the authoritie aforesaide for our said Soveraigne L. the King his heyres and succerssors from tyme to tyme and at all tymes to nominat and appoint by his and their Highnes letters patents vndee the great Seale of England for euerie Shire and Shires Diocesse and Diocesses within his or their H. Dominions one or moe able sufficient persons learned in the civill lawe to be his and their Notarie and Notaries Register and Registers by him them selues or by his or their lawfull Deputie or Deputies to doe performe and execute all and euery such act acts thing and things as heretofore in the Courts and Consistories Ecclesiasticall aforesaid hath bin and now are incident and apperteyning to the office of any Register or Notarie And further at the humble suite of the Commons c. it may please the King to haue it enacted That all singular matters of Wills Testaments with all and everie their appendices that all and singular matters of Spousalls Mariages with their accessories that all and singular matters of diffamation heereto fore determinable in the ecclesiasticall Courtes and if there be anie other causes of the like meere civill nature shall be heard examined and determined by the said civill and secular Officers and Iudges in the said civil and secular Courtes according to the due course of the civil law or statutes of the Realme in that behalfe provided And that all matters of Tythes Dilapidations repayre of churches and if there be anie other of like nature with their accessories and appendices shal be heard examined and determined by the saido civill and secular Officers and Iudges in the said civil and secular Courtes according to the Kings ecclesiasticall lawes statutes and customes of the Realme in that behalfe heeretofore vsed or heereafter by the King and Parleament to be established And at the humble suite of the Commons may it please the King to haue it further enacted That all maner of fees heeretofore lawfull or heereafter by the King and Parleament to bee made lawfull for or concerning the probat of Willes administration of the goods of the intestat letters of tuition receyving or making of accompts inductions to Archbishoprickes Bishoprickes Dearries Parochiall-churches or other spirituall promotions and all other feees what soeuer heretofore lawfull or hereafter to be made lawful for anie travaile or paine to be taken in or about the expedition and execution of any of these causes shall for ever hereafter be fees allowances appropriated to the Iudges and principall Registers of the sayde Courtes equally to be devided betwene them as heeretofore hath bin accustomed and that the said Iudges and Ministers within their severall charges shal be Collectors of the Kings tenthes and subsidies graunted and due by the Clergie taking for their travayle and payne in and about the same collection such fees as heretofore haue bin accustomed Provided alwayes that none of the saide civill and temporall Officers and Ministers nor any of them for any offence contempt or abuse to be committed by any person or persons in any wise incident to any of the said Courts and Consistories suspend excommunicate or interdict any person or persons but shall and lawfully may by authoritie of this present Act proceed against everie offendor and offendors by such ordinarie processe out of the said Register or Notaries office as is vsed vpon a sub-pae-na out of the high Court of Chancerie and there vpon default or contempt to proceed to attachment proclamatiō of rebellion and in prisonment of the partie offending as in the said high Court of Chācerie is vsed Provided also that all appeales hereafter to be made from all and every Court and Courts in the Shyres and Diocesses of the Countrey shal be made to the higher Courtes as heretofore hath bin accustomed onely with an alteration and addition of the names stiles and dignities of Archb. Bb. and other Ordinaries vnto the name stile and dignitie of our Soveraign Lord the King his heyres and successors And that vpon the appeales so to be made it shall and may be lawfull for the Iudges Ministers of Iustice of and in the said higher Courts to make out all maner of processe and processes and to doe execute all and every act and acts thing things for the furtherance of Iustice in the causes afore said as to them shall by the law seeme equall right meete convenient any law statute privilege dispensation prescriptiō vse or customs heretofore to the contrarie in any wise notwithstanding Provided also that all and every such Iudge and Minister that shall execute any thing by vertue of this act shal from time to time obey the Kings write writs of prohibition of attachment vpon prohibition and indicavit and not to proceede contrarie to the tenour of such write or writes in such and the same maner and forme and condition as they have or ought to haue done before the making of this act any thing in this act to the contrary notwithstanding Provided also that this acte or any thing therein conteigned shal not extend or be interpreted to give any authoritie to the said Iudges Ossicers or any of them to put in execution any civill or Ecclesiasticall lawe repugnant or contrariant to the lawes statutes or customes of the Realm or hurtfull to the Kings prerogatiue Royall And thus it may seeme to bee but a small labour a litle cost and an easie matter for the Kinge his Nobles and Wise men of the Realm to devise formes of iudgement and maner of processe proceedings without any offices or functions of the canon law wherby the vse and studie of the civill lawe and the rewarde and maintenance for Civilians might be furthered and increased and not vtterly overthrowne taken away as the Admonitor vncivily beareth vs in hand As for the alteration of the censure of excommunication for contumacie mētioned in this proiect we haue the consent of the reverende Bishops in Pag. 138. this admonition that the same may bee altered For the Admonitor their Prolocutor speaketh on this wise Viz. As for Excommunication for contumacie by the Admonitors iudgement may be takē away without offence and with the good liking of the Bishops the excommunication practised in our ecclesiasticall Courts for contumacie in not appearing or not satisfying the iudgement of the Courte if it had pleased the Prince c. to have altered the same at the beginning and set some other order of processe in place thereof I am perswaded saith he that the Bishops Clergie of the Realme would haue bin very well contented therewith And speakinge of a certaine maner of civill discomoning vsed in the Church of Tigure he further addeth viz. Which or the like good order devised by some godlie persons if it might be by authoritie placed in this Church c I think it would be gladlie receaved to shun the offence that is taken at the other Admonition And matters
of Tythes Testaments and Matrimonie matters also of adulterie slander c. are in these mens iudgments mere teÌ„poral c. therefore to bee dealt in by the temporall Magistrate onely which as yet haue eyther none at all or very fewe lawes touching those things therefore the common lawe of the Realme must by that occasion receaue also a verie great alteration For it wil bee no small matter to applie these things to the temporal law to appoint Courts Officers and manner of processe and proceedings in iudgement for the same Assertion In deed we hold that all these matters whereof mention is here made and all Matters of tythes and other causes of like nature perteine to civill Iustice others of the like nature are merely civill and temporall and by the temporall Magistrate alone to bee dealt in and to be discussed if we consider the administration of externall and civill iustice And this wee thinke wil be graunted of all and not be denied of any vnlesse they be too to popishly addicted In regard whereof wee haue drawen as before is mentioned a proiect howe Courts and maner of processe and proceedinges in iudgement by Doctors of the civill law may be appointed by the King and his high Court of ParleameÌ„t without that that the common law of the Realme by the occasion of any such courts officer or maner of processe and proceedings must receave any alteration at al muchlesse a very great alteration Howbeit if it should not please the King and that the Civilians could not finde favour in his sight by courts offices and maner of processe and proceedings in iudgement before specified or by the like to have the studie of the civill law advanced yet we thinke it convenient once againe to â—owe matters of Tythes c. may be dealt in by the Kings Iudges be examined howe these matters may be dealt in according to the rules grouÌ„dâ— of the common lawe before the Kings Iudges and Iustices of the Kings bench and common pleas By a statute of 32. H. 8. c. 7. it is cleare that all tythes oblations c. and other ecclesiasticall or spirituall profits by the lawe or statutes of the Realme may bee made temporal as being admitted to be abide go to and in temporall hands laye vses and profits From the reason 〈◊〉 which statute it is cleere that those lawâ—â— likewise may be reckoned amongst 〈◊〉 for temporall lawes which by the lawâ—â— and statutes of the Realme may be executed by temporall and lay persons and which are conversant about temporall and lay causes If then the execution of the lawes touching these matters may lawfully remaine abide in the hands of Doctors of the civill law being temporall and lay persons as alreadie vnder the Bishops they doe it can not be denied but that the Kings Iudges and Iusâ—icers of both Benches may be as competible Iudges to put in execution the lawes concerning these matters as Doctors of the civill law or other lay-men be But the causes are not reputed and called temporall lay causes amongst vs. What for that if in their owne nature simply considered these causes bee meerely laye and temporall causes such causes I meane as whereof the King a â—ay civill and temporall Magistrate by his lay civill and temporal Magistracie â—erived vnto him immediatly from the holy law of God may and ought to take â—ognizaÌ„ce thervpoÌ„ either in his own Royall person or by the person of any of his inferior Officers may giue absoâ—te peremptorie iudgement If I say â—hese things be so what booteth it or that wisedom is it contend that these causes and matters have bin and are stil adiudged to be therefore ecclesiasticall no temporal causes because through an abusive speech or through a vaine and evill custome they haue bin so called and accompted in times past And what if it hath pleased the Kinges Progenitors by sufferance to tollerate the execution of such lawes as concerne these things to be in the hands power of Ecclesiasticall persons yet here vpon it followeth not that in very deede and trueth the Magistracie of the said ecclesiasticall persons was an ecclesiasticall Magistracie or that they were ecclesiasticall Magistrats but their Magistracie was and remayned still a temporall magistracie they were and aboade temporall Magistrates For not more can the qualitie of the person alter the nature of the cause then can the qualitie of the cause alter the nature of the person And if it be true that matters determinable in tymes past by a Magistracie abusivelie called ecclesiastical be notwithstandinge properlie temporaâ—â— matters and that the same Magistracie also be a temporall no spirituall Magistracie what a childish poore coÌ„ceit is it to challenge threp vpoÌ„ the teÌ„porall Magistrat that he hath none or verie few temporall lawes touching those matters And that therefore the people should not sollicit an alteratioÌ„ of abuses in Church-goverment least for want of temporall lawes the people should bee without ecclesiasticall discipline It will be no small matter saith hee to applie these things to the temporall lawe yea and so say I to But what of that The question is not how hardly these things may be applied to the temporall lawe but how small a matter it were to applie the temporall law vnto these thinges For it is not said in any law that casus ex iuribus but it is said in all lawes that The temporal law may easily be applied to causes nowe reputed ecclesiasticall ex casibus â—ura nascuntur And in deede the Phisition applieth not the disease to his phisicke but he prepareth his phisicke for the disease The husband-man he measureth not his grouÌ„d by the seed but his seed by the ground The Draper he meateth not his yarde by the cloth but his cloth by the yarde If in like maner the temporall lawes and the grounds and rules thereof were applied to these matters of tythes marriages c. whereof he speaketh what more alteration could there be of the temporall law by such an application then there is an alteration of the pluÌ„met by laying it to the stone or then there is an alteration of the rule or yard by laying them to the timber cloth Besides he that rightly and after an exact equall proportion can apply one rule or maxime of the teÌ„porall lawe to many more cases then wherevn to it hath bin vsually in former times applied he may rather be reputed an additioner then an alterer of the law But how may the temporall lawe be applied to those matters How even so and so as followeth By the statute 32. Howe Tythes may bee recouered in the Kings teÌ„porall Courts H. 8. c. 7. it is declared that tythes oblations c. and other ecclesiastical or spirituall profitts c. beinÌ„g in laye mens handes to laye vses be no more ecclesiasticall but temporall goods and profittes and that if any person were disseysed
