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
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
Realm though that thorough sufferance and negligēce any thing should at any time be attempted to the cōtrarie For whereas before the statute of Caerlile the Bishoppe of Rome had vsurped the Seignories of such possessions and benefices as whereof the Kinges of the Realme Earles Barons and other Nobles as Lords and Avowes ought to haue the custodie presentements and collations King Edward the first by the assent of the Earles Barons and other Nobles of all the communaltie at their instancies and requestes and without mention of anie assent of the state of prelacie in the said Parleament holden at Caerlile ordeyned that the oppressions greevances and damage susteyned by the Bb. of Romes vsurpation should not from thenceforth be suffered in any manner And for as much as the greevances and mischieves mentioned in the said Act of Caerlill did afterward in the time of K. Edward the thirde daylie abound to greater damage and destruction of the 31. Ed. 5 sta of heering 36. Ed. 3. c. 8. Realme more then euer before and that by procurement of Clerkes purchasers of graces from Rome the sayde King Edward the third by assent accord of all the great men and cōmons of his Realme and without mention of any assent of Prelates or Lords spirituall having regarde to the saide Act of Caerlile and to the causes conteyned in the same to the honor of God and profit of the Church of England and of all this Realme ordeyned and established that the free elections of Archbishopps Bishoppes and all other dignities and benefices electiue in Englande should holde from thenceforth in the manner as they were graunted by the Kings progenitors and founded by the Ancestors of other Lords And in diuers other statutes made by King Ed. the third it is said that our Soveraigne Lord the King by the assent of the great men and all the cōmons hath ordeyned remedy c. That it was accorded by our Sovereigne Lord the King the great men and all the commons that the Kinge chieflie 8. Edw. 3. 〈◊〉 statute of Provisours desiring to susteyne his people in tranquillitie and peace and to governe according to the lawes vsages and franchises of his lande by the assent and expresse will and accord of the Dukes Earles Barons and the commons of his Realme and of all other whom these things touched ordeyned that all they c. By which desire of the Kinge and wordes of the Act wee learne that our Sovereigne Lord Kinge IAMES may susteyne his people in tranquillitie and peace and governe accordinge to the lawes vsages and frāchises of his kingdome though the assent and accord of Prelates bee never required to the enacting of anie statute in Parleament Nay such hath bene and yet is the power of The king with the assent of the Nobles and commons may repeale Statutes without cōsent of Prelates 15. Ed. 3. the King that with the assent and accord of the Nobles and commons hee hath authoritie to adnull and make voyde even those Actes which in favor of Prelacie and assent of Prelates haue bene enacted in Parleament As by an Acte made in the time of King Edwarde the third is plainlie to be seene For whereas the Kinge by assent of the Prelates Earles c. had willed and graunted for him and for his heyres certeyne articles firmelie to be kept and holden for ever namelie that the Ministers of holie Church for money taken for redemption of corporall penance nor for proofe accompt of Testaments nor for solemnitie of Mariage c. should not be impeched c. before the Kinges Iustices nevertheles the same Kinge in the same yeere with assent of the Earles Barons other wise men of the Realm and without assent of Prelates revoked and adnulled the same articles againe Againe King Richard the second hearing the complaints of his faithful liege 3 Ric. 2. cap. 3. people and by their clamour in diuers Parleamentes of divers abuses crept in against the solemne and devour ordinations of Churches c. at the request 7 Ric. 2. cap. 12. complaint of the Commons by the advise and common assent of the Lordes temporal without mētion of any Lords spirituall is said to haue ordeined That none of the Kinges liege people c. should take or receive within the Realm of England any procuracie c. And in the eleventh yeare of of the same same Kings reigne it is specially provided that the appeales pursuits c. made given in the same Parleament be approved affirmed stablished as a thing duly made for the weale and profit of the King and of all the Realme notwithstanding that Act Mo. Rich. 2. the Lords spirituall and their Procurators did by protestatiō absent them out of the Parleament at the time of the said iudgment given And the like protestation being made by the Prelats Clergie at a Parleament holden the thirde yeere of the same King it was replied for the King that neither for their said protestation or other words in that behalf The King bound by his oth to do his laws to be made though prelates protest against him the King would not stay to graunt to his Iustices in that case and all other cases as was vsed to be done in times past and as he was bound by vertue of his oath at his Coronation By all which premises it is as cleare as the sunne shining at noone day that the Lordes spiritual bee so far from making any one of the three Estates as that if it please the King they may not be so much as any member or part of any of the three Estates at all If in the time of King Henry the eight the Lords spirituall being then more in The Lords spiritual no principall members of the Parleament otherwise then as the King pleaseth number then the Lordes temporall had bene but such principal members of the high Estate of Parleament as without whō neither law could haue bin made Monasterie nor Priorie might haue ben dissolved what could the Kinge haue done as Head and the Commons haue done as feete and the Nobles haue done as the Heart the Liver and the Longes to the dislording and discloystering of the Abbots and Priours the Monkes and the Friers of those dayes In case the Prelates with their armes and with their shoulders with their handes and with their hornes had heaved and shouved had pushed and thrusted to the contrarie But to come nearer vnto our owne times and remembrances if it can not be proved that anie one Lord spirituall No Lordes spiritual present in parleament 1 Eliza. was present in Parleament or gaue anie assent to the enacting of statutes made in the first yere of the Queenes Maiesties raigne deceased but that it be a cleare case that the auncient iurisdiction preheminences rightes and priviledges of the Kinges Crowne were restored that poperie and superstition was banished the doctrine of the
