order of the ministerie and so to a Bishoprike or other cure of soules before they had serued as clearks in other inferior orders and ministrations For by the opinion of Fisher euen at the common * 21. H. 7. 3. law an act of parlement cannot inable a laie man so remaining to become a parson of a church bicause it is a matter meere spirituall although the parlement as Vauisoure thinketh may take order in such spirituall matters as are mixt with temporall causes Likewise the prohibition of ordering the sonne of a professed nonne is grounded vpon those canons of integritie required in all ecclesiasticall men which are set downe by S. Paule which is greatlie blemished and stained by the fault of such parents As for that generall asseueration which without all proofe or weighing of any circumstances he vseth against all inioyeng of mo benefices as simplie vnprofitable at all times to the church when he shall deliuer his proofes of it shall either be answered or yeelded vnto and in the meane time is as easilie reiected as it is by him boldlie auouched But although it did not carrie with it an vrgent necessitie or euident vtilitie of the church yet hereof it dooth not follow that a dispensation to that end is vnlawfull Bicause he can neuer prooue them to be onlie causes of that dispensation for that the law rehearseth diuerse other causes of dispensations in generall and they are gathered by the glosse vpon that verie canon which in this section he alledgeth A dispensation is granted saith the * Gl. in verb. vt plerisque in fine 1. q. c. requiritis glosse when necessitie or vtilitie requireth Infra eo tali Also sometimes a dispensation is granted bicause a greter euill is feared in which respect the Englishmen were dispensed with 35. q. 3c quaedam lex § quod scripsi Also sometimes for some good to insue as when we dispense with heretikes that other may more easilie returne to the church 23. q. 4. c. ipsapietas Also sometimes for the multitude and for auoiding of offense c. vt constitueretur 50. dist And the same canon rehearseth other considerations and inducements to dispense as mercie pietie in the person the circumstance of time and the euent of the matter Insomuch * that another glosse dooth thus gather When as Gl. in verb. causae c. exigun◠1. q. 7. rigor and extremitie is of one part and mercie of the other the iudge ought rather to follow mercie c. 2. Extra de sortileg l. placuit C. de iudic So that it seemeth a dispensation is a due bicause the precept of mercie is common to all c. non satis 86. dist Which I grant that indeed sometimes it is due the iudge should offend which in that case would not dispense though no law be set downe wherby we may demand a dispensation But bicause both schoolemen and some few lawyers who handle this matter doo varie diuerslie one from another and confusedlie speake concerning the causes of dispensations I doo take it woorth the labor vpon due weieng of all their reasons and allegations to reduce them thus brieflie to an harmonie In Dispensations of méere Grace and fauor which are such as the prince may lawfullie gratifie one man in and denie vnto another as are indenizations legitimations pardoning or remitting the penalties for faults not verie heinous there is not anie a L. 1. ff d◠constit princip it Authent quibus mod natur efficiātur legit quibus modis sui C. de sententiā passis necessitie either in court of conscience or in the ciuill court of man to the dispenser or dispensed that they should proceed vpon anie cause more than of méere bountie of the souereigne prince who onelie hath this authoritie seeing it is to be intended that the people and lawes of euery countrie in these and other small matters haue yéelded this b Arg. l. scioff de minoribus power vnto their souereigne princes But touching those Dispensations which are called of Iustice they are conuersant either about the law of God and nature or about the positiue law of man In the lawes of God and nature there is no relaxation of the bond of them which none but God himselfe may doo yet there may be vpon good grounds a declaration and interpretation that the generalitie of the words doo not in deed extend to some especiall cases As although Gods law doo indefinitelie require credit to be giuen to two witnesses yet is this generalitie by mans law rightlie declared not to haue c c. relatum 1. c. cum esses Ext. de testamentis §. 1. instit d. it place where such two witnesses are but children and haue not atteined the yeares of diseretion to accept of an oth By the law of God it is commanded that he that killeth should himselfe be done to death yet d L. v. vim ff de iust iure ibi gl DD. is this truelie interpreted not to haue place where a man killeth in his owne necessarie defense Yea not onelie in the defense of his person is this thought not vnlawfull but e Iason in d. l. qui dicit eā esse comet Diaz reg 597. also in the defense of his goods although f Felni c. 2. Ext. de homicidio some other not so truelie doo hold in this case the contrarie The generall commandement
author by him vouched dooth directlie decide that A dispensation tending to the profit of the church or vpon necessitie is lawfull And therefore by his owne witnesse which in law he can not refuse the scope drift of his whole treatise is againe ouerthrowne And where he addeth that he which hath taken a small liuing may not in anie case séeke to augment it if his bare words did make law then surelie ecclesiasticall liuings which be but small would hardlie be furnished Yea the reasons which to this end he bringeth are as trulie verified of anie temporall liuing as of ecclesiasticall But what if both the sufficiencie of the ministers gifts by his owne inbustrie and by the blessing of God doo notablie increase and his congregation also be multiplied more and more in people or if his domesticall charge arise by number of children or by their sickenes may he not seeke some augmentation of his liuing Truelie this deuise ioined with that which followeth of driuing ministers to furnish the wants of their maintenance by Some handie craft and labour is an open window to draw them from studie and so to ignorance barbarisme sauage wildnesse contempt with all men and finallie it leuelleth directlie at the ouerthrow of all religion The first place which to this end he quoteth dooth not speake to that purpose whervnto it seemeth to be brought but * 32. q. 5. c. horrendus that Whatsoeuer hath once pleased a man ought not anie more to displease him Now he that hauing too small a liuing to mainteine him seeketh a further supplie by another dooth it not vpon anie mislike of the former And therefore it might better haue beene applied to infer that a man may not of his owne head relinquish his benefice yea it is not generall without his limitations but is speciallie to be vnderstood where by variance in liking a preiudice to another man may rise Which inconuenience if it be met with by the iudgment of the Ordinarie whom the law authoriseth to iudge of the exigence of the cause fit for relinquishment of his former liuing then that rule dooth cease For else should all translations and shiftings froÌ„ one congregation to another vpon sufficient ground both allowed by law and practise of most reformed churches be vtterlie vnlawfull The next being crosse quoted with the former and * c. sanctoruÌ„ 70. dist which he saith is Law in truth dooth varie in verie deed from the canon it selfe which hath nothing tending that waie either of Preiudice growen vnto him that hath receiued a small benefice or of seeking his liuing by his owne craft but onlie thus In what church soeuer a man is intituled vnto in that let him perpetuallie remaine Not as though a man might not vpon some occasion renounce and resigne his benefice into his Ordinaries hands but that he hath it by institution for terme of his life and therefore may not be put out of it against his will without sufficient cause therevnto as may appeare by the glosse That * 21. q. 1. c. 1. part of the next place which requireth a mans continuing in his owne vocation dooth not touch anie thing now in controuersie séeing he which hath two benefices dooth not giue ouer his vocation As to the other part séeming to counsell a poore clerke to labour with his hands for the better supplie of his maintenance by the example of the apostle it séemeth to me not to be spoken of the priests and ministers in chiefe cities but of clearks in inferior orders and degrees whose attendance in such great churches was then in great numbers practised Yet the * Gl. ibid. in verbo necessitatem in â—ine glosse answereth it that Those things were in vse in those daies but not now wherein God had dealt more liberallie with the church and that those things are to be considered according to the qualitie of the person and site of the church seeing that which is sufficient for one is not for another and the custome of the countrie is herein to be obserued And mine interpretation is strengthened by the conference of two or three chapters togither of that distinction which he alledgeth in which a manifest diuersitie may be obserued Inter presbyterum clericum a priest and an inferior clearke For the * c. Presbyter c. Clericus 1. 2. dist 91. priest or minister hath in those canons his taske for the whole daie so limited forth that it will not be possible for him to haue time besides to earne salt to his potage by his handie worke Yea the verie glosse * Gl. in ver minus c. â—i proponente Ext. de rescript per c. de monachiâ— infra de Prebendis whence he borrowed all this furniture at one clap dooth tell him that this course is changed sithence if it had pleased him to haue looked a little lower But saith the glosse a man is not to be instituted except so much be assigned whereby he may be sufficientlie prouided for and be able to paie the duties to the Bishop And by the way the same glosse sheweth that pouertie is some part of a reason whervpon to ground a dispensation for pluralitie though not an entier cause The example of S. Paule may be answered that it is not appliable to these times Bicause the gifts of the Holie-ghost for the furnishing of the worke of the ministerie are not miraculouslie now bestowed as they were then but by the industrie painefull studie and indeuour of the partie Therefore if we should set him to a manuall occupation to gaine some part of his liuing by on the working daies assuredly his mind would be clogged his spirits so dull wearied his inuention so mechanicall and deuoid of pith on the holie-daies that it were as good to kéepe him at hedging and diching or vpon his shopboord still as to put the poore man any more into the pulpit And hereby it will come to passe that if we haue now too manie vnlearned men in the ministerie with whom the Abstractor is so round in his first treatise by this deuise of his we shall haue in short time none else but verie dolts and idiots except he can imagine that men comming from the Uniuersities will be content to be preferred from being Scholers to be scauengers â—roÌ„ Sophisters to be shoomakers from Bachelers to be bakers from Maisters of art other Graduats to be millers or grinders and yet to continue the ministerie still Much like to the contemptuous surmise of Lucian that Alexander the great is preferred to sit on a thrée-footed stoole behind a doore in hell cobling and clowting of old shooes Naie though S. Paule was content in that infancie of the church for auoiding of grudging murmuring to earne some part of his liuing by tent-making that he might thereby spare the churches more and the rather thereby to allure them to liking of that which was not chargeable vnto them yet in sundrie
AN ABSTRACT OF CERTAINE ACTS OF PARLEment of certaine her Maiesties Iniunctions of certaine Canons Constitutions and Synodals prouinciall established in force for the peaceable gouernment of the Church within her Maiesties Dominions and Countries for the most part heretofore vnknowen and vnpractized Cod. de Epis Cler. 1. Nulli licere ⧠Neither let them feare to be called and suspected picke-thanks seeing their faithfulnesse and diligent trauell carrieth with it as well praise as honestie and godly Zeale hauing published the truth to the eares of all men and brought it to the open light PROVERB 31. 8. Open thy mouth for the dumbe in the cause of all the children of destruction To the Christian Reader Thou hast seene beloued by long experience a lamentable contention to haue growen and continued in our English Church about reformation of Ecclesiasticall discipline and popish ceremonies whereby the quiet and peaceable estate both of the Church common wealth haue bene shrewdly troubled and brought in hazard The causes of which war and dissention I leaue to the good consideration of thy godly wisedome onely I am to intreat thee to accept this my labour bestowed vpon the study of the lawes appointed for the gouernance of the same Church hoping that by the authoritie of hir excellent maiestie and the counsaile of the honorable fathers and gouernours of hir highnes empire they may hereafter not onely be better executed but also if the case so require be reuisited For were the same lawes either better knowne vnto the whole Church either better executed by those vnto whome our gracious Soueraigne hath committed their Execution no doubt but very many and notable points of such controuersies as haue bene a long time amongst vs would be easily and speedily by the same lawes decyded I am not beloued in this so waighty a cause absolutely to rest my selfe vpon the skill of mine owne simple iudgement onely according to the knowledge giuen vnto me I haue for my part faithfully laboured to cite the lawe for that ende and purpose wherevnto I take the same to haue bene first ordeined And therefore I am hartely to desire thee to accept of this my labour and trauaile vndertaken not onely for the defence of her highnesse Lawes but also for my brethren and neighbours sakes and that peace and prosperitie might be within the wals and pallaces of Ierusalem Farewel and pray in thy spirit for the preferuation of the life of our gracious Queene ELIZABETH Pag. 1 AN ABSTRACT OF CERTAINE ACTES OF Parlement of her Maiesties Iniunctions Canons and Synodals Prouincial esta blished and in force for the peaceable gouernment of the Church within her Maiesties Domini ons heretofore for the most part vnknowne and vnpractised BY an act of Parliament made the 25. H. 8. C. 19. intituled An act concerning the submission of the Cleargie c. It was enacted as followeth Pag. 2 Prouided also that such Canons constitutions ordinances and Synodals prouinciall being alreadye made which be not contrariant nor repugnant to the lawes statutes and customs of this Realme nor to the domage or hurt of the Kings prerogatiue royall shal now still be vsed and executed as they were before the making of this act c. This act is reuiued 1. Eliza. ca. 1. Out of this act I conclude that all Canons constitutions ordinances synodals prouincial made before this act requiring and commanding a learned Ministerie prohibiting many benefices to be giuen to one man prohibiting ciuil iurisdiction to be in Ecclesiastical men and prohibiting one man to excommunicate for that such Canons c. cannot be contrary or repugnant to the lawes of this Realme nor hurtful to the Kings prerogatiue are in force ought to be executed therfore by this act all the Canons specified in any part of my treatise are in force so by vertue of this act a learned ministerie commanded Pluralities forbidden c. Pag. 3 A LEARNED MINISTERIE A learned Ministerie commanded by the Lawe NIHIL EST. c. There is nothing that may Ex De elect Cap. Nihil est hurt more the Church of God then that men vnworthy are taken to the gouernment of soules VVe therefore willing to apply a medicine to this disease decree by an inuiolable constitution that when any shall be chosen to the gouernment of soules he to whome the confirmation of his election appertaineth diligently examine both the processe of the election and the person elected to the ende that if all things concurre aright he may confirme him in his function For otherwise if any thing shall be vnaduisedly attempted not onely he that is vnworthily promoted but also the vnworthy promoter himselfe shall be punished and if any man shall approoue any of insufficient learning of an vnchast life or not of lawfull age when his negligence herein shall appeare we decree him to be punished thus not onely that he be quite depriued of power to confirme the next successor but least by any meanes he might scape vnpunished that he be also suspended from the commoditie of his owne benefice Out of which constitution these conclusions may briefly thus be gathered 1 Whatsoeuer is hurtfull to the Church of God the same is to be forbidden 2 But it is hurtfull to the Church of God to haue vnworthy men taken to the gouernment of soules 3 Therefore the same is to be forbidden 1 He that cannot worthily execute his office is not to be admitmitted to holy orders and Ecclefiasticall dignities 2 But a man of insufficient learning and of vnhonest conuersation cannot worthily execute his office 3 Therefore such a one is not to be admitted to Ecclesiasticall dignities Pag. 4 IF any iudge the meaning of this Chapter to be onely of superiour Prelats as Archbishops Bishops Abbots or such like elected by some common societie of Canons Monkes Friers or collegiat Priests because of these words Election and Confirmation properly applied to such and not to inferior ministers which are properly sayd to be presented and instituted then is such both diligently to marke the reason of the decree prouiding a remedie against the detriment that might redound to the Church in both cases if for both remedies were not before hand prouided And also to vnderstand that the name of Prelate is by law attributed likewise to euery Parson and Uicar hauing cure of soules Quia quilibet qui praeest â—â—ae animarum dicitur esse Praelatus Euery one that is preferred to the cure D. ex de eleric â—grotant â—â—sud giâ—s lynd Consti de sâ—cra iterâ—nd c. ignorantia vers praelatâ— of soules is named by this name Prelate And also that election and confirmation in and to the superiour functions haue but the very same effect to the obtaining of their promotions that presentation and institution haue to the inferiour Ministers for enioying of their benefices then is such I say to consider all these things together with the ende of the Chapiter where