deforced wronged or otherwise kept or put from his lawfull inheritaÌ„ce estate seysin c. of in or to the same by anie person clayming or pretending to haue interest or title in or to the same that then in all and euerie such case the person so disseysed deforced or wrongfullie kept from his right or possession shall and may haue his remedie in the Kings temporal Courtes as the case shal require for the recouvery of such inheritance by writt originall c. to be devised and graunted out of the Kinges Court of Chancerie in like maner c. It is there likewise provided that that Act shal not extend nor be expounded to giue anie remedie cause of action or suite in the Courtes temporall against any person which shall refuse to set out his Tythes or which shall deteigne c. his Tythes and offerings But that in all such cases the partie c. having cause to demand or haue the same tythes shal haue his action for the same in the Ecclesiasticall Courtes accordinge to the ordenance in the first part of that act mentioned and none otherwise Now then sit hence euery person whether he be laie or Ecclesiasticall having â—â—ght to demand tythes and offeringes hath the partie from whom those tythes 〈◊〉 due bound obliged vnto him and thence also the partie not dividinge yeelding or paying his tythes doth actuallie and reallie deteigne the same and thereby doth vniustlie wrong the partie to whom they be due contrarie to iustice the Kings lawes sithence I say these things be so what alteratioÌ„ or disadvantage could befall or ensue to the common law or the Professors thereof if so bee it might please the King with his Parleament to haue the last part of this Act so to be explaned extended and enlarged as that the same might giue remedie in the Kings temporall Courts by writt original to be devised granted out of the ChaÌ„cerie against any person deteigning his tythes and offeringsâ— the Hospitall of St Leonards in Yorke of the Kings foundatioÌ„ and Patronage Hospitall of S. Leonard 1. 2. H. 6. c 2 endowed of a thrave of corne to be taken yerely of euery plouÌ„gh earing with in the Counties of Yorke Comberlande Westmerland and Lancaster hauing no sufficient or covenable remedie at the common law against such as withheld the same thraves it was ordeigned by the King in Parleament that the Maister of the said Hospitall and his successors might haue actions by writt or plaintes of debt or detinue at their pleasure against all and every of them that deteyned the same thraves for to recover the same thraves with their damages And by a statute 32. H. 8. c. 44. it is enacted That the Parsons and Curates of five parish churches whereinto the Towne of Roysen did extend it selfe and everie of them the successors of every of them shall haue their remedie by authoritie of that Act to sue demaund aske recover in the Kings Court of Chancerie the Tythes of corne hay wooll lambe and calfe subtracted or denyed to bee paide by any person or persons Againe Vicars Parsons or Improprietaries do implead any man in the ecclesiasticall Court for tythes of wood beeing of the age of 20. yeeres or aboue for tyth-hay out of a medow for the which tyme out of mind memorie of man there hath onely some Meade-silver bin paied or if a debate hang in a spirituall Court for the right of tythes having his originall from the right of Patronage the â—uaÌ„tite of the same tythes do passe the â—urth part of the value of the benefice prohibition in all these and sundrie other cases doth lie and the matters are to be tried and examined in the Kinges Courts according to the course of the common lawe vnlesse vpon iust cause there be graunted a consultation And if in these cases in maintenance of the common law the defendants haue relief in the Kinges Courts I thinke it more meete to leave it to the consideration rather of coÌ„mon then to the iudgemeÌ„t of canon Lawiers to determine what alteration the common law could sustayne in case all Plaintiffes aswell as some defendants might pray the Kings ayd for the recovery of tythes especially seeing at this day the maner of paying tythes in England for the most part is now limited by the coÌ„mon and statute lawes of the Realm and not by any forraigne canon law Obiect But there is some fact happely so difficile so secreat and so mystical in these causes of tythes as the same cannot without a very great alteration of the common law be so much as opened before a lay Iudge or of the hidden knowledge wherof the Kings temporall Iudges are not capable Answere Why then let vs see of what nature that inextricable fact may bee I haue perused many libels made and exhibited before the ecclesiasticall What facts touching the witholding of tythes are examinable in the ecclesiasticall Courts Iudges yea and I haue read them over and over and yet for grounde of complaint did I never perceave any other materiall and principall kinde of facte ' examinable in those Courts but onely such as follow First that the partie agent is eyther Rector Vicar Proprieiarie or Possessor of such a Parish-Church and of the Rectorie Vicarage farm possession or dominion of the same and by vertue thereof hath right vnto all Tythes oblations c. apparteyning to the same Church and growing with on the same Parish bounds limitts or places tythable of the same Secondly that his predecessors Rectors Vicars c. tyme out of minde and memorie of man haue quietly and peaceably receaued and had all and singular Tythes oblations c increasing growing and renuing within the Parish c. and that they and he haue bin and are in peaceable possession of hauing and receaving Tythes oblations c. Thirdly that the partie defendant hath had and received in such a yere c. of so many sheepe feeding and couching within the said Parish c. so many fleeces of woll and of so many ewes so many lambes c. Fourthly that the defendant hath not set out yealded or paid the Tyth of the wooll and lambe and that every Tyth fleece of the said wooll by common estimation is worth so much and that every Tyth lamb by coÌ„mon estimation is likewise worth so much c. Fiftly that the defendant is subiect to the iurisdiction of that Court wherevnto hee is sommoned Lastly that the defendant doth hetherto deny or delay to pay his Tythes notwithstanding hee hath bin requested there vnto These and such like are the chief matters The Kinges Iustices are as able to iudge of exceptions against tithes as the ecclesiastical Iudges of fact wherevpon in the ecclesiasticall Courts proofes by witnesses or recordes rest to be made for the recoverie of tythes And who knoweth not but that these facts vpon proofes made before the Kinges Iustices may aswell bee decided by
honorable CouÌ„cell keeper of the Kings privie Seale or two of them calling vnto them one Bishop one temporal Lord of the Kings most honorable Councell the two chiefe Iustices of the Kinges bench and common Pleas for the time being or other two of the Kings Iustices in their absence haue full power and authoritie to punish after their demerits all misdoers being founde colpable before them If wee search our statutes besids the Courts and matters determinable in these spoken of before we shall find that the complaints of errour whether it touch the King or any other person 31. E 3. c. 21 made in the Exchecquer should be done to come before the Chancelor Treasurer who taking to them two Iustices other sage persons are duely to examine the busines and if any errour be found to correct amend the Roles c. By reason of delayes of iudgments vsed in the Chauncerie in the 14. E. 3. c 5 Kinges bench common bench and in the Exchecquer it was assented established and accorded that a Prelate two Earles and two Barons chosen by the ParleameÌ„t by good advise of the Chancelour c. shall proceed to take a good accord and to make a good iudgement When it was complayned vnto the King that the profites c. of his Realme by â—0 K. 2. c. 1 some great Officers c. were much withdrawen and cloyned c. it pleased the King c. to coÌ„mit the surveighing aswell of the estate c. of his house c. vnto the honourable Fathers in God William Archbishop of Canterburie and Alexander Archbishop of Yorke c. by a statute of commission for a 6. H. 6. Sewers by a statute for punishmeÌ„t of b 11. H. 5. c. 25. periurie by a statut against making or executing of actes or ordinances by any c 19 H. 7. c. 7. Maisters c. being not examined c. by the Lord Chancelour Treasurer or chiefe Iustices c. By a statute for the erection of the Court of d 27. H. 8. c 27. AugmeÌ„tation by a statute for erection of the Court of firste e 32. H. c. 45. fruits tenthes and lastly by an f 27. Eli. c. 8 acte for redresse of erroneous iudgements in the Court commonly called the Kinges Bench By all these statutes I say it is very apparant that the Administration of publike affaires in the coÌ„mon weale hath never bene vsually committed to the advisemnet discretion or definitiue sentence of any one man alone Which point is yet more fully and more perfectly Lord president and counsell in Wales Lord president couÌ„sell in the North parts Lord Deputie counsell in Irelande The Kinge and his honorable privie Counsel to be vnderstood by the establishment continuance of the Kings Lord President and Councell in Wales of the Kings Lord President and Counsel established for the North of the Kinges Lord Deputie and Councell within the Realme of Irelande of the Kings Highnesse most honorable privie Councell chosen by him for the assistance of his Royall person in matters apperteyning to his Kingly estate and lastly of the supreame and grand Councell of the three estates in Parleament for matters concerning The Kinge his grand Counsell in Parleament the Church the King and the common Weale For whether respect bee had vnto the secrete affaires of the Kings estate consulted vpoÌ„ in his Highnesse Councell Chamber by his privie Counsaylors or whether we regard the publike tractation of matters in Parleament there can bee no man so simple as not to knowe both these privie and open negotiatioÌ„s to be carried by most voyces of those persons who by the King are called to those honorable assemblies And what a vaine iangling then doth the Admonitor keepe how idlely and wranglingly doth he dispute when against the government of the church by Pastours and Elders he obiecteth that the same will interrupt the lawes of the Realme that it wil be great occasion of partiall affectionate dealing that some will incline to one parte and that the residue wil bee wrought to favour the other and that thereby it wil be a matter of strife discord schisme and heresies Howbeit if never any of these extremities and dangers haue fallen out in the common weale by any partiall or affectionate dealing of the Kings Deputies Presidents Iudges Iusticers and other Officers Ministers associated vnto theÌ„ for the administratioÌ„ of Iustice or equitie in any of the Kings civill Courtes howe much lesse cause haue we to feare any partialitie affectioÌ„ working inclination favour strife debate schismaticall or hereticall opinions if once Pastours and Elders in every Congregation and not thoroughout a Diocesse one Bishop alone had the spirituall administration of the church-Church-causes Can many temporall Officers Iusticers and Iudges rightly and indifferently administer the law and execute iustice and iudgment without that that some doe incline to one part without that the residue bee wrought to favour the other part And cannot spirituall Officers dispatch spiritual affaires without that that they be partially affectionally disposed What is it so easie a matter that the Ancients of God and the Ministers of Christ can the one part incline to righteousnes and the residue be wrought to favor wickednes can some incline to God and vnto Christ and can other some be wrought to follow Satan and Antichrist For what other controversie is required to be decided by Pastours and Elders then the controversie of sinne betwene the soule of man and his God And is there any Christian Pastour or Elder that wil be wrought rather to favour the sinne of a mortall man then the glorie of his immortall God But to leaue the state of the Kingdome and common weale and the good vsages and customes of the same let vs come to the state of the Church it selfe and to the lawfull government thereof established even amongst vs at this day The gouerment of the Church ought not to be by one alone For whatsoever our reverend Bishoppes practise to the contrarie yet touching ordination and deposition of Ministers touching excommunication and absolution touching the order and rule of Colleges Cathedrall churches and the Vniversities the ecclesiasticall law doth not commit the administration of these things and regiment of these places to any one person alone The Vniversities admit not the goverment of the Chancelour being present nor of his Vicechancelour The gouerment in the Vniuersities not by one alone him selfe being absent as of one alone the Doctors Procurators Regents non-Regents haue all voyces and by most of their voyces the Vniversitie causes take successe The businesses The goverment in Colleges not by one alone of Colleges by the statutes of their founders are commended to the industrie and fidelitie of the President Vice-president and fellowes vnto the Provost Viceprovost and fellowes vnto the Warden Sub-warden and fellowes vnto the Maister
