necessitie for the peace of the common weale Secondlie in cases of conueniencie for the honour of her highnesse person and lastly warranted by the holie Scriptures and lawes of God For though the statute make some men fit meÌ„for the Archb. to worke vpon as it were anuiles for him to strike vpon yet yâ— same statute imposeth no necessitie for the B. to worke without the word But if it bee lawfull by the word then by the lawe he may if hee will But if it be vnlawfull by the word then hee may not though hee would The lawe followeth Be it enacted that neither the king his heires and successours Kings of this Realme nor anie of their subiects of this Realme nor of the Kings dominions shall from thence foorth sue to the sea of Rome or vnto anie person or persons hauing or pretending anie authoritie by the same for licenses dispensations impositions faculties graunies rescriptes delegacies instrumentes or other writings of what kinde name c for the which anie license dispensation composition facultie graunt rescript delegacie instrument or other writing heeretofore hath bene vsed and accustomed to bee had and obtained at the sea of Rome or by authoritie thereof or of anie Prelate of this Realme nor of anie manner of other licenses dispensations compositions faculties grauntesâ— rescripts delegacies or anie other instruments or writings that in cases of necessitie may lawfullie be graunted without offending holie Scriptures and lawes of God Pag. 131 but that from hence-forth euerie such lisence c. afore named mentioned necessarie for your highnesse your heires or successours and your and their people and subiects vpon the due examination of the causes and qualities of the persons procuring such dispensations licenses c. shall be graunted had obtained from time to time within this your Realme and other your dominions and not else where in manner and forme following and no otherwise that is to saie the Archbishop of Canterburie for the time being and his successours shall haue power authoritie from time to time by their discretions to giue graunt and dispose by an instrument vnder the seale of the said Archbishoppe vnto your Maiestie and to your heires and successours Kinges of this Realme as well all manner such licenses dispensations faculties graunts rescripts delegacies instruments and all other writings for cases not being contrarie or repugnant to the holy Scriptures and lawes of God as heretofore hath bene accustomed to be had and obtained by your Highnesse or anie your most noble progenitors or anie of yours or their subiects at the sea of Rome or anie person or persons by authoritie of the same and all other licenses dispensations faculties c. in and for and vpon all such causes and matters as shall be conuenient and necessarie to be had for the honour and suretie of your Highnesse your heires and successours and the wealth and profit of this your Realme so that the said Archbishop or anie his successours in no manner wise shall graunt anie dispensation license rescript or anie other writing afore rehearsed for anie cause or matter repugnant to the law of almightie God This act is renued 1. Elizab. Prouided alwayes that this act nor anie thing or things therin contained shall be hereafter interpreted or expounded that your grace your nobles and subiects intend by the same to decline or varie from the congregation of Christ his Chruch in anie thing concerning the verie articles of the catholique faith of Christendome or in anie other thinges declared by holie Scripture and the worde of God necessarie for your and their saluations but onelie to make an ordinance by pollicie necessarie conuenient to represse vice and for good conseruation of this Realme in peace vnitie and tranquilitie from rauine and spoile Pag. 132 In which act is set foorth vnto vs what great care and circumspection our auncestours in the twi-light of the Gospell had for the abolishing of corruptions and the establishing of a sincere gouernment both in the Church and common weale and how diligentlie and faithfullie they prouided that no manner of dispensations licenses or immunities should be had or obtained but in cases of necessitie in cases not contrarie or reâ—ugnant to the lawes of God in cases wherein the wealth profit peace and conseruation of the Realme requireth in cases conuenient for the honour and safetie of the kings person with a duâ— consideration alwaies of the causes and qualities for the which and of the persons to whom anie license or immunitie shoulde be graunted And therefore out of this statute first I conclude thus against plurified men 1 Whatsoeuer cause or matter is repugnant to the lawe of God the Archbishop may not dispence with the same 2 But the matter of hauing many benefices or beeing Non residents is repugnant to the lawes of God 3 Therefore the Archb may not dispence with the same Againe 1 Whatsoeuer is not necessarie for the wealth peace profit conseruation of the realme same by this statute is forbidden 2 But yâ— one man should inioy by waie of dispensation from Archb. liuings appointed for many men is not necessarie for the wealth peace profit conseruation of Realme 3 Therefore the same is forbidden by this statute Lastly 1 Whatsoeuer is not conuenient for the honour and safetie of her highnesse person same by this statute is forbidden Pag. 133 2 But it is not conuenient for honour safetie of her highnes persoÌ„ to haue the Archb. dispence for many benefices 3 Therefore by this statute the Archbishop is forbidden to dispence c. THE Minor proposition of the first Syllogisme hath bene alreadie sufficientlie prooued by many infallible conclusions of Lawe and vndoubted truths of the worde of God and therefore it is needlesse to make anie repetition thereof Onely I would haue the reader diligently to marke the words of the Statute forbidding all manner of Dispensations in anie matter or cause repugnant to the worde of God For though the aduersarie cauil that wee finde not in the Scriptures these tearines viz. Licenses Tollerations Dispensations c. preciselie specified in anie commandement prohibitorie in the Scriptures yet in as much as the matter or cause of dispensations sor manie benefices is there generallie forbidden as ambition pride couetousnesse â—â—rill of selues c. Therefore it followeth that by It is against the profit of the coÌ„moÌ„ vveale that the Archb. should dispence this 〈◊〉 Dispensations in this case are absolutelie inhibited The Minor proposition of the second Sillâ—gisme may be confirmed by three euident reasons First from the euent which by our owne common and bailie experience wee too too well knowe to be true For by the same we see a few wealthie and rich Prelates in pride and ioilitie to be mainteined and a great number of needie Stipendarie Curates and poore Ministers to be vtteriie desiâ—ute of meete and conuenient allowancco so that sometimes after
his forces were nothing but a volée of colubrines puffed and hissed off with serpentine powder of a spitefull toong fitter to scare children than to atchiue anie such enterprise Where vpon this neuerthelesse may be gathered that he imagineth there is cause whie it should be thought that the statutes of the realme are more loose in permitting pluralities which he so detesteth than the verie canon law it selfe He answereth this point of our statutes which establisheth dispensations with a wish and a praier That these lawes might be respected and that the law of England might rule an English man in this case Pag. 126 But whie dooth he then inforce as afore that they must receiue interpretation and addition from the common ecclesiasticall law And whie dooth he seeke to deface them as Inconstancie vngodlie contrarie to nature and permitting things vnlawfull Whereby he would steale awaie The clappers of these bels that they should not sound and would vntie their bands which should tie him and others more short vp to the obseruation and due estimation of them For if there be anie lawes that doo not Sound or bind they are such especiallie as he his clients not onlie dailie breake but doo gnaw vpon in their conuenticles and barke at in their publike speeches And here this wrangler confesseth in discourse which he denieth in the title of his treatise that some Dispensations are tollerable for qualified men in cases of necessitie of conueniencie for the honor of hir Highnesse person and being warranted by scripture Touching the