speciall charge is giuen for inferiour offices And so no doubt he will forthwith conceiue the truth and surcease this furmise for otherwise the decree following shal conuince him manifestly of an errour Pag. 5 PRAESENTI DECRETO c. By this present decre we Bx. de paenit remissio c. cum infirmitas The soule is first to be cured charge and straightly commaund that the Phisitions for the body when they shall be called to any sicke persons they first warne and induce the patients to call for the phisitions of their soules that when they shall haue pronision for spirituall health they may proceede to the more holesome remedie of bodily health considering the cause ceasing the effect likewise ceaseth Here you see the law is generall and extendeth to all in generall as well to poore gentlemen and poore parishioners as to greasie Monkes Friers and Canons seeing the soules of both may he infected and the reasons may be thus gathered 1 That which is most pretious is first to be cured and that which is spiritually diseased is spiritually to be cured 2 But euery mans soule is most pretious and euery mans soule is spiritually diseased 3 Therefore euery mans soule ought first to be cured and euery mans soule ought spiritually to be cured OUt of which conclusion followeth this consequent namely sithence euery soule is spiritually infected and euery soule spiritually infected must be spiritually cured that therefore euery soule ought to haue a spirituall Phisition able to apply a spirituall medicine and to cure his spirituall disease otherwise it were absurd to command that spirituall diseases should be healed without spiritual phisitions appointed to that purpose But this is too too plaine We wil proceed CVM SIT ARS ARTIVM c. Considering the gouernement Ex. de aetat qâ—ualâ— c. penult of soules is an Art of al Arts wee straightly commaund that the bishops either by themselues or by other fit meÌ„ do instruct or diligently informe them that are to be promoted to be Priests touching holie offices and Ecclesiasticall Sacraments how they may be able rightly to celebrate them For if they shall hencefoorth presume to ordaine such as are vnskilfull and ignorant wee decree that both they that do ordaine and they that are ordained be subiect to greeuous punishment For it is a thing more holy especially in the promotion of Cleargie men to haue a fewe good ministers then a great many euil because if the blind lead the blind they both shall fall into the ditch 1 Unskillfull and ignorant men ought not to be admitted to an office wherein greatest knowledge and cunning is required Pag. 6 2 But to the gouernment of mens soules greatest knowledge and greatest cunning is required 3 Therefore to the gouernment of the soules of men vnskillfull and ignorant men are not to be admitted THe first proposition is proued by two reasons the one à comparatis by a comparison the other ab euentu from the euent The second proposition is the reason of the lawe it selfe because the gouernment of soules is ars artium a cunning past all cunnings The former reason which is by way of comparison is euident It is a thing much more holy to haue a litle good then much euill wherevnto agreeth that which is written in the 23. distinction chap. Tales Tales ad ministerium eligantur clerici qui dignè possunt c. Let such Clearks be thosen vnto the ministerie which may worthily handle the Lords Sacraments For it is better to haue a fewe Ministers which may worthily exercise the worke of God then many vnprofitable c. And in like case the Emperour Melius est pauca idoneè effundere D. Cod. De veter lure enuclea l. 55. contrariuam Authen De tabell coll 4. Authen De referen in fiâ—e coll 2. quà m multis inutilibus praegrauari melius est pauca agere cautè quà m multis periculosè interesse multitudo onerosa nihil habet honesti It is better to vtter a fewe things aptly then to burthen men with many things vnprofitably and it is better to doe a fewe things warely then to be conuersant in many things daungerously And a multitude altogether burdensome hath no shew of honestie And againe the Canon concludeth Tutius est ea sine periculo ex necessitate quae legem non habet omittere c. It is more safe to omit those things without danger vpon necessitie which hath no law then that through rashnes condemned by lawe they should not without great danger be vainly conferred Whereas a certain shadow only may appeare in the deede but no truth follow in effect Pag. 7 All which principles by common experience are so wel and familiarly knowne vnto euery one of vs that they neede few colours to paint them out For as touching our foode diet our furniture apparel our pastimes pleasures our busines affaires we can euery mothers son deeme it farre better to haue a litle sweete holesome meate cleanly dressed then many dishes vnsauourly seasoned that a woman fine and neat in simple attyre is more to be commeÌ„ded then one vngainely apparelled in sumptuous robes That a man were beeter to keepe one proper horse or one high flying Fawcon a kilducke then ten resty iades or ten bangling bussards That one discreete painefull and diligent seruant will doe his maister more honestie and get him more lucre and aduantage then twenty idle and loytering merchants And can we be so prouident for our bodily sustenance so vigilant for our earthly pleasures so circumspect for our worldly affaires and shall we be altogether blocks and without all sense of vnderstanding what is most healthfull most pleasant and most profitable for our soules Can we be wise touching the affaires of this life and shall we be foolish for the life to come Can we be heedefull for matters momentanie and of no value or continuance and shall we be heed elesse in matters of eternitie and such as concerne our beatitude for euer If any man thinke that a fewe good ministers wil not serue to bring the people of God vnto God wil he therefore conclude that he may lawfully appoint many Ministers of the deuils culling to bring them to the diuell The second reason is taken from the sequell or euent which might happen if remedie were not sought If the blind lead the blind they both shall fall into the ditch And it hath many other grounds and conclusions of lawe to found it selfe vpon namely Talis debet eligi cuius comparatione caeteri grex dicantur 15. Distine nomine Constitutio Otho quam ad venerabiles Et minister debet esse forma gregis ad quam se debent subditi reformare debent esse ministri in exemplum quasi signa posita ad sagiuandum Pag. 8 Such a man ought to be chosen to haue the charge of a flocke in comparison of whom the multitude he hath to
gouerne may in deede be called a flocke the minister ought to be the forme of the flocke wherevnto the inferior sort ought to reforme themselues the Ministers ought to be examples and as markes for others to shoote at These grounds reasons amongst the greatest part of our ministers haue had no place or intertainment at all but are vtterly turned topsy taruy For where by these Maximes they should be seers where they should goe and slep before others in knowledge as guides to conduct them where they should for their pietie and honest conuersation be paâ—terns for others to square out their actions by where they should be markes for people to ayme and shoote at they be now for the most part cleane contrary euen the very tailings and garbage of the people and such as can scarâ—e say B. to a batledore Markes in deede to aâ—me at but such as the nearer a man should shoote at the more it would be his hinderauce Examples in deede they be but alas such examples as it tueth good men to see how many by them are drawne to vngodlinesse and vnhouestie to Alehouse haunting to dycing to table playing to carding to bowling to beare-bayting yea and that on the Lords day too But I say that notwithstanding these things be thus abused yet the law prescribeth still how they should be better vsed as followeth Pag. 9 LICET CANON c. Although the Canon of Alexander the third our predecessor among other things did ordaine that none 〈◊〉 elect 〈◊〉 canon should take vpon him the gouernment of any parish Church vnlesse he had accomplished the age of 25. yeares and were commendable for his knowledge and honestie yet because in the obseruation of the foresayd Canon many haue shewed themselues negligent VVe by execution of Lawe willing to supply their perillous negligence ordaine by this present decree that none be admitted to the gouernment of any parish Church vnlesse he be fit for his manners for his knowledge and for his age And againe INFERIORA MINISTERIA c. Let no man take vpon him the inferiour ministeries as a Deanrie an Archdeaconrie and others that haue cure of soules annexed neither yet the charge of a parish Church vnlesse hee haue accomplished the age of 15. yeares and be to be approued for his knowledge and conuersation These constitutions do expresly prohibite anie person to be admitted to the gouernement of soules and so to anie parish Church that is not qualified as you heare and why Non conuenit talem alijs praefici in Magistrâ—n qui nondum se nouit esse discipulum It is vnseemely that such a one be appointed a Maister ouer others which as yet hath not knowne himselfe to be a disciple And againe Debet promotus esse literatus quia cum ipse debet alios docere non debeâ—ipse discere He 40. Distine ca. sacerdotes Authen de sanct â—pist §. Damus ff De Decurio 1. honores 3. cap. distin § that is promoted ought to be learned in as much as taking vpon him to teach others himself ought not now to learne And againe Honores munera non ordinationi sed potioribus iniungenda sâ—nâ— Honours and offices are to be giuen to the best approoued and not to an ordination alone And againe Debet promotus omni poscentireddere rationem Hee that is promoted ought to giue a reason to euerie one that asketh And againe Cura animarum debet vigilijs oncrosa esse sollicita Glos consâ—â— Otho cum sâ—â— vâ—â—ste cui comnittitur cureâ— ne pereant subditâ— sed salnentur The charge of soules ought through watchfulnesse to be painful and carefull that he to whom it is committed be diligent to foresee that the people perish not but rather that they may be saued And againe Et qui doctior est sanctior est eligendus And he that is the more learned S. q. 1. Liect ergo and the more holie is to be chosen And euen vpon the selfe-same reason namely that the soules of the people should not be in perill for want of teaching Pag. 10 it is ordained that no Church with cure of soules should be destitute aboue a certaine time prefiyed and limited for the prouision of some man able to guide the people Pag. 11 NE PRO DEFECTV c. Least for want of a Pastour the Ex De elec Ne pro defect rauening Wolfe should destroy the Lord his flocke or that a Widow Church should suffer great hinderance in her substance wee willing in this case both to meete with the perill that might happen Perill of soules the cause vvhy a time is limitted for the placing of a Pastor vvithin certaine moneths to soules and also to prouide for the indemnities of the Churches doe ordaine that a Cathedrall Church or regular Church be be not void aboue three moneths And againe euen for the self-same causes and considerations in the Chapiter Nâ—lli ex de concessio prebend And in the Chapiter Quoniam ex de iure patro It is commaunded that if a lay man or Cleargâ—e man patron of a benefice present not his Clearke the one within sixe moneths the other within foure moneths that then afterwards it shal and may be lawful for the superiour to supplie their negligence and to place one able to go in and out before the people to guide them to teach and instruct them They who by vsurpation exercised authoritie ouer the Lords people did in the time of darkenesse so carefully prouide that the people vnder their pretensed gouernment should not be vnprouided as they imagined of a seer to foresee the daunger that might ensue towards the soules of the people aboue the space of foure or at the most of sixe moneths What excuse now remaineth for them that challenge the like authoritie ouer the people of the Lord in the time of this great light and manifestation of his sonne suffring manie thousand flockes to want sheepherds and so to be in daunger of the Wolfe not onelie sixe moneths but now almost sixe and twentie yeares for so long as they want a sheepherd so long are they in danger of the Wolfe but they want a sheepheard so long as they want one able to gouerne them to exhort and to admonish them to rebuke and comfort them Pavia enim sunt omnion non fieri aut minus ff De verb fâ—â—ni l. 〈◊〉 dificium § profecisse vitè fieri qui minus soluit non soluit perfecisse aedificium videtur qui ita statuit vt in vsu esse possit It is al one in effect whether a thing be not done at all or not rightly and duely done He is saide not to pay at all which payeth lesse than is his due to pay And he is said to haue perfected a building which hath so framed it that it may be inhabited And againe for this purpose euen to auoid the peril of seules the Law prouideth that if anie man
thus Pag. 18 1 Whosoeuer taketh vpon him the office of a teacher amongst the people of God ought alwaies to attend to reading to exhortation and to dwel in the same Pag. 18 2 But the Minister taketh vppon him the office of teaching amongst the people of God 3 Therefore he ought to attend to reading to exhortation and to dwell in the same 1 He that taketh vpon him the office of a teacher amongest the people of God ought to bestow his labour in preaching and in doctrine 2 But a Minister hath taken vpon him the office of a teacher 3 Therefore he ought to bestow his labour in preaching and in doctrine Wherevnto agree diuers other decrees following THe reason why a Prior shoulde haue knowledge and be learned is for that the lawe chargeth him with cure of soules PRIOR AVTEM c. Let the Prior in comparison of the Ex de statut Monacho c. cum ad Moenasterium § prior rest next after the Abbot be a man of power as well in deede as in worde that by his example of life and worde of doctrine he may instruct his brethren in that which is good and draw them from euil hauing zeale of religion according vnto knowledge both to correct and chastise offendours and also to comfort and cherish the obedient Out of which constitution I conclude thus à similibus ad similia From like vnto like 1 Whosoeuer cherisheth and comforteth the obedieÌ„t to the faith and correcteth or improoueth the disobedient must be mightie in word and deede 2 But euerie Minister ought to cherish and comfort the obedient to the faith and to correct improoue the disobedient 3 Therfore euery Minister ought to be mightie in word deed Pag. 19 ANd therefore sithence both in this and in the former constitution the lawe-maker abused the worde of the Lord and applieth it to haue people taught false religion I meane Popish religion for that was the intent of the decrees And seeeing the Chaplaine of the diuell applieth the truth to establish his diuellish doctrine and vnder colour of veritie were so carefull to feede the soules of them that beare his markes with errour superstition and false religion Popish religion Seing I saie the superstitious law maker was so carefull for his superstitious time Our chiefe Prelates who haue not yet abandoned the pollicie of this traiterous law-maker as perillous for the gouernement of the state of the Lordes houshold ouer whom they challenge the gouernement but with tooth naile maintaine this his pollicie to be a pollicie meete for the Lords seruaunts to be guided by what can they ansâ—ere in defence of their wilfull disloyaltie to the Lord in this behalfe The lawe which the enimie vnto the Lord did make in the time of Popery for maintenaunce of popish procurations popish dispensations popish ceremonies popish non residents popish excommunications popish visitations popish paiments of oblations popish courts of faculties popish licences the very same laws and the selfe-same ordinances to serue their owne turnes they turne to the maintenaunce of their prelacies dignities and ministeries vnder the Gospell A reason of these their doings if they were demaunded I coniecture would be this namely that a law appointed by the aduersarie to abuses hauing good grounds may be applied to good vses and that it is not executed now any more as the popish law but as the law appertaining to her Highnesse crowne and regall dignitie being established by the high court of Parlement Pag. 20 Wherein touching the former they saide somewhat if the matter did consist inter pares and not the most highest as it were accusing him that he had not dealt faithfully in his fathers houshold giuing them as perfect a law for the gouernment of his houshold by discipline as by doctrine And yet by their leaues why then should not this law of the enimie last specified nay rather now their owne law hauing better grounds and better reasons for the validity thereof than the lawes mentioned before concerning their prelaties and dignities c. Why I say should not this be as auaileable with them now to exhort the people vnto the truth as it was with the idolaters to exhort vnto lies to dehort now from popery as it was then from the Gospell to instruct men now in the true knowledge of Christ as it was then to teach men the knowledge of Antichrist to correct offendours now against pietie and holie religion as it was then to correct contemners of impietie and prophane religion to comfort and cherish the obedient now to the faith as it was then to comfort and cherish the disobedient to infidelitie and Paganisme Touching the Acts of Parlament sithence they chalenge by them immunitie for the confirmation of their abuses it were requisite for them to giue the seruaunts of the Lorde leaue a little to chalenge as great a priuiledge by the same for the stabishment of the right vse of things through their default yet amisse and out of frame with vs. If the cause of the former in truth and veritie be as good as the cause of the latter in shew and semblance onely yea if it be far better for theirs in truth is starke naught the law authorize for the one indeed that that the same law in appearance onlie approueth for the other If for their fellow seruants sakes they will not be more fauorable vnto their Lord maisters cause yet were it expedient for theÌ„ to be intreated to be more fauorable to the iustice equitie of their owne laws than continually by placing vnable men in the ministery thereby as it were accusing the same of imperfection and insufficiencie Pag. 21 as though it tollerated anie such thing when as in truth it doth nothing lesse euermore speaking as followeth Pag. 22 VERVM QVI. A c. But because after Baptisme amongest Extra Cum de priuilegiis c. mtcr cuÌ„ctas § verum quia other things the propounding of the worde of God is most necessarie vnto saluation whereby the hearers hearing that which is our victorie be instructed in the faith be taught to flee things to be auoided and to followe things to be followed by which such as by sin are fallen do rise againe wee haue great care that such brethren be promoted which by sweete oile of the worde may comfort our subiectes may forbid them sinnes may nippe the wounds of their sins by reprehension and may prouoke and induce them to purge and wipe their offences with bitternes of repeÌ„tance Vnto the execution whereof the knowledge of the lawe of God is required the integritie of life and soule is to be had For it is written Thou hast refused knowledge and I will refuse thee that thou be no Priest vnto me because the lips of the Priests keepe knowledge and they search the law at his mouth For otherwise he can not as his duetie is discerne betweene sinne and sinne c. All which decrees of