subversion vpō any nation that purely and soundly in place therof hath embraced the holy Sacrament of the Lords Supper It seemeth also to be equal for many ages past that the Bishop of Rome might haue supreame and absolute power over all persons states and causes not only in Rome Italy Spaigne Germany other forraigne Kingdoms but also in England and Scotland But as yet to the view of al the world it hath not proved perilous for the King Queen of England and Scotland to establish new lawes for the alteration of that ancient abuse And why hath it not bene dangerous so to do Why forsooth because there was evident vtilitie in doing of it But how could an evident vtilitie appeare before it was done How Forsooth because the holy law of God had warranted an alteration For faith having eyes to see the wisedom the power and the trueth of God in his word discerned a far of that the institution of the Lords Supper was long before the sacrifice of the masse And therefore our Kings by abandoning popery out of the Realme did not institute any new religion but onely they restored the old Now then if the same holy lawe of God doe condemne the choyce and thrusting of a Pastour vpon the people by one man alone and againe if the same lawe doe impugne the primacie of one Pastour over all Pastours as wel in a Diocesse or Province as in the whole West part of Christendome what daunger can it be not to disfrāchise the one sithence without any maner of danger we haue abolished the other or what perill can it be not to countenance the sonnes sithence without peril we haue discountenanced the father Especially seeing in this place of the admonition we haue a playne cōfession that the common maner of election of Pastors Elders and Deacons in the old Churches was made by the people For if the examples of schisme discord Common manner of elections in the olde churches was by the people contention did commonly appeare in the olde churches while that maner of election did continue then by his owne mouth that maner of election was common and did continue in the olde churches Besides this inconvenience saith he caused Princes Bishops so much to entermedle in this matter From whence it necessarily againe followeth that by the holy Scriptures and law of God Princes and Bishops did not entermedle with that matter at all For had it bin simply lawful for thē to haue Bb. medle not with election of Pastours by the holie Scriptures dealt in those causes by the worde of God thē as well before schisme discord and dissention as afterward yea rather much more before then afterward For then by their own right might Princes and Bishops haue prevented all occasion of schisme and contention and haue so preserved the Church that no tumult or disorder should once haue bin raysed or begun therein Againe if by the lawe of God Princes Bishops had medled in these matters and had not entermedled by humane devise then lawfully by their authoritie alone might they haue chosen Pastours Elders and Deacons in the olde Churches which thing in this place by necessarie inference he denieth For schisme saith he caused thē to entermedle So as by his confession they were but entermedlers and entercommoners by reason of schisme not cōmoners and medlers by vertue of Gods word And yet now a dayes our reverend Bishops in this case are no more entercommoners with Princes and with the people they are no more entermedlers as in olde times they were but they haue now so farre encroched vpon the prerogatiues of the Prince and privileges of the people that neither Prince Bishops encroch vpon the right of prince and people nor people haue any commons in the election of Pastours Elders Deacons with them at all Besides if schisme and contention among the people were the reason why Bishops first entermedled in the choise of Pastours we now having no schisme nor contention about the choise of Pastours by the people and so the cause ceasing why should not the effect likewise cease But this effect is therefore still to be continued because otherwise the cause would a new sprout out and spring vp againe Nay rather inasmuch as for these many yeares we haue had schisme discord dissention because the Bishops wholy and altogether haue medled in the choise of Pastours and haue thrust vpon the people whatsoever Pastours please not the people but pleased themselves haue not suffered the people to medle no not so much as once to entermedle in these matters in as much I say as these things be so it seemeth most expediēt requisite necessarie for the appeasing pacifying of this discord the taking away of this schisme to haue that maner of election which was in the old Churches restored to the people and this wherein the Bishops haue entermedled without authoritie from the worde to be abolished that so againe the cause of schisme and strife which is now among vs ceasing the effect might likewise cease After I had ended this tract in this maner touching this poynt there came into mine handes a booke intituled The perpetuall gouernment of Christes church written by Thomas Bilson Warden of Winchester Colledge in the fifteenth chapter of which booke is handled this question viz to whom the election of Bishoppes and Presbiters doth rightlie belong and whether by Gods lawe the people must elect their Pastours or no. In whiche Chapter also the matter of schisme strife and contention is handled The finall scope and conclusion whereof is as the proposition importeth two fold First cōcerning Bishops then concerning Pastours The quarell taken against Bishoppes doth not so much touch sayth he the office and functions of Bishoppes as it doth the Princes prerogatiue When you rather thinke the Prince may not name her Bishoppes without the consent and election of the people you impugne nor vs but directlie call the Princes fact and her lawes in question As touching this poynt of the proposition because the people by any lawe or custome never chalenged anie right or interest in the choyse of the Kings Bishoppes we haue nothing to medle or to make about the choyse of any of his Kinglie Bishoppes The Kinge only hath power without the people to nominate his Kingly Bb. Nay we confesse as his Highnes progenitours Kings of England haue bin the Soveraigne Donours Founders Lords and Avowes of all the Bishoprickes in England without ayd of the people that so likewise it is a right and interest invested into his Imperiall Crowne that he onely his heyres successours without cōsent of the people ought to haue the free nomination appointment collation investiture and confirmation of all Bishoppes frō time to time to be placed in anie of those Bishoprickes yea we say further that the King alone hath not power onely to nominate collate confirme but also to
can any way be pregnant to proue the other And touching his assumption viz but the planting of the gouerment practised by the Apostles and primitiue Church will draw with it many great alterations of the state of gouerment of the lawes If in this place he vnderstood the state of Church gouerment and of the lawes Ecclesiasticall now in vse then is the proposition true And yet notwithstanding we avow the Gospell to be so farre from incurring any ouerthrow by such an alteration as thereby it is certayne that the same shal more more florish and be perpetuallie established by reason that this alteration should be made frō that which by long experience is knowne to be corrupt vnto that which is knowne by the holy Scriptures to be pure and sincere From a gouerment I say and lawes authorized by tradition and commandements of man alone to a policy lawes founded and descended by and from God him selfe But if the Admonitor by the assumption ment to enforme vs that the planting of the Apostolical gouerment will draw with it manie and great alterations of the temporall state of gouernment and of the temporall lawes statutes or customes of the kingdome then as before to his first so now also to his seconde I answere negatiuely and affirme that the The planting of the Apostolicall gouermēt will draw no alteratiō of the lawes of the realm with it planting of the said Apostolicall gouerment will not draw with it any least alteration of anie part of that temporall state of gouerment nor almost of anie one common statute or customarie law of the Land which may not rather bee altered thē reteyned For this platforme of gouerment we are able by the helpe of God to defend the same generallie for the most part to be most agreeable and correspondent to the nature qualitie disposition estate of our countrey people common weale and lawes as in our particular answeres to his particular reasons shall more at large appeare In all new and extraordinarie alterations it is not onely requisite to abolish al bad opinions out of the minds of those that know not the drift of the enterprisers but it is also necessarie that the defence of such alterations be made forcible against the opposition of all gaynesayers We will descend to the particulars ioyne issue with the Admonitor And vpon allegations exceptions witnesses and recordes to be made sworne examined and produced out of the holie Scriptures and lawes of the Land alreadie setled on the behalf of our cause before our Soveraigne Lord the King his Nobles and cōmons in Parleament we shall submit our selues and our cause to the Kings Royall and most Christian Iudgement In the meane time we 〈◊〉 that not onely the former clause of this admonitorie Bill but that al other clauses following in the same bill for the invaliditie insufficiencie indignitie and nullitie of them are to be throwne out and dismissed from the Kings Court especiallie for that the particulars opened by the Admonitor can not serue for any reasonable warning to induce the common people to relie themselues vpō his I am of opinion to the which wee plead at barr as followeth Admonition First saith he the whole State of Pag. 77. the Lawes of this Realme wil be altered For the Canon Law must be vtterlie taken away with all Offices to the same belonging which to supply with other lawes and functions without many inconveniences would bee verie hard the vse and studie of the civill law wil be vtterly overthrown Assertion When by a common acceptance and vse of speech these words whole state of the lawes of the Realme are vnderstood of the common and statute lawes of the Realme that is to say of the Kings temporall lawes and not of Canon or civill lawes it cannot followe that the whole state of the lawes of the Realme should Canon and civil laws no part of the laws of the Realme but only by sufferance be altered though the Canon and civill lawes with all Offices to the same belonging should be vtterly taken away be wholy overthrowne For no more could the Admonitor prove the canon or civill law at any time heretofore to haue bin any part of the lawes of this Realm otherwise then onlie by c 2. 25. H 8. C 21. in the preamble sufferance of our Kings acceptance long vse and custome of our people then can any man proue a parsly-bed a rosemary-twigge or an ivie-branch to be any part of the scite of the Castle of Farnham And therefore he might aswell haue concluded thus the whole scite of the Castle of Farnham wil bee transposed for the Boxetrees the heythorn arboures and the quicke set hedges planted within the Castle-garden must be removed cast away which were but a proof proouelesse and a reason reasonlesse If then by the abrogation of the canon or civill law scarce any one part of the lawes of this Realme should bee changed what reason haue we to thinke that the whole state of the lawes of the Realme must be altered Besides to conclude the whole by an argument drawen ab enumeratione partium and yet not to number the tenth part of such parts as were to bee numbred is I am sure neither good logike nor good law Moreover if all the canon-law I meane all the papall and forraigne canon law devised and ordeined at Rome or els where without the Realme and consequently all the Offices functions to the same belonging bee alreadie vtterlie taken away what hope of reward can Civilians expect from the vse of such things as are within the compasse of that law or of what efficacie is this argument to prove an alteration of anie part of the lawes of this Realme or that the studie of the Civill Law should be vtterly overthrowne For the whole state of the lawes properlie called the lawes of the Realme hath stood and continued many yeeres since the same Papal and canon law was abolished And as touching the Civilians for them to seeke after prefermentes by An imbasemēt for Civiliās to haue preferment by offices of the canon law offices and functions of the canon law is an embasement of their honorable profession especiallie since farre greater rewardes might verie easilie be provided for them if once they would put to their helping handes for the onely establishment and practise of the civil law in the principall causes now handled by them in the Courtes called Ecclesiasticall The canon law be abolished out of the Realme ought not to be vsed But how may it be proved that the Papall and forreign canon law is alreadie taken away and ought not to be vsed in England For my part I heartilie wish that some learned men in the common law would vouchsafe to shew vnto the King and Parleament their clere knowledge in this point In the meane season I shall not be negligent to gather set downe what in mine
law these offices and functions haue bin and yet are dayly vndertaken and executed to the full And what maÌ„ then if there were none other rewarde for Civilians would tenne or twelue yeres togither beat his braine and trouble his witts in the studie of the civill lawe when every silly canonist might be able and learned inough to sit in the Bishops throne and to be iudge in his consistorie Besides if the Admonitor speake sooth viz that Civilians in this Realm liue not by the vse of the civill lawe to what end then should he feare an overthrow of the studie thereof For if there be no vse of it in this Realme for the maintenance of this life to what vse then should men studie the same in this Realme As for the vse of it among strangers and forraigne nations without the Realme the same as I suppose is no greater then such as 3. or 4. Civilians may bee able well inough fully to deliver the law touching all matters of controversie that may grow to question during the whole space of a Kinges raigne If no man lived in this Realme by the trade of brewing Beere but that all Brewers did live by the trade of brewing Ale what should we neede to feare the decaye of Beere-brewers or what vse were there of them In like sort if men liue onelie by the vse offices and functions of the canon law that men liue not as he saith by the vse of the civill law within the Realme what follie were it to studie the one whereas without the knowledge therof he might live by the other And therefore it seemeth that the Admonitor by his own weapon as much as in him lay hath given the whole studie of the civill law a most desperate and deadly wound And to the end we may vnderstand what reward maintenance Civilians by the offices functions of the canon law doe receyve yearely for their service and attendance in the Bishops and Archdeacons their Courts We will examine what fees Doctors of the civil law being Chancelors Commissaries or Officials haue vsually and ordinarily allowed vnto them by their Lords and Maisters Fees for probat of Testaments graunting of administrations Fees for probat of testaments let to farme with their appendances of late yeares in some places whether in all or how many I know not haue bin demised vnto farm for an annual rent out of which either a small or no portion at all hath bin allowed vnto the Chancelor or Official for his service in this behalf Wherevpon as I coniecture it hath fallen out rather then that those Officers would worke keepe courts travaile for litle or nought there have bin exacted greater fees for the dispatch of these things then by law ought to haue bin paied Perquisits of courts arising vpon suits commenced betwene partie and partie it must bee a plentifull harvest and there must be multi