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
it must with all fester infect and poyson it self All which how vnsavory and void of all sense it is I leaue to the iudgement both of the state and of the Church For who seeth not but that the state of politicke gouerment may wholy alter the state of church gouernement and not so much as alter one least iote of the politicke state of gouerment it selfe Besides since our state of politicke gouerment hath in our dayes and before our eyes repealed verie many old lawes disavowed sundry ancient customes to enterteyne and harbour the Gospell must our state of politicke gouerment no sooner now attempt to repayre certaine breaches made into the vineyarde but it must streight wayes roote vp that whiche it hath planted pull downe that which it hath builded He that diggeth about and dungeth he that spreadeth and pruâ—eth the rootâ— and branches of a tree doeth he not rather quicken then kill the roote and doth he not rather cause the boughes to sprought then the body to wither Can seuen times trying and fining of golde breed a canker in gold or may a riuer be dreyned dry by one who shutteth not but openeth the springs The body of a corpulent and diseased man the more it is purged the more ful of health it is of better constitution And howe then can it be concluded that the Gospell the life soule of the Church can laÌ„guish and giue vp the goast when the Church for the better preservatioÌ„ of her health shal receyue by some new and wholesome lawe some new and wholesome purgatiue receite Moreouer for so much as heere is mention made how the publishers of this booke did consider on the one part of things that were required to be redressed and on the other side of things required to be planted together with the state of our country people and commoÌ„ weale it is playne that their resolutioÌ„ was rather still to coÌ„tinue things amisse in the Church vnredressed then to plant the things required to be planted And alas what a resolution was that among pillers and Fathers for so they wil be counted of the church Especiallie when as the things required to be redressed were required to be redressed at the hands of the whole state of gouernment that is at the haÌ„ds of the Queene the Lords spirituall and temporall and commons in open ParliameÌ„t assembled And could any damage I pray you haue ensued to the state of gouerment to the state of the Queene to the state of our countrey people common weale lawes or to the state of the Gospell if things amisse in the Church had bene redressed and thinges wanting in the Church had bene planted by so high and supreame a power I trow not Nay seeing our country people and commoÌ„ weale not only once and twise thrise but many times haue humbly and earnestlie prayed sollicited in open ParleameÌ„t a redresse of things amisse in the church is it not most evideÌ„t that things were not considered a right but amisse by these fathers of the church and that the coÌ„siderers by keeping things vnplaÌ„ted rather aymed at their owne profit honor and dignitie theÌ„ that our countrey people and common weale should fare the better by hauing things amisse to be redressed The coÌ„siderers then being them selues parties yea such parties as by whom things were caried amisse in the Church and whose defects only were required to be redressed no marveyle I say if they vsed all kinde of artificiall advisement and coÌ„sideration to keepe things still vnplanted by the planting whereof their owne vnfatherlie miscariadges must haue bene reformed On the other side if things required to be planted might in deed be once plaÌ„ted how soeuer happelie our former Church-officers might bee some-what mal-coÌ„tented and discouraged to haue their superfluities pared and the edge of their swords abated yet is there no least cause at all for our countrey people common weale to feare any trouble or hurly burly among vs. For if the hande of God be in Iudah so that he giue the 2 Chron. 30. 12. people one heart to doe the commandment of the King and of the Rulers according to the word of the Lord and if the King the Nobles commons shall condescend agree in one and if their voyces shall be all but as the voyce of one man to allow and approoue that which doeth touch and concerne them all then shall neither the Nobles haue anie occasion to disdaine the commons nor the commons any reason to envie the Nobles Much lesse can the Nobles be at variance with the Nobles nor the commons be at defiance with the Commons For they be all of them so prudent and so prouident as that they will not bite one another least they should be deuoured one of the other And in deed why should any of our Cleargy-Maisters be so voyd of iudgement as to denie the Nobles and Commons after foure and fortie yeeres experience of a most prosperous peace weighting vpon the Gospell to be now growne so vncircumspect and simple vvitted as that a reformation of disorders to be made by their consents in others should bring forth a confusion in them selues What will they bicker one with the other will they beat and buffet one another when there is no cause of disagreement or variance betweene them For they shal be sure to loose neither libertie nor dignitie they shall endanger neither honor nor profite Our Nobles shal be tres-noble still they shal be Princes and Captaines ouer our people They shal be Deputies and Presidentes in our publicke Weale They shal be Peeres and Ancients of the Kingdome their Privileges Prerogatiues PrehemineÌ„ces