times appoynted for fastes VVe declare that that custome as enimie to Ecclesiastical institution is vtterly to be improued And had we not regard vnto the multitude and auncient custome of the land men ordained should not be suffered to minister in orders so taken for with vs men so ordayned should be deposed the ordainors should be depriued of authoritie to ordaine Thirdly touching the presentation of Deacons to be made by the Fol. 1. pag. 2. Fol. 1. 1. Archdeacon or his Deputie and of Ministers by the Archdeacon onely out of many particular lawes this generall Maxime is verified SI PRINCEPS c. If the Prince commit a cause to any Panor in c. fin § is autem nu 5. de offic deleg De offi c. delâ—g l. 6. c. si cui c. fin extra de off c. delâ—gat and commaunde him personally to execute the same if in this case consist publike commoditie this his commissarie can not substitute an other no not euen with consent of parties because where the Prince either couertly or expresly doth make choice of the industrie of any one particular person there the partie so chosen can not surrogate an other For the Prince herein doth personally qualifie the man and giueth to him the forme of his commission An example of this may be thus Suppose that the Treasurership in Paules were voyd and that her highnesse had commaunded the Bishop of London to prouide a fit man for the same roome whether De offic delegat lib. 6. c. si cui ext de offic deleg c. vlt. now the Bishop may commit this his charge to be performed by an other then by himselfe or no And it is answered negatiuely because in the choice of a fit person consisteth great danger and therefore the Bishop being but an executor of her Maiesties pleasure he may not substitute any other But because her highnesse had commaunded the same Bishop of London to haue giuen the same prebend to Lucius Titius whether then might the Bishop in this case subdelegat Archdeacon Sempronius And the answere is affirmatiue that he might for nowe her Maiestie by hir selfe hath nominated the partie to be placed and hath not chosen the Bishops industrie for that purpose and therefore he may assigne this prouision vnto another But it is otherwise where the industrie of a Person is chosen concerning one to be elected for then he may not set ouer that his office to any other Pag. 82 Now then out of these rules and lawes I conclude that sithence it hath pleased the high court of Parlement particularly and expresly by name to make choice of the Archdeacon and hath personally qualified him as their meetest man for this charge chosing the industrie of his owne person in presenting fit men to be made Ministers or of his Deputies in presenting fit men to be made Deacons and forsomuch also as in this action consisteth the publike benefit of the whole Church and on the which hangeth the greatest perill and daunger of the whole Church For these causes I conclude that an Archdeacon onely must ought of necessitie present one to the Bishop to be made a Minister that the Bishop cannot dispence with him in this case and that neither the Bishop neither the Archdeacon neither the partie to be made a Minister neither the Clearks and people present by their consents can alter or transpose any thing herein Publica vtilitas est pars agens Publike ff de pact l. in publicum vtilitie is the partie agent in this businesse and Pacta priuatorum iuri publico non derogant The couenants and agreements of priuate men doth not derogate from common right And if the contrary haue bene practized what may be concluded thereof shall follow immediatly And againe by these proofes you may euidently see that the calling the triall the examination the time the person appointed to present and the age of one to be presented haue not bene things meere contingent but rather essentiall not causas sine quibus non but causes formall to the making of Deacons and Ministers and such causes as being omitted haue bene sufficient causes both to depose from their functions those that haue bene contrarywise ordained and to punish the ordainers for their negligence in that behalfe And therefore that our conguetied Ministers not made according to the order and forme of the statute be in deede and truth no Ministers at all the act it selfe whereby they be made and whereby they challenge their dignities being in deede no act in law hauing no law to approue the same and therefore to be punished by the lawe of man as well for entring into a calling against the law of man as also for prophaning the holy and sacred mysteries of God Pag. 83 For what if respect be had to one or two or foure or mo of the solemnities and circumstances before rehearsed those two perhaps of the least weight and moment as vnto the age the time the Bishops particular interrogatories and the Archdeacons presentation and yet the rest of the greatest weight and importance as their learning their honesty their aptnesse to teach c. be negligently or willfully omitted shall the proceedings by such as please themselues in their owne inuentions and be both Iudges and parties thus in shew and apparance onely supposed to be done by them that are wise and vpright Iustices and whome publike profit ought to moue to the redresse of disorders be reckoned to be done in deede and veritie Yea if all the former solemnities yea euen those also of the least moment and such as in truth might haue bene reputed accidentall rather than substantiall had it pleased the law makers to haue appointed them so haue bene and are oftentimes omitted in the making of Ministers and one neuer called neuer tried neuer examined neuer knowne to the Bishop before that day to be of any vertuous conuersation not qualified as is requisite not learned in the Latine tongue not sufficiently instructed in holy Scriptures as he that came to the Bishop of Winchester to serue in his Diocesse borne at Norwich and made a Minister at Peterborow knew not how many sacraments there were and requested a daies respit to answer the Bishop what the office of a Deacon was not made openly in the face of the Congregation but priuately in the Bishops chamber or chappell not hauing any Sermon not apt to execute his ministery duely not presented by the Archdeacon the Bishop making Ministers at Exceter and his Archdeacon at Oxenford or the Bishop making Ministers at Lichfielde and his Archdeacon of Durham Pag. 48 not moued by the holy Ghost not admitted on a Sunday or holy day not of 24. yeares of age not perswaded of the sufficiencie of the doctrine of the Scriptures to saluation not an example in himselfe and his familie to the flocke of Christ not a Minister of the doctrine and discipline of the Lord Christ not
establishing by act of parlement 25. H. 8. of Canons constitutions ordinances and synodals prouinciall to the intent and in hope to beat vs with our owne weapons and not for any loue or liking he beareth vnto them which he sufficiently bewrayeth in sundrye * Pag. 238. partes of his booke and is sory I dare saye that so much of them is in force And although it cannot be denied but that many of them were published by latter Popes after that See was become the chaire of pestilence a cage of vncleane birds Et postquam ciuitas fidelis facta fuit meretrix yet such amongst them as fight not with the euerlasting worde of GOD or the lawes and customes of this land beeing set downe no doubt by aduise of the best learned lawyers in those times though vnder Antichrists authority and beeing now indenized and made English by the whole church and common-weale in parlement are no more in that regarde to be abandoned than wheate because it was inuented by the heathen goddesse Ceres many good ciuill lawes of the Romanes set out by Paynims and cruell persecutors of Gods saints for no one author of the Pandects is thought to haue beene christian but Gaius or than pretious Stones and gold of Ophir in Salomons time because as some * Goropius thinke they were fet from among the Cannibals eaters of mans flesh and other partes nowe called the West Indies beeing both then and now grosse idolaters And howsoeuer many of the said Canons c doo carrye with them the drosse and superstition of those times beeing promulged for the vpholding of Poperye yet for many points I beleeue all the best heads now in the worlde beeing layd togither and taking no light from thence were not in many yeares able for sinceritie and equitie to set downe the like ordinances in those causes And no maruell seeing they were both vpon mature deliberation of the best lawyers deliuered and were so long in gathering together vpon seuerall occasions from time to time falling out which for the varietie of them no one mans life is possible to haue experience of and therefore â—â—ns wit not able to forecast or prouide for But I muse how this could so escape the criticall and Lynceus eyes of such an Aristarchus as that he which rappeth out so many syllogismes in Barbara and Darij throughout his whole booke should be so ignorant for I will not say it was of malice as in that argument which he maketh the ground-worke to set his whole frame vpon to deliuer vs a Fallax 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by curtaling off in Assumpto a A childish fallacie in his principall reason peece of his Dedium and so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to make Quatuor terminos in his principall syllogisme For although it be confessed on all partes Such canons constitutions c as be not contrariant nor repugnant to the lawes statutes and customes of this Realme nor to the damage or hurte of the Queenes prerogatiue roiall as they were vsed and executed before the making of that act shall nowe still bee vsed and executed yet if hee would haue assumed in his Minor proposition as by the rules of reason and reasoning hee ought to haue doone that those points which he toucheth in his booke were Not repugnant to the customes of this realme but were in vse and execution before the making of that act All which hee cunningly left out then because wee learne by law Quòd facta non praesumuntur matters in fact are not intended to be doone till they be prooued so we would haue put him to his proofe heerein as wee must doo still and in the meane time say that he hath gaped wide to say nothing to the purpose and that in his whole booke he hath talked but not reasoned So that till he can make it appeare that The canons specified in any parte of his treatise are not contrariant or repuguant to the customes of this realme but were vsed and executed before the making of that act hee can not inforce the vse of them now beeing by the act limited to bee vsed and executed no otherwise but as they were before the making of it Which answer might serue without anye more adoo vnto his whole discourse which therfore hangeth no otherwise togither than Scopae dissolute or than a rope of sand Yet wee will not deale so sparingly and peremptorily with the man but will shewe vnto him diuers canons constitutions and synodals prouinciall neither Contrarie nor repugnant to the lawes nor to the damage or hurt of hir Maiesties prerogatiue royall which hauing not by the customes of this realme beene vsed and executed he himselfe being better aduised will not say to be in force of law or now necessarie to be put in vâ—e or practise And although the generall worde of Constitutions put downe in the act may seeme to extend vnto constitutions made by christian emperours for ecclesiasticall persons and matters as the author seemeth to thinke whereof sundry to this purpose might bee brought Pag. 16 yet because it is put after Canons whereof sauing some canons for matter of faith agreed on before by certaine generall counsels there were but fewe set out at that time I doo coniecture uone other constitutions to be ment thereby but such Prouinciall as were gathered together by Lindewood or Nationall as were framed by Ottho and Octobonus and therefore I will not wearie the reader with such superfluous allegations First therefore to begin with the canons collected by Gratian it wyll easilye appeare that there be very many such which are neither repugnant to any lawes that I doo know or haue heard reported for lawes within this land nor hurtfull any way to hir Maiesties royall prerogatiue which yet are by generall custome thereof so long disused that no man can iustlye say they are in force still amongst vs which for breuitie sake I will set downe in as shorte a summarye as I can finde them gathered a De confir dist 5. c. cont That rules of Physike are to be holden as contrary to a diuine state which in some case forbid fasting b Ibid. c. vt ieium c. vt episc That none are to confirme or to bee confirmed but fasting c c. in Synodo dist 4. de Baptismo That baptisme must bee conferred with three dippings into the water d c. peruenâ— dist 3. de feriis That a man may not fast on the Thursday e c. quoniam ibidem That on the Lords day or in the feast of Whitsontide in prayeng wee ought not to kneele f c. ecclesiam 1. dist 1. de feriis That a church may not bee consecrated to holy assemblies wherein a pagan or heathen hath beene buryed g Dist 3. de paenit per totum That publike and solemne penance may not twise be inflicted h 32. q. 1. c. apud S. crimen That women may not sue their
seemeth to mee that the principall scope of the authour of this booke was couertlie to bring the gouernours and gouernement ecclesiasticall of this church of England into contempt hatred and obloquie speciallie with preiudicate and vnwarie readers of it as though the said gouernours were either grossely ignorant or wilfull breakers of lawes canons c in force touched in this booke yet in other points readie enough to put in vre other Canons Constitutions and Synodals prouinciall of like nature which serue better for their purpose If this were not his drift and marke wherat he aimed he would not haue set the article of A learned ministerie by lawe commanded in the vaward and therein haue spent almost halfe his booke whereby belike hée thought simple or affectionate readers would easilie be led to imagine that the chéefe gouernors in our church matters doo hold some opinion to the contrarie thereof tending to the vpholding of ignorance in ministers Wherin let the wise consider what iniurie indignitie vnder hand he hath offered to this church to faine that to be holden mainteined A slanderous insinuation which is not and by ioining héerin with the common enimies the papists and strengthening their hands who also in their seditious bookes doo harpe much vpon the ignorance and dissolutenesse of our clergie And yet howsoeuer some Bishops peraduenture inconsideratelie héeretofore haue laid their hands vpon some verie ignorant ministers which thing neither other godlie men in them nor they in themselues doo afterward like well of his owne conscience I dare saie dooth witnesse vnto him that this church and the godlie gouernors therein doo disallowe an ignorant ministerie doo with all their harts wish it were possible Rebus sic stantibus that euerie parish had a sufficient able preacher And therefore his thicke allegations of canon law as to this purpose are Pag. 239. as he speaketh of the said law else-where Needles bootlesse and footlesse too brought in to no purpose but to puffe vp and to make his booke swell and withall to giue him a plaine song or ground to make his scolding faburden vpon But séeing throughout his discourse vpon the said first article he exacteth of euerie minister more than Mediocrem competentem scientiam immò eminentem and as Pag. 16. it seemeth such as S. Paule propoundeth to euerie minister as a perfect Idaea what is requisite in him which is that he be able to teach sound doctrine to comfort to correct 2. Tim. 3 16. and instruct and to reuince any error and thinketh Grammarians and Poets Philosophers and Rhetoricians though they haue spent many yéeres in the vniuersities Pag. 72. not fit straight-waies to be made Physicians of soules insinuating withall héereby that the Bishops that haue ordered or tollerated any not so perfectlie qualified to haue neglected their dutie c In these respects I saie it had béene more conuenient for him to haue tendered another issue vpon some points in practise of our church rather than thus to haue fought with his own shadowe Et in re minimè dubia testibus vti non necessarijs in séeking to prooue that which no man denieth to be most requisite if it could be brought to passe For the issue ought to haue beene to this or like effect Whether it be simplie vnlawfull that one should be admitted to minister the sacraments which is not sufficientlie enabled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Rom. 15 4. 2. Tim. 3 16. 1. Tim. 3 26. Titus 1 9. that is to deuide the word of GOD aright and is also 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 able to teach the truth and conuince error and to correct sinne and instruct to vertue and good life and to comfort the weake Or else whether it be expedient that all the parishes in England either not able to susteine such a learned minister or for the scarsitie of such so well qualified not able to procure one should be destitute of publike praier and administration of sacraments till such a preacher be procured vnto them or no But séeing it was not for his aduantage to speake to purpose being an easie matter to carrie away the prise where no man striueth it were a sufficient answer to all his first article to yeeld that there ought to be established as néere as possiblie may be a learned ministerie euerie where in the church Yet will it not be amisse a little to looke into his clerkelie proofes héereof and by the way to point at the violent and furious affections wherevnto the sharpenesse of his humour against particulars dooth lead him and also to touch diuers other absurd positions and paradoxes vpon occasion of this treatise by him héere and there interlarded 1. Section Pag. 3 4. AN auncient Father saith that the friends of Iob did handle an euill cause well and cunninglie but Iob hauing a good cause did handle it but slenderly In like maner it fareth with this authour in this section and some other parts of this first article so that except I saw where matter wanteth that he furnisheth out his talke with bitter and earnest words a man would iudge that he dooth but Praeuaricari as the ciuill law calleth it when a man séeming seriouslie to deale against a cause omitteth purposelie what to best purpose might be said and plaieth bootie to betraie the goodnesse of the cause For where he should prooue that the canons doo require such learning in him that is to be made a minister as hée painteth out in diuers parts of this treatise in stead hereof he chooseth to set in the first ranke out of the Decretall De electione the chapter Nihilest in déed to no purpose For the said chapter as he himselfe well perceiued and therefore by preoccupation sought to answer Sed quà m foeliciter perteineth A law wrested onlie to dignities electiue whose elections to the said dignities are to be confirmed by their superiors whether by Bishops Abbats Prouincials of their order or other whosoeuer Now such so to be elected are for the most part before their elections in some clericall orders * Gl. in c. officij tui ver incontin Ext. de electione electi potestate or else there were no colour at all according to later canons for the superior to confirme them the election of their person being otherwise to all intents méerelie void But he saith that What election and confirmation is to superior functions that is presentation and institution for enioieng of inferior benefices Wherein he disputeth not Ad idem for he knoweth that one who is a minister alreadie and of competent gifts to answer in Latine to the articles of religion agréed vpon c can not in this Realme vpon presentation be hindered from institution by the Bishop but he may recouer the benefice by Quare impedit at the common law and therefore this canon can not be in force or be extended to punish the Bishop for instituting such a
him alledged are not to be impeached either by that of pope Adrians or any other like being taken out of the sixt of the Acts of the apostles is vtterlie besides his owne purpose Which is not to shew what is decreed in the word of God in any of these controuersed points but what is by canons constitutions and synodals prouinciall in force amongst vs. And therefore if this of pope Adrians or any other to like effect were not to the hurt of the prerogatiue rosall nor repugnant to the lawes and customes of this realme but had béene put in vre and practise before the making of that statute it might according to our authors foundation stand for law still in this land though it were 25. H. 8. c. 19. not consonant to the word of God Which I bring to shew the authors wandring from his issue and not in any such respect as though this his allegation might otherwise haue serued his turne For it is manifest that it cannot bicause that course of election mentioned in the Acts was not vndertaken for satisfieng of any expresse commandement of Christ but vpon an especiall occasion of a mutinie of the Gréekes against the Hebrues for that their widowes as seeming to be distrusted or contemned were in the administration of the common church stocke ouer-passed whereas the canons brought for proofe of excluding the multitude from elections were not grounded vpon anie one particular occasion but of the nature of the people and exigence of the cause it selfe That of the Acts speaketh of deacons onelie and is not read else-where in all points to haue béene obserued either in a Act. 5. choosing of an apostle of b Act. 2. ministers or of c Titus 1. Bishops There also the whole multitude of the disciples made choise without the apostles who ment thereby to auoid all suspicion of corrupt dealing which two circumstances no man will I hope require in choosing either of a Bishop or minister especiallie that the Bishops and other of the cleargie should be debarred from any stroke in that action séeing therein there cannot be the like cause of suspicion Where by the waie it is not amisse to be obserued how hard it is to kéepe a great multitude in the bounds of moderation séeing the Holie-ghost in the great sinceritie of that church in comparison of our times noteth no lesse where it is said In those daies as the Acts. 6. 