amici curiae in a Bb. consistorie if ordinarily communibus annis they amouÌ„r in the whole to twentie pounds by the yeare and yet these perquisits belong not wholy to the Chancelor but are to be devided betweene him the Register And touching Fees for excommunication and absolution fees for institutioÌ„ induction licences to preach licences for Curates and Readers For testimoniall of subscription or licences to marrie without banes fees for coÌ„mutation of penance fees for relaxation of sequestrations touching these manner of Fees if the same be fees no way warantable howe are not then such Fees every way dishonorable for a Doctor of the civill lawe Fees due for the executioÌ„ of the functions of the canon lavve dishonorable for a Doctor of the civil lavv to take either of Ministers or people There must bee therefore some other hope of better reward maintenance to incite and incourage schollers to the studie of the civill law theÌ„ are these beggerlie and vnlawfull fees depending vpon the functions and exacted by the officers of the canon law or ells the vse of the civil law as the Admonitor saith must necessarilie in short time be overthrovven For if Fees for probat of Testaments and granting of administrations with their appendices shall still be let to farme and if also many vnlawfull Fees were quite inhibited there would remaine I trowe but a very poore pittance for Civilians out of the functions of the canon law to maintaine their Doctoralities withall But what better reward can there bee for Civilians then hath already bin mentioned If the Admonitor had not willingly put a hoodwincke Civilians 〈◊〉 EnglaÌ„d liue not only by the functioÌ„s of canoÌ„ lavv before his eyes hee might haue seene that the civilians liue not wholy altogether by the practise of the canon law but partly also and that most honorably by the vse of the civill lawe If a Doctor of the civill lawe bee Iudge or Advocate in the Court of Admiraltie if he be Iudge or Advocate in the prerogatiue Court so farre as the same Court handleth onely matters of Legacies Testaments and Codicills to what vse can the canoÌ„ law serue him or what advantage can the same lawe bring him in Besides to what vse serveth the canon law vnto a Doctor of the civill law if he shall finde favor in the Kings sight if it please the King to make him one of the Maisters of his Requestes or one of the twelue Maisters of his high Court of Chancerie or to be the Maister of his Roles or to be his Highnes Embassador vnto forreyne Nations of to be one of his H. most honorable privie Councel or to be one of his principall Secretaries It followeth not therefore as the Admo pretendeth that eyther the Civilians in this Realme live not by the vse of the civill law but by the offices functions of the canon lawe and such things as are within the compasse therof or that the hope of rewarde and by that meanes the whole studie of the civill law must be taken away if once the canon law should be abolished Neither would it bee any hard matter for the King if the Civilians might finde gracâ— in his sight to appoint Courtes offices and all maner of processe and proceedings in iudgement for Doctors of the civill law to heare determine in the Kings name all causes being now within the compasse of any civill or ecclesiasticall law within this Realme And although a litle candle can giue but a litle light and a small Spring can sendâ—â— forth but a small streame yet because great fiers are kindled sometimes by 〈◊〉 tle sparkles and smal streames 〈◊〉 togither may in tyme growe into great rivers I shall desire the great Civilians with their floods lamps of learning to helpe forward such a law as whereâ—â— the studie of the civill law may bee vpholden the reward and maintenance of Civilians without any function froÌ„ the Canon law may be enlarged many coÌ„troversies and disorders in the church may be pacified and
the Kings prerogative Royall be duely advanced Which things if it might please them rightly to consider then let them humblie and seriouslie beseech our Sovereine Lord the King and States in Parleament to giue their consentes to such a law as the proiect ensuing may warrant thē the same not to be dangerous to the overthrowe of their civill studies The Proiect of an Act for the explanation and amplifying of one branch of a statute made in the first yeere of the raigne of Queene Elizabeth entituled An Act restoringe to the Crowne the ancient iurisdiction over the state Ecclesiasticall and also for the declaring and reviving of a statute made in the first yere of King Edward the sixt entituled An Act what seales and stiles Bishops and other spiritual persons exercising iurisdiction ecclesiasticall shall vse FOr asmuch as by one braunch of an Act made in the first yeere of our late Soveraigne Ladie of blessed memorie Queene Elizabeth entituled an Act restoring to the Crowne the auncient iurisdiction over the state Ecclesiastical Spirituall and abolishing all forraigne power repugnant to the same it was established and enacted That such iurisdictions priviledges superiorities and preheminences spiritual and ecclesiasticall as by anie spirituall or ecclesiasticall power or authoritie hath heeretofore bin or may lawfully be exercised or vsed for the visitation of the Ecclesiasticall state and persons and for reformation order correction of the same and of all maner errors heresies schismes abuses offences contempts and enormities should for euer by authoritie of that present Parleament be vnited and annexed to the Imperiall Crowne of this Realme by meanes whereof it may now be made a questiō whether any Archbishops or other Ecclesiasticall persons having since that time vsed or exercised any such spirituall or ecclesiasticall iurisdiction in their owne right or names might lawfully haue done or hereafter may lawfully doe the same without speciall warrant and authoritie derived immediatly frō your Highnes by and vnder your H. letters patents And whereas also by a statute made in the first yeare of Kinge Edward the sixt entituled an act what seales and stile Bishops or other spirituall persons shall vse it was ordained that all and singular Archbishops and Bishops others exercising ecclesiastical iurisdictiō should in their processe vse the Kings name and stile and not their owne and also that their Seales should bee graved with the Kings armes And forasmuch also as it must bee highly derogatorie to the Imperiall Crowne of this your Highnesse Realme that any cause whatsoever ecclesiasticall or temporall within these your H. Dominions should be heard or adiudged without warrant or commission from your Highnes your heyres successors or not in the name stile and dignitie of your Highnes your heyres and successors or that anie seales should be annexed to anie promesse but onelie your Kinglie seale and armes May it therefore please the King at the humble supplication of his Commons to haue it enacted That the aforesaid branch of the aforesaid Act made in the first yeere of Queene Elizabeth her raigne everie part thereof may still remayne for ever be in force And to the end the true intent and meaning of the said statute made in the first yeere of King Edward the sixt may be declared and revived that likewise by the authoritie aforesaid it may be ordayned and enacted that all and singular Ecclesiastical Courts and Consistories belonging to any Archb. Bb. Suffraganes Colege Deane and Chapiter Prebendarie or to any Ecclesiasticall person or persons whatsoever and which haue heretofore bin commonly called reputed taken or knowne to bee Courts or Consistories for causes of instance or wherein any suite complaint or action betwene partie and partie for any matter or cause wherin iudgment of law civil or canon hath bin or is required shall and may for ever hereafter be reputed taken and adiudged to be Courts and iudgmentseats meerely civill secular and temporall and not hence foorth Ecclesiasticall or spirituall and as of right belonging and apperteyning to the Royall Crowne and dignitie of our Soveraigne Lorde Kinge Iames that nowe is his heyres and successors for ever And that all causes of instance and controversies betwene partie partie at this day determinable in any of the said Courts heretofore taken and reputed ecclesiasticall shall for ever hereafter bee taken reputed and adiudged to be causes meerely civill secular and temporall as in trueth they ought to be and of right are belonging and appertayning to the iurisdiction of the Imperiall Crowne of this Realme And further that your H. liege people may be the better kept in awe by some authorised to be your H. Officers Ministers to execute iustice in your Highnes name and vnder your H. stile and title of King of England Scotlād Frāce and Ireland defendor of the faith c. in the said Courtes and Constories and in the said causes and controversies Bee it therefore enacted by the authoritie aforesaid That all the right title and interest of in and to the said Courts and Consistories and in and to the causes controversies aforesaide by any power iurisdiction or authoritie heretofore reputed Ecclesiasticall but by this Act adiudged civill secular and temporall shall for ever hereafter actually and reallie be invested and appropried in and to the Royall person of our Soveraigne Lord the King that now is his heyres successors Kinges and Queenes of this Realme And that it shall and may bee lawfull to and for our saide Soveraigne Lord and King his heyres and successors in all and everie Shire and Shires Diocesse and Diocesses within his H. Dominions and Countries by his and their letters patents vnder the great Seale of England from tyme to tyme and at all tymes to nominat and appoint one or moe able and sufficient Doctor or Doctors learned in the civill law to be his and their civil secular and temporal Officer and Officers Minister and Ministers of Iustice in the same civill secular and temporall Courts Consistories which in and ouer his and their royall name stile and dignitie shall as Iudge and Iudges doe perform execute all and every such act and acts thing and things whatsoeuer in and about the execution of iustice and equitie in those Courts according to the course and order of the civill lawe or the Ecclesiasticall canons and constitutions of the Realme as heretofore hath bin vsed and accustomed to bee done by for or in the name of any Archbb. Bb College Cathedral Church Deane Archdeacon Prebendary or any other Ecclesiasticall person or persons whatsoeuer And that all and every such civill secular and temporall Officer and Officers Minister and Ministers Iudge Iudges in his and their processe shall vse one manner of Seale only and none other hauing graued decently therein your Kingly armes with certaine characters for the knowledge of the Diocesse or Shire And further bee it enacted c That it shall and may be lawfull by
them as by any of the reverende Bishops or venerable Archdeacons their Chancelors or Officials If there be ame exception alleaged by the defendant as of composition prescription or privilege the Kinges Iustices are as able to iudge of the validitie of these as they are now able to determine customes de modo decimandi or of the vse of high wayes of making and repayring of bridges of commons of pasture pawnage estovers or such like Trueth it is that of legacies and bequestes of Legacies how they may be recouered at the coÌ„mon lawe goods the reverend Bishops by sufferance of our Kinges and consent of our people haue accustomablie vsed to take cognyzance and to hold plea in their spirituall Courts Notwithstanding if the legacie be of landes where landes be divisible by Testament the iudgement thereof hath ben alwayes vsed and holden by the Kings writ and never in any ecclesiasticall Court Wherfore if it shall please the King to enlardge the authoritie of his Courtes temporall by commandinge matters of legacies and bequestes of goods aswell as of landes to be heard and determined in the same it were not much to be feared but that the Kings Iustices the Kings learned Counsell and others learned in the law of the Realme without any alteration of the same law would spedelie find meanes to applie the grounds thereof aswell to all cases of legacies and bequests of goods as of landes For if there bee no goods divisible by will but the same are grauÌ„table and confirmable by deede of gift could not the Kings Iustices aswel iudge of the gift of the thing given by will as of the graunt of the thing graunted by deede of gift or can they not determine of a legacie of goods aswell as of a bequest of landes If it should come in debate before them whether the Testator at the time of making his will were of good perfect memorie vpon profes and other circumstances to bee opened and made of the Testators memorie by livelie testimonies either the Admonitor must condemne the Kinges learned and discreete Iustices to be 〈◊〉 mentis insanae memoriae or els it must be confessed that they be as well able to iudge of the distraction of wits and vnsoundnes of memorie in a person deceased as they be to determine the question of Lunacie madnesse or idiocie in a man living If anie question should arise vpon the revocation of a former will of the ademptioÌ„ of a legacie or of a legacie giuen vpon coÌ„dition or in diem it would be 〈◊〉 matter for the learned Iudges vpon sight of the Will and proofes to be made to define which is the first and which is the last will whether the legacie remayne or whether it be revoked whether it be legatum per rerum or 〈◊〉 whether condicionall or without condition And if it bee condicional whether the same be possible or impossible honest or dishonest and if it be 〈◊〉 whether the day bee past or to come But there lyeth no action at the commoÌ„ lawe for a legatorie against the executor to recover his legacie I graunt But a creditor to recover his dâ—â—t due by the testator vpon specialtie may bringe an action at the common law against the executor And then what is the cause that a creditor may recover his debt that a legatorie can not recover his legacie in the Kinges Court but onlie for that remedie could not be giuen vnto legatories complaynantes by any writt out of the Chancerie And therefore that such plaintifes might not be deferred of their right 21. Ed. 1. statute vpon the writt of consultation remedie in such