stiles ensignes and titles of prowesse and honor shall not be raced defaced or diminished But they shall as they may and ought remayne and continue whole and vnviolable both to them and their posterities throughout their generations Our Iudges Iustices and Lawiers shall haue and enioy their authorities credites and reputations as in auncient times They shal be Recorders of our Cities Townes and Boroughes They shal be Stewardes of the Kings Leates and law-dayes Our Knights Esquiers and Gentlemen shall still be Burgeses in Parleaments Conservators of the Kings peace they shal be assistants to examine represse theftes rapines murders roberies riots routs such like insolencies Yea they shall be our Spokes-men and our dayes men to arbitrate and compose strifes and debates betweene neighbour and neighbour Our common people they without disturbance shall quietlie and peaceablie retayne and enioy as in former ages their immunities franchises and liberties as well abroad as at home as well in their houses as in their fieldes They shall possesse their tenancies without ciectioÌ„ they shal be inheritors without expulsion as well to the lawes liberties and customes as to the lands possessions of their Auncestors They shall not be compelled to goe to warefare vppon their owne costes they shall not be tried arraigned
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 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
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
if it may please him so to provide by Parleament may giue remedie vnto complaynants by writts out of the Chancerie and that complaints in such cases may effectuallie be redressed vpon such writts in the Kings Courts And if also sundrie matters of Tythes Testaments and Mariages be alreadie handled in the Kinges Courts if these things I say be so and so may be then with litle reason did the Admonitor warne vs that a verie great alteration of the common law must follow and that it will be no small matter to applie these things to the temporall law But the antecedent is true as hath bene alreadie shewed Therefore the consequent is true Admonition Iudgementes also of adulterie slauÌ„der c. are in these mens iudgmentes Pag. 78. mere temporall and therefore to be dealt in by the temporall Magistrate onely Assertion We are in deed of this iudgemeÌ„t that in regard of the Kinges Royall Office these iudgements of adultrie and other criminall causes comprised within this clause c. ought no more to be exempted from the Kings temporall Courtes then matters of theft murther treason and such like ought to be And for the mayntenance of our iudgementes wee affirme that there is no crime or offeÌ„ce of what nature or qualitie soever respecting any commaundement conteyned within either of the two tables of the holie law of God if the same bee nowe corrigible by spirituall power but that some fault and contempt one or other of the like nature and qualitie as comprised vnder the same commandement hath bene evermore and is now punishable by the Kings Regall and temporal iurisdiction For adulterie as the same is to be censured by penance in the Ecclesiasticall Courtes so is ravishment also buggerie sodomie to be punished in the Kings Court by payne of death And as hath bene accustomed that Ordinaries by ceÌ„sures of the Church may correct fornicators so fornication also as in some bookes written of the common lawe is reported hath bene in times passed presented and punished in leetes and Law-dayes in divers places of the Realme by the name of Letherwhyte whiche is as the booke saieth an auncient Saxon terme And the Lord of the Leete where it hath bene presented hath euer had a fyne for the same offence By the statute of those that be borne beyond the Seas 25. Ed 3. it appeareth that the Kinge hath cognizance of fome bastardie And nowe in most cases of bastardie if not in all by the statute of Eliza. the reputed father of a bastard borne is lyable to bee punished at the discretion of the Iustices of peace Touching periurie if a man loose his action by a false verdict in plea of land Periurie if punishable temporallie in some cases why not in all he shall haue an attaynt in the Kinges Court to punish the periurie and to reforme the falsitie And by divers statutes it appeareth that the Kings teÌ„porall Officers may punish periurie committed in the Kings teÌ„poral Courtes And though it be true that such periurie as hath risen vpon causes reputed spirituall haue bene in times past punished onlie by ecclesiasticall power and censures of the Church yet herevpon it followeth not that the periurie it selfe is a meere spirituall and not a temporall crime or matter or that the same might not to be civillie punished By a statute of Westminster 25. Ed. 3. it was accorded that the King his Vsurie heyres shall have the cognizance of the vsurers dead and that the Ordinaries haue cognizance of vsurers on lyfe to make compulsion by censures of the Church for sinne and to make restitution of the vsuries taken against the lawes of holy church And by another statute it is provided that vsuries shall 20. H. 3. c. 5. not turne against any being within age after the time of the death of his Auncestoure vntill his full age But the vsurie with the principall debt which was before the death of his Auncestor did remayne and turne against the heyre And because all vsurie being forbidden by the law of God is sinne detestable 13. Eliz. c. 8. it was enacted that all vsurie lone and forbearing of money c. giving dayes c. shall be punished according to the forme of that Act. And that everie such offendor shal also be punished corrected according to the Eccle. lawes before that tyme made against vsurie By al which statutes it seemeth that the cognizance reformatioÌ„ of vsurie by the lawes of the Realm partayneth onlie to the Kinge vnles the King by his lawe permit the Church to correct the same by the censures of the church as a sinne committed against the holy law of God Touching heresies and schismes albeit the Bishoppes by their Episcopall Heresies schismes are punishable by the Kings lawes and ordinarie