first of these the statute in truth restraineth it to dispensations vnto the princes person in cases vnwoont but not contrarie to the law of God Concerning the second the words of the statute Are necessarie c vpon due examinations of the causes and qualities of the persons which after is left in some part to the Archbishops discretion The Falsificatiō third is more wressed than the former for the words are thus Not contrarie or repugnant to the holie scriptures and lawes of God In stéed whereof he saith they must be warranted by them Whereas in truth manie things be not contrarie nor repugnant to Gods word which are not positiuelie and expresselie warranted there otherwise than that nothing is to the contrarie And no lesse than the former is that vntrue and contrarie to the statute where in saieng that the Archbishop may dispense if he will in some cases not contrarie to the word he would insinuate that he needeth not at any time ercept he list And these things thus by him corrupted he dooth before he come to his breefe reasons recapitulate as falselie almost as he had done before The Minor of his first syllogisme of the three being vnture and to be denied wherein he assumeth the Hauing of manie benefices or non residencie to be repugnant to the lawes of God though he haue not named non residencie afore he telleth vs if we may beléeue him that he hath alreadie prooued By infallible conclusions of law and vndoubted truthes of the word of God Yet his lawes alledged doo not once mention repugnancie with the word and scripture Pag. 121 And out of scripture to this purpose he hath alledged none but one place out of the first to the Corinthians that ministers ought to haue maintenance But he inforceth this matter by this argument as I doo gather it Whatsoeuer cause or matter is repugnant to the word of God is by statute vndispensable The cause or matter of hauing manie benefices is repugnant to the word of God namelie ambition pride couetousnes perill of soules c Therefore the cause or matter of hauing manie benefices is by statute vndispensable First to speake to the matter hereof the Minor is vntrue bicause the sufficient maintenance of the minister and the enioieng of a preacher rather than none are the immediate impulsiue causes of permission to enioy mo benefices But if pluralitie should be an efficient cause of ambition pride couetousnes perill of soules c which it cannot be otherwise than Per accidens by indirect occasion then are these vices effects of it and not they causes thereof as here is auowched But if we should admit these crimes to be causes of hauing mo benefices then would I grant his conclusion that the Archbishop may not dispense with those enormities whereof neuerthelesse will not follow but that he might this notwithstanding dispense with hauing of mo benefices being but the effect as he supposeth To the A fallacie of equiuocatiō sorme I answer that it is Paralogisticall 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vpon the diuersitie of signification of the word Cause which in his Maior and the statute is taken for the matter it selfe to be dispensed with so it be not repugnant to Gods word but in the Minor of this argument it is taken by relation to the effect of that matter which is to be dispensed with for the verie reason of the prohibition it selfe In his second syllogisme I haue shewed afore out of the statute that the Maior is by him fained For neither is any mention made of Peace or conseruation neither is The wealth and profit of the realme spoken of there in all dispensations absolutelie but in cases vnwoont and vnto the person of the prince And yet his Minor proposition thereof is also vnsufficientlie vpholden For the enioieng of two benefices is as far off from making vp such follie and wealthie prelats as they doo seeme onelie vnto the left enuious eie of this Detractor as this assertion is from the truth that Hereby stipendarie curats and poore ministers are kept in beggerie For it may be their allowance is according to the measure of their sufficiencie and it is verie small indeed if it be not more than he himselfe thinketh them worthie of who holdeth most of such curats for no ministers at all neither in fact nor lawe But if it were granted that some such as are too meanlie prouided for might be placed in some seuerall benefices that are enioied by another dooth he thinke that the releeuing of him hereby will ease the common-wealth or profit the church as much as the abridging of sufficient maintenance will decaie both the number and abilities of our best grounded and most learned diuines who are onelie fit to impugne the errours and heresies of poperie and of other sects His second reason of proportion drawne from diuerse other mysteries and trades forbidden to be exercised by one rich and mightie man to the intent to prooue that a damage groweth to the common-wealth by one mans enioieng of two poore benefices which can be accounted indeed but one trade if it be a sound reason of iustice and equitie as it is pretended it will not onelie inferre that a seuerall gift and facultie of learning is required for euerie seuerall congregation as the cunning in seuerall trades is different but also must inforce an vnlawfulnesse in all sorts of men to
flaâ—â—â— forbidden which things our auncestors not thoroughly foreseeing neither onely examining for what maner of causes or matters licenses were at that time obtained at the sea of Rome but onely in a generantiâ— inhibiting things repugnant vnto the law of God neuer particularly describing what those things were but leauing the same wholly to the iudgement and discretion of one man the Archbishop alone haue fallen into two paipable absurdities the one that one man alone hath from time to time authoritie by his discrerion to determine what causes are repugnaÌ„t to the holy scriptures and lawes of God Pag. 138 what causes and matters are conuenient for the honour and safetie of the King of England and what are necessary to be had for the wealth and profite of the Realme three things of such waight and importance as the whole bodie of the realme at that time was scarce able to conceiue much lesse shall euer any one Archbishop be able to practise The other absurditie is this viz that by this statute soueraignitie is giuen to the Archbishop and his successors to dispence with the king and his successors kinges and Queenes of England The wordes of the statute are plaine euident But what reason is there for kings and Queenes of Englande to become wardes and pupils vnto an Archbishoppe of England Or how agreeth it with the word of God that a Christian King shoulde in any sort bee in subiection vnto his owne vassall Or what Christian subiect dareth attempt to offer vnto his Christian soueraigne a tollerationâ— For in case the matter of the sayde tolleration be pretended to concerne the conscience then if the matter be free and lawfull by the law of God a Christian king may as well and as freely vse the libertie of his conscience with out licence from his subiect as his subiect maye vse his freedome without dispensation from the king If it be contrary to the lawe of God then may neither a Christian king neither a Christian subiect be dispenced with For what man can dispence with the lawe of Godâ— And in case the matter of dispensation concerne any thing appertaining vnto this lyfe how then should the king receiue a dispensation from the Archbishop without impeaching his kingly dignitie and prerogatine For either he must be dispenced with for breach of the positine law of this lande and haue the payne of law remitied him by yâ— Archbishop which were to set the Archbishoppes keyes aboue the kinges armes Or els he must purchase a dispensatioÌ„ that he may break his law which wer against his honor safety For saith yâ— Emperour Digna vox est maiestate Pag. 13 regnantis legibâ—â—â— alligaium se principem prositeri It is a word worthie c. De le const it princ l. digna the mâ—iâ—sâ—ie of a ruler to acknowledge himselfe as chiese tied vnto the lawes Moreouer this case betweene the king and the Archbishop is farre different from the case betweene the king and his Iustices at lawe determining matters according to the common lawes customes of the Realme betweene the king his subiects For they remaine still the kings vnderlings and in deed giue but the kings iudgement they iudge not the kings person neither commeth anie thing touching