cases to their great damage it hath pleased the Kinges by sufferance to tolerate the Church officers to determine these cases Wherefore if it might please the King to cause Writtes to bee made out of his Court of Chancerie for the recoverie of Legacies it were cleere by the common law of the Realme as from the statute may be gathered that the cognizance of these cases did not appertayne anie more to the spirituall Court. For then might the legatorie by that Writt bring an actioÌ„ against the executor to obteine his Legacie But how should that action be tryed How even as other actions of debt detinue or trover be tried namelie as the case should require either by the countrey or by the Iudges vpon a moratur in lege As Testamentes with their adherences so likewise matters of Spousalles Matters of mariages more meete to bee decided by the Kings then by the Bb. officers Mariages divorces c. togither their accessories by common right of the Imperiall Crowne did in auncient times properlie apperteyne to the examinations and sentences of the Emperours them selues to their Provostes Deputies and Presidentes of Cities and Provinces as by the several titles de Testamentis Legatis Fidei commissis Nuptijs repudijs divortio dote c. in the books of the civil law appeareth By the Law of England also the King hath the mariadge of an heyre being within age in his warde Widowes also that hold of the King in chiefe must not marie them selues without the Kings licence And by an Act made 4. and 5. Phil. and Mary there is a streight punishment provided against all such as shall take away Maydens that be inheritors being within the age of sixteene yeres or marie them without consent of their Parentes And what reason letteth them that the King might not as well haue the care and cognoyzance of all the coÌ„tractes of mariage especially of the mariage of all children and Widowes in his temporall Courtes as he hath of some parties to bee contracted of the Dower of the ioynture of the dis aragment of the age of the 〈…〉 way of the deflouring and of manage without parentes consent in some cases or what a verie great alteration of the common Law could ensue in case the Kings temporall Iustices did examine and determine whether the contract were a pefect and simple or condicionall contract yea or no For if vpon the statute made by Phi. and Mary that Maydens and Women children of Noble men GentlemeÌ„ c. being heyres apparant c. and being left within age of xvj yeares should not marie against the will or vnknowing of or to the Father or against c. If I say vpon the publishing of this Act there hath no alteration of the common law hitherto followed it is but a meere superstitious errour to feigne that a change of the coÌ„mon law must followe if so be this statute were extended to all children both Sonnes and Daughters of what parentage sexe estate or age so euer For if the King in his temporall Courts had the definitioÌ„ of all aswell as of some contractes made by children without consent of parents then should a multitude of lewde and vngodlie contractes made by flatterie trifling gifts faire and goodly promises of many vnthriftie and light personages
became followers of the evill maners of their teachers and no merveile if they verified the proverbe Like Maister like Man like Priest like People Eustatius Bishop of Antioch being a Sabellian hereticke Socr. lib. cap â—8 was deposed by the Counsell of Antioch after whose deposition a fiery flame of seditioÌ„ was kindled in Antioch because one sort of the common people sought to translate Eusebius Pamphilus from Caesarea to Antioch some other would bring againe Eustatius Eusebius Bishop of Nicomedia and Theognis Bishop of Nice beeing both Arians with their coÌ„federates raised skirmishes Socr. lib. 2. cap. 2. and tumults against Athanasius After the death of Alexander Bishop op Constantinople about the electioÌ„ of a Bishop there was greater sturre then ever before time and the Church was more greevously turmoyled The people were devided into two parts the one egerlie set with the heresie of Arius claue to Macedonius the other cleaved very coÌ„stantlie Socr. lib. 2 cap. 4. to the decrees of the Nicene Counsell and choose Paulus to bee their Bishop The cause of division among the Citizens of Emisa about the election of Eusebius Emisenus was for that he was Socr. lib. 2. cap. 6 charged with the studie of the Mathematickes and accused of the heresie of Sabellius After the death of Eusebius when the people of Constantinople had brought againe Paulus to be their Bishop the Arians chose Macedonius The authours and chiefe doers in that sturre were certaine Arian Bishops who before ayded Eusebius that turned vp Socr. lib. cap. 9. side down the whole state of the church These and sundry such like sturres discords factions dissentions are found to haue bin raised pursued by schismaticall and heretical Bishops their favourites followers in the olde Churches but that these or the like mischieves and inconveniences can be proved to haue fallen out by the election of parochiall Pastours in the olde churches we deny And why then should not the interest and freedome of faithfull Christian people wrested from them by cursings and fightings of faithlesse and antichristian Popes be restored to them againe And the cause ceasing why should not the effect likewise cease And therefore we humbly intreate the Lords Bishops that against the grounds of reason and nature against Christian equitie A request to the reuerend Bishoppes and society against the right freedome of the lawe of God against the principles of humaine fellowshippes against that which was in the beginning and against that which the Apostles left in the Churches by colour of lawes brought into the Church by the cursings and fightings of the late Romane Bishops they would not hencefoorth barre seclude the Kings Christian and faithfull people from giving their consents vnto their Pastours Yea and we further beseech their Lordships that as schollers vnto the Apostles and as servants vnto the olde way of reason of nature of the law of God of the equitie of Christ and of humane societie they would hereafter imbrace that way which was from the beginning which is the old way and the best way and not any loÌ„ger persist in a cursed and quareling way which is the new way and the worst way But if the Lordes spirituall A supplication to bee King by the Lords and commoÌ„s for the restitution of their right in the choyse of their Pastors of their owne accord shall not readily voutchsafe to yeelde vnto vs this our right at our intreaty then for my part I will briefly shew mine opinion what were expedient for the Lords and commons in open Parleament dutifully to pray and to supplicate at the Kings Maiestes hande Namely At the humble petitions and supplications of all his Lords temporall and Commons in Parleament assembled his Maiestie would be well pleased to giue his Royall assent to an Act to be intituled An Act for the restitution of the auncient right and freedome which the people of God in the old Churches had and which the people in England ought to haue in to or about the election of their Pastours and abolishing all papall power repugnant to the same For if as it is plainlie confessed the people of all Churches haue right and freedome by the law of God by the equitie of Christ by the grounds of reason and nature by the principles of humane fellowshipps and by that which was from the beginning to elect their Pastours and if also the same right and freedome being left to the old churches and especially to the Church at Ierusalem by the Apostles haue bene taken away by the cursings and fightings of the late Bishoppes of Rome then can not the people without violatioÌ„ of those lawes rules grouÌ„ds by any Episcopall power bee anie more excluded from their said right and freedome then could or might the ancient iurisdiction of the Crowne of England haue bene still vsurped by the Pope froÌ„ the Kings of Englande Admonition But alas the common people of Englande thorough affection and want of right iudgement are more easily wrought by ambitious persons to giue their consent to vnworthie men as may appeare in all those offices of gayne or dignity that at this daye remayne in the choyse of the multitude Assertion The Admonitor in one place of his admonition telleth vs that he must not put all that he thinketh in writing and yet he writeth in this place that thinge which might farre better haue bene vtterly vnthought then once written For could he thinke to winne the common people of England to a continuall good liking of high and stately Prelacie by vpbrayding and charging them to their faces in a booke dedicated vnto them with affection and wantinge of right iugement Was this the way to procure grace favour and benevolence at their handes And albeit this slaunder deserued rather to haue bene censured by the Commons in Parleament then by confutation to haue bene answered yet for the better clearing of the right iudgement of the common people givinge their consents to most worthie men in all offices of gayne or dignitie remayning in their handes I thinke it necessarie to shew the indignitie of this contumelie There be I confesse in London Yorke Lincolne Bristow Exceter Norwich Coventry and other principall Cities and Townes corporate Mayors Sheriffes Stewardes Recorders Baylifes ChaÌ„berlaynes Bridge-maisters Clerks Swordbearers Knightes Burgeses and such like offices some of dignitie and some of gayne but that the officers of these or any other places whether of dignitie or gaine be chosen by the multitude of those places is vtterlie vntrue for onely accordinge to their auncient customes priviledges and Charters by the chiefe Citizens Townsmen and Borough-maisters are those officers chosen The number also of which Electors in all places is not alike In London the Aldermen choose the Lord Mayor In other Cities and Townes sometimes eight and fortie sometimes fourteene sometimes twelfe sometimes only such as haue born office as Mayors Sherifes or Baylifes in the same places
before such time as he did heare or see the Parish Clerke to trudge with the Church-dore keyes to let in the Sextin to ring the bell for the saide Parson or Vicars induction and reall possession And if the people of every Parish had their consents in the choyse and approbation of their Minister were it possible to haue lesse acquaintaÌ„ce with him then this For we avow that the people ought not to giue their consents vnto any Pastour before they haue seene him before they haue heard him devide the worde before they haue procured a good testimonie of his gifts from those who by the worde haue interest to approove him and lastly before they haue gotten sufficient notice of his condition estate conversation birth education and life Wherefore these thinges being carefully and diligently searched into not by one but by many not for a fee but of duty not for reward but for conscience not for one day but for many dayes I trust it will not still bee holden for an oracle that the people should haue as litle acquaintance with their Ministers as now they haue As for the seconde point that farre No partiall suits caÌ„ follow the election of Ministers by the people greater occasions of partiall suits should follow this manner of common electioÌ„ whereof we speake then nowe there is this is also I say not true nay that farre lâ—sse occasion of partiall suites should follow then now there is this I saye is true For by this meanes all partiall suites now happening may eyther bee extinguished or with lesse charges pursued then now they be For there can bee no suites much lesse can there bee anie partiall suites when neither Plaintif nor defendant may be fouÌ„d where also there can lie no writ nor any action be commenced For who be the parties betweene whom these partiall suites should arise Be there many Ministers who for one place and at one time are found meete for the same And do they sue and contende one against another which of them should possesse the place or should these so many partiall suites consist betweene the inhabitants of one Parish one part leaning to one side and another part cleaving to the other side Touching the Ministers we affirme that none may or ought to sue or sollicit any mans voyce directly or indirectly much lesse to labour for a place of Ministerie And therefore we desire by an irrevocable law according to the manner of the Medes and Persians to haue it enacted That as well every procurer and labourer for a voyce as also every suitor and sollicitor for a place of Ministerie bee adiudged ipso facto incapable for ever of the same place For the second touching partiall suits to arise betwene the No occasion of partiall suits about election betweene parishioners Parishioners about the election of their Pastour these suits for ought I yet conceaue wherein I graunt I may erre and conceave too litle may easelier bee dispatched then bee once begunne Parishioners ordinarily in the Countrie sue not ne molest one the other for pleasure but for profit they are not so lavish of their purses nor so carelesse of their thrifts as to iangle in vaine when before hand they know there is no hope of gayne And in deed what advantage or what pleasure should Ancientes divided against Ancientes and chief men distracted against chief men in a Parish about the election of a Minister reape by such a division and distraction Besides by our daylie experience wee haue learned that verie rarely or not at all about elections made by the people of any officers eyther in the Countrie or in Cities and Townes anie variance or partiall suites haue bene stirred betweene the Electors For though some times perhappes they varie in their iudgementes one from another yet rest they more wise provident then to empaire their owne estate to advance an other mans reputation And if in former times there hath no occasioÌ„ of partial suits touching publike Officers in the common weale No partiall suites can be among parishioners when one only is propounded to bee chosen by them fallen out betwene the people when out of a multitude they haue chosen one much lesse can there be any occasion of partiall suits if onlie there remaine but one to be chosen to be a Church-Officer For if all the ancients agree to chuse that one then