1. multitude of the disciples grew there arose a murmuring c. Also that the apostles called them together and prescribed vnto them what they should doo in that point of externall policie and that according to the present occasion offered without any prescript word but onelie by the instinct of Gods spirit Further that the apostles set out the qualities of the men to be chosen but tied them to no certeine forme of election to be obserued neither doo we read what forme of election they then vsed Againe that the disciples were to looke out and choose such as they thought fit to be trusted with the church stocke but the apostles reserue to themselues the appointing of them to their offices if they should be found to be such as were described â—oreouer that the deacons were appointed for the further case of the apostles in some part of their function Lastlie that the disciples presented them to the apostles censures who by imposition of hands did as it were consecrate and authorise them to the function of deaconship Now if by this act our author mind so hard to curbe vp all churches as that he will accuse them to giue A counterbuffe to the Holie-ghost which in their ordinations doo not agrée herewith in all circumstances or if he will tell vs that something extraordinarie was here in this action not to be followed of vs then must he shew by direct scripture what was ordinarie and what extraordinarie least By his owne doctrine he seeme to accuse Christ not to haue dealt faithfullie in his fathers houshold in not giuing a perfect lawe Pag. 20 for gouernement of his church by discipline and must reconcile other places of scripture concerning the like action which doo not agrée in all points with this In the first of the Acts two are presented one is chosen by lot and no imposition of hands is mentioned here seauen are chosen the maner not set downe by the multitude and being presented to the apostles they all appoint them and laie their hands on them In the 14. of the Acts Paule and Barnabas are said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and to haue fasted but no mention is made of the imposition of hands here is no mention of fasting but of imposition of hands Here all the apostles did appoint them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the first to Titus he onelie is willed to appoint priests 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 according as Paule had prescribed vnto him Naie let him shew vnto me any two reformed churches of diuers nations that iumpe in all circumstances hereabouts or any one of them which permitteth this action without intermedling of the chéefe pastors vnto all the disciples or multitude of beléeuers in the said church which yet haue an interest in hauing a good minister But as I take it the chéefe swaie and moderating of such actions are in all other reformed churches in such men to whom this trust is especiallie recommended And hath not likewise for auoiding of sundrie inconueniences the whole church and realme of England by parlement wherevnto euerie man in the eie of the law is said to haue consented reposed this trust in a few choise men of the ecclesiasticall function Euen maister Beza himselfe concerning this place of the Acts dooth saie There is no cause * Lib. confess c. 5. whie hereof any man too curiouslie should prescribe anie speciall rule but if the conscience be vpright it will be easie to set downe what is expedient according to the circumstance of times and places His second reason as it séemeth is grounded of these words of Adrians canon Let no laie or secular prince thrust himselfe into the election of any Bishop Which if they be vnderstood as afore is prooued they ought to be concerning the election and consecration onlie reseruing by good reason as it hath béene alwaies at the common law in this land the licence to elect nomination roiall assent supremacie homage vnto hir Maiestie then is hir Highnes prerogatiue no waie touched nor any thing deriued vnto other which hir Maiestie claimeth to be due vnto hir selfe But to let both Adrian and his canon lie in the dust how can the canon of the councell of Laodicaea which bebarreth multitudes from election of those who are to â—e preferred to the ministerie impeach hir Maiesties prerogatiue Which if it by no meanes can doo then is our authors reason defectiue séeking to ouerthrowe all canons to this purpose bicause the canon of pope Adrian seemeth to him to
memorie and vnderstanding he may not against his will be remooued but is to haue a Coadiutor assigned vnto him at his costs and charges Which thing euen the reformed churches of France in their discipline and policie doo reteine where they haue thus decréed * La discipline de France art 31. Mais ceulx ne seront c But such shall not be deposed which through age infirmitie or other like impediment shall become vnfit to execute their functions In which case their former estate shall be reserued and they shall be recommended to their owne churches to be mainteined and another shal be prouided which shall execute their charge The second part of his answer conteineth one of our authors riddles For what end I beséech you should a man Once allowed be allowed againe and yet disallowed Well the truth is that he was deceiued when he translated Probatus tried as though it had béene Approbatus allowed For * c. cum secundū ampl ver liceat Extra de pro. dign Salsification detected the glosse which detecteth his craftie packing in his answer for which end also he was vnwilling to quote it at all is in this passage thus If the superiour should write to the ordeinour he might not obiect any thing except that were expresselie set downe in the letters bicause he ought to hold them fit for a benefice whome he esteemed fit for orders c. accepimus Ext. de aetat qual But the successor may obiect And so he that was once Approbatus iterum probatur reprobatur allowed is againe tried and disallowed as the physician is Lvt gradatim § reprobari ff de muneribus honoribus c. And a little after saith the glosse But all this is but of fauour bicause we ought not to inquire often of one mans fact L. licèt in fine ff nautae caupones But are we not to presume for the sufficiencie of him that is ordeined An argument that we are is in C. post cessionem Ext. de probat Except the contrarie be prooued But whie should we take knowledge afterward of the ministers fitnes seeing the sentence of the Bishop wherin he pronounced him fit is alreadie passed into the force of a matter adiudged and ouer-ruled beeing not appealed from c. cùm dilecti Ext. de elect We must answer either that all this reexamining is but of speciall fauour or else that this inquirie is onelie made vpon some new cause afterward arising c. 1. Ext. de aetat c. Where we sée both the obiection he bringeth and his answer in part touched but not rested vpon For the glosse here plainelie decideth that a ministers former fitnesse is not after his ordeining no not by the successor of the Bishop that made him to be scanned vpon but either vpon some occasion afterwards newlie happening or by speciall grace or direction to the Bishop from the superior We sée also hereby his wrong translation his leauing out of some part and foisting in of other some and his wilfull falsification of the glosse to serue his turne and humor And to this decision of the glosse that a Bishop may not deuest one of his liuing in regard of insufficiencie that is once allowed agréeth Bartol as he is alledged by * Panor in c. vlt. infine Ext. de aetat qualit facit ad hoc c. accepimus Ext. d. Panormitane If saith Panormitane it be afterward spied out that the minister is verie ignorant may the Bishop take awaie his prebend Bartolus saith he may not Modò sciat officium so that he can saie masse and alledgeth to this end c. quando c. qui ipsis c. sequens 38. distinct And therefore to conclude as the author dooth but yet to another end it behooueth all that be in authoritie in manie respects to sée hir Maiesties lawes strictlie executed against such yokelesse and fanaticall spirits as this who vnder colour and pretense of lawes in force which he cannot prooue otherwise than you haue heard dooth inforce most dangerous innouations in this church and most dishonorable to hir Maiesties renowmed gouernement hitherto as well for matters as persons ecclesiasticall who debaseth with might and maine and whetteth mens toongs at the least against all that execute or conforme themselues to hir Maiesties godlie procéedings in church gouernement and externall policie who magnifieth and extolleth the contrarie faction and who not obscurelie Slilie or couertlie but euen plainlie notwithstanding his apologie now insuing bereaueth vs as much as his poore spite will serue him almost wholie of a lawfull ministerie in England And I praie God that by better weights than these which he bringeth and by a more exact touch both the sufficiencie of our ministers may be tried and also for the better incouragement of more able men for that function hereafter the liuings allotted to the ecclesiasticall state may rather be increased than by corruption and sinister deuises gelded and shredded by foxes and wild bores out of the wood that destroie the vineyard and by Nimrods and mightie hunters of Gods people For it hath béene and alwaies will be true Honos alit artes And where rewards of learning doo in number or quantitie decaie there learning it selfe will not with like alacritie to any ripenes be pursued The want of which rewards of learning in that respect with lamentable experience and too late repentance some countries alreadie doo taste and are like more and more to feele hereafter 46. Section Pag. 92 93 94 95. NDw as though some other better staied man pitieng the former follies and vndutifull lauish speaches of our anthor and seeking to qualifie them in part as not so hardlie ment as the words doo import had stepped héere into plaic and taken the matter in hand are we come to a more calme and temperate apologie not so much of any good loue as for feare it Might otherwise be vnto him dangerous as well as it is offensiue to others Whereby for the wounding of manie weake consciences readie to take offense vpon lighter occasions than these for the calling of the whole state ecclesiasticall into hazard of their ministerie and liuings we shall haue of him onelie a plaister of a few glosing words to make amends for all Nothing else but protesting in effect that he is not so farre gone in these conceits as some of the same haire are who doo run so far that except they quicklie staie they may perhaps with good desert run themselues of a sudden out of breath I will therfore bréeflie examine how he auoideth that which hath béen so necessarilie gathered of his former spéeches which is that according to his construction it may happen euen the best men we haue to be destitute of any lawfull calling into the ministerie But in this section before he come so farre he maketh a kind of confession whereby he séemeth fit to be taken at his word as being presentlie in a reasonable good mind First He confesseth wee
haue a true church in England wherby it appeareth he taketh such for no Honest poore men nor the Lords watchmen which say we haue scarse the face of a true church in England Next he acknowledgeth Hir Maiesties lawfull and sole souereigne gouernement ouer all causes and persons whervpon may be gathered he was not well aduised afore in séeking The authors inconstancie to establish popular elections of ministers where vpon of consequence would follow as also no lesse is included in the generalitie of his proofs that Bishops and Deanes nominations shall be attributed also from hir Daiestie vnto the people nor yet when he made the contempt of obeieng hir Daiesties lawes concerning indifferent rites and ceremonies a commendable thing in them as procéeding Of conscience and of feare to offend GOD in any small thing For in what causes ecclesiasticall can hir Highnesse lawfull gouernement be exercised and bestowed if with a good conscience and without offense of God shée may be disobeied in matters méerelie indifferent He goeth on and confesseth That hir Maiestie ought to put in execution according to the prescript rule of Gods word the doctrines deliuered by the ministers for abolishing of all and all maner superstitions and abuses reteined in the church and for the establishing of a perfect gouernment of it Whereby we may sée how hard it is for a cat of mountaine to change his spots or a Morian his tanned hue or for him to plaie a little vpon his old by-asse For dooth he not héere in a manner plainelie condemne hir Haiestie Factious speaches not to haue doone as the Ought nor according to the prescript rule of Gods word Dooth he not insinuate the perfect gouernment of the church not to be yet established And dooth he not expresselie saie that Superstitions and abuses are reteined in the church D wicked and vngratefull wretches to the Daiestie of God and to his lieutenant the Duéenes Highnesse which in regard of so manie and so manifold blessings by hir ministerie bestowed doo recompense and requite them with repining and with slander in this maner Non sic fecit Deus omni nationi who make vs all thankefull for them The other three members of his spéech and confession in this place touching the ministers duetie towards magistrate and people of the peoples obedience to the magistrats and ministers and of the concurrence of the ministers instruction with the magistrats authoritie in the gouernement of the church though no more than of the rest I can sée how they are incident to this treatise yet I doo not perceiue any cause whie they should be reiected Neuerthelesse if the minister as doubting of the lawfulnesse of his owne externall calling and the magistrate and people as surmising him to haue runne before he was sent should beéeue our author in his former nice points about ordinations I cannot coniecture that either the minister with any couragious spirit can discharge this dutie or that the magistrate and people can or will regard that which he speaketh as they ought to doo from the mouth of him that is Gods true ambassador vnto them or yéeld vnto their maintenance their tithes and other duties trulie and faithfullie as they ought The examples which he here bringeth though some of them sound suspiciouslie considering from whome they procéed are méere apologeticall tending to prooue that the ministers and people may not of their own head without the princes authoritie séeke to execute any reformation and thereby to purge our author from the suspicion of the traitorous heresie of certeine late pestilent Sectaries But his repining and mutinous doubting with his Ifs and And 's which he casteth in the necke of his former apologie whereby like Scyria capra he ouerturneth the milke with his heele that afore he yéelved dooth be wraie his discontented mind and slender estimation he carrieth of the godlie reformation established by hir Maiestie For what else doo these voices yéeld If hir Maiesties eies be not Seditious speeches and vndutifull yet opened if some blemishes and blots remaine in hir gouernement if councellors be hired to trouble the building all the daies of Cyrus if the wals must be reedified by Eliashib if the church must tarrie Gods leisure if any other glorious purpose be to worke in our daies by hir Highnesse but to fill vnstable heads of the people to whom this booke was especiallie addressed with buzzing of dislike to things present and hope of alterations and new fangled innouations hereafter Which conceits cannot tend any waies to hir Daiesties honour nor worke to the securitie and quiet of the realme And those which haue so quezie and squemish stomachs at the state present ioined with such an esseminate longing and Absurd appetite of restlesse and endlesse alternations in church matters I praie God they haue not cause with the first neuer to haue wished change nor that they euer sée the time wherein they would with all their hearts desire with fauour and libertie of conscience to enioie that forme of liturgie ecclesiasticall policie and church gouernement which by the mercies of God and hir Daiesties ministerie are now planted in this church if they might hope to atteine it Bonum non fruendo sed carendo redditur charius 47. Section Pag. 95 96 97. THus hauing shewed some part of his former Apologie and protestation to be verie doubtfullie deliuered and both that and other his spéeches afore to be verie Offensiue vnto manie and therefore that which his guiltie conscience telleth him Might haue beene dangerous to his person is not yet ouerblowne or auoided we are now come to his purgation of that which might and hath béene obiected that he Insinuateth indeed no lawfull ministerie to be in England But he confesseth now That euerie one meet and apt to teach that euerie one qualified as is requisite that euerie one mooued inwardlie by the Holie-ghost and outwardlie called and appointed by the Bishop hauing authoritie by the order of this church of England is indeed and by law a minister If these be spoken distributiuelie as the word Euerie and the Intersections by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 doo import then hath he established some a minister without Outward calling so he be otherwise qualified as is requisite then may a man be qualified as is requisite thereto being not apt to teach nor inwardlie mooued vnto it by the Holie-ghost or outwardlie called appointed by the Bishop And what if he after this mans construction haue not Authoritie by th' order of this church of England as not hauing béene consecrated by such a B. as was consecrated according to th' order of the booke established Which our author maketh so necessarie as that he reasoneth afore out of the words of the statute negatiuelie to wit none to be a Bishop priest or deacon but such as Pag. 77. were consecrated and ordered according to the forme and maner of that booke but admitting them to be taken iointlie
which scepter subdueth people vnto vs and the nations vnder our feet Moreouer speaking of hir Maiesties souereigntie in causes ecclesiasticall he saith The head Christ is pulled downe and the hand of the magistrate is set vp But as we haue now séene their ioint accord in taking from princes and throwing them downe from that power in ecclesiasticall gouernement where with all God hath adorned them so let vs consider how much naie hold little some of them doo attribute vnto princes in this behalfe For although our Abstractor who can temporise and plaie the part of a politike proctor of Presbyterie patrones a Pag. 92. dooth saie That hir Maiestie is a souereigne a sole and a lawfull gouernesse in all causes and ouer all persons ecclesiasticall yet other of them whome he loues and likes full well I dare saie doo b T. C. giue authoritie vnto princes to make ecclesiasticall decrées onlie when there is no lawfull ministerie Notwithstanding others of them c Admo 2. pag. 8. 57. thinke they may yéeld no further power vnto princes than to bind them to the restoring of their ecclesiasticall presbyteries that after that once performed they themselues may make vp their church-orders according vnto which the reformed churches in France doo attribute no more to the ciuill magistrate here in but d Art 24. de la discipline du France that Where the ministers doo saile in dutie there he must endeuour to cause them to be admonished according to the order of the discipline that is by the Consistories the Conferences and Synods either Prouinciall or Nationall Therefore e Danaeus par 2. Isag li. 2. cap. 17. one of them saith that This is the interest which good and faithfull magistrates haue that if they be present at the first nomination and election of ecclesiasticall persons yet they ought not to rule there For they may not nominate to the people or senate ecclesiasticall the persons to be chosen But a Ibid. ca. 19. in another place he confesseth that in old time the kings consent was required to be had vnto the Bishop which was chosen Bernard epist. 170. c. Reatina dist 63. before he was presented to the people And in the same place he addeth That when the Bishops See is void the prince ought not to enjoy the fruits of the Bishoprike Which saith he though by the royall prerogatiue it be obserued in France Yet Bernard epist. 224. dooth iustlie find fault with it because the said fruits might better be disposed of to the nourishment of the poore Yet one of our b Disciplina ecclesiast owne men dealeth a little more liberallie and saith Herein there is something proper and peculiar to the magistrats that they by their authoritie may order the state of the church at first and so preserue it being once ordered according to Gods will So that their meaning séemeth to be this that the prince must lend hir authoritie for the establishing of these their deuises and sée that no man interrupt them in their gouernement from time to time and so surcease and submit hir owne Highnesse and hir scepter in all church mattes to be ruled by the substantiall honest men and the minister of the parish where it shall happen hir Maiestie for the time to remaine For otherwise c T. C. 2. repl pag. 165. one of the chiefe of them is peremptorie and resolute that the prince hath not nor ought to haue any ordinarie authoritie for the making appointing or determining of any ecclesiasticall causes orders or ceremonies Whereby it may appeare that this whole sute of them doo agrée herein iust with the Papists who doo attribute vnto christian princes Power of fact but not of law and authoritie to Promote and set forward but not To appoint or intermedle with making of ecclesiasticall orders And yet forsooth they doo tell vs in great earness d Admon 2. pag. 2. that There is nothing in their bookes written of this matter that should offend any which either be or would seeme to be godlie Now about those that are to be implosed in this new kind of church gouernement there are diuerse opinions for the Discipline of France dooth a Des professeurs en la discipl de France mention certeine Regents and also Professors in diuinitie which may be called when a question about decision of any point of doctrine dooth arise neither of which persons or offices are mentioned in anie of our platformes that I remember Againe our b Admon 1. pag. 9. men doo make ministers to be of two sorts the one pastors and the other doctors so that both these two must concurre as necessarie members wherevpon with the elders and deacons their presbyterie must be raised but c Du Baptesine art 3. La discipl de France the Discipline of France maketh not a distinct person of the pastor from the doctor but noteth them as two seuerall properties incident according to the doctrine of S. Paule to be in a minister and preacher of the word And that is also the iudgement of Bullinger vpon the 4. to the Ephesians Also our reformers make the doctor to be the second man in their presbyterie yet d De eccles cap. 14. Bertrand affirmeth he ought to haue no place there except he be called by the rest as an Assistant e Admon 1. pag. 9. 11. Likewise our men with vs doo hold that deacons are to be placed in their consistories and presbyteries but the f Ibidem said Bertrand assureth himselfe they haue no place of dutie in that assemblie And such also is the practise of the church of France g Du consistoire art 4. le discipl d◠France where they decree thus The ministers of the word of God and the anciens doo make the consistorie of the church ouer which the said ministers ought to be praesidents and yet neuerthelesse the deacons may giue assistance to the consistorie for aduise vnto it so that they allow them a voice consultatiue but not decisiue in their church gouernement Furthermore our innouators will needs haue the deacons tied to the prouision for the poore so that without great impietie such a function in them may not by any other deuise whatsoeuer be altered yet h Simlerus fol. 752. in the reformed church of Zurike certeine late men without any imposition of hands are monethlie chosen for that purpose and haue the managing of the church stocke a T. C. pa. 192 Some of the principall inforcers of this new gouernement will néeds haue an order of widowes in their church plat And b Dane part 2. Isagog lib. 2. ca. 11. another of their fauourers though he setteth downe no necessitie thereof yet he thinketh it verie commodious to be reteined yet c Eccles discipl pag. 219 other of them not meanclie accompted of would persuade vs as he may herein easilie doo that they neither are necessarie