spirituall power grouÌ„ded vpon canon lawe or an evill custome have vsed by definitive senteÌ„ce pronouÌ„ced in their Consistories to condemne men for heretickes and schismatickes and afterward being condemned to deliver them to the seculer power to suffer the paynes of death as though the King being custos vtriusque tabulae had not power by his Kinglie office to enquire of heresie to condemne an hereticke to put him to death vnlesse he were first condemned delivered into his hands by their spirituall power although this hath bene I say the vse in England yet by the statutes of Richard the second Henrie the fift it was lawfull for the Kings Iudges and Iustices to enquire of heresies and Lollardes in Leetes Sherifes turnes and in Lawdayes and also in Sessions of the peace Yea the King by the common law of the Realme revived 25. H. 5. c. 14. by an Act of Parleament which before by the Statute of Henrie the fourth was altered may pardon a man condemned for heresie yea and if it should come to passe that any heresies or schismes should arise in the Church of Englande the Kinge by the lawes of the Realme and by his Supreame Soveraigne power with his Parleament may correct redresse and reforme all such defaultes and enormities Yea further the King and his Parleament with consent of the Cleargie in their Convocation 1. Eliz. ca. 〈◊〉 hath power to determine what is heresie and what is not heresie If then it might please the King to haue it enacted by Parleament that they which opiniativelie and obstinatelie hold defende 1 Eliz 〈◊〉 1. and publish any opinions which according to an Act of Parleament alreadie made haue bene or may bee ordered or adiudged to be heresies should be heretickes and felons and their heresies If it please the Kinge heretickes may bee adiudged felons and hereâ—ies felonies to be felonies and that the same heretickes and felons for the same their heresies and felonies beeing araigned convicted and adiudged by the course of the common law as other felons are should for the same their heresies felonies suffer the paynes of death
money to bee paid and distributed yerelie of the fruites and profits of the same churches by those that shall haue the same churches in proper vse by their successors to the poore parochiaÌ„s of the same churches in aide of their living sustentation for ever and also that the Vicar be well and sufficientlie endowed By which statute it appeareth that every impropriatioÌ„ ought to be made by liceÌ„ce out of the Chancerie that it ought to be made to the vse of ecclesiasticall persons onlie not to the vse of temporall persons or patrones Now then all such parish churches as without licence of the King in his Chancerie haue bin appropried to any ecclesiasticall person and againe all such parish churches as by licence of the King in his Chancerie haue bene appropried to the vse of laye persons they are not to be accompted mens lawfull possessions heritages Besides this as many impropriations as wherevpon the Diocesan of the place hath not ordeined according to the value of such churches a convenient summe of money to be paid distributed yearlie of the frutes of the same churches c. to the poore Parochians of the same churches in aide of their living and sustentation for euer yea every church also appropried as wherevnto a perpetuall Vicare is not ordeined canonically to be instituted inducted in the same and which is not convenably endowed to doe divine service and to enforme the people and to keepe hospitalitie there all and everie such church churches I say otherwise then thus appropried by the law of the Realme as it seemeth are not mens lawfull possessions and inheritances For by a statute of Kinge Henry the fourth everie church after the 15. year of King Richard the second 4 H. 4. c. 12 appropried by licence of the King against the form of the said statute of R. 2. if the same were not dulie reformed after the effect of the same statute within a certeyne time appointed then the same appropriation and licence thereof made presentlie the parish Church of Hadenham onlie excepted was adiudged to be voyd and vtterly repealed and adnulled for euer And therefore I leaue it to the inquisition of our Soveraigne Lord the King whether the impropriatioÌ„ of the parish church of Bâ—lgraue in the Countie of Leycester wherevnto two Chapples are annexed and other Churches appropried to the Bishop of Leycester since the statutes of Richard the seconde and Henry the fourth bee the lawfull or vnlawfull possession and heritage of the same Bishop yea or no. And if it be lawfullie appropried and so a lawfull possession and heritage then I leaue it againe to the inquisition of the King what summe of money out of the fontes of the same church ought yearlie to be distributed to the poore ParochiaÌ„s what the endowment of a Vicare canonicallie to be instituted and inducted in the same church should be what house is appointed for the same Vicar to keepe his hospitalitie in and whether any Vicare for the space of these many yeres passed hath bin Canonicallie instituted and inducted in the same church to possesse that endowment to inhabite that same house and enforme that people For if by the appropriation it selfe or by the abuse thereof the poore Parochians haue bin defrauded of their yearelie distribution or if no Vicares haue bene Canonicallie instituted and inducted in the same or if being inducted they haue their indowments so small or so covetouslie kept backe from them as that they can not sufficientlie mainteine theÌ„ selues much lesse keepe hospitalitie theÌ„ as the Admonitor coÌ„fesseth there must needes be a lamentable abuse of impropriations and that therefore it is greatlie to be wished that by some good statute it might be remedied And as those churches which are vnlawfully appropried are not the lawfull possession and heritage of the proprietaries so on the other side we aâ—â—irme that those impropriations which were made reformed according to the statutes of Ri. 2. He. 4. may well stand as mens lawfull possessions and heritages even with those things which are required to be planted