is all the suite about him ended and if the greater part disagree yet this their disagreement can bee no occasion to breed and nourish suite and contention And why first because no other cause by the greater part ought to bee alleaged to withdraw their consent but only such a cause as the law should precisely allowe in the same case to be a iust cause Secondly because this iust cause before the day of election ought to be made known vnto the Magistrate and by him to bee approved so that if the greater parte vpon the day of election shall dissent not having before hande alleaged and provided a iust cause of their dislike the voyces of the lesser part as being supposed the better part shall prevaile confirme and make good the election Oh! heere is much saide my Lordes spoken of a choise election to be made by the Ministers people by proofes to be made before the Magistrate but here is not any one word spoken or any mention made of the Patrone of the Bishop or of the Archdeacon of presentation institution or induction And what an alteration and innovation would that bee and what a dangerous attempt were it to alter lawes setled and that Patrones should be curbed and that Bishops and Archdeacons should not medle in these businesses any more Well then to wipe away as much as in me lyeth this cavillous reproch obloquie from the servants of God who are chalenged to bee newfangled giddie-headed fanaticall spirites strange innovators and desirers of perilous alterations to wipe away I say this slaunder If it may please the King with his The forme of Church policie now in practise by the Bishops the platforme of Church policie desired to bee planted by Pastours compared together Princely wisdome to conferre the forme of pollicie now in vse and practise touching ordinations presentations institutions and inductions by Bb. Patrones Archdeacons with the maner of that platforme of Discipline coÌ„cerning the substance of these things which is propounded And if the Propounders preferre but the commaundement of God before the traditions of men but the Kings Crowne before the Bishops Myters but a feast of fat things yea of fatt things full of marrow before leane spits and emptie platters but a feast of wines yea of wines fined and purified before sower vntoothsome whey I hope his Maiestie will gratiouslie vouchsafe so to protect the propouÌ„ders being his faithfull loving and obedient subiectes as that hereafter they shall not be charged with any moe so vniust and scandalous imputations
their estates by pursuing the Patrones title at their owne charge Neither might the occasion of suite about the right of Patronage be any lett or hinderance that the Church in the meane time should be left as a Widow destitut of an husbaÌ„d For any one of the Clerkes nominated by either of the Patrones might be apointed by the Presbyterie to preach the word and publickly to pray vntill the controversie were ended And out of the fruites also of the same Church remayning in the custodie of one of the Patrones or sequestred by the Kinge to the vse of the next incumbeÌ„t he might haue such allowance as were requisite for the time of his continuance in that place And for the Sacraments if any were of necessitie to bee administred some other Minister neare adioyning might be provided to administer the same as in many places it hath bin and is now daylie vsed in like cases of vacancie That the Patrone should bee curbed with two hard a bridle as being barred The curbing of a patrone with to hard a bridle answered to fetch his Clerckes from any other place then froÌ„ the Vniversities or other Schooles and Nurseries of learning is a matter if it be well weighed of lesse importance then the Admonitor would insinuate the same to bee First it is not of necessitie required that all Patrones should at all times fetch all their Clerks from those places not froÌ„ else where For many times it may happen vpon iust cause for the benefite of the Church that a Clerke already ordained and placed in one Church may bee remoued from the same to another But only the meaning is according to the lawes and canons already setled that the greatest parte of the Patrones Clerckes must of necessitie bee called thence because they can not ells where bee had Now then whereas the law intendeth euery Church to be a wife and to haue an husbande to be a body and to haue an head the lawe as a parent vnto the Church hath provided vntill shee bee a widow in deed that no husband be provided for her And therefore by sundrie as well ancient Decrees as by Canons of Ex de prebend c. tuiâ— lib. 6. de prebeÌ„d si Episcopus Discipline made and published by the Bishoppes 1571 it is decreed and confirmed That the Bishoppe shall lay his handes on none or at anie other time but when it shall chaunce some place of ministratioÌ„ is voyd in the same Diocesse As for stipendarie Curates it is expresly against the policie of our Church that any should bee ordeyned a Minister to serue onlie as an hireling From which Decrees and Canons alreadie setled as I sayd before it followeth for the most part that the Patrones Clerkes to be ordained of necessitie must be called from the Vniversities or other places of learning For if every place of ministration be full and none must be made a Minister vntill some place be voyde then albeit some patrones vpon good causes to be allowed by publick discipline might be permitted to nominate some Clerkes alreadie placed in administrations Yet in the end as well the patrones of those Churches from whence these are to bee remoued as other patrones also manie benefices at one time beeing voyde must of necessitie seeke out men to bee ordeyned which never were ordeyned to the ministerie before And where are these to be sought if not onelie at the Vniversities or other Schooles Nurseries of learning For that prophetes in the ordinarie time of prophesying shuld be taken from the feete of the Apothecaries Taylors Drapers Milners Mercers Prophets in the ordinary time of prophesying to be taken out of the Scholes of Prophets or from the butry pantry kitchen celler or stable of any Bb. Peere Knight or Gentleman and not from the feete of the prophetes is a thing abhominable and odious vnto God and man Wherein theÌ„ doth this platforme in this point of fetching Ministers onely from the Vniversities or other places of learning differ from the intendement of lawes setled Or wherein can the patrones receyue any detriment by such a practise Nay they are so farr from receiuing anie The differeÌ„ce betwene the platform and the Bishopps practise preiudice hereby as indeed both they their Clerkes shall reape great commoditie by it Wherin I grant some discrepance to consist betweene the Bb practise and this platforme For the Bb. at one time allowe a Clerke for habilitie and at another time dissallowe the same Clerke for non habilitie And him whoÌ„ they haue ordeyned and adiudged to day worthie of an office they manie times disordayne him to morow and refuse him as a person vnworthie to possesse a benefice Whereas on the contrarie part we thinke it verie absurd vnreasonable to barre any man from a benefice whom the Governours of the Church shall iudge worthie to beare an office So that the Patrone by this platforme should be sure if at any time hee nominate a Clerke alreadie ordeyned that the same Clerke vnlesse it were for crime or some defect after happeninge should neuer be refused And if such be the lawes liberties of the Ordinaries what alteration of the law or preiudice to the Patrone could it be if by a newe law the King provided new meanes to put his old lawes in due execution If vpon difference of iudgement anie variance should arise betweene the Ministers Vpon differeÌ„ce of iudgment about the abilitie of a Clerke what may be done appointed to elect and ordeyne whiche of the Patrones Clerkes were most worthie the same diuersitie we assure our selues can breede no greater inconvenience nor further daunger then doth now daylie fall out in the election of schollers fellowes heades of Houses in the Vniversities or of other Officers in Colledges Cathedrall churches and bodyes politicke or corporate As those controversies therefore haue bene and are appeased by the good orders lawes of those places eveÌ„ so might these also And therfore some good law might be made to this effect viz. If any foure of the seven did agree togither vpon anie one Clerke nominated by the patrone that the same foure should strike the stroke and make the election good against the other three Neither doe we thinke it to stande with reason that the Archipresbyter or any other Minister among the seuen should necessarilie be of the quorum For if any one of the seuen should necessarilie be of the quorum theÌ„ having as it were a negatiue voyce against all the rest if he should bee wayward and apt to contention hee might then alwayes frustrat the election either by opposing him selfe to all the rest or by inclining to the lesser worser part as lately came to passe about the electioÌ„ of a Scholler among great Doctours If A Clerke refused for nonabilitiâ— to whom the nomination may devolâ—â—e both the Patrones Clerkes should bee disabled by those vnto whom the iudgment of their nonhabilitie
Archdeacons Chancelours and Officials Therefore there may be or wil be moe excoÌ„municated by their Lordships their Archdeacons Chancelours c. then in Communion The assumptioÌ„ though I cannot warrant the same to be simply true yet I may safely warrant it to be drawen from the Admonitors owne experience For I let passe sayth he that experience teacheth that men of stubbernes will not shunne the coÌ„pany of them that be excommunicated c. and that they must bee excommunicated Bishoply excommunication hath manie deformities for keeping of company with them And so it will fall out that moe will bee excommunicated then in communion but this last consequence say I caÌ„ not follow vnlesse he first presuppose both his antecedents to be true And therfore because he must needs be intended to haue spoken of that kind of excommunication whereof he hath had experience it followeth that these deformities and inconveniences whereof he speaketh must needes be found in that excommunication which he his vse For of the other kind of excommunication hee neuer yet had any experience And then by experience he could not speake If he spake not of his owne experience but of the experience of some other men then haue we but litle cause to beleeue him because wee know not what maner persons those were from whom he drew his argument of experience and whether they reported deceytfully or truely of their own experience or no. And if this argument drawn from the experience of his owne maner of Discipline be of sufficieÌ„t validitie to impugne as he weaneth that Discipline by excommunication which so much as he saith is cryed for and whereof as yet hee never had experience how much more effectuall then is this argument to overthrow that his own maner of discipline which he so long time to so small profit and with so great inconveniences deformities hath so vnprofitably practised For can there be any greater deformitie By discipline of Bishopply excommunication one may bee a community then that one member should be supposed to bee the whole body or that one man should make a communitie And yet this deformitie by his experience may fall out to bee seene even vnder that discipline which every ordinarie exerciseth For if by processe ex mero officio an ordinarie should excommunicate any one of his iurisdiction for not communicating with an idoll minister or for holding that Christ in his soule did not descend into hell or for denying reading to bee preaching and withall should pronounce all them to be men of stubbernes which would not shunne the company of him so excommunicated And for that cause also should excommunicate them as is here supposed lawful to be done were it not a cleare case that the body of that church must now be taken to consist only in the person of the ordinary one member to become the whole body For if all vnder his iurisdiction were once excoâ—â—municated how could then any bee in communion with him And if they all were once excommunicated must not the ordinary then alone be the common vnion and so make a communitie And what a deformed kinde of excommunication then is that kind of excommunication whereby it may fall out that to be one is to be many and that to bee a church a company a societie and a fellowâ—hip is to be one of which nature and of which kind that maner of excoÌ„munication which by Pastours and Elders is to be executed can not be as hath already bin proved If then excommunication now vsed be a deformed kinde of discipline and therefore as we say to be no more tollerated and if excommunication by Pastours and Elders bee a kind of discipline for the incoÌ„venience thereof as hee saith not to be planted what maner of discipline by excommunication would he haue in thâ—se dayes The Admonitor would haue no excommunication at all trowe we would hee haue none at all verely I suppose none at all For so doe â—his words plainely insinuate by two reaâ—â—s following First saith he the loose 〈…〉 of these dayes require discipline of â—â—arper lawes by punishment of body and danger of goods which they doe will more feare then they will excommunication Secondly wee haue saith he a very good maner of discipline by the Ecclesiasticall commission which doeth much good and would do more if it were more common But why did he not speake plainely and why did he not affirme devoutly that discipline by excommunication was good where the church was in persecution and that it is not necessary nor so convenient vnder a Christian Magistrate as it may be otherwise For if Pastors and Elders were appointed ioynt officers only for timâ—s of persâ—cution and not to be vnder Christian Princes it followeth these ioynt officers ceasing that al accessaries appeÌ„dices and consequences of their ioynt offices must also cease vnlesse it can bee proued out of the holy scriptures that the offices of Pastours ought stil to continue that the offices of Elders ought not to continue because the offices of Elders with all their appendices haue bene translated by our Saviour Christ vnto Archbishoppes Bishops Archdeacons their Chancelours Commissaries and Officials For vnlesse these Officers be Christs Officers the discipline which they vse cannot bind the consciences of the people of God And for this cause is it very probable that he so coÌ„mendeth discipline of sharper lawes discipline by the Ecclesiasticall commission For if these officers by their discipline haue not to doe with the consciences of men then is it no merveyle that men feare not their discipline And therefore if they wil be stil officers it is requisite that they call for such a discipline as might cause men to stand in awe of their authoritie But were they indeed the officers of God and had they indeede authoritie from God to execute discipline by excommunication as Pastours and Elders did in the primitive Church then were the loosenes of this age never so great yet that the children of God in Englande would more feare the losse of goodes landes bodies or lives then the censure of Gods officers is one of the Admonitors paradoxes And here I appeale the consciences of all the reverend Bishops and Prelates in the lande and let them answere me hardly if they iudge themselues to be the children of God had seven times seven thousand liues whether they had not rather seven thousand times be coÌ„mitted to the Iaylor of Winchester then once be delivered over to the Iaylor of Hell And are not all the children of God in Englande their brethren And are they not all led by one and the selfe same spirit And how then can they lesse feare excommunication which is a delivery of the soule to Sathan then the punishment of body and danger of goods And yet touching this point of excommunication he seemeth Admonitor supposeth it to be a fault not to excoÌ„municate that Prince and Rulers and