now nor conuenient Likewise our men doo tell vs that their elders or seniors once chosen are not but vpon some vrgent occasion to be remoued out of the presbyterie yet d Simlerus fol. 157. the church at Berna holdeth it expedient that none doo continue in that function aboue halfe a yeare except he be newlie elected And the discipline set foorth by the church of France dooth e Des anciens diacres art 7. la discipl de France testifie that The office of anciens and deacons as they vse it at this present is not perpetuall neuerthelesse they may not depart from their charges without leaue of their churches And f Danae part 2. Isag lib. 2. cap. 22. another of them saith that Although it doth not appeare what was done in this behalfe in the church when the apostles liued and albeit it be euident that in the church next to the apostles times presbyteri and deacons were chosen during life yet in their church pastors onelie are chosen for the most part for the terme of their life but deacons and presbyteri or seniors after a certeine time expired doo go forth of their office and are honestlie dismissed Furthermore g T. C. our men doo constantlie affirme that this their deuised presbyterie ought to be exected in euerie parish but another that did h Bucer partlie like of such a reformation thinketh it sufficient to haue one such consistorie established in euerie shire or diocesse And i Danae part 2. Isag lib. 2. ca. 10. Danaeus saith that in old time such presbyteries were not exected in euerie seuerall parish but in great and populous cities Which like course also somewhere to haue béene practised manie doo know and can testifie Yea and of the other side we doo read that in some one particular * Du consistoire art 8. lae discipl de France church two seuerall consistories or councels haue béene established till vpon inconueniences arising that deuise was countermanded and both reduced into one presbyterie those councels which were dissolued being permitted vpon request made to come and consult with the consistorie But now I will passe on to touch as brieslie as I can some of their iudgements touching such matters as are to be handled in their presbyteries consisting in election and abdication of church-officers in execution of the censures of the church and in decision of matters touching maners or doctrine and making of lawes orders and ceremonies Now a Admon 2. pa. 14. 31. by the platforme set downe by our reformers if anie partie stand discontented with a matter passed in the presbyterie then there lieth an appellation to the next Conference which b La discip France art 15. consisteth as the French discipline describeth of six ministers at the least from thence to a Prouinciall councell and then to a Nationall and if it can not be so finished and be also of great importance it may be againe remoued to a Generall councell But the discipline of France dooth not thinke it meet that any cause should be brought so far and therefore c Des Synodes nationaulx art 5. la discipl de France decideth that the Nationall Synod may decide definitiuelie all ecclesiasticall matters whatsoeuer And as concerning the first point although it be most euident that no one vniforme manner of electing of ecclesiasticall officers was vsed by the Apostles nor commanded to the church afterwards so that the church is left at libertie to practise that forme herein which shall séeme most conuenient considering the circumstances of time persons place yet d Admon 2. pag. 14. our Innouators doo appoint necessarilie the choise and prouiding of a pastor or doctor to rest in the next Conference whom being presented vnto them the people are of necessitie to like and allow of except there may be sufficient matter obiected against them But the discipline of France though e La discipl de France art 5. it allow euen of such ministers so they will subscribe to the articles of faith the booke of discipline as haue béene chosen by the whole multitude and f Ibid. art 4. of those ministers also that were before that time chosen by the consistorie and by one onelie minister yet they g Ibidem set downe thrée other ordinarie formes to be obserued of choosing their ministers all differing from our mens platforme One is by two or thrée ministers and the consistorie another is by the whole Conference where anie such is established with the Consistorie or Presbyterie of the place and the third as most to be wished where it may be had is by a prouinciall councell But our Abstractor varieth in conceit from all these and pricketh neerest to the platforme of Th' Anabaptists who thinke no calling into the ministerie to be according to the will of God but that which is done by the whole multitude of that congregation where he is to serue And therefore he * Abstract pa. 60. 61. 62. saith that By the statute law of this land by canon law yea and by Gods ordinance in the apostles when the deacons were chosen the people of the place destitute of a pastor must be present and giue their consent at the choise of their minister that they must giue their consents as hauing a principall interests in the action and must not onelie be eie-witnesses and eare-witnesses to the Bishops vpright dealing but also must be agents and cohelpers themselues that they haue in the choise allowance and appointment of their minister a speciall interest and prerogatiue in so much that he which thinketh this may receiue by any a counterbuffe he for his part holdeth him accursed and so vtterlie vnworthie the name of a disciple By which peremptorie and definitiue doome he hath giuen a buffe and acounterbuffe indeed not onelie to this church of England but to all our new reformers here to the French church and almost to all the reformed churches in christendome whereof verie few or none that can read of doo permit after they be once established the election of the minister vnto the whole multitude for the which cause they must remaine vnder his cursse till it shall please him of his owne meere motion without anie sute of theirs to release them againe For some * Danae par 2 Isag li. ca. 17. other of the best learned of that sort will not haue the magistrate or people to haue anie thing to doo in the election till it come to the second election or dâ—â—udication by the magistrate and the people wherein * Ibid. cap. 20. their silence he saith without anie other signe or token shall be holden for a sufficient approbation * Ibid. cap. 19. and although he thinketh it in some respects not to be vsed that two or three should be propounded to the church for the void place but rather one alone contrarie indeed to the true nature of an
benefices Againe QVIAINTANTVM c. Because the ambition of some Extrauag de preâ—end quia in tantum hath spread it selfe fo farre as that they are said to haue not onely tvvo or three but many Churches being not able duly to serue tvvo vve vvith the consent of our brethren fellow Bishops coÌ„mand that this be reformed And because the multitude of prebends eueÌ„ an enimie to the Canons is an occasioÌ„ of a dissolute gadding ministerie and conteineth a manifest perill of soules vve vvil therfore prouide to supply the vvaÌ„t of such as are able to do seruice in the Church The reasons of which decree may thus be framed 1 Whatsoeuer is or may be a meane to maintaine ambition is Pag. 109. not to be tollerated 2 But for one man to haue many benefices is a meane to maintaine ambition 3 Therfore for one man to haue many benefices is not to be tollerated 1 Whatsoeuer ministereth matter for a gadding roaging and dissolute ministerie is not to be tollerated 2 But for one man to haue many benefices ministreth matter for a gadding a roaging and a dissolute ministerie 3 Therefore for one man to haue many benefices is not to be tollerated 1 Whatsoeuer containeth perill of soules is not to be tollerated 2 But for one man to haue many benefices containeth perill of soules 3 Therefore for one man to haue many benefices is not to be tollerated 1 Whatsoeuer is cause that such as are able to doe seruice in the Church doe want and so are kept backe from doing the Church good is not to be tollerated 2 But for one man to haue many benefices is a cause that diuerse able to doe seruice in the Church doe want and so are kept from doing good 3 Therefore for one man to haue many benefices is not to be tollerated Againe VNDE CVM IN EODEM c. Sithence therefore it Extrauag de elestio ca. dudum 2. vnde c. Ex trauag de prebeÌ„d ca. de multa is ordained in the same counsell that whosoeuer shall receiue anie benefice vvith cure of soule aunexed if before he obtained the like benefice should by lavv it self be depriued of the same and should also be spoiled of the second 〈◊〉 case he contended Pag. 110. to holde the first the foresaid elected notvvithstanding breaking these ordinances by the pluralitie of benefices doth incurre himselfe these vices vvhich he should improue in others euen couetousnesse breach of lavv And by retaining benefices vvhich belong not vnto him forsomuch as vpon the receit of a second benefice the former by lavv is meerely voide hee hath by consequence contracted another mans goods so committed theft or rauine he retaineth moreouer the said Parish churches both to the detriment of his ovvne saluation and the health of other mens soules forsomuch as he being by lavve it selfe depriued froÌ„ these benefices the cure of their soules did no more belong vnto him and so were they damnably deceiued Out of which constitution one other conclusion may thus be gathered 1 Uniustly to take that which belongeth to another man and so after a sort to commit theft or rauine is vnlawfull and not to be tollerated 2 But he that hath manie benefices doth by vniust meanes take to himselfe that which belongeth vnto another and therefore after a sorte committeth thefte or rauine 3 Therefore c. Pag. 111 ECCLESIASTICI IVRIS officia singulis quibusque personis 89. Distinc c. singula sigillatim committi iubemus c. We command saith hee that singular offices belonging to the right of the Church bee committed seuerallie to singular persons For as in one bodie vve haue manie members and all members haue not one office so in the bodie of the Church there are manie members according to the true saying of S. Paule in one and the same spirituall bodie this office is to be committed to one and that office to another neither is the charge of tvvo things to be coÌ„mitted at one time to any one person be the said persoÌ„ neuer so cunning or expert For if all vvere the eie vvhere vvere then the hearing For as the varietie of the meÌ„bers hauing diuerse offices both kepeth the strength of the bodie and preserueth the beautie thereof Euen so diuers persons hauing diuers fuÌ„ctions distributed vnto them make manifest the strength comelinesse of the vvhole Church And as it is an vncomelie thing in the bodie of man that one member should do his fellovv members office Euen so is it hurtfull and most vvicked vvhere the ministerie and fuÌ„ction of seueral things shall not be distributed to so manie seuerall persons And in another Chapter Lâ—â—â—o elder haue tvvo Churches both because it is 16. q. 7. c. per Laicos in fi a proper kind of merchandise and filthie gaine and also altogether contrarie to the custome of the Church From whence I conclude thus 1 whatsoeuer is contrarie to a good custome of the Church is not to be tollerated 2 But for one Clarke to be placed in two benefices is contrarie to the good custome of the Church 3 Therefore for one Clarke to be placed c. 1 whatsoeuer is a proper kinde of merchaundise and filthie gaine is to be auoided in the Church 2 But for one man to haue many benefices is a proper kind of merchandise and filthie gaine 3 Therefore c. 1 Whatsoeuer is vndecent and vncomelie in the Church is vnlawfull 2 But for one man to be placed in two benefices is vndecent and vncomelie 3 Therfore for one man to be placed in two benefices is vnlawfull BEside these Canons there are manie mo establishing the not hauing of many benefices for one men but to recite all were a labour superfluous considering the effect of al is contained in these And yet Octobones prouinciall constitution wherein diuerse other absurdities then wherof mention hath bene yet made against the vnlawful retinue of many benefices are expreslie alleadged is not amisse to be repeated who saith as followeth Pag. 112 EX HIS AVTEM c. VVe suffice not to speake hovv Octob. de inst seu collat ca â— great euils proceed out of these pluralities vnto the Church For by theÌ„ the honestie of the church is defiled Authoritie is naught set by the faith of Christ is troden vnder foote loue is banished the hope of the poore expecting anie voide benefice is frustrate The miserable blind sinner boasting himselfe as a guide doth not so much receiue as steale that that belongeth not vnto him Among the rich themselues also strises and contentions arise braules enuies are nourished And for this cause vve chiefly feare the fire of God his vvrath to haue bene kindled against men of such rule for the offences of some to haue sent a feare or reuenge against all and vvhilest vve see nothing so perillous vve feare such or grieuouser things in time to come vnlesse God by his mercie respecting
that no perpetuall dispensation for receiuing of Ecclesiasticall fruits be graunted no not by the Pope himselfe And there is expresse mention made of him that shall not be resident vppon one of his Churches that shall be student in anie schools of learning that shall be absent from his benefice either at the court of Rome or at anie other place whatsoeuer that euen such a one shall not haue anie perpetuitie by Dispensation thereby to receiue the fruites and profites of the Church from the which for anie of those foresayd respectes he may be absent Therefore against perpetuities of Piuralities out of the Chapiter Is etiam and out of the Chapter Quia before rehearsed I conclude thus 1. Euery Dispensation graunted for the enioying of the fruites of any parish Church without limitation of a certaine time is a voyde Dispensation 2 But euery Dispensation graunted for the perpetuall receiuing of the fruites of any Parish Church is a Dispensation without limitation of a certaine time 3 Therefore euery such perpetuall Dispensation is a voyde Dispensation Pag. 149 THE first Proposition of this Syllogisme is the Position of the law it selfe The Minor is most plaine For whatsoeuer is perpetuall the same can not be limitted and whatsoeuer is limitted the same can not be perpetuall And this perpetuitie in this case as I sayde before hath euermore relation to the terme of lyfe because he is saide to haue a perpetuitie in a benefice that hath a benefice for terme of lyfe And to take away all sinister and double dealing in this action you shall vnderstand that a dispensation graunted once for seuen yeares at the ende of the sayde seuen yeares may not be renued and reiterated for so at the ende of euery seuen yeares a new dispensation being had in effect a perpetuall dispensation might be tolierated and so a man by fraude and couin might enioy that from the which by equitie and law he is altogether secluded which fraudulent and disorderly dealing by certaine general principles and rules in law is absolutely prohibited The maximes are these Ne statutum ipsum fiat ludibrio debitoque frustretur effectu non rebus sed verbis cum sit potius contrarlum faciendum lex imposit a De diuor c quaÌ„to § fi de elec comiss l. 6. Extr. de regni iurâ—c cum quod ff de ver ad ciuili perti l. li. § 1. videatur nullatenus ea vice poterit iterato conferri Quod directè prohibetur indirectè non conceditur cum quod vna via prohibetur alicui ad id alia via non debet admitti quod quis in persona sua facero prohibeltur id per subsectam personam exercere non debet That the statute it selfe may not be deluded and frustrated of hir due effect and that the law may seeme to be made not for thinges but for wordes when the contrary is rather to be done it may not by any meanes be againe the second time conferred And that which is directly prohibited is not by an other way indirectly to be suffered whensoeuer a thing is forbidden any man one way the same man ought not to be admitted to the same thing an other way And that which a man is forbidden to doc in his owne person he ought not to exercise by a substituted person So that once againe I saie if it might please God to stirre vp the hearts of her Highnesse Commissioners to haue a mature and deliberate consideration of the statute before mentioned they shal find matter sufficient to pronounce a great number of licences faculties and dispensations by law to be meerly voide and of none effect Pag. 150 And so manie benefices to be void and in the hands of her Highnesse vnto whome by lapse right hath accrued to present For by that statute the Archbishoppe hath no power or authoritie to graunt anie other licence facultie tolleration or dispensation then such as before the making of the statute was vsed and accustomed to be had and obtained at the sea of Rome or by authoritie thereof But no licence facultie tolleration or dispensation before that time was had or obtained at the sea of Rome or by authoritie thereof for the Fruits of anie Parish church by way of anie kinde or manner of anie perpetuall dispensation or for anie longer time than for seauen yeares onelie as appeareth by the former Canons and constitutions therefore none other ought heeretofore to haue beene graunted neither though they haue beene graunted are they effectuall or auaileable being graunted A non iudice contra formam iuris scripti ff quod vi aut clam l. prohiberi § plane Extra de reb eccle non alienam c. by one that is no Iudge and against the forme of lawe written Iudex non potest vltra facere quam ei concessum est a lege vel consuetudine A Iudge may not doe beyond that that is graunted him by lawe or custome It is forbidden that Church goods shoulde be alienated without a cause or without authoritie of the superiour If therefore anie alienation be made of Church goodes without a cause and not by authoritie of the superiour the alienation is voide Quae contra ius fiunt debent pro infectis haberi Things done contrarie to law ought to be Cod de leg l. non dubium Cod de pre cib imper offerrend l. 1. accounted as things vndone And againe Sufficit legislatorem aliquid prohibuisse licet non adiecerit si contra factum fuerit non valere It is sufficient that the lawe maker forbidde though hee shall not adde that the thing done contrarie to his prohibition shall be void And againe Pag. 151 Imperiali constitutum est sanctione aperte vt ea quae coÌ„tra legeÌ„ fiunt non soluÌ„ inutilia sed etiam pro infectis habenda sint It is plainly decreed by an imperiall constitution that the things done against the lawes are not onelie vnprofitable but also are to be accounted for things vndone And thus much concerning the causes and circumstances of dispensations for manie benefices It followeth then in the description of a dispensation Glos Extra uagan de pre bend dig c. â—â—â—erabilis ver vltimae as you haue seene that the same ought to be graunted cum causae cognitione with knowledge of the cause the reason is this Duo sunt in dispensatione necessaria authoritas dispensantis fastum per quod dispensatur Nam in quolibet actu considerari debent duo factum modus Two things are necessarie in a dispensation authoritie of the dispenser and the fact whereby he shall dispeace For in euerie act two things are to bee considered the fact and the manner of the fact And therefore a Magistrate hauing authoritie to dispence ought not vpon the bare affection and simple allegation of anie person â—esirons to be priuiledged and to haue the Magistrate to mittigate the rigour and extremitie of common right