his person before them But dispensations from the Archbishop to the king concerne the kings owne person The king in his roiall person or by his proctor must appeare in the Archbishops Consistorie he must alleage before the Archbishop sufficient matter wherevpon the Archbishoppe but a subiect may be mouâ—d to dispence with the king his soneraigne and finallie the kings wisdoâ—â—â— must be subiected to the Archbishops discretion And therefore to confirme the Minor proposition of my third syllogisme I conclude 1 whatsoeuer is dishouourable and dangercus for her highnesse person the same cannot be conuenient for her honour and safetie 2 But it is dishonourable and dangerous to haue the Archbishop to dispence with her highnesse 3 Therefore the same is not conuenient c. Pag. 140 Which reason also may be as well applyed to disproue the the vniawsulâ—nesse of the Archbishoppes dispensations graunted vnto anie of her highnesse subiects as vnto her highnesse owne person in as much as her kinglie prerogatiue â— supreme gouernment in matters lawfull by the holie Scriptures is thereby impeached the Archbishops iurisdiction onelie aduanced and the furetie of her royall person and peace of the common weale ill prourded for Againe sithence cuerie one of sound iudgement vnderstandeth the honour and safetie of her highnesse person onely and wholly to consist in the protection and safegard of our most mightie and gratious God that nothing can be so honourable and safe for her highaesie as humblie and reuerentlie to attend and to submit her selfe to the scepter of his word the execution of this statute by the Archbishop cannot be but most inconuenient and perillous for her highnesse person in as much as partly through a carrupt consiruction partlie by a siniâ—ter iudgement not rightly discerning what things are repugnant to the holy Scriptures which causeth the name of God to be euill spoken of and is a dishonour vnto God and therefore no honour nor safetie vnto her highnesse person And therefore her highnesse is humblie to be intreated to take the entire dominion and whole soueraigntie due vnto her by the worde of God into her owne handes and not anie longer to suffer such a blemish to remaine in her gonernment Had her Highnesse most noble Father vnderstood his kinglie person to haue vnder-gone the Censorship of his subiect no doubt he would as couragiouslie haue fought against an Archbishop as hee did against an Abbot As concerning the pouertie of certaine persons pretended Pouertie of the person no cause for a dispensation Rebuff de dispen ad plu benefi alleaged in defence of dispensations for manie benefices that because the reuenues and profites of one benefice is now a daies not a competent and sufficient mainteinance for a Minister his wife and familie that therefore in respect of such pouertie they are necessarie and to bee borne withall I answere heerein first with Rebuffus the Lawyer that Licèt quis sit pauper c. Though one bee poore and suppose two benefices to bee verie necessarie and profitable for him yet for this cause the Pope may not dispence But if it bee necessarie or profitable for the Church to haue a teacher to instruct maintaine and defend the same then shall a dispensation bee lawfull Pag. 141 Secondlie that whosoeuer hath taken vpon him a charge with a poore liuing and stipend belonging to the same ought by lawe to content himselfe therewith and not in respect of anie pouertie to seeke to haue many huinges thereby to better his estate or augment his liuing For the Lawe in truth is as followeth Qui modicum recepit beneficium 32. q. 5. c. horrendus c. Hee that hath receiued a small Benefice
and therefore in as much as you for your part without any good conscience haue gotten you a place in the ministerie I for my part moued by a good conscience and for the same my conscience sake to discharge my duetie to the Lord haue summoned you publikely lawfully and rightly to dispossesse you of that place and depose you from that function whereof though publikely yet vnlawfully and vnrightly you are possessed neither ought you or any other to thinke me rashe light or vnconstant in so doing For I tell you plaine that herein I will both say and doe that thing which the noble and wise Emperour sometimes both sayd and did in a matter of farre lesse waight then this Quod inconsultò fecimus consultò reuocamus That which we vnaduisedly haue done we aduisedly will reuoke and vndoe And Sir for your part it is verie necessarie and expedient for you that we depose you in deede because Tantò grauiora sunt tua peccata quanto diutius infelicem animam detinent alligatam So much more grieuous are your sinnes by howe much longer they haue your vnhappie soule fettered with their boultes To doe this or the lyke were in my simple vnderstanding a noble and famous practise of a good and godlie Bishop labouring to procure peace and prosperitie vnto Ierusalem What may a Bishop depriue an honest poore man from his benefice dispossesse a faythfull man of his Ministerie stoppe the mouth of the Lordes watchmen and imprison a painefull teacher in the Clinke in case he weare not a Surplesse in case he marrie not with a Ring in case he crosse not in Baptisme or in case he subscribe not to euerie newe Article inuented by Pag. 91 his Ordinarie And may not the same Bishop remoue a man that hath openly played the hypocrite publikely falsified his word impiously committed sacriledge yea and that which is worse hath made an open mocke at the lawe of God and deluded the lawes of her Highnesse Empyre Is the first a lawlesse and rebellious Puritane I vse but their owne termes and is the second a duetifull and loyall Uassall If a Puritaâ—e as they call him making conscience to offende his God in any small thing for his conscience sake be worthy to be whipped and excommunicated is a Foolitaâ—e making no conscience to offend his God in all things not worthy once to be summoned Concerning an olde obiection perhaps by some olde Canoniste to be obiected that euery sentence of the Bishop whereby Extrauag de elec c. cum dâ—â— lectus he pronounceth any man fit and capable of the ministerie is a definitiue and irreuocable iudgement in case no appeale be made from the same though my former answere were sufficient for the same election yet to answere lawe with law I answer with the glosse that propter aliquam causam posteà emergentem potest quaeri quia quae de nouo emergunt nouo indigent auxilio ita semel probatus â—â—erâ—m probatur reprobatur For some cause afterwards arising inquisition may be made because things newly happening doe want a newe â—upplie and so one being once allowed may againe be allowed and disalowed Pag. 92 And therefore to conclude if such as be in authoritie loue the peace and prosperitie of the Church of Christ if they desire the good successe of the Gospell if they will preserue the state of this Realme if they thinke it necessarye to haue good Magistrates to haue good lawes and orders in a common wealth If they esteeme learning and seeke to preferre it if they hate confusion if they allow to their owne conditions and like of a kingdome better then of a tyrannous state then are they to prouide betime some speedy remedie for these and such like kind of men and such manner of abuses And if the religion they haue established be good if the orders and lawes they haue made be conuenient it standeth them in hand to see the same reuerently receiued and executed and not openly to be contemned and broken without sharpe and seuere punishment they are not to suffer such as execute them not to be vncontrolled vnrebuked and vnpunished they are not to suffer such as speake for them preach for them cal for them and write for them any more to be checked taunted frumped and shopped vp either let their lawes be lawes indeede and maintained as lawes or els deliuer vs from our duties in desiring their execution and obeying them If by these former conclusions any shall surmise that by them I sâ—ily and couertly as one captious ouer the whole state of the church should infinuate no lawfull ministerie to be in England because some one of these poynts perhaps haue bene and are daily omitted in making euen the best men that are in the ministerie at this day I answer touching as well the whole Church as the learned and vnlearned Minister the Preacher and him that is no Preacher the Pastor and him that is no Pastor I answer I say touching them all