brought into the Church whatsoever the Admonitor hath written to the contrarie For wee doe not holde that maintenance must onlie and necessarilie be provided for everie Minister by the payment of tythes oblations and other ecclesiasticall profites belonging to churches appropried or disappropried For there being no direct proofe to be made out of the law of God that Ministers of the Gospell must onelie liue vpon tythes the King and Parleament may well and competentlie inough appoint covenable endowments for everie Minister without disapproprying of any church appropried And therefore litle cause had the Admonitor to insinuate the ruine of impropriations vpon the bringing in the discipline of our Savior Christ because the same may bee well planted and yet to other not vnplanted But what neede we to argue against his insinuation considering he him selfe before he came to the end of this page by his owne disclayme contradicted his insinuation For if the forme of finding Ministers by tythes must with the canon law as he saith be abolished and if there must be some other order for this devised because this may seeme papisticall and Antichristian what should anie man feare the taking away of those lawes whereby impropriations do stand For if such as heretofore haue spoken or written against them because as he insinuateth the forme of finding Ministers by tythes seemed to be vnlawfullie taken away and as he would also insinuate by their iudgement ought againe to be restored and not to stande any longer as mens lawfull possessions and heritages How I saye doth it followe that they which desire impropriations to bee restored to their pristinate state should withall require to haue the findinge of Ministers by tythes to bee abolished It seemeth therefore that the Admonitor so he might be talking passed but a â—itle what he talked For what a double talke is heere or to what purpose was this talke Was it because some men do thinke that the Ministers ought not to receyue tythes for their reliefe paynes in the Ministerie Why then let all men knowe that we disclayme such some mens opinions For wee accompt all things perteyning to this lyfe directlie or by consequence not commaunded nor prohibited by the holy and sacred Scriptures to be things indifferent and that therefore we may vse them or not vse them as the commoditie or incommoditie of the Church shall require And therfore as we doe not affirme that the maintenance of the Ministers must onelie and necessarilie bee levied out of tythes oblations and such like so also we do not denie but that the tenth part of the increase of all our goodes by the authoritie of the King his lawes may be allotted for their possession and hâ—ritage especiallie in our couÌ„trey the same manner of payment beeing so auncient and so agreeable to the maners vsages and disposition of our
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
carefullie vse this his freedome And therefore he may not wholy and altogether put from him selfe and expose at haphazard the provision education instruction dieting appareling and lodging of his wife his sonnes his daughters and his servaunts vnto strangers neither may Husbandes Fathers nor Maisters giue their consent to the making of anie lawe or the bringing in of anie custome whereby their freedomes should be restreyned adnihiled or made voyde in this behalfe For by thus violating the rules and grounds by thus treading as it were vnder foote the equitie of Christ and the freedome they haue by the lawe of God should they not most prophanelie and impiouslie despight God and as it were over turne the whole order he hath set in nature And if the people may not cast off these rules and these groundes this equitie and this freedome in thinges apperteyning to this frayle bodily transitorie and earthlie life howe much lesse may they cast them off or sett litle by them in things apperteyning to the salvation of their soules and to a durable spirituall everlasting and heavenlie life But the peoples right to choose their Obiection that the peoples right did neuer depend vpō the expresse commandemēt of God Bishoppes did never depende vpon the expresse commaundement of God neither can the people chalendge by Gods law the right to chose their Bishoppes I meane saieth he no such thinge is expressed and conteyned in the Scriptures What then if it doe depend or bee conteyned vnder the generall groundes and rules of reason nature christian equitie christian societie principles of humane fellowshippes the law of God the practise of the Apostles and that which was from the beginning Is it not sufficient Though it bee not expressed in these termes viz That the people must chose or that the people haue right to choose their Bishoppes It is not expressed and conteyned in the scriptures that everie man must choose his owne wife or that everie woman must choose her own husband And yet by the doctrine expressed or conteyned in the scriptures is it true that no man hath right either to choose an other mans wife or to choose an other womans husband And that everie man hath right to chose his owne wife and every woman right to choose her owne husbande Againe it is not expressed and conteyned in the scriptures that infantes must bee baptized Neither is it expressed and conteyned in the scriptures that the Bishopp of Lichfield must haue but one wife Yet because it is conteyned in the scriptures that God in the beginning brought but one woman vnto one man and gaue to one woman but one husband I assure my selfe it wil not be denied but that the Bishops must and doth content him selfe with one wife and that every Christian ought to bring their children to be Baptized Besides if Maister Bilson distinguish Bishops in England from Pastors in England and Arch-Bishops in England and Pastours in England two severall orders and degrees of Ministers in the Church of England then I graunt that it is neither expressed nor cōteyned in the Scriptures that the people must choose their Bishops in England And why but because the Scriptures having put no difference betwene Bishops and Pastours knowe