graunt anie such mittigation vnlesse the partie first alleage and by some lawfull proofe make manifest vnto 〈◊〉 that both teuching the abilitie of his person and the necessirie of his cause theâ— ought in equitie an exemption and 〈◊〉 bee graunted vnto him For Priuilegia saith the Lawe are pretudici alâ—â— magnum ff de minori l. de etate d. ex de priuil c. sane 7. q. 1 potuisti bast l. 1. de â—â—l l. ver pariunt preiudicium ideo sunt cum pleâ—â— cause cognitâ—one tractanda priuilegium non est dandum nisi certa ratione inspecta non subito sed cum magna deliberatione Priâ—â—â—â—ges are prâ—iudiciall and breede great preiudice and are for this cause to be handled with a plenarie decision of the cause And a Priuiledge is not to be giuen vnlesse the certaine reason thereof be foresâ—eue not sodainlie but with great deliberation and aduise In which deliberation and aduisement taken by the iudge first the aliegation or petition of the partie agent or suppliant secondly the proofe manifestation of the same his petition is to be considered For no dispensation ought to be granted at the proper motion pleasure of the iudge alone but euerie dispensation ought to be granted at the instance petition of the partie alone Pag. 15 Quia laxari ius non debet nec solui nisi parte postulante inuito non debet beneficium coÌ„ferr◠§ Hoc auteÌ„ iudicium ff De dam. infect ff De regni iur l. inuito extra de Symo. Licet heli Cod. de fidei com libent l. fi Et sententia debet esse conformis petitionâ— Et iudex semper debet iudicare secundum allegata probata Because the lawe ought not to be released or remitted but at the petition of the partie a sentence ought to be conformable to the demaund a Iudge ought euermore to giue sentence according to things alleaged things proued And therefore sithence no other cause by Law may be aleaged in the court of faculties for the graunting of anie dispensation for many benefices then the verie apparant vtilitie vrgent necessitie of the Church I conclude that the iudge his dutie and office is in anie wife not to admit anie other manner of allegation but to pronounce the same altogether friuolous to bee of no value in law The Doctorship the Chapplainship the worship of anie Ecclesâ—astical person are not sufficient causes in this behalfe alone vnlesse also together with the same meete concur the profit and necessitic of the Church And if the said allegation as vaine friuolous be to be reiected then no dispensation thervpon ought to be granted for otherwise the iudge should of necessitie either allow other causes then the lawe booâ—h alow or eise pronounce iudgemeÌ„t otherwise theÌ„ according to the demand both which were to to great absurdities And therfore out of the former rules and principles of Lawe I argue thus 1 Whatsoeuer is burtfull and preâ—udâ—â—â—al the same ought aduisedly and vpon consultâ—â—â—â— to be graunted 2 But dispensations are hurtfull and preindiciall Pag. 153 3 Therfore dispensatioÌ„s ought aduisedly vpoÌ„ consultatioÌ„ to Extra de priuilig c. sanc Extra de simo c. licet beit be graunted And if euerie dispeâ—sation ought to be granted by sentence vpon some consultation haâ— yâ— then euerie sentence vpon some consultation had ought to bee giuen according to things alleaged and things demanded Pag. 154 IN which allegation and demand to the end the sentence may be conformable to the demand so effectuall in lawe must be foreseene two things First that there be expressed no false or erronious cause Secondly that the same hide or conceale no truth For Ea dicitur legitima dispensatio in qua nihil tacetur vel nihil exprimitur Glos in extâ— auag execrabilie de prebend ver ex dispensâ—tione quo expresso vel tacito princeps verisimiliter duci potest ad dispensationem denegandam That dispensation is reputed lawfull wherein nothing is concealed or nothing is expressed that being concealed or expressed the Prince may by likelihood bee induced to venie the said dispensation If then euerie sentence must be conformable to the allegation euerie iudgement agreeable to yâ— demand and that neither out of the sentence for a dispensation any knowen truth or manifest equitie ought to be coÌ„cealed neither in yâ— same anie false or erronious cause ought to be expressed it followeth of necessitie the euerie allegation maâ—e for a dispensation ought to be of the same nature of the sâ—â—e condition and yâ— euerie allegation not of the same nature 〈◊〉 is an vnlawfull allegation and an vnequall petition Moreouer euerie one yâ— hath authority to dispeÌ„ce ought to kepe thâ—â— rule Vt statuat vel dispenset Glos in extrauag coÌ„t col 3. ver contra ius aut contra scriptum si aequâ—â— as quâ— mouet ipsum mouisset legislatoreÌ„ si casus nunc emergens esset sibiexpositus That they ordaine or dispeÌ„ce against law or against wâ—it if such equitie as â—â—â—ueth him might haue moued the law-maker himself to haue grâ—nted a dispensatioÌ„ had the case now growing bâ—n proposed at yâ— time of the law making to the law-maker It followeth then againe that equitie being the cause of the senteÌ„ce for a dispensatioÌ„ the same equitie must also be the cause of the allegation for a dispensation For if the iudge must giue a dispensation where equitie requireth the vartie must then demaund a dispensation where equitie requireth For equitie is alwaies the foundation and ground-worke of a dispensation And what equitie euen such equitie as mighe iustlie haue moued the Lawe-maker to haue graunted a dispensation Now then because the Law maker authorising yâ— Archbish of Cant. to giue dispensations hath beene the high court of Parliament It followeth that the Archbishoppe may dispence onelie in such cases as wherein the high Court of Parliament would haue dispenced had those cases beene alleaged before the high Court of Parliament which are alleaged before the Archbishop Iudex non aliter iudicare debet pro sapientia luce dignitatis suae quam princeps esset iudicaturus A Iudge for the wisdome ff De offic prefect preter l. 1. in fi and excellencie of his worthie calling ought no otherwise to iudge then the Prince himselfe would haue iudged Suppose then that such a Cardinall as of whom mention hath bene made or such an Abbot whose Abbacie is a Nemo scit whose two Ecclesiasticall promotions besides are at the least worth fiue hundered markes by the yeare suppose I saie that such a Cardinall should come into the Parliament house and after lowe obeysaunce made preferre this or the like Bill to the speaker beseeching the whole house vpon the reading thereof and the equitie of his cause to graunt his sute I A. B. Clarke saie alleage and shewe before pour excellent wisedomes that
not doubt but there be verie many in this church of England though not so manie as were to be wished in respect of the parishes which by the mercie of God are as well able in all respects considering the frailtie of man to discharge that dutie which is incident to a pastorall charge as in any age heeretofore hath béene found either here or in any other like particular church or nation elsewheresoeuer which thing also he himselfe setteth downe as a truth and as a dutie that may be discharged so the partie be resident euen in the Minor of his last syllogisme in this section The Maior proposition of which his last syllogisme except it be ment of a perpetuall and a continuall hinderance which yet the partie himselfe might auoid or of such as otherwise dooth not bring some greater or as great a benefit to the whole church some other waie is vtterlie also vntrue For besides the gréeuous visitation of God by sicknesse which is no sufficient cause as hath béene afore shewed to remooue a man from his benefice who therefore may haue a coadiutor assigned vnto him there may be manie other causes laid downe for the which a man may iustlie sometimes be awaie from his pastorall charge and discharge it by another as namelie if he be abroad for recouerie of his health if he be called by his superiors authoritie to answer matter in law obiected against him if he be forced for the repulsing of gréeuous and in tollerable iniuries to prosecute another in law or for the reteining of his owne right if he be sent of ambassage by his prince or otherwise necessarilie emploied and commanded attendance if his helpe be required in other places for the pacifieng of schismes and disorders and for confutation of heresies if his paines and trauell be required for the confirmation of true doctrine taught by another if his presence be desired as needfull or expedient at some consultation about church matters as at some synod particular prouinciall nationall or generall and lastlie if some other parts of the said nation and church should otherwise be wholie destitute of a pastor to féed and instruct them For if vpon these and manie other like occasions of no lesse importance it were simplie vnlawfull for a minister to be absent sometimes from his pastorall cure and to substitute another to supplie his roome whie I praie you may diuerse of your Saints of God and seruants of the Lord which by a pharisaicall 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 you oppose against all other not so fantasticallie affected as they whie I saie may they gad abroad from their cure hauing no cure elsewhere to looke vnto by the space of fiue or sixe moneths sometimes in a yeare hither and thither at pleasure and lie from their cures by the space of thrée or foure moneths by troops together in London or at the least a whole parlement time being not called to counsell in the conuocation Is there by their absence some publike commoditie comming or growing towards the church and may not another learned pastor hauing diligentlie fed his flock by a good part of the yeare in one place yet not neglecting the other people in the meane time bestow to the profit of the church the rest of the yeare in painefull preaching and teaching to the people of another parish Both which peraduenture might else be either wholie destitute of preaching as being seuerallie no sufficient maintenance for a man of studie and qualitie or else haue but such a one which being as bold as ignorance may make a man which is the greatest boldnes that may be would aduenture to speake 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not knowing at the first what or how to speake and yet being once set of talking could not tell how or when to make an end 2. Section Pag. 108 109. THis chapter like as the former speaketh against such as reteine manie prebends yea more than two that without dispensation Which may appeare both by the glosse and also bicause it is called ambition in them which * Panormi◠in c. de multa Ext. de praeb infine is not appliable vnto those whome the partie authorised therevnto finding sufficientlie qualified shall for good cause according to lawe dispense with for reteining of such benefices For ambition resteth either when a man vtterlie vnworthie will set himselfe forward arrogantlie to that which he is vnfit for or being worthie shall séeke it by vndue meanes and contrarie to law And therefore as it looketh not towards his purpose to proue dispensations for mo benefices vnlawfull so can it not be applied against the practise of this church wherein none be allowed to reteine mo pastorall charges or other promotions ecclesiasticall in law termed benefices without dispensation though in truth it reach a blow His reason retorted against his owne adherents vnto diuerse of his clients who can be contented notwithstanding in law a prebend be accompted a benefice and in some cases also haue cure of soules to reteine one two or thrée yea foure prebends sometimes onelie bicause they doo not passe in common speeches vnder the names of benefices and to the intent of residence and incompatibilitie by statute law are not accompted cures of soules yea and that without all dispensation according as is required Which therefore can not in them be cleared from the staine of ambition howsoeuer they beare it out with a stearne looke and a clowd in their forehead amongst those which admire their great sinceritie and which doo verelie beléeue that their feed is so pure that they would rather liue by aire alone than be susteined by church liuings euen as the Chamaeleon is supposed by some to doo with as great truth as that such haue no prebends to mainteine them His first reason here touching the maintenance of ambition by pluralitie of benefices is sicke euen vnto death of the same disease that his first syllogisme of his other section A fallacie ab accidents was and is a fallacie Ab accidente because though some may be led therevnto by ambition yet is it not anie necessarie efficient cause thereof Yea in his Minor of this syllogisme lurketh a fallacie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 bicause though it be ambition in such as seeke to aspire to preferments which the law will not intitle them vnto yet is it not ambition in those which being qualified according to law doo seeke it onelie by ordinarie meanes That which he speaketh in his second syllogisme of Roging is his owne proper goods and not borrowed out of this canon The Dissolution and often going to and fro which the canon speaketh of and he translateth as it liketh him a Dissolute and gadding ministerie whereas yet no mention is made of ministerie is as I take it set downe to shew a difficultie of reteining such within the bounds of ecclesiasticall rules and offices which by occasion of their seuerall prebends situate in diuerse churches
in the f c. Clericum c. sequente ib idem Councell of Chalcedon that a man may be a Bishop of one place and an Archbishop of another all at one time yet the one by title the other by way of Commendam like as we read of Oswald who in the daies of king Edgar before the conquest reteined both the Archbishoprike of Yorke and the bishoprike of Worcester together An example also here of more ancient dooth appeere in the g c. relatio c. vl ibidem daies of Gregorie the Great where by his appointment one was both Bishop of Terracon and Bishop of Funda at one time yet the one by title and the other Commended vnto him by waie of trust for tuition And the glosse hath verie well gathered out of Hostiensis fiue other causes wherein two benefices may be committed vnto one man to be holden in title h c. vnio 10. q. 3. c. eam te Ext. de aetat qual First when the churches be of poore and meane reuenue i c. vli §. sique dist 70. Next by the dispensation of the Bishop so that it be in his owne diocesse and in simple benefices for k Add. ad gl ver in duabus ibidem otherwise it belongeth saith he to the Pope to dispense l c. 1. in fine 21. q. 1. Thirdlie for scarsitie of sufficient men to serue in that function vpon which consideration the canon alloweth in villages in the countrie one man to haue two benefices m c. relatio d. c. de multa c. ordinarâ— Fourthlie by dispensation of him that hath authoritie which in those times they attributed to the Pope n Gl. in ver pendeant c. eam te Ext. de aetat qual c. super co c. cum singula in pri ver nisi vnus de prebendis in 6. Fistlie and lastlie if one benefice be annexed or doo depend vpon another 7. Section Pag. 113 114 115 116. THe Abstractor seemeth in this section so big with matter that he confusedlie shuffleth togither the confutation of his aduersaries supposed obiections with the proofes which he bringeth to ouerthrowe dispensations as not knowing whether of them he had best to be first deliuered of and yet it will prooue but a timpanie which in this maner dooth no lesse trouble him than if it were an arrow sticking in a dogs leg First of all he here telleth vs that Although the magistrate in some cases besides the law may licence and dispense yet in the matter of pluralities it will not be found being as much in effect as if he had said None authoritie whatsoeuer can lawfullie warrant a man to reteine two benefices This neuerthelesse he leaueth vnproued wholie and passeth on by waie of obiection vpon ground of certeine generall rules to frame for those which are Abbettours of pluralists a reason which I will breefelie gather into a syllogisme though he haue onelie framed an enthymeme thereof and in steed of the antecedent to wit Pag. 120 that Churches were founded and distinguished by law positiue which afterward he affirmeth to be vnture he héere denieth not that but the Consequence as vnnecessarie and sophisticall The argument may be thus gathered The same authoritie which hath first distinguished churches may vnite them againe For the reason and ground whereof he bringeth these generall rules He may pull downe who hath set vp and the interpretation of the law belongeth to the law-maker But the authoritie of positiue law hath first distinguished churches Ergo the authoritie of Positiue law may vnite them againe To those generall rules in the first place he answereth that If they be generallie vnderstood without limitation distinction they be either vtterlie false or else contrarie and repugnant to other principles of law Truelie this is verie strange law vnto me to heare that one principle of law is contrarie to another If he had said repugnant alone it had béene tolerable but he speaketh with a copulatiue and saith they are both contrarie and repugnant Wherin also he ouerleapt his Logike a little for there can be no doubt but that euerie Contrarietie is a Repugnancie though not contrariwise And I alwaies was charged to beléeue that there were no Antinomies in law though yet this be true that méere contrarieties yea and contradictions also as afore hath bene touched may be collected and will follow vpon those reasons which may be gathered vpon generall rules And therefore the safest and most sound reasoning is drawne from the particular decisions of law and not by the inâ—nit disputes and altercations as Tullie calleth them arising of generall rules And where he saith that If they be generallie vnderstood without limitation they be false how can he applie this anie waie to his purpose Except happislie he will reason in this sort There are some cases wherin they faile Therfore they faile in this point also which we now speake of and then this is a Fallacie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Also where he secondarilie answereth that No Maxime in law is so infallible but that it receiueth limitations and restrictions he saith trulie though to his purpose verie impertinentlie except he could shew that in this case which we now haue in hand it is so limited and restrained as he would inforce And yet by the waie it may please him to call to mind that now he Inconstant dealing condemneth that reasoning vpon generall rules As weake and without any sure settling which so oft he himselfe in the first treatise hath vsed Also in this place we may obserue a contradiction by him deliuered where he saith No rule A plaine contradiction can be so generallie giuen that receiueth not some limitations which is as he affirmeth an infallible Maxime in law For either this Maxime generall rule must not be so infallible but that it shall receiue some limitations or else that other must be vntrue that there is no generall rule but it hath his limitations But he leaueth at the last these reasons of randon for proofe onelie that generall rules may receiue limitations and taketh now vpon him to prooue that these two rules then doo faile in déed and receiue limitation when the cause of the prohibition is perpetuall But his proofe hereof is nothing else but his owne assertion without either law or interpreâ—or of law which so dooth limit it For in déed the law which he here quoteth and the glosse which alledgeth that law saith nothing else but * L. 35. si stipulor ff de verb. obliga this that If I take stipulation or bond of a man to doo that which either nature forbiddeth to be done or which the lawes doo forbid so that there shall be a perpetuall cause of the said prohibition the bond is void But how dooth this prooue that the generall rules afore touched be limited and distinguished by this law whereof it maketh no mention Yet if we should