as followeth First I confesse that our Lord Iesus Christ hath a true Church and a faithfull spouse in England receiuing the doctriue and sacraments of Christ publikely taught and administred in the Church of England wherein we haue Elizabeth by the grace of God Queene of England Fraunce and Ireland a Soueraigne a sole and a lawfull Gouernesse in all causes and ouer all persons Ciuill and Ecclesiasticall Moreouer I confesse that the doctrines deliuered vnto her out of the word of God by the Ministers for the abolishing Pag. 9â— of all and all manner superstitions and abuses retayned in the Church and for the establishing of a perfect gouernment of the sayd Church ought to be faithfully embraced and diligently put in execution by hir Maiestie according to the prescript rule of the blessed word of God And againe that the Ministers ought euermore in a reuerent and holy feare to teach whatsoeuer they know to be commaunded or forbidden by the same word and tâ—â—hewe the daunger as well to the Magistrate as to the people if either or both of them shall be negligent or remisse in the Lordes seruice And againe that the people in all holy and honourable obedience should yeeld vnto the Magistrates and Ministers all such loue reuerence feare and obeysance herein as the Lord by his sacred worde prescribeth and their owne saluation requireth Againe that neither the Magistrate withâ—â—â— true instruction from the Ministers nor the Ministers without due authoritie from the Magistrate ought to wrest any thing into the gouernment of the Church For both offices and gouernments magistracie and ministerie are very holy and honourable and being seuerall tend to seuerall ends and bring forth seuerall euents in the administration and gouernment of the Church the one is the mouth the other is the hande of God the one by word the other by sworde ought to execute the Lords iudgements in the Lords house The Prophet Esay at the commaundement of the Lord
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
they haue thus decréed euen for the immunitie of popish priests and moonks Toute violence c. All violence and iniurious words against those of the church of Rome and namelie against priests and moonks shall not onelie be hindered but also shall be corrected and restrained so farre foorth as possiblie may be The conclusion for proofe whereof he voucheth viuers lawes and canons is that Both the man vnworthilie promoting and the man vnworthilie promoted is to be deposed Where if I should deale strictlie with him as a lawyer would I could tell him that there is great difference in law betwixt one vnworthilie promoted as perhaps some solemnitie required by the canon being omitted and one promoted being vnworthie The first case is so farre from * c. literas Ext. de tempor ordinand gl in 1. q. 1. c. si qui Epi. ver ordinationis deposition that it deserueth but a temporarie suspension from execution of some part of their offices at the discretion of their superiour For proofe of his conclusion he bringeth thrée allegations speaking no word of deposition but of punishment to be inflicted which without expressing can neuer be extended to deposition In ambiguis quod minimum est sequendum pro mitiori poena semper est interpretatio facienda And yet the first and the third of them doo speake of Bishops and superior prelats and not of inferiour ministers The first is * c. nihil est Ext. de elect elect poâ—est not aright quoted nor alledged For the punishment there set downe for confirming an vnworthie prelat is sequestration of the fruits of his owne benefice and béereauing him of power to confirme the next successor and in the words immediatlie * §. episcopi â—bid next following by him not alledged as once afore hath béene shewed a canonicall punishment by reference vnto canons to that end in force is appointed to the Bishop which shall preferre an vnworthie man to holie orders or ecclesiasticall dignities In his third allegation by ioining of two seuerall canons as one the one of them appointing a milder punishment than the other he hath disaduantaged his owne cause For where two punishments are laid downe the lesse is to be inflicted But neither of these canons * c. ex panitentibus 50. distinct c. aliquantos 51. dist doo speake of a man vnwoorthie in respect of learning but vncapable of orders in respect of some other canonicall impediment as infamie by law bigamie anddiuerse such like there specified But the glosse reconcileth not onlie that canon but all other which speake of disposition of him that ordaineth one vnworthie with those canons which doo suspend him onlie from ordination of others bicause the * Gl. in c. si qui Epi. c. q. 1. verb. ordinationis first are to be vnderstood when of contempt and pertinacie the Bishop shall with pretended purpose against the canons ordeine such and the other when he ordcineth vncapable men onlie of ignorance or negligence And againe this doubt in the same place is better resolued séeing there are diuers penalties for one offense and that the * c. graue Ext. de praebendis latter canons doo prefix the milder of both that therefore the easier penaltie must in both respects be practised And therfore I muse at the boldnesse of the man who leauing out the word Alià s Otherwise to wit when the Bishop of pertinacie shall ordeine one vnworthie he alwaies deserueth to be deposed Faâ—â—â—ficatioÌ„ dare alledge the words of the glosse generallie as though in all cases this decision had place The * Gl. in c. vnicum const Othonis de scrut ordinand verb. quare next glosse is likewise wrong quoted out of the legatiue constitutions of Otho but serueth not any whit for proofe of his conclusion bicause it mentioneth no penaltie but onclie ingreiueth the fault of him that dooth ordeine anie vnworthie His argument of comparison which he borroweth of the glosse of the câ—uill law to prooue that the archdeacons fault or ouersight cannot excuse the Bishop no more than a pilfering sailer shall excuse the owner of the ship who taketh fare of his passengers from restitution of that which is embezeled though great diuersities may be taken betwixt these two cases euen to this intent yet I will not greatlie gaine-saie seeing it is both lawfull and expedient that the Bishop himselfe should examine them for their sufficiencie in learning adding this neuerthelesse that the author here hath manifestlie falfified the glosse where he simplie saith the Bishop is to be punished for the archdeacons fault committed in examination For the * Gl. ibid. ver per Episcopum glosse saith to this purpose Indéed if the archdcacon doo it by the Bishops commandement then is the Bishop punishable but if the archdeacon doo it of his owne head as incident to his office then must he himselfe abide the penaltic of lawe That which he saith of A deed once doone which vpon a cause newlie arising sometimes may be altered cannot be applied to this that a Bishop may reexamine those whome the archdeacon hath examined though it be * Arg. c. accepimus Ext. de aetat qualit otherwise lawfull and in like maner can I not conieâ—ure for what purpose he bringeth though with a wrong quotation * c. eae quae Ext. offi de Archid. concerning the remissenes of an archdeacon in safe kéeping certeine ornaments of the church required to be punished by restitution of such things as by his default were perished except he thinke here by may be insinuated either that the archdeacons office alonclie dooth consist in such like duties and not in examination of ministers to be admitted or else that as he is to be punished for his negligence in these small matters so Bishops for such offenses as they shall commit about dealings of greater consequence Which if it be his meaning I must néeds iudge that he is verie mysticall that can fetch about so farre to speake so little to purpose But all these canons if they were as pregnant to prooue deposition as he would haue them are wholie ouerturned by his owne platforme of popular Contrarietie election For I thinke he would not endow the Bishop with an authoritie to ordeine another when all the people haue made choise of their minister nor yet punish him for their foolish choise 32. Section Pag. 65 66 67. THis section with some following being to shew the course of punishment against ministers being vnworthie of that function in the first place for proofe hereof is brought the depriuation of a Bishop against whome manie things were obiected and he himselfe had confessed that he neuer learned any thing De Grammatica of the Grammar nor had read any Grammarian no not Donat yea by the euidence of the fact it selfe it appeared that he was Illitteratus insufficiens Vnlettered and insufficient All which things ioined together being the