no such Bishops as wee haue in Bishopps in England are only Bishops by the Kings grace not by diuine institution England And therfore Bishops in England being Bishops only by the Kinges grace and not by divine institution and ordination as Pastours in Englande be hence is it that the Kings of England by their prerogatiue Royall and not the people by the rule of Scriptures haue chosen their Bishops in England And for this cause also was it that Kinge Henry the eight with advise of the Parleament did reassume the nomination appointment investiture cōfirmation of his Kingly Bishops from the Pope As for the nomination of Pastoures having cure of soules in parishes otherwise Pastors in parochiall Churches were neuer placed by the King as Bb. are in their Bishoprickes then all patrones by right of patronage doe giue presentmentes their choyse institution translation or deprivation the Kings of Enland by their regall power never yet hetherto tooke the same vpon them And if the Kinges of England by any fact or by any law did never take away the right interest and freedome from the people in choosing their Pastours what right other then by vsurpation can the Bishops haue to impose or thrust vpon the people Pastours without their liking But by custome and consent the people haue restreyned them selves Herevnto if it were not already sufficiently answered that the people could not lawfully restreine them selves yet Maister Bilson him selfe answereth That the late Bb. of The people lost their cōsent by cursing fighting of the Popes Rome neuer left cursing fighting till they had excluded both Prince and people and reduced the electiō wholy to the Clergie By cursing and fighting then haue the people bene overruled and excluded and not by custome or consent haue they restreyned them selues Yea by vertue of this cursed fight onely doe the Bishoppes of Englande at this day exclude both Prince and people from medling in the choyse of Pastoures For by authoritie of the canon law made by those late cursing and fighting Bishopps of Rome the Bishoppes of Englād haue the sole ordination and placinge of Pastours over the people And from hence also is it playne that the peoples right was not by their default or abuse relinquished and forfeyted For then then late Bishoppes of Rome needed not to haue cursed and fought for it And now whether it bee not meete that the Lord Bb. professing them selues to bee Christian Bishoppes should still reteyne in their handes and not restore vnto Christian people the possession of their Christian equitie and freedome extorted from them by the cursings and fightinges of antichristian Bb. I leaue it to the consideration of the reverende Bishoppes them selues Touching the mischieves and inconveniences of schisme troubles strifes contentions so often inculcated and so much vrged and excepted against the election of the people there is no man able as I thinke to produce any one pregnant proofe out of any auncient or late Historie that any Kinge or Soveraigne power hath interposed any supreame authoritie to appease any discord or dissentiō ensuing or raised vpō the bare choise made of any meere Parochiall Pastour by any faithfull and Christian people The schismes strifes and factions that were raysed in the old Schismes contentions spring from schismaticall and proud clergy maisters Churches sprang out and flowed onely from the heads and fountaynes of those schismes strifes factions and namely from proud ambitious and hereticall Bishops and great Clergie maisters For they being infected and poysoned with the contagion of schisme and heresie having sowred the mindes of their Disciples with the leaven of their hereticall doctrines no merveile if the people
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
this nation Pag. 8. of Englande vpon light causes is more enclined to broile and trouble then any other And to speake the trueth as daily experience teacheth vs what feare of trouble No feare of trouble about the choyse of an ecclesiastical Officer is there likely any way to ensue by reason of dissentioÌ„ ambition among the people in the choyse of an ecclesiasticall Officer when most of the people shall rather shune and eschew then long or desire to beare any ecclesiasticall office The coÌ„mon people among whom I dwell vse oftentimes many delayes yea they procure what favour friendship they can not to be appointed to any the inferiour offices before specified And why do they so but because those offices be full of bodily care and trouble And is there then any Christian knowing how the whole soule minde and spirite of a man is altogether to be imployed in the dischardge of a spirituall function that will dissentiously and ambitiously seeke to be chosen an Elder The Admonitor telleth vs that men Pag. 79. by experience know that many parishes vpon some private respect do send their letters of earnest coÌ„mendation for verie vnfit and vnable persons insinuating thereby what an inconvenience might follow if Parishes had the whole direction and order to sound out who were fit and able persons But as this fancie was never yet by any of sound iudgment on our behalf so much as once thought much lesse insisted vpoÌ„ so may it please the reverend Bishops to bee advertized that the meanest and simplest Parishioner among a thousand can quicklie retort this reason against their Lo. viz. that no parishes by letters of commendacion can commend vnto any Bishop any person as an able and fit man vnto any particuler parish or speciall charge vnlesse the same or some other Bishop haue formerly ordeyned him and approved him to bee a fit and able person for every place And how then were it possible if the choyse of having one to be their Pastor were wholy in the hands of a parish that the same parish could choose any worse men any more ignorant and vnlearned men then their Ll. haue coÌ„mended vnto vs. For haue they not chosen sent coÌ„mended such vnto vs as know not a bee from a batle doore as vneth knowe to read English and as knowe not the Lordes prayer from the Articles of faith Of which sort of Ministers Ministers sent vnto