notwithstanding our Soverayno Lord King IAMES the King of Scotland had gratiouslie written for his deliverance And how theÌ„ would the Admonitor haue the people coÌ„tented with such a moderation of Ecclesiasticall discipline as the Ecclesiasticall Commissioners many times vse For did he think that everie manner of discipline vsed by the high Commissioners can not be but a verie good moderation Why then let some of the CoÌ„missioners tell the people whether the Ecclesiasticall commissioners An oath tendered by the Ecclesiastic Commissio vnto M. Vdall in case of fellony vsed a very good moderation manner of Discipline Ecclesiasticall against the same Master Vdall when they tendered vnto him a corporall oath to haue appeached him selfe vpon a matter which was adiudged to be felonie or let them declare what a very good manner of discipline Ecclesiasticall certeyne Ecclesiasticall Commissioners vsed when hauing a Gentleman before them wearing long hayre they constreyned the same Gentleman by force and stronge hande to haue his head notted in their presence The wearing of long hayre by our lawes being not reputed an Ecclesiasticall crime no although the same be worne by attendants vpon the reuerend Bb. wayting on their trenchers Or lett them signifie vnto vs what a good manner of discipline and moderation it was for a Bb. and his associates to make an act in the high commission Court repugnant The Minister authorized to put sacramental bread into the mouth a of communicant to the institution of our Saviour Christ and contrarie to the order appoynted by the booke of common prayer that the Minister should put the sacramentall bread into the mouth of a superstitious communicant and not deliver it into his handes After our heartie commendations sayth the Bb. his associates whereas I. V. one of your charge hath bene often convented before vs her Maiesties Commissioners in causes ecclesiasticall for not receyving the holy Communion it seemeth vnto vs that he hath not of any contemptuous minde refrayned from the same but is willing to receyue it so hath bound him selfe saving that he hath a scruple in his minde by reason of a fond vow or promise he made long agoe wherof he is sorie never to receyue the Sacrament into his hande but to put it into his mouth by the Minister And therefore we pray you to beare a time with his weaknes permit him to receyue it in that sorte vntill by your good counsell and persuasion he may be reduced from that fond scruple And so we bidde you hartely farewell Your louing friends c. And seeing the Admonitor hath opposed a very good maner of Discipline Maister E. excommunicated by the high Commissioners most wherof were lay men by the Ecclesiasticall coÌ„mission against excommunication it seemeth that excommunication in his iudgement is no good or moderate discipline to be vsed by the Ecclesiasticall Commissioners And theÌ„ were it fitt that the people were resolved what a veâ—â— good manner of Discipline Maister D. W. and other Ecclesiasticall Commissioners vsed against Maister E. whom by vertue of the ecclesiasticall commission they excommunicated The tenor of whiche excommunication taken out of the Register at L. followeth In Dei nomine Amen Nos I. W. sacrae theologiae Doctor c. Cancellarius ecclesiae c. M. A. M. Armigeri M. H. civis civitatis c. Commissarij rite legitime procedentes I. E. de B. L. Dioceses ad hos diem locum legitime peremptorie citatum praecognizatum diuque expectatum nullo modo comparentem pronunciavimus coÌ„tumacem in poenam contumaciae suae huiusmodi eum excommunicavimus in hijs scriptis T. Concordat cum Regio Moreover it seemeth not an vnmeete thing that some ecclesiasticall Commissioners did make knowne vnto the people whether banishment be an ecclesiasticall discipline and what moderate discipline Ecclesiasticall the CoÌ„missioners vsed when they banished religious Maister Fullerton the Scott from dwelling at Warwicke or within certeyne myles thereof Or let theÌ„ informe the Realme what a very good moderation was vsed when by the Ecclesiasticall commission Authoritie committed to pursevaÌ„ts by the ecclesiastical commissioners for suppressing of Martines bookes and other bookes of argument against the Hierarchie they authorized drunken swearinge pursevantes to search mens houses to break vp their chestes c. the copie of which their letters is this viz. Whereas the bearer is say they by the Queenes Maiestie especially appointed If the Queene had speciallie commanded this search it is credible that her privie Cosisaylors should haue set to their handes rather theÌ„ the high Commissioners to make search and to apprehend certeyne suspected persons according to such particuler directions as he hath in that behalf receyved these shal be to wil and require and in her Maiesties name streightly to charge and command you and every of you to whom these shall apperteyne to be by all good and possible meanes ayding and assisting to the bearer in the execution of this service by entring into all such houses as hee shall thinke meete and hold suspected as well within libertie as without and that in them every of them to make due and diligent search And to search all manner of writinges letters papers bookes all other things carying note of suspicion sparing no studies chestes cubbards lockes or walles as also to apprehend examine and bring before vs such persons as by her Maiesties said direction therein appointed and wherein if he shall any way require your further assisteÌ„ce you may not fayle to yeeld him the same with al diligence dexteritie according to the trust reposed in you as you will aunswere for your default for the contrarie at your vttermost perill Directed vnto all Mayors Sherifes Iustices of peace and quorum Baylifes Constables Hedboroughes Tythingmen and to all other her Maiesties officers and subiectes c. But beit that all these maneâ—â— of disciplines were moderate and good ecclesiasticall Disciplines more to be vsed yet there may a scruple remayne which were fitt to bee discussed what a very good moderation maner of discipline within our remembrances was vsed betweene an Archbishoppe and a Bishopp both high Commissioners against certeyne Gentlemen one of their wives about these Articles following Articles obiected by her Maiesties high Commissioners for causes Ecclesiasticall against G. B. of B. and F. B. of B. in the Countie of L. INprimis We obiect vnto you G. B. and L. your wife that you haue within these seven yeares and so at this present doe keepe company and vse conference with divers persons disobedient to her Maiesties lawes and such as be suspected to resort and frequent vnlawfull coÌ„venticles Item we obiect vnto you to th' end you Quere whether this coÌ„ventioÌ„ were lawfull for this cause Quere against what law this enterteynment was and whether the Bishop of L. conversing with Popish Priestes and traytors did not more offend might the better
insinuate your selves into their companies you have tabled and boorded with the same parties and that you or one of you have bene heeretofore coÌ„vented for the causes aforesaid before the now lord Archb. his grace for enterteyning into your house a person whiche stood then and yet standed suspended deprived for disliking the booke of common prayer and other godly orders established by her Maiesties authoritie in this Realme Item we obiect vnto you the said G. B. and L. yourwife that you have not frequented divine service celebrated within your parish Church of Bothese vi 5. 4. 3. 2. or one yeares last nor doe not at this present at least every Sunday nor have receyved the holy Communion within your said parish Church during the saide yeares Quere whether the Bishop did not more offend the lawe of God by preferring these articles then the Gentleman did by procuring his children to bee Baptised by a preaching Minister having none at home Item that you the saide G. B. and L. your wife within the time aforesaid haue not Christened nor baptized your children within your parish Church but contrarie to the forme and order of hir Maiesties lawes in that case provided have eyther christened them at home privatelie in your owne house or have caried or caused them to be caried to other Churches And let them declare what Church and what Minister did baptise them and where and whether the same Minister did at the same baptisme signe the childe with the signe of the crosse and lett them declare the cause why they did baptize their children out of their parish Item that the Ministers pew or seate in the church of B. aforesaid by the directioÌ„ Note that the Bishop of L. was not Bishop of the Diocesse of the L. reverend Father in God the Bb. of L. that now is being at the same Church as also by the consent of the Minister and Church-Wardens there was placed in a verie convenient place of the Church to the end the parishioners there might the better heare and vnderstand the Minister at the time of reading the divine service Item we obiect vnto you that you the said F. B. within these vi or 3. monethes last past have without anie sufficient warrant or commaundement from the father in God the Lord Bishoppe of L. or his Chancelour or other having authoritie therein very disorderly and contemptuouslie remooved the same seat to the great offence of the parishioners and bad example of others Item we obiect vnto you that you know beleeue or have heard say that Za. G. is a Preacher of the word of God and a man of good life and conversation lawfull Parson of B. aforesaid Item we obiect vnto you that the premises notwithstanding you the said F. B. vpon a Sunday within a quarter of a yeare last past when the Parishioners of B. were assembled together at the saide Church to heare divine seruice caused divers serving men and others to sit in the pew or place which properly belonged to the Parson of the said Church so that when the saide M. G. came to take his place they thrust him and very disorderlie in the time of prayer kept him out of the said place Item wee obiect vnto you F. B. that about six yeares past you the saide F. brought into the Towne of B. a bastard child as it is credibly thought of your owne and there placed it at nurse and haue lately receyved it into your owne house to the great offence of the inhabitantes there and the bad example of others Et obijcimê° cu m duê° de quolibet Subscribed c. Wherevnto in the foote of these articles was added Maister B. I pray you let this matter be followed ex officio and the parties presently to be sent for by warrant Subscribed c. Now these Gentlemen according to the Bishoppes direction being presently sent for by a Pursevant to aunswere the articles obiected they foorthwith make their repayre to the Archbishop with a copie of the articles with whom they finde such grace as in their behalfe immediatly hee writeth to the Bishoppe as followeth SAlutem in Christo My very good Lorde I haue by meanes received these articles enclosed signed by your Lordsh hand and can not but greatly merveyle that contrary to the orders of the commission Court subscribed by your selfe the rest of the CoÌ„missioners you would cause a Gentleman of such a qualitie as Maister B. is to be sent for by a Pursevant before the ordinarie processe of a letter missiue Note that the signe of the crosse in Baptisme by an Archb. opinion is but of smal moment that suspicion of bastardie may easilie be dismissed were served vpon him especially for matters of so small moment Neither will it bee thought to proceede of any iust cause but rather of some other misconceyte when it shal be vnderstood that there is a controversie in lawe elsewhere depending betwene him and a kinsman of yours And therefore for the avoyding of his further complaint and other offence that may grow thereby I heartely pray your Lordship to suppresse the same and proceed no further therein Desiring you withall to haue due consideration of the cause least I be enforced to deale likewise in the defence of my kinsman as you doe for yours And so praying your Lo. Note that the 17. of Octo. was the Saboth day at what time the Archb. D. C. and D. B. sitting as Commissioners thâ— Archb. took pen inke and crossed the articles all overthwart and so sent them backe with this letter to returne vnto me aunswere herevnto what you meane to doe with my very heartie commendacions I commit you to the tuition of Almightie God FroÌ„ c. the 17. of Octo. c. Subscri c Vnto which letter also was added as followeth Maister B. I pray you according to the tenor of this letter to see that this cause of M. G. and F. B. bee dismissed from thence and if any be bouÌ„d to prosecute the cause against them let them vnderstand that I meane to heare it at c. otherwise let it wholie be dismissed and the bandes delivered The Bishoppes aunswere to the Archbishops former letters MAy it please your grace to vnderstand that I was the more willingly drawen to sende for Ma. B. in that sort because he was oft and of long time accused not only to be a disordered man him selfe but also a great and open mainteyner and carier from place to place of that wrangling puritane W. And as it is to bee prooued a refrainer from his church and from the CoÌ„munion as I am enformed And therefore if we haue omitted any circumstance or ceremonie it is in zeale of the redresse of such a disordered person Which if it should be fouÌ„d in your own brother I thinke your grace would not spare him Neuerthelesse if you yourselfe take it in hand to his redresse I for my part