this he is bound although he be an old man And therefore he in generalitic saith Onlie that crime is of sufficient force to depose a man which ibidem hindereth the execution of his order though afore he haue beene solemnelie penitent And that this skill and knowledge is in no greater matters than in Grammar he declareth plainelie thus I * Panor in c. vlt. in fine Ext. de eta quaiita aske saith he concerning him that is ignorant in Grammar and yet by vse dooth speake perfectlie if such a one be alreadie preferred to a Bishopprike or other dignitie whether he shall be deposed 10. de Deo li. 9. 16. holdeth that if otherwise he be profitable to the church he shall not be deposed And to this decision against the Bishop of Calinea he answereth that other matters as heere appeareth were obiected against him and to this purpose maketh this He that knoweth the meaning of the lawe though hee haue not the knowledge of it is borne with 38. Distincti c. sedulo l. scire leges ff delegibus de consecrat dist 2. c. primus quidem Also their dutie may be by others supplied c. inter caetera Ext. de officio ordinarij Which place plainelie speaketh of want of knowledge in which regard a coadiutor may be appointed 7. 9. 1. c. non autem c. exparte Ext. de clerico aegrotante And as to the lawes that may be brought to the contrarie 25. dist § nunc autem 8. 9. 1. c. qualis 81. dist c. statuimus he answereth thus that they are onelie to be vnderstood of those that are not yet promoted So that if our author will weie our inferiour ministers learning in no other scales but these there being I thinke few or none no not of the meanest sort which haue not béene trained vp in Grammar vnder some schoolemaister or at least by their owne priuate industrie he shall be so farre from deposing any great number of such as be alreadie ordered though their ignorance otherwise were not tollerable so that their life be not also scandalous that it may truelie be said his deuise would not so much inrich hir Maiesties tresure as his booke hath bewraied his meane skill in law and his cankred affection towards the present state hath standered hir Maiesties most renowmed gouernement for propagation of the gospell hath troubled the quiet repose vnitie of this church 35. Section Pag. 71 72. IT may appeere I hope sufficientlie by that which hath béene before deliuered that there is no cause whie we should â—ie to a disiunction of A simple curat a rurall priest or a plebeiane prelat by himselfe onelie surmised for the auoiding of any of his Rurall reasons too Simple to driue vs to anie such poore shifts For setting aside a flood of words vainelie now and then puffed forward by the wind of a discontented mind and furious affection I cannot call to remembrance that I haue perused anie booke lesse furnished hitherto with pithie proofe lesse approching to the point of the issue pretended or more confusedlie tossed to and fro by snatches to resume that which once it séemed he had relinquished than this distracted Abstract dooth And héere in this section for that as he verie generallie auoucheth All lawes directlie doo inhibit a man to take vpon him an office wherevnto he is vnfit and vncapable he inferreth A monstrous and damnable vsage to be tollerated in this church for that some ministers are Such as know not for what or how to present their supplication to God neither what kind of diet they should set before his people Truelie I wish vnfainedlie the gift of Gods spirit were doubled and redoubled vpon all of that function yea that all the Lords people could prophesie yet can I not without intollerable vnthankefulnesse to God and great touch of hir Maiesties gratious care for the instructing of hir people so debase all ministers abilities which be no preachers as to saie they know not either for what they ought to praie or that the word of God is the onelie food to the soule of man Or shall we saie that none knoweth any thing nor is able to catechize or to exhort or dehort in any reasonable measure but he that is a preacher publikelie licenced Séeing it is notorious that euen in the reformed * Art 8. des mariages en la discipline du France churches of France according to which our men that haue their heads so full of church-plots would séeme to haue squired out all their frame there be certeine congregations tollerated where they haue no publike sermons but praiers and certeine exhortations After by waie of ampliation as lawyers of later times terme it he proceedeth to tell vs of others also in learning farre surmounting those whome he had afore so disgraced which are not fit to be made strait waies ministers namelie grammarians and poets from Winchester and Eaton philosophers and rhetoricians of long continuance in the two Vniuersities for that They must before shake off vanities and forsake their vngodlinesse where with they haue infected their minds in those places So that now he requireth such an exactnesse in learning and life farre aboue that which the Canon law dooth require that I feare me he would either leaue vs wholie destitute of all ministers or else he would haue them so fined and refined that the Quintessence must be in a verie few of his select clients But the two Vniuersities are as slenderlie beholding vnto him for his contumelious report of them as he was to either of them which could purchase there no more sound reasoning nor modestie than in this booke is shewed And I thinke it may be truelie auowed to the glorie of God that the two Vniuersities are and for the most part since hir Maiesties happie reigne haue béene as well stored with sound diuines and preachers as any foure Vniuersities whatsoeuer in forreine parts And although some part of the old frugalitie and discipline is perhaps with the streame of time quailed which is to be lamented yet if the Vniuersities on the other side be laied vnto ours in respect of order and discipline they will hardlie carrie a vizard of orderlie Vniuersities And what are those Vanities and vngodlinesse where with those places infect the minds not of yoonglings onelie but of those Who haue spent manie yeares there Belike a weauer may come from the shuttle and a bare English clearke or one with a little smacke of French that neuer was in Grammar schoole nor tooke degrée but at Botley or in a scriueners shop so he be bold and zealous as they terme it to gird at his superiours and the orders of our church may be allowed by him for a sufficient and a well qualified preacher but if a graduate come from the Uniuersitie he must be cast againe and new founded and haue some countrie schooling and be purified seauen times yer he can be made to beare this mans touch
his first conclusion that these thrée The examination the time for ordering and the presenting by the archdeacon and also The calling whereof he hath before not spoken one word are points Essentiall and causes formall dooth fall flat to the ground and much more his other conclusion depending thereof that none being no preachers whom he therfore called Toong-tied are to be accompted ministers bicause they are Not made according to the order forme of the statute Whereby he would beate not vnlearned ministers alone but withall like one blindfolded with malice he lasheth out at all ministers in whose ordination some such slender circumstance hath not béene perhaps vsed 41. Section Pag. 83 84. ID his question heere seeing All solemnities in the making of ministers as he thinketh are by the lawmakers appointment essentiall or substantiall in case some not of the least moment onlie and which might otherwise wel inough haue beene reputed accidentall bee omitted but other of greater weight which he reckoneth whether then men so ordeined By our statute lawe be ministers at all or no I doo answer that except he can both prooue all such whose omission he would inforce to ouerthrowe the whole action to be essentiall and also those other circumstances to concur which in the end of the next section sauing one afore I haue shewed to be required to the adnulling of an act for want of forme we must still accompt them for lawfull ministers in the church For