the people which know not a b. froÌ„ a batle doore the Parson of Haskam now living a Chaplin in Winton-diocesse may be produced for a witnesse omni exceptione maior For thus much is to bee proved from the report of a good and religious Knight dwelling within that Diocesse that vpon a time in the presence at the instant request of the said Knight when a protestant Bishop of the same The person of Haskams aunswere to the Bishopp of Wincester Diocesse deceassed had demanded of the new Parson of Haskam which was the first Petition of the Lordes prayer the saide Parson after hee had a prety space paused and gased towardes heaven at length made this answere viz I beleeve in God the Father Almightie at which answere the Knight merelie smoyling I told you my Lorde quoth the Knight what a profound Clerke your Lordship should find this fellowe Well how vnclerkly and how vnprofoundly soever this Clercke then aunswered and albeit at that present he could not obteine the institution which hee came for to that benefice for the good Bishop hated such grosse ignorance yet this Clerke afterwardes by the corruption of the same Bishops Chancelour was instituted into the same benefice and to this day possesseth it quietly though he can hardlie read Englishe to the vnderstanding of his people I could haue enformed him also of many other such Clerkes resiant and beneficed in that Diocesse and namely of the Vicar of W who vpon an holy day in steed of preaching the Word Fables read in the church which hee could not or in reading of Homilies w h he would not to terrifie his Parishioners with the iudgments of God to moue them vnto repentance solemly reade and published a contrefaict fable out of a litle Pamphlet intituled Strange newes out of Calabria preteÌ„ded to be prognosticated by M. Iohn Dâ—leta Of these of a nuÌ„ber of such able skilful Clerks Chaplins my Lords of the Clergie may be enformed And therefore on the behoof and in the defence If the people had choyse of their Pastors they would provide better then the Bishopps send them of the coÌ„mon people of England I am to testifie and to protest vnto their Lordships that by the mercifulnes and goodnes of our God we are not yet become so ignorant rude barbarous as that wee would admit such maner of Clerkes Chaplins to haue the cure of our soules in case it laide in our power to chuse and refuse out owne Pastours No no our soules and the soules of our wives children and families should bee more deare and more precious in our eyes then that carelesly wee would hazard all our birthrights vpon the skill habilitie of such a messe of hirelings and idoll-sheapheards And surelie me thinks it standeth greatlie with the charitie of our Lorde Bishops to conceave the commons to haue so much naturall vnderstanding as not to choose a cobbler when they want a carpenter nor to reteine a loyterer in lieu of a labourer nor to hire a sleeper in steed of a watchman But alas be it that the poore coÌ„mons of Englande were thus wretched Though the coÌ„mon people bee not able to discerne of Pastours yet the Nobles are able and thus bewitched yea be it that they were thus desperate and besides themselues should therfore the Nobles and Peres of the Realme be as prophane as impious and as heathenish as they Are the great men also vnworthy vnable vnfitt to discerne betweene night and day betweene light and darkenes Can they also put no difference betweene good and evill betweene a blind guide and him that hath his eye-sight or haue they no better stomach then to cast vpp Methridat and to digest hemlocke will they also chuse them Capteines from among Corvysers and will they call sheepheards from among swineheards or will they take them Pastours from among Pedlers or will my Lords of the Clergie charge them to bee those ambitious persons to worke the Commons for their private respect to the choyse of vnworthie men or will they being them selues vnder his Maiestie the worthies of the land and chiefe guydes and leaders of men in peace in warre vpon earth chuse the scumme the refuse the baggage of the lande to guide their owne soules to hell For to heaven by the labour and industrie of such idoll ministers as whose lippes preserve no knowledge they can never be brought A great part of the coÌ„mon people saith he are backwardlie affected towardes
The common people accused to bee backwardly affected to religion the trueth of Religion from whiche backwardnes he draweth an argument against the allowance of the Pastors by the people But alas is there any merveyle that the common people for the most part be backwardlie affected For how is it possible that they should stepp The backwardnes of the people proceedeth from the baâ—kwardnesse of their guides one foote forward when eyther their guides stand still or goe not at all or at least runne fromward or can the common people become good schollers in the schoole of Christ learne to know the trueth of his religion when their Maisters and Tutours whom my Ll. of the Clergie haue begotten provided thrust vpon them be vnlearned and irreligious dullardes What Can trueth spring from errour or can light arise out of darknes Doe men pluck or pull corne froÌ„ a dead stalke or a full eare froÌ„ a dead roote Can a Vintener draw wine out of an emptie casque Or doth a Baker powre meale out of a bottomlesse bagge If then the common people be foolish and ignorant if they doe erre be irreligious they may iustlie challeng the Lords spirituall of vnkindnesse and want of loue not because they haue sent Embassadours vnto them as the Gibeonites sent vnto Iosua with old sackes old botles with old shoes and olde rayment with provision of bread dried and mouled but because they haue sent theÌ„ such Embassadoures as haue had no sackes no bottles no shoes no rayment yea and no maner of bread at all All which notwithstanding the Admonitor by the backwardnes of the people laboureth Pag. 116. mightilie to acquite the Lord Bb. laying to the peoples charge that this fault hath not happened for wante of teaching by the Ministers but for want of profiting by the people The scripture sayth he in no place teacheth vs that the offences and faultes of the Ministers are alwayes the onely cause why the worde of God doeth not take place in mens hearts It is commonlie and almost alwayes imputed to the waywardnes vnthankfulnes and obstinacie of the people that heare it But alas who euer fancied that the faultes of the Ministers of God were the onely cause why the word of God preached by theÌ„ did not enter into the heartes of men Where the Minister sincerelie preacheth the Word of God if there the people doe not worthily embrace the same the people are onlie in blame and not the Minister no though hee may haue manie faultes for when they teach the trueth the people are bound to doe as they say Mat. 23. 