admit it can it be truelie said that the lawes doo so forbid reteining vpon anie occasion or by anie meanes two benefices that the cause of that prohibition shall be déemed to be perpetuall Séeing the lawes themselues do directlie as you haue heard vpon sundrie occasions determine the contrarie Neither yet dooth it follow bicause a bond is void which is taken against such a law which hath perpetuall cause of prohibition that therefore an indulgence and dispensation of like sort should be also void For he will not denie I hope but that the reason why malefactors ought to be punished is perpetuall as not being of that nature which may be wholie abrogated and yet in some speciall respects it is lawfull euen In foro conscientiae for the prince to pardon their faults and to release their punishment For I trust our Abstractor is not of * T. C. pag. 98. his opinion which thinketh both that the law of Moses for capitall punishments ought exactlie euen among vs to be obserued and also * T. C. pa. 100. that hir Maiestie ought not to pardon the life of anie which God by the Iudiciall law giuen to the Iewes did punish by death Now hauing by the examples of Murther theft and blasphemie which haue a perpetuall cause of prohibition shewed his meaning herein he ariseth from these particulars to collect a generall Ab hypothesi ad thesin that seeing None may take awaie or dispense with the reason of a law being the life and soule of the law therefore no man can dispense with the law or take awaie the law Which being spoken indefinitelie of a law must needs be equiualent as law dooth teach vs vnto an vniuersall and then both he shall be found to be contrarie to himselfe hauing before Contrarietie Pag. 113. deliuered that In things depending vpon the meere disposition of man the magistrate may dispense and also verie absurd in taking awaie all priuileges and exemptions from the generall rigor of sundrie lawes Moreouer we are taught by law that of * L. non omnium ff de legib Abb. in c. si quando Extr. de rescriptis manie lawes a reason can not be rendered neither ought we too curiouslie to search after the reason of them Whereby will follow vpon this mans words that manie good wholsome lawes doo want their life and soule But if he will saie he onlie meant such like lawes as he brought his examples of which doo seeme immediatlie to flow from the law of nature besides that it had baene méet he should haue expressed herein his meaning plainlie yet is the cōsecution of his argument faltie for that it is not necessarie whersoeuer anie of these laws which are deriued immediatlie from the law of nature are vpon anie circumstances dispensed withall or taken awaie that it should be concluded therevpon that The reason the life the soule of the law which is the law of nature is taken awaie For though God whose will is perfect iustice and who prescribeth lawes to other and not to himselfe did appoint the children of Israël to rob the Aegyptians yet this notwithstanding the generall law against theft grounded vpon this reason and law of nature That one man may not hurt or doo iniurie to another was not after this time hereby taken awaie or out of this case dispensed withall Likewise though Moses for the hardnesse of their harts did permit the children of Israël to put away their wiues vpon anie mistike and to marie else where yet was not the reason of the law of matrimonie being reckoned by ciuil law to be the first law of nature cleane taken awaie by this indulgence and dispensation giuen vnto them Yet the Abstractor vpon this false position that None can dispense for pluralitie of benefices but he that may dispense with the reasons wherevpon pluralitie of benefices is forbidden dooth ground as absurd a reason to prooue that none can dispense with the reasons of such prohibition as that is an vntrue assertion in this maner None can alter or dispense with the reasons forbidding pluralities but he that can alter or dispense with the law of nature and the law of God But no man can alter or dispense An absurd reason with the law of nature or with the law of God Therfore none can alter or dispense with the reasons forbidding pluralities Which argument I was content a little to helpe and to frame in this forme though he had made it much woorse and in diuerse respects contrarie to rules of Logike For he did put a part of the Medium in the conclusion where he saith Dispense with the reasons of either of them to wit the law of nature or law of God which is the Medium of his syllogisme had put in also Quatuor terminos For in the one proposition he nameth The equitie of the law of God in the other onlie The law of God The consecution of his Maior he prooueth hereby Bicause the reasons which forbid pluralities are taken from the law of nature and the equitie of the law of God The one part of his Minor that No man can alter or dispense with the law of God he prooueth by this Bicause the will of God is the onelie cause of the law of God and his onelie will the rule of all iustice vnchangeablie Now concerning the forme of his argument it is verie absurd such as anie child of ten yéeres old being in the Unsuersities can tell him to be Neither in mood nor figure consisting wholie of negatiue propositions and therefore dooth no more follow than this argument No man is without sense No stone is a man Ergo No stone is without sense And bicause the matter of this reason here by him deliuered is one of his chéefest fortresses and bulworks of this treatise by him opposed against Pluralities though I persuade my selfe neither he nor anie other shall euer be able to frame a sound reason vpon these termes yet it shall not be amisse a little to examine also the pith of all these his last seuerall assertions which he taketh as vndoubted truths And first that None may dispense for pluralities but such as may also dispense with the reasons that doo forbid them may apparentlie be shewed to be false by infinite positiue lawes which may be changed abrogated or dispensed with though the reasons wherevpon they were grounded be not subiect to such alteration or qualification but onelie then declared vpon some circumstances necessarilie weighed to cease or not to haue place in such especiall cases Naturaliter obligamur ad antidora we are euen by c. § consuluit in l. sed si lege 25. ff de petit haered nature bound to recompense one good turne with another * Xenoph. li. 1. Cyri. Seneca li. 3. de beneficijs c. 6. In which respect amongst the Persians and Macedonians there laie an action against him which should shew himselfe vnthankfull
such souereigne is the lawgiuer himselfe or by presumed intention that they which made the law meant to yeeld power of dispensing with the rigor and extremitie of it vnto him in all * Arg. ex gl §. fina l. tale pactum ff de pactis such cases as by likelihood and probabilitie they themselues would haue dispensed with if they had bene in particular it ie opened and recounted vnto them at the first establishing of it But an inferiour vnto whom anie such authoritie is expresselie yet without full power and authoritie committed is to follow in all points the direction of his commission or where the same is defectiue the common positiue law concerning the ruling and guiding of such dispensations And this same presumed intention of the meaning of the lawemakers is the most proper cause that in my iudgement can be assigned generallie of euerie dispensation of this qualitie and condition Now when a c. si quis culpatur 23. q. 1. c. in pres de renunciat gl in c. ad aures de temp ord in c. 2. de maior obed Cynus Bart. in l. fin C. Si contra ius vel vtil Fely nu 60. Dec. nu 24. in c. quae in cccle Ext. de constitut a souereigne prince dooth dispense with any positiue law of man the lawe teacheth vs to intend and presume both that there is a cause why he should so doo and that the same cause is iust and sufficient insomuch that b Anchor cons 288. Fulgos cons 143. Loazes pag. 371. no proofe to the contrarie of this presumption may be admitted as some doo hold but if he doo dispense with such a law of man as hath some necessarie and neere coherence with the law of God or of nature as for example sake we may assigne lawes for distribution of almes and other beneficence to the poore godlie bequests and deuises of the dead vnto good vses without a good and sufficient cause in déed though both the dispenser and he which is dispensed with in vsing of it doo in the inward court of conscience and before God offend yet neuerthelesse that verie relaxation of the bond there of being onlie of man shall stand so farre foorth good and effectuall as that the acts c Fely vt supra nu 6. Bart. post gl in l. relegati ff de poenis which by vertue thereof are doone shall be in the court of man auailable and not to be impugned Yea by the opinion of some verie well learned such acts doone shall be of force d Syluest rer Papa que 15 euen in the inward court of a mans soule and conscience For example wherof they bring a dispensation granted without any cause for the mainteining and sirengthening of a clandestine matrimonie contracted which is condemned iustlie by the law of man vpon verie good and pithie reasons And howsoeuer both the parties themselues saie they haue offended therin first in so contracting then in vsing a dispensation vpon no iust ground and he also that shall condescend to dispense with it being mooued with no good reason therevnto yet the matrimonie shall be of force and the issue thereof is in both courts legitimate And whereas a Fortun in l. Gallus §. quid si tantū ff de l. post some doo seeme to be of contrarie opinion héerein which thinke such a dispensation granted without cause not to enable any act to be of force which is done by vertue thereof their opinion is thought not to be sound except it be vnderstood of an inferiour that shall by commission haue a limited and not full authoritie from the souereigne to dispense b Innoc. in c. cum ad monasterium de statu regulaerium in c. dudū 2. Ext. de electio bicause such a dispensation from him cannot be of any validitie either in the one court or the other except it be warranted as procéeding vpon some good cause For we are not by law to presume and intend for the goodnesse and sufficiencie of the c Fely in c. que in ecclesiarum Ext. de constitut gl DD. in L. relegati ff de poenis est com opinion Loazes in loco citato cause for any dispensation passed by an inferiour not endowed with full power and authoritie vnlesse it doo so appeare indéed Now on the other side if he that hath authoritie be he souereigne or inferiour doo grant a dispensation without any reasonable cause about such a law as is méerelie positiue and hauing none immediate or néere relation vnto the law of God or of nature then albeit he in so dispensing d Ber. in c. non est Ext. de vnto Thom. 1. 2. q. 97. ar 4. dooth offend by breaking that right and equabilitie of the law intended to publike good and which is common to all in fauour of one yea and that without any iust cause of preheminence to him aboue other yet he that vseth such dispensation especiallie if it be without greeuous offense giuen and direct damage of others dooth not e Gl. in ver execrabilis Ext. execrab de praebend Fely c. ad audientiam 2. de rescriptis Gigas de pensi q. 6. nu 13. offend against a good conscience but may lawfullie inioy it bicause he is by the same authoritie deliuered from the bond of that law by the which he stood bound as is euident in the verie matter of pluralitie and dispensation which we haue in hand And according to these distinctions are all those things to be vnderstood which to like purpose here and there in this treatise as occasion was or shall be offered are by me vttered whereby the grounds and causes wherevpon all dispensations and exemptions may lawfullie and safelie be granted and vsed according to the more sound opinion of the best learned lawyers and schoolemen may partlie I hope with some plainenesse be discouered But if it should be asked in which degrée and sort of these three dispensations those for pluralities which by statute of the realme are committed to the Archbishop of Canturburie ought to be placed Truelie in consideration that both they and other dispensations by him to be granted are there so bounded for the matters themselues and for the persons though not for the maner of procéeding are so exacted of him to passe them where iust cause appeareth that if he shall refuse to dispense then this power and authoritie giuen by the whole church and the realme to him shall be deuolued ouer to others I cannot see but that they are to be reckoned either amongst those Dispensations of iustice which are conuersant about the positiue lawes of man or amongst such as be mixt of both 14. Section Pag. 129 130 131 132 133 134 135. HEere the Abstractor fansieth that he hath so battered vs with his canons that we must be forced to raise a rampier of our statutes to make vp the breach whereas in truth
respect him more than the dignitie and preeminence of a christian king As though that which was giuen by parlement were vsurped or he that claimeth it not as inuested or incident vnto him by anie right but as a trust recommended vnto him by the whole realme whose minister he is in this respect could be iustlie said to haue preeminence aboue the king For the Abstractor might as well gather that the Lord Chancellor hauing manie great and weightie matters of confidence and trust by parlement and the common law laid vpon him as namelie Vpon complaint made that the Archbishop refuseth to grant dispensation to any person that of a good iust and reasonable cause ought to haue the same to direct a writ inioining him vpon a certeine paine by his discretiō to be limited to grant might therefore be said to haue preeminence hereby ouer the Archbishop and consequentlie by his collection ouer the Queenes Highnesse But before I come to the examination of the proofes of his Minor I must put him in mind that his Maior is vntrue For neither is the statute prohibitorie of all dispensations Corrupt collectio◠of the statute not Conuenient for the honor suertie of hir Highnesse neither yet as hath beene afore shewed doo those words reach anie further than to dispensations in vnaccustomed cases for the princes owne person The Absurditie and contrarietie he saith is first in this point bicause The Archbishop is authorized to grant dispensation vnto the prince in such cases as haue bene accustomed to be granted at the See of Rome whereas the pope was neuer anie lawfull magistrate in the church of God and therefore euerie dispensation granted by him was against the law of God as granted by one that was no member of the church of God Trulie my wits be passing dull which can not perceiue how these doo hang togither Might he not haue beene a member though he were not head of the church Or dispense with some humane law without breach of Gods law Or might it not be that dispensations were accustomablie granted by him though he were not head of the church Or might it not be that dispensations were accustomablie granted by him though he were not a lawfull magistrate or dispenser Or may not the Archbishop by lawfull authoritie committed vnto him dispense in such humane lawes as hath beene accustomed though the pope were an vsurper herein Or lastlie if all these were admitted dooth it here vpon follow that there is a contrarietie and absurditie in the statute Assuredlie he had néed to be a kind and tender-harted man that will yeeld himselfe to be ouercome with such reasons His second reason for proofe of the contrarietie is to this effect Dispensations for vsurie periurie incest adulterie c were accustomablie granted at the Sée of Rome But dispensations for such crimes are against the word of God Therfore such dispensations as were accustomablie granted at the Sée of Rome were contrarie to the word of God Which is a verie childish Ignorance of the elench concluding of meere particulars and therfore neither in mood nor figure of argument For although some were such that were there granted yet it dooth not follow that all dispensations from thence were of like nature but the Archbishop by authoritie of that statute may dispense with none but such as be not against the word of God But here the Abstractor hath ioined with such as vndoubtedlie are against the word of God Non residencie and manie benefices The latter whereof is the matter in controuersie whereby this is Petitio principij and the first can not be dispensed with during life for that the * 1. H. 8. c. 13. statute maketh such dispensations void subiecteth the partie vsing them to a grieuous penaltie But where he maketh Not eating flesh in Lent to be a matter repugnant to the law of God whereby he inferreth such dispensation to be vnlawfull he must needs confesse that he was in his fit and knew not what he said for if to absteine from flesh in Lent vpon cōmandement and by positiue and politike ordinance be as he saith Superstitious and a matter repugnant to the law of God then as it séemeth should a dispensation to doo it which restoreth the former libertie of eating flesh be more agréeable to Gods word and the more meet to be vsed But neither eating nor yet not eating of flesh at anie time is of the law of God Quia esca nos non commendat Deo neque regnum Dei est in cibo potu nihil quod intrat in os coinquinat hominem so that to dispense herewith either to eat or not to eat can not be vnlawfull And that this obseruation of fishdaies is but a politike constitution it is * 5. Eliz. c. 5. explaned elsewhere by act of parlement whereby also he and others which shall affirme otherwise of the intent of the prohibition to eat flesh on certeine daies are to be punished as spreaders of false newes But at the last he stumbleth vpon the right interpretation that the Archbishop ordinarilie is but to dispense with matters accustomed to be dispensed with at the See of Rome and not then simplie but onelie so farre forth as they were not contrarie or repugnant to the word of God Whereby he straight inferreth besides those which are afore spoken vnto that he is not hereby Intituled to dispense for simonie Non residencie mariages in Lent c bicause those are matters he saith repugnant to the law of God Touching simonie it can not be denied but it is a greeuous fault yet forbidden by the positiue law of man onelie albeit Canonists for the most part haue deriued it from the offense of Simon Magus and hath his grounds and reasons verie weightilie deduced from the law of God and the light of nature Notwithstanding our author hath almost wholie qualified and dispensed with it as much as he could with little honestie in his first treatise namelie By right of couenants by the well liking of the people by a good fire in the hall once in a yeare and by a slyuer of bread at the patrons doore But if Non residencie be against the law of God absolutelie and directlie and not by euent and consequence onelie then must it be against some of the ten commandemeuts and thereby will it follow that as vpon none occasion anie of them may be transgressed so will it be sinfull for a man vpon anie cause whatsoeuer at anie time to be awaie from his benefice though it were but an houre no more than a man may kill for an houres space Lastlie where he affirmeth Marriages in Lent to be repugnant to Gods law and therfore not dispensable except he will acknowledge that he was in his melancholike mood in a little house hard beside himselfe he may happen for this saieng to be grauelie censured by the eldership where he hanteth But if the prohibition of marriage for some