although the Bishop who omitteth any of those which be of moment may be punished yet I for my part cannot accompt any point of the ordination to be the formall cause of the externall calling into the ministerie besides the words giuing the authoritie to execute that function and the two necessarie solemnities of praier and the imposition of hands I doo obserue in this section that he or his printer to gratifie him hath twise changed the forme of the letter from Romane vnto Italian as though they were not the authors onelie words but some allegation Also that among those things which he would necessarilie haue the Bishop to haue regard vnto and not to omit at ordinations he reckoneth this that the minister be mooued by the Holie-ghost and be persuaded of the sufficiencie of scripture to saluation and surmiseth verie vncharitablie these to be wanting in Too too manie of our ministers which no man but the spirit of the man himselfe which is within him can iudge so soone is he lept into Gods owne throne and faketh vpon him to set downe what lieth hid in a mans owne conscience Likewise is that of his ridiculous where he blameth the Bishop for ordering him that is not example to his flocke or will not teach c considering it is not possible for the Bishop to prophesie how the minister will behaue himselfe in his function afterward And the booke prescribeth not these as qualities to be attended before the ordination but as solemne vowes and promises before God and his congregation the more strictlie to tie the minister vnto the fulfilling of his dutie And so is this as foolish and wandring where he saith The vnlearned ministers the complaints to the Councell the Bishops owne records are glasses where in wee may see these omissions of forme and maner at ordinations not to be feigned I doo thinke verie few complaints haue béene made for not obseruing the forme of the booke and fewer circumstances omitted I am sure are recorded Touching his Daior proposition of his syllogisme That the forme not obserued by him which had no authoritie before that booke of ordering was by law confirmed except he meane it that they had no authoritie before to make them according to that forme is most apparentlie false and to be controlled by infinit lawes and canons which endow them with this authoritie as incident vnto their dignitie euen from the apostles times downeward Now the lawe is berie euident that * Gloss singul Caerd in Clem. 1. in princ de iure patronatus Phil. in c. qua fronte Ext. de appel If a forme be by law set downe to be done by an Ordinarie in that point wherein he had iurisdiction afore though the forme be not obserued yet the act done is of force and shall stand Therefore the vanitie of all that hath to this purpose hitherto by him béene said is hereby detected But admitting the conclusion were true That processe not made according to the order and forme of the statute were void how can he inferre hereof that all not being preachers whome therefore he calleth Dumbe and idoll-ministers are no ministers at all Dust we thinke that such as at their making ministers are able to preach haue this priuiledge peculiar onelie to them that no part of the forme can possiblie be omitted at their ordination and that other that be not able are all so vnhappie that the Bishop possiblie cannot at their ordination hit vpon it But what shall we saie then if one able to preach and another not able be at one time and in one maner ordeined togither shall the one shall both or shall neither for want onelie of some forme be ministers Indeed and by law according to this mans supposition 42. Section Pag. 85. THaue shewed before what force these reasons of similitude or comparison are of in all disputation but especiallie in matter of law His * L 10. ff de decuri first That the inserting of a mans name in the register of decurions will not make him a decurion without a due election being set by him vnquoted hath not so much as a colour or shew to prooue anie thing else but that euerie one is not straight without the outward calling of the church to be reputed a minister though he by some meanes haue gotten letters of orders The * l. 30. ff quaÌ„do dies lega cedat reason of the other law by him alledged whie the Iegacie giuen to an infant the day of hir marriage shall not be due before the be married and haue atteined twelue yeares of age is bicause before that time it is but a mocke marriage and may be dissolued at such age neither is reputed a iust and lawfull matrimonie before that time according to that * Institut de nupâ—â—s in initio Iustas nuptias inter se contrahunt ciues Romani viri quidem puberes foeminae autem viripotentes If he will applie this to his purpose then must he prooue that an ordination into the ministerie of any not able to preach is by lawe as no ordination the contrarie where of I * Sect. 30. haue afore shewed euen out of that statute which here he alledgeth where it was also said that the statute hath no one word to make void admissions to orders in respect of any default there touched as may appeare to those who will peruse it 43. Section Pag. 85 86 87 88 89. BIcause our author will make sure
iuri communi Statutes ought so to be vnderstood that they may adde somewhat to common right Circa sublimes literatas personas quae maioribus beneficijs sunt honorandae cum ratio postulauerit per sedem apostolicam poterit dispensari Conceruing men of Nobilitie and learning who with greater 3. Extr. de prebend c. fi de multa benefices are to be honoured the Apostolike sea if reason shal require may dispence with such And in another Chapter the same is confirmed Pag. 127 MVLTA ENIM in hoc casu dispensationem inducere videbantur literarum scientia morum honestas vitae virtus fama personae multiplieiter a quibusdem etiam ex fratribus nostris qui eumin Extr. de elec c. innotuit scholis cognouerant approbatae Manie things in this case seemed to leade to the graunting of a dispensation his learning his honest conuersation his vpright life and the good report of the person diuerslie commended euen by some of our brethren vvhich knevv him at schoole These gifts and graces these qualities these conditions are incident and appertaine by common right to these men that by waie of dispensation may possesse manie benefices Whosoeuer then is not commendable for his learning for his honestie for his sincere life or not of some auncient and noble familie the same man by lawe is vtterlie barred and secluded from this benefit The second qualitie required to the validitie of euerie dispensation is the waightinesse of some speciall cause as appeareth in the Chapter before recited in these words Cum ratio postulauerit when reason requireth And againe wee aunswere saith Alexander the third in a decretall Epistle written to the Bishop of Exceter that it belongeth to the iudgement of Extr. de voto c. 1. him that is President that hee consider diligentlie the cause of communication and so accordinglie to dispence And by the Chapter Magnae Extra de voto It is plaine and euident that there must be some speciall cause knowen for the which euerie dispensation is to be graunted For as I saide before to the ende that euerie dispensation be good and auaileable by Law there is required necessarilie both the abilitie of the person to whom and the iustice of the cause for which the same ought to be giuen For neither may an able man without a iust cause neither a iust cause without an able man moue the Iudge in anie wise to dispence And to tell you what these speciall causes are in few wordes they Pag. 12l are these vrgent necessitie and euident vtilitie of the Church Extra de ele c. cum nobis Propter vrgentem necessitatem euidentem vtilitatem ecclesiae Capuanae quam in hac parte potius approbamus volumus ipsum firmiter perdurare For the vrgent necessitie and euident vtilitie of the Necessitie vtilitie of the Church onely iust causes of a dispensation 1. q. 7. requiritis 〈◊〉 nisi Church of Capua which on this behalfe wee rather haue respect vnto our pleasure and will is that hee continue It is vnlawfull by common right for a Monke or laie man to bee admitted to the gouernment of anie Church with cure of soule yet notwithstanding if by reason of warre famine persecution or other extraordinarie cause the office of pastorall teaching did cease so that the people had none to instruct them in the waie of saluation now in this case it is lawfull for him