so to of the Church by Prelacie to be Monarchicall because the Queene was a Monarch and that the reverend Bishop governed vnder a Monarch then what did hee els but put a weapon into the handes of Pastors and Elders to prove their governement also to be Princelie and Monarchicall Because Pastors Elders desire not to haue that maner of governement to bee brought into the Church otherwise then by the Royall assent Souveraigne authoritie and expresse commandement of our most gratious King and Monarch Besids if any governement may be therefore saide to be a Monarchie because the same is derived from an earthly Monarch howe much more then may the governement of the Churches by Pastors and Elders be adiudged Monarchical by reason the same is deduced from our heavenly and everlasting Monarch For the reverend Bb. by their publike preachings apologeticall Ma. Horne Bishoppe of Winch. Ma. Iewell Bishop of Sali Mai. Bilson Bishoppe of Winch. writings testifie that power authoritie to ordeine and depose Ministers to excommunicate and to absolue to devise and to establishe rites and ceremonies in the church to define what is trueth to pronounce what is falsehood to determine what is schisme and to cōdemne what is heresie our reverend Bb. I say confesse this power to bee originallie decided vnto the true Bishoppes and Pastours of the Church from the Kinglie and Soveraine power of our Saviour Christ By what name therefore soever the gouvernment of Pastours and Elders in the Churches be called there is no manner of cause to dislike of the planting of that government in a Monarchie because the same is instituted by the Monarch of Monarches who is able and readie to vphold the state of al Monarchies in common weales togither with the state of Aristocracie in his No cause for a Monarch to feare that his Christian subiectes should haue the sence of Aristocracie in Church goverment Church Neither is there any cause for anie Monarch in the world to feare the making of christian commō people by familiar experience to haue the sence feeling of the principles and reasons of Aristocracie For if a people haue once submitted their necks to the yoke of Christ they can liue a peaceable godly life vnder all kinds of powers because they knowe all kind of powers to be the ordenance of God But especially there is not neyther euer was neyther euer can there be any cause for any King or Monarch of England greatly as the Admonitor insinuateth to feare that the common people will very easely transferre the principles and reasons of Aristocracie to the gouerment of the common weale and therevpon bee induced to thinke that they haue iniurie if they haue not as much to doe in civill matters as they haue in matters of the Church seeing they also touch their commoditie and benefit temporallie as the other doeth spirituallie And certes it seemeth that the Admonitor was drawen very drie of reason whē he was fayne to plucke this stake from the hedge to make a fire and to kindle the wrath of the Magistrate against the forme of discipline by Pastors and Elders For whether hee intendeth that the Pastors and Elders will thinke them selues to haue iniurie if they deale not in all causes of the commō weale as well as in all causes of their churches or whether he ment that the common people will easely transferre the government of the common weale from a Kingly Monarchie to a noble Aristocracie there is neither soothnes nor soundnes in his meaning For sithence Pastors disclaime to deale in civil matters the learned Ministers against the reuerend Bishopps by the holy rules of our faith mainteyne that it is not lawful for a Minister of the Gospell to exercise civill magistracy and that it is not lawfull for the man of God to bee intangled with the affaires of this life how is it probable that those Ministers will easely oppugne their owne knowledge by their owne cōtrary practise Or how is it probable that they would over-loade them selues with that burthen to ease the Church wherof they haue contentedly exposed thē selues into a number of reproches contempts bytings persecutions As for that other intendement of the Admonitors that it is greatlie to be feared that the commō people will easely transferre Monarchie vnto Democracie or Aristocracie if the principles and reason thereof by experience were made familiar in their minds this reason I say might seeme to carrie some shewe of affrighting a Monarch if the same were insinuated vnto a king whose people were neuer acquainted with the principles reasons of Democracie or Aristocracie but this feare being insinuated vnto our late Souveraigne Ladie the Queene whose people euer since the time they first begā to be a people haue had their witts long exercised with the The people of England haue their wits exercised with the sence of Democracie Aristocrarie sence and feeling of the reasons principles aswell of Democracie as also of Aristocracie what sence had the Admonitor to vrge this feare That in the Kingdome of Englande the common people haue alreadie the sence and feeling of the reasons principles of Democracie cannot be denied For in euerie cause almost aswell of criminall as ciuill iustice some few only excepted to be executed in the common weale by the common lawes of the Realm haue they not some hand and dealing in the same by one meanes or other Nay which is more haue they not the sence and feeling of the making and vnmaking their owne lawes in Parleament And is not their consultation in Parleament a mere Democraticall consultation As much also there is to bee avowed for the sence and feeling of the reasons and principles of Aristocracie to be alreadie in the minds of the Peres the Nobles the Iudges and other great men of the Realme For are not the Wisest the Noblest the Chiefest taken out of these by the King to bee of his Counsell and to be Iudges and Iusticers in his Courts Yea and is not their assembly also in Parleament a mere Aristocraticall assembly And what translation then is there greatly to be feared out of the Church to bee made into the common weale when the minds of all sorts of our common wealthes-men be already seasoned with the things which hee feareth And when the common weale is alreadie seysed of the principles and reasons which he would not haue familiarly known vnto it Wherefore that the King the Nobles and cōmons may no more be scarred with the strangenes of these vncouth and vnknowne greeke names of Democracie and Aristocracie writtē in his booke with great and capitall letters I haue thought it my duty by these presents to informe them that the govermēt of the church by Pastors and Elders nowe wanting amongst vs and desired to bee brought into the Church by the Souveraine authority of our King Nobles and commons in Parleament for the outward form
manner thereof is none other manner of gouerment nor forme of The maner of policie by Pastors and Elders in the Church is agreeable to the government in the cōmō weale pollicie thē such as they and their progenitors and Ancestors for many hundred yeares togither without interruption haue vsed and enioyed in the common weale And that therefore it will be a very easy matter to transferre the same to the gouerment of the Church For by the reasons and principles of their own gouerment in the common weale and by the sence feeling thereof they may wel be induced to thinke that they haue iniurie if they haue not as much to doe in matters of the Church as they haue to doe in matters of the common weale seeing they touch their commoditie and benefitt spiritually as the other doeth temporally And withall on the other side I shall doe my best indeavour to aduertise them that the gouernement of the Church by Prelacie is such a maner of gouernment as was neuer yet The government of the Church by Prelacie disagreeable to the government vsed in the common weale in the administration of iustice by any subiect no not touching the outward forme thereof once admitted into any part of common weale and that therefore the same if it may please the King will very easely bee sent and transmarined vnto Rome frō whence it first came where it had it originall and birth-right And to the end that we may clearelie discerne whether the nature of the gouerment of the Church by Prelacie or the nature of the gouerment desired to be planted by Pastors and Elders be more agreable to the nature of the pollicie receaued and vsed both by the Nobles and common people in the common weale it is necessarie that the manners and formes both of Prelaticall Pastorall gouernment be made familiar vnto the minde of the Reader And because wee haue alreadie declared the manner of the election and confirmation both of a Bishopp into his Episcopall Sea of a Minister into his Pastorall charge what the one is by the lawe alreadie established and what the other by a law desired to be established ought to be wee will not any more speake of their entrāce into eyther of their places vnles only a litle to recreate the Reader we merely note what answere some Bb. haue made when as long chasing after Bishopricks they haue chafed in their minds for feare of loosing their pray as was the answere of that Italian Bishopp The answer of an Italian Bishop loth to loose his Bishopricke who beeing thrise demaunded of the Archb. as the manner is vis Episcopari vis Episcopari vis Episcopari and being willed by one standing by thrise againe to aunswere as the maner is nolo nolo nolo He making no bones at the matter aunswered aloude with an oath Proh Deum dedine ego tot milia Florenorum pro volo Episcopari iam debeo dicere nolo or as was the answere of that English Bishop who having promised a Courtier one annuitie of xx pound during The answer of an English Bishop having obteyned his congedelier his life out of his Bishopricke if he could procure the speedie sealing of his congedelier within a while after whē it was sealed he rapt out an oath sware by Iesus God that the same Gentleman had done more for him then an other great Courtier who before hande for that purpose had receyued frō him one thousand markes But whether all Bishoppes buye their congedeliers dearer or better cheape is not a matter incident to this treatise onlie if they buie deare they may happelie think with them selues that they may sell deere vendere iure potest emerat ille prius setteth not anie price vpon any wares in the Royall exchange But to returne to our purpose whence by occasion of those Bishoplie oathes and answeres wee haue a little digressed let vs see what is the maner The maner of the administration of spiritual iustice in the Church by Prelacie and forme of the administration of spirituall iustice in the gouernment of the Church by Prelacie as the same is ordinarilie administred in all places throughout the Church of Englande Wherein that we be not mistaken it is to be vnderstood that the maner of administratiō of iustice wherof we speak is that administration of iustice onlie whiche respecteth the punishment of crimes eccllesiasticall to be inflicted by spirituall censures In all which cases penances suspension and excommunications in the Bishops consistorie proceed from the iudgement and authoritie of the Bishoppe alone if he bee present or from the sentence and power of his Vicar generall or Cōmissarie alone if he be absent Nay doth not everi such censure likewise in the Archdeacons consistorie proceede from the sole authoritie of the Archdeacon or if he bee absent from the sole authoritie of his officiall But if the like course of the execution of Iustice as this is can not be found to be an ordinarie course of Iustice in the common weale where Iustice is administred in criminall causes by the ministerie of a subiect I would faine learne what preiudice may be feared to redound vnto the cōmon weale if the administration of spirituall Iustice after a sort were established to be after the same manner in the Church after which civill Iustice is alreadie practised in the common weale I said after a sort to this end least I should bee mistaken For the meaning is not that spirituall Iustice should bee ministred exactly in No one subiect in the cōmon weale can alone exercise civill iustice in causes criminall every respect after the maner of civill Iustice but the comparison standeth onlie in this that as not any one temporall subiect alone hath authoritie to heare to examine and to iudge any one criminall cause in any Court of civill iustice in the common weale so likewise that not any one spirituall person alone should haue authoritie to be examiner and iudge of any one criminall cause in any Court of spirituall Iustice in the Church For if certain principall The administration of spiritual Iustice by Pastors Elders agreeable to the execution of civill iustice in the common weale godly persons associated vnto a learned and zealous Pastor in the presence and with the consent and authoritie of the people of every Parish did enioyne penance suspend or excommunicate a spirituall offendor were not this forme of administration of spirituall iustice more consonant agreeable and conformable to the daily executiō of civill Iustice in the Courts of the cōmon weale then is the administration of spirituall Iustice by the Bishopp alone or by his Vicar general alone in his Consistorie and to make this matter more familiar in the mind of the Reader for an instāce or two let vs suppose that Mai. Doctor Bancroft were still Parson of S. Andros Maister D. Bancroft with his assistāts letter able to