2. 3 and not to doe as they doe because they saye and doe not But the coÌ„plaint that hath bene is still made is this namelie that the people generally in most places of the Lande and for the most part haue no seed at all sowen for want of husbaÌ„dmen that the people can not be hearvested for lacke of labourers that the people could bring foorth no fruit because they were not ered plowed that the people could not heare What for want of their own eares no but for want of the Priests lippes which should haue preserved and taught knowledge and therefore this general backwardnes and vnfruitfulnes of the people in religion must still light vpon such as haue bene the occasion that there haue bin so few drivers to hayte them on and to whistle them forward No why this Realm of England as saith the Admo never had so many learned men nor of Pag. 140. so excellent gifts in delivering the word of God it is the greatest ornament that ever this Church had for my part saith he surely I do reverence and merveile at the singuler gifts of God that I see in many And doe my Lordes of the Clergie merveyle in deed of so great a number Men of excellent gifts and men of no gifts are vnequallie marched in the ministerie of the Gospell of excellent men and of so singular gifts in them And should not then also the people merveyle beyond merveyle that some of the Lordes spirituall for small matters of so litle importance should put to silence many of the chiefest of many excellent and learned men Nay may not the people bee astonished at the litle loue of some of the Bishops when as vpon displeasure conceaved against many excellent learned men their Lordshippes suffer the people to sterue and famish for want of food rather then those learned and excellent men should break vnto them the bread of life But bee it graunted that many excellent mens mouthes be not yet stopped or if they haue bene stopped they are nowe opened againe what is this to that that they haue no moe learned meÌ„ The vse of an hireling or that they haue any hirelings at all For to what vse serveth an hireling but first to robbe to spoile and to kill afterwards to trust to his heeles to trudge and to runne away As for that that many learned and excellent men in manie places of the lande doe still feede the The nomber of excellent Ministers in the ministerie is small in coÌ„parison of vnlearned Ministers people they may be saide in respect of the people vnâ—ed to be an hand-full to an house-full or as an inch to an elle Besides how are the people fed in many places by some of these many learned men is not one of them allotted by a licence in a box to breake bread vnto twentie or fourty thousande people What by them selues in one place sitting round and close together Nay but in a 1000. and moe Parishes distant farre and wide a sunder and that at sundrie times one time long after an other and what a strange and new kind of feeding call ye that Is it not as if a victualler should provide one meales meate for a companie at LoÌ„don and another meales meate for a companie at Lincolne and another meales meate for a companie at Exceter and another meales meate for a companie at Bristoll to feed his guestes vntill he had ridden from coast to coast The maner of dyet set before the people by such Ministers as wander froÌ„ place to place to provide new viand And yet this is the common maner of Diet and the coÌ„mon maner of food prepared and sett before the soules of the people For manie of these learned Preachers galloppe from place to place and trott from Parish to Parish and giue vnto the people at one time bread half baked at another time beere half brued sometimes either meat twise sodden or halfe rawe and many times drink both dead sower wallowish And how then is it possible that the soules of the people shuld prosper wax strong and be pliable in going forward in the trueth of Religion they being so thinlie dieted and enterteigned with so small cost But to let these gallopers passe wee will conclude this point and thus we saye that
did appertayne we leaue it to be considered whether the right to nominate elect ordayne for that time onelie might not hereafter devolve vnto the presbyterie as in like case it hath done heeretofore vnto the Bb. And from that Presbyterie if the same should make default that the benifice should be then in lapse vnto the King Lastly touching the nonhabilitie of A Clerke wronged by a refusall for nonabilitie how he may be releued a Clerke if the Clerke whom the presbytery should refuse come from one of the Vniversities then as a Clerke before time refused for non abilitie by the Bb. was to be tried by the Archbishop and by him to be alowed or disalowed so in this case we leaue it to be cōsidered whether it were not meete that this Clerke so refused and complayning himselfe vnto the Magistrate to bee wronged should haue his abilitie to bee againe tried by that next Synode of Ministers to be cōgregated within that Deanry And if vpon triall made and bringing a testimoniall vnder some authentike seale from the Synode of his habilitie whether the Presbyterie vpon a good peyne within a time to bee prefixed should not be constreined to ordeyne and dedicate A Clerk refused for crime to vvhom the nomination may devolve the same Clerke to the ministerie of the same Church And as for the refusall of a Clerke by the Presbyterie vpon obiection of crime if the crime be