that hath authoritie to dispence with a Monke or laie man endued with learning to the end hee might by instruction bring the people to knowledge It is vnlawfull that children borne of a Runne violentlie taken aware and married should be admitted to anie Ecclesiasticall orders Notwithstanding if the great profit or necessitie of the Church require they may by dispensation bee admitted Suppose there were a custome of long continuaunce and time out of minde in the Church of Paules contrarie to the first foundation of the Church that not onelie the Prebendaries dailie present at diuine seruice but also others absenting themselues should receiue euerie one a like some dailie pention either in money or some kinde of victuall this custome by lawe is voide because it is vnreasonable And yet notwithstanding anie iust and necessarie infirmitie of the bodie of anie Prebendarie or euident vtilitie of the same Church may bee a lawfull and sufficient inducement for the Ordinarie to dispence with the not restoring of that which was vnlawfullie taken vnder pretence of the former custome Pag. 129 If by the first foundation of the Church of Paules tweine Prebendaries were appointed to bee mainteined by the reuenues of the Church and the sayd reuenues were not sufficient for the mainteinance of these twelue the Bishoppe then in this case if the necessitie and vtilitie of the Church so require may annect certaine other Chappelles for the mainteinance of the sayde Prebendaries These examples doo sufficientlie prooue that euerie dispensation priuiledge or immunitie ought to bee grounded vppon some iust and reasonable cause and that the sayde iust and reasonable cause ought euermore to bee the vrgent necessitie and euident profit and commoditie of the Church And that the said vrgent necessitie and euident commoditie of the Church ought euermore to bee vnderstoode the well gouerning of the soules of the people If therefore neither vrgent necessitie or euident vtilitie of the Church require that anie one should haue manie Benefices yea rather if it bee most profitable and necessarie for the Chruch that one man should haue but a liuing appointed for one man and that by ioyning benefice to benefice and Church to Church the Church indeede is meruailously wounded grieued and molested and that the soules of the people are thereby not gouerned at all but lefte at randon to their owne direction hauing no guide to conduct them euerie one may euidentlie discerne dispensations in that behalfe to be altogether intollerable hauing no ground nor foundation of reason equitie or lawe but onelie graunted for the priuate gaine and iucre of some couetous and vaine glorious persons Whereas it may be answered that the statutes of the realme licensing diuerse Ecclesiasticall persons qualified either by degree of schoole or by seruice vnto nobilitie ought more to be respected in this behalfe then the reasons of the Canon law Herevnto I aunswere that for my part I heartelie desire and praie vnto God that these lawes might be respected and that the law of England might rule an English man in this case But alsse our lawes are bels without clappers they are founded but they found not they are bands but they binde not Pag. 13 For though by the statutes of the realme certaine noble mens Chaplaines others graduated in the Uniuersities be qualified and made capable of dispensations yet I denie the lawes of this Realme to approue anie manner of dispensations tollerable at all for anie kinde of these qualified men vnlesse the same be first in cases of
certeine times brawne from the old canons be but of law positiue why may it not by the same authoritie be likewise released and dispensed with And in deed the occasion of such prohibition at some solemne times of fasts praiers was grounded vpon the same reason that the Discipline of France forbad the receiuing of the communion by the new married couple that daie Yet he is not thus content to rest in this interpretation but must haue a fling sawcilie to traduce the whole parlement as Falling into two palpable absurdities by want of foresight due examination D that they which were in parlement then had beene powdered but with a little salt of that discretion and forecast wherewith this man thinketh he is thoroughlie seasoned Then no doubt some famous church-plat would haue beene hatched which as yet is but a castle built in the aire by his owne shallow conceit The first Absurditie in this statute he noteth in that it is Left to the Archbishops determination what is repugnant to scripture what conuenient for the honour and safetie of the prince for the wealth and profit of the realme The first whereof if it should be attributed to any one man which for the difficultie of meeting vpon euerie occurrent and other confusion in multitudes cannot indeed conuenientlie be otherwise I doo sée no cause but by common intendment the Archbishop may be holden for as sufficient a man as any one other to decide what is repugnant or not repugnant to Gods word Albeit there is no one word in the act that either yeeldeth the determination hereof or of the other two vnto him but rather as may be collected the contrarie For the two bookes of tares which must conteine the rate of euerie sacultie that is to passe and which vsuallie before had béene granted at the Sée of Rome are by statute to be set downe by the Archbishop the Lord Chancelor the Lord Treasurer and by the two chéefe iustices of both benches for the time being But in vnaccustomed cases the Archbishop can passe no facultie at all vnlesse the prince or councell shall determine it and giue licence vnto him so to grant But if all these Contrarieties and absurdities that hitherto to the Abstractor vainlie as you sée hath bungled about should be granted to be in the statute yet how could the Minor proposition hereby be confirmed which was his purpose to prooue that It is not conuenient for hir Highnesse honor and suertie to leaue any maner of authoritie in the Archbishop to dispense For there might be some parts of the statute and some faculties absurd yea all might be so and yet hir honor and suertie no waie impeached for Vtile per inutile non vitiatur◠that which is to no purpose dooth not hinder that which is to some vse And if he would haue authoritie of dispensing taken from the Archbishop and to be giuen vnto hir Maiestie in respect of vnlawfulnesse of dispensations how shall this be lawfull in hir Highnesse royall person more than in his And the vanitie also of his Other absurditie is discouered which would therefore euerthrow the whole act bicause it is vnsitting he saith For a subiect to grant a dispensation to his souereigne But albcit there neither is nor can be so frequent an vse of such dispensing with the princes owne person as was when the statute was made by reason manie humane lawes brought in by canons of councels were then throughout all this west church suffered to be in force euen with souereigne princes as about vowes marriages within certeine degrees of carnall and spirituall as they termed it consanguinitie or affinitie clandestinitie legitimation of children borne before espousals and such like a number more than now are yet doo I thinke it too generall simplie to be set downe that now there can be no vse of anie dispensations at all for the princes owne person as by examples might be shewed if it were requisite For although the person of the prince néedeth not to be dispensed with for the positiue law of man being made by his direction according to that Dispensation which is a relaxation of law in some particular case the bond and strength of it otherwise remaining in force nor can for the law of God which no man may release in anie particular mans case the bond of it being perpetuall yet notwithstanding I doo not see but by a Dispensation of iustice which is a true and vpright interpretation and declaration that the law of God of nature or of nations according to the true sense and meaning thereof hath not place in some particular action which otherwise might in shéw appeare to be included in the generalitie of them that in this respect it may be expedient euen the princes person sundrie times so to be prouided for And this the rather bicause by law and naturall reason Nemo secum dispensat no man can impart a dispensation vnto himselfe So that the Archbishop in such a weightie case hauing with the best learned in the land maturelie debated the