places it is not obscurelie signified that both he might haue exacted his entier maintenance of them that they in dutie were bound to procure him in all necessarie worldlie reliefe Furthermore we Inconstancie are to note that he which could find but two causes of dispensations before hath now light vpon two more He alledgeth also to prooue that Pouertie is no sufficient cause of dispensation the saieng of the apostle applied by the law that A man hauing food and raiment ought to be ther with content Wherevnto if he will assume that those who purchase dispensations for mo benefices haue these things afore wherwith therfore they ought to hold themselues content then will it being scripture and not spoken of ecclesiasticall men alone but of all whomsoeuer as well serue to prooue that no man may séeke be the meanes neuer so honest the bettering of that his estate wherein he is at the verie first settled And yet is it not meant of anie food how little or anie apparell how meane soeuer but of a sufficiencie in both according to the calling and degrée of the person and is but set downe to meet with the couetous vnmeasurable and distrustfull desire of riches which when we haue atteined them in highest measure can yeeld none other necessarie vse at all but that which tendeth either to the one or the other Now he going on this course saith that he which knowing the smalnesse of a liuing hath vndertaken it hath therby debarred himselfe of all iust cause to forethinke him séeing it was his owne follie to prouide at the first no better for himselfe Which he prooueth by no other ground but that which hath beene answered before And if none of this will serue yet will he by examples of two men shew that no pluralitie-man wanteth liuing or may pretend anie necessitie but so childishlic ridiculouslie that I am faine euen to blush in his behalfe For when a man hath alreadie a pluralitie of benefices as he surmiseth though they may be such as be farre from a competencie The Abstractor his foolish malicious mirth of liuing then there is no likelihood that he would desire that which he hath or more which can not be had or yet alledge or pretend want when it is as far supplied as law dooth yeeld But if these two whosoeuer with whom he thus plaieth vpon enuie no doubt to the great gifts of God in them and malice to their persons neither iustlie can nor yet will pretend anie want of liuing but will humblie and thankfullie acknowledge in modestie that God hath dealt verie mercifullie with them aboue manie of their bretheren dooth it hereof follow that none other hauing but one benefice can iustlie pretend insufficiencie of maintenance whereby he may be induced by ordinarie meanes to procure an increase thereof O shallow and barren pate or else brasen forehead which dare thrust out into this learned age such doltish yet malicious fooleries But we may sée by his dealing here that there is more lustie spirits in this man than are leapes in a beare 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Now therefore to answer his mild question in the like key may a melancholike mate a shifting corner-creeper who in corporat townes where he commeth is of all spices most afraid of mace whose credit is so cracked that euerie man will be as readie to giue him trust vpon the paring of his nailes or pawning of an old razor as vpon his single bond whose learning in law is not woorth a liard whose reasoning is rude whose modestie is not woorth a mite may I saie such a sonne of the earth with toleration of good men in an infamous libell renew the practise of the old comedie and plaie both foole and vice himself cynicallie to nip such men as is thought he dooth in this plaie in comparison of whom he is in all respects but riffe raffe and as base as a verie dishclout If he be such as I haue described who hath doone them this iniurie then doo I bowle at him would hit him full patch But if there be none such then I doo onlie aske the question and put the case But whosoeuer they be that will speake and write which they ought not let them be assured that in the necessarie defense of the good and learned whom they thus maliciouslie doo traduce they shall heare that which they would not nor yet happilie looke for But their iniustice which he exclaimeth of and will as he saith Descrie and discouer by law he had need for the couering of his owne shame and his corrupt or loose dealing to decrie and call backe againe For the verie * Gl. in verb. tenues c. ean◠te Ext. de etate qual glosse vpon the place which belike made him vnwilling to quote it dooth bewraie his packing and fond collection as though there were no cause of reteining mo benefices but when they are verie small whereas that verie glosse gathereth in a verse other causes also which I haue touched afore Paupertas pendens defectus gratia seruans Ecclesias retinere duas dat quodlibet horum And bicause he saw that this ouerthrew his former deuise whereby he affirmed that a man hauing once made choise of a benefice be it great or small might not séeke anie augmentation therefore as a pope which is fained to haue all lawes and interpretations In scrinio pectoris he taketh vpon him to declare that this lawfull inioieng of two small benefices is to be vnderstood onlie when as the one of them being a competent liuing at his entrance is by some casualtie afterwards impouerished euen cleane contrarie to the circumstance of the place and so by his owne bold surmise he dareth to distinguish against law where the law maketh no such distinction Which like dexteritie also dooth he handle that matter where it may iustlie be said that churches are to the effect afore mentioned small in reuenue For * 10. q. 3. 6. vnio the canon which he hath wrong quoted dooth not once mention smalnesse in reuenue which he would haue vs beléeue that it goeth about to define but onlie a politike direction is there set downe in a councell according to the vse of those times for Bishops to looke vnto in vniting of parishes which were meet to be gouerned by one priest Ecclesia quae vsque ad decem habuit mancipia super se habeat sacerdotem quae verò minùs alijs coniungatur ecclesijs That church which at the least had ten seruants or bondmen let it haue a priest ouer it and that which hath lesse let it be ioined vnto other churches That which this canon setteth downe for an estimat of some sufficiencie of reuenue by the bondment belonging to the propertie of the church the Abstractor ignorantlie and vntrulie dooth transtate Corrupt ignorant translations Housholds and would hereby gather wheresoeuer ten housholds be that there the ministers maintenance
the validitie of dispensations also for pluralitie But I answer that this constitution is penall and strict and therefore not to receiue anie such extension That the rule that the same reason maketh the like law hath manie limitations whereof some may be found to be appliable to this case and are touched in the former treatise and lastlie that in these two faculties the reasons be not alike For he that inioieth a pluralitie gouerneth and profiteth the church by his learning atteined in that place where he maketh his resiance whereas if a dispensation De non promouendo during the time he would remaine at studie should indefinitlie be granted without limitation then the partie might continuallie be a learner without euer profiting by instruction any part of the church in any place whereâ—oeuer Yea the law decideth this controuersie by permitting the grant of the one dispensation for life and making the other but temporarie which is aboue all dispute So that although he that is dispensed with to inioy two benefices be not accompted directlie to haue a facultie of non residence they two being diuerse yet is it by law * Gl. in c. in tantum Ext. de Praeb as to other accessaries necessarilie consecutiue without the which it could not else sort to effect to be extended also to conteine and implie this facultie * Gl. in c. non potest de prae in 6. Fely in c. fin Ext. de Simon Ias in l. beneficium ff de const principum Panorm in c. extirpand◠§. qui verò Ext. de Prebend that he need but to reside in the One of his benefices bicause no man can be personallie resident in two churches at one time Therefore out of the premisses I answer to his Maior proposition two waies First that if dispensation be taken for an administration of iustice and right as it is sometimes vsed then is the verie collation and institution of a worthie man a facultie whereby he may inioy the fruits of a parish church during life though not in his absence which is not here expressed and in this sense his Maior is vntrue as making all such to be void Againe there lurketh a fallacie in the equiuocation of the word Granted For if it be vnderstood of an expresse grant to him that shall be absent as I thinke he meaneth which is a direct facultie for non residence and be granted by an inferiour since the making of that constitution considering no absolute or souereigne prince such as the pope claimeth to be can thereby be tied otherwise than voluntarilie Quia par in parem non habet imperium then will I grant his conclusion But if he will extend the word granted so far as to carie all such grants whether expreslie so conceiued or but by implication onelie then is it to be denied as false bicause in a dispensation for pluralitie by the secret operation of lawe a faculitie of non residence vpon the one or the other benefice is necessarilie implied and allowed without expressing euen during the life of the partie And therefore there is no cause whie by collusion or indirectlie the Archbishop should seeke if he were so desirous in that sort to gratifie any man to renew their faculties of pluralities after seauen yeres séeing he may by law grant them for terme of life which may necessarilie be thereof inferred bicause the partie being instituted to a perpetuitie in both and dispensed with to reteine and keepe them it cannot be otherwise intended but that his dispensation shall last so long time as * c. si gratiosae Ext. de rescri c. satis peruersum dist 66. A confident and false asseueration he shall haue title vnto them which is during his life Therefore I cannot in truth maruell inough at the confidence of this man that so generallie dare auowch in the negatiue vpon no more ground then you see that Before the 25. of H. 8. no facultie was granted at the See of Rome or by authoritie thereof for the reteining as he meaneth of the fruits of any parish church longer than for seuen yeares space When as manie yet liuing are able to shew autentike buls whereof some I haue seene to the contrarie And Rebuff who * Rebuff in forma dispen ad duo in verb. quoad vixeris setteth downe the most ordinarie tenor of them as they were sped vsuallie in the court of Rome and maketh an exposition of them dooth shew that they were not onelie in title but also In commendam granted there for terme of life Yea though they had not beene there so granted yet the * 21. H. 8. c. 13 statute which throughout speaketh of Purchasing dispensation of taking receiuing and keeping of two benefices with institution and induction which bréedeth a title and that without any limitation or distinction of time dooth conuince him of arrogant vanitie in this behalfe For * 25. H. 8. c. 21 the statute for dispensations dooth not alonelie establish licences accustomed to be granted by the See of Rome as he vntrulie surmiseth but reacheth also in some sort vnto dispensations for any matter whatsoeuer not contrarie nor repugnant to the word of God And if he will affirme these dispensations during life to be contrarie to it then shall he not be anie more able to excuse those which are granted but for terme of seauen yeares which he seemeth to thinke lawfull than he may doo the other which be perpetuall And herevpon againe he telleth The commissioners that manie licences will vpon this point be found void which hath told vs by the scope of this whole discourse that all dispensations for pluralitie were simplie forbidden by lawe wherevpon it must néeds follow that they should be vtterlie Contrarietie void so that all this labour about making of them void vpon the Causes and circumstances of granting is hereby descried to be as needlesse and vaine as his proofes of the former indeuour were weake and feeble 18. Sect. Pag. 151 152 153 154 155 156. THe matters conteined in this section I do take it may verie conuenientlie be reduced to these foure heads that dispensations are to be granted with examination and looking into the cause that they must be granted at and according to the pâ—tition of the partie that nothing be expressed or concealed which by likelihood might haue induced the iudge to denie the dispensation and lastlie that he dispense not but where the law-maker himselfe would haue béene mooued to dispense by the equitie of the cause if the case in particular had beene opened vnto him Now if he meant hereby to instruct the Archbishop how to obserue law in granting such dispensations which he would beare vs in hand are wholie vnlawfull then hath he sadlie indeuoured himselfe as the prouerbe is to be starke mad yet with good reason and discreation Yet the Archbishop hath perhaps some cause to giue him thanks which out of that deepe buttrie and
the papist and other heretikes are suppressed and barbarisme is kept out will follow after a beggerlie and contemptuous cleargie when as by their liuing they shall be scarse able to find themselues and their families and therefore much lesse be able to furnish themselues with such bookes as are requisite to atteine vnto any exactnesse or maturitie in learning The lamentable experience of which decaie of learning by the smalnesse of church liuings some notable churches and common-weales of the other side do alreadie partlie féele but the wiser sort of them doo more feare to smart for hereafter And therefore where the Abstractor assumeth that the cause and reason wherevpon such dispensations were vsed dooth cease and would thereby gather that the effect should cease I saie that when he or any other shall haue prooued that not onelie some one cause thereof but all the causes and not * Arg. l. 1. §. sextan ff de postulando onelie the impulsiue but also the finall causes of it are ceased then as law willeth I must grant the act in that point to be laid on sleepe and not to be put in vre till some of the same causes shall happen againe But besides his owne assurances which are sure and good inough for anie such as will trust him vpon so sufficient securitie he inforceth this matter by the words Of a lawyer he saith of singular iudgement Whereas now for any thing we know of him at his hands he may be who he will peraduenture the famous Grangousier grand-father to prince Pantagruel or some such great renowmed clearke as he was said to be which first in this world deuised to plaie at dice with a paire of spectacles on his nose But it may be that one cause hereof was bicause he would not séeme to haue taken so much of Rebuff by waie of loane and vpon credit which yet is no blemish for such déepe lawyers as he and I are and another bicause he hath falsified FalsificatioÌ„ his author I know not in whose fauor by translating quid debet ecclesia Dei plurium nobilium vanitati vt patrimonio Iesu Christi dilectissimi sponsi sui c alat accipitres educat canes c thus What Shall the church of God the best belooued spouse of Iesus Christ c feed hawkes bring vp dogs c. Whereas in truth it is What dooth the church of God owe vnto the vanitie of manie noble men that with the patrimonie of Iesus Christ c it should féed hawkes bring vp dogs c. But the great learned lawyer himselfe whome he indéed meaneth euen Bernardus Diazius and whome * Rebuff de dispens ad plur bene 〈◊〉 60. Rebuff termeth a reuerend father dooth in the next words following declare that he directed this inuectiue Against husbandmens sonnes more vnlearned than their parents which Illicitis modis plura occupant beneficia by vnlawfull meanes doo occupie manie benefices and also against such which being neuer so cunning or how learned soeuer Doctrina sua nunquam Catholicae ecclesiae profuerunt nec prodesse curant yet did neuer by their learning profit the catholike church nor euer care to do good in it The peremptorie iudgement of Rebuff which he afterward alledgeth * Ibidem nuâ— 84. fol. 249. but wrong quoted is somewhat too sparinglie by him translated in that word Si perperà m concessa sit if it be granted vnorderlie whereas it should be If it be naughtilie granted And it is grounded vpon a false principle of poperie that he which breaketh euen the positiue â—â—w of the pope * Rebuff de dispensat ad plura benefic 〈◊〉 22. such as the prohibition of pluralitie is dooth as they terme it sinne mortallie euen directlie and immediatlie against conscience which is no small part of his Antichristianisme whereby he sought to sit in the consciences of men Yet thus much may be gathered of this saieng that where it is orderlie granted as law prescribeth there it carrieth not in his iudgement any danger with it vnto either partie the condition of it thereby ceasing 20. Section Pag. 161 162 163. BUt now hauing so substantiaslie as you haue heard ouerthrowne all dispensations he was belike afraid he should be iustlie called Corà m for inforcing so violentlie a diminution of hir Maiesties reuenues arising by the taxes of them To salue vp which sore he letteth all other faculties alone wherein hir Highnesse must at his request sit downe by the losse and for thrée of them that is Dispensations for simonie non residence and maniâ— benefices he dooth assure hir Maiestie vpon the credit of his arythmetike and auditorship that They are indeed a great diminishing of hir reuenues But albeit he laie out all thrée in his conclusion to be prooued yet he dooth not in his proofes once name the facultie of non residence which by no shadowe can preiudice hir Maiesties cofers And when he should descend to the casting foorth of his proportions and extraction of the root by the rule of Coss and Algebra he misseth the principall matter euen his taxes to worke vpon and leaueth in his Booke a blanke or a glasse window for anie such to glaze vp as come and will doo him that fauour so that Cùm desint vires tamen est laudanda voluntas The man was willing to haue doone somewhat if he could but haue told what to haue said That the facultie for Simonie commited is a diminution to hir Maiesties reuenues he prooueth supposing first the tax thereof to hir Maiestie to be in shillings whereas it is indéed in pounds bicause if the partie dispensed with for simonie were depriued for it then hir Highnesse should reape more benefit a great deale by the first fruits of the next incumbent than the taxe mounteth vnto But how is the Abstractor here become so strict laced as to call for their depriuing whose fault in waie of gratification of simonicall patrons he almost wholie excused in the former treatise The truth is this kind of dispensation is verie seldome vsed bicause most of those which are guiltie of that fault doo deale so closelie and are so iustlie doubtfull of obteining it vpon petition that they hold it better without opening of themselues to sit still quietlie Whereby it can not easilie be put in practise but where some not knowing the rigor of the canon herein which condemneth for simonie euen entreatie and meanes-making and that recompense also which is but conceiued in hart perhaps onelie in waie of thankfulnesse after so the same may vpon necessarie circumstances be gathered and therefore of simplicitie without corrupt meaning falling into it and fearing the malice of those which stand hardlie affected to them are forced for their further safegard to procure this facultie It may haue a good and a commendable vse besides where an old man meaning to resigne treateth in simplicitie with him which is to succeed for a pension according to lawe without the