matter with all circumstances and found vpon pregnant and inuincible reasons that it cannot be trulie said to be against anie of the former immutable lawes if then he shall In perpetuam rei memoriam in autentike forme vnder his seale set downe this resolution it cannot iustlie be auowched that the princes honor or prerogatiue is hereby any waie abased but rather the quiet of his mind well prouided for and the doubts which in processe of time might here vpon be cast wiselie and godlie to be met with for the profit and benefit of the realme Neither can such dispensation touching the princes owne naturall person in matter of conscience or of some positiue ecclesiasticall law which reacheth vnto him be any more derogatorie to his honor or royall prerogatiue than * 1. Hen. 7 4. when the iudges of the land did determine that the attainder by parlement of the person of the noble king Henrie the seauenth was vpon his calling to the crowne by the verie operation of the law adnulled and discharged Or when Archbishop Cranmer gaue sentence for the nullitie of marriage contracted betwixt king Henrie the eight and ladie Katharine Dowager his late brothers wife Whereby may also be perceiued that the difference which the Abstractor taketh betwixt the iudgements of the iustices and the dispensations of the Archbishop as not touching the kings owne person like as dispensations doo to be destitute of footing or sound and good ground to stand vpon And although in words he séeme outwardlie thus to tender hir Maiesties honour and prerogatiue yet the place which he alledgeth out of the ciuill lawe looketh a cleane contrarie waie For thereby he would subiect the princes person to his owne positiue laws euen of necessitie bicause in the ciuill law the * Imp. Theodos Valentinian in l. digna vox C. de legib c. emperors say It is a word worthy the
plentifull storehouse of law wherewith by long and painefull studie no doubt he is furnished hath at the length with much trauell and greeuous throws brought into the world such a litter of lawes as the Archbishop could not haue had with so apt applications at the best Ciuilians mouth about the arches for a thousand pound But if he meant onlie to informe aforehand those which shall sit vpon the Commission which he mindeth to purchase forth how they may trip the Archbishop for breach of these lawes which yet For the most part heretofore were vnknowne and vnpractised then it were requisite he should yer he leape looke whether his Rapsodies and Summaries haue not deceiued him and whether his collections vpon them were not something too hastilie ripe for to last out anie long time That a Gl. extra vag execra bilis de praeb ver vltimo which he quoteth in the first place though it be true that a knowledge of the cause must be had conteineth no such matter at all that Priuileges be preiudiciall is neither generallie true nor yet prooued and confirmed by anie of the lawes which he alledgeth But that those things which doo bréed preiudice are to be handled with full knowledge taken of the matter which he translateth vnskilfully Decision of the cause are the words of the summarie of that law and b Summa l. de etate ff de minoribus not so full in the verie law it selfe And yet by the word Preiudice there vsed a damage or detriment as it signifieth in our common speech is not meant but a foreiudging of one thing implied by another albeit that other meaning giuen by me else-where to the same place may be also safelie admitted That of the c Gl. in ver certa ratione c. sane Ext. de priuileg per c. petisti 7. q. 1. consideration of the reason and deliberation to be had in granting a priuilege are the words of the glosse and not of the text gathered by the like example of that canon by him quoted Potuisti in steed of Petisti The other is too strange a quotation for me to coniecture what should be meant by it or where it may be heard of The next likewise to these is such a § quoted without law as I can not find in the title whither he directeth me That d Linuito ff de regulis iâ—ris following is not Inuito non debet conferri beneficium but Non datur a benefit is not bestowed of a man which is vnwilling to receiue it The place out of the e c. licet Aeli Ext. de simon decretals hath no such matter as he ascribeth to it but conteineth a good example of it whereof by waie of argument that may be drawne And that f Summar l. fin C de fidei com libertatibus out of the Code is the summarie onelie gathered of that law which is quoted but he shall neuer prooue good lawyer Qui sapit tantùm ex summarijs as one truelie saith And these be his proofes of the two first heads which he hath as slenderlie you sée prooued as it was in truth superfluous to stand vpon such points which beeing truelie vnderstood none will denie Yet if either the looking into the cause or petition of the partie should be omitted there is no one word here so much as cast out that in such respect the dispensation should be void But I do coniecture that of the Petition of the partie is brought in by him against the vsuall clause Ex mero vel proprio motu though he doo not plainelie expresse so much If it be so then truelie he sheweth his ignorance greatlie therein for a man may be said to grant of his owne proper or meere motion although the partie made petition when * Bald. in c. nisi Ext. de off legat Dec. cons 51. pro tenui Câ—â—t sen coÌ„sil 66. Paris in c. accedentes Ext. de preser Cagnol in l. qui cum aliâ— ff de reg iuris as he is not mooued to grant onlie bicause the other desired it but of a willingnesse also and bountie in himselfe But how the Abstractor should vpon these spéeches ground which he was bungling about once before euen with a contrarietie to himselfe that no cause may be alledged for obteining of a dispensation Sauing necessitie and vtilitie of the church I can not possiblie deuise except he be inspired with Anaxagoras spirit Per 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by Pythagoricall transanimation who would make Quidlibet ex quolibet euen what you will of anie thing Touching his Syllogisme I am to saie that if in his indefinite Minor assuming Dispensations to be hurtfull and preiudiciall he will speake like a Logician with whom propositions of that quantitie are reputed equiualent with particulars I will grant that some be such But if he speake therein as a lawyer with whom such are correspondent to vniuersall propositions I doo denie it as vntrue Further I obserue that he hath caâ—telouslie changed the words of the glosse speaking of Deliberation and aduisement and whervpon his Maior should be warranted into Consultation as though it were requisite in granting of euerie dispensation to haue a solemne conference of I know not whom or how maâ—â—e to debate the matter And where by supposall he saemeth to deliuer that vpon The consultation a Sentence must be framed to that purpose and thereto * c. sano Exâ— de priuilegijs quoteth a place it dooth no more serue this turne than if he should haue alledged it for proofe that an armie of men ought also to be present As touching the third point I doo yeeld that he which séeketh a dispensation ought not to suggest or conceale any thing outward and in fact whereby it is probable the iudge might be led to denie such dispensation And likewise that an inferior iudge who is tied in dispensations to the ordinarie course of law should not dispense in such cases as he is persuaded the superior who gaue him authoritie would not dispense in The first of the places which to this purpose he bringeth is either by the printer negligentlie or by himselfe so peruerselie quoted that I haue no direction therby to find it The other place speketh not of dispensing but of iudging and decideth that there should lie none appellation A praefecto praetorio being the chéefest officer vnder the Emperor and not much vnlike the L. Chancellor here bicause it was to be beléeued and presumed that he would iudge none otherwise than the prince himselfe would and is not as he alledgeth Non aliter iudicare debet He ought not otherwise to iudge but it is to be beleeued that he will not iudge Now to prooue that the parlement which by act authorized the Archbishop to dispense would not grant a facultie for two benefices though all externall circumstances consisting in fact were in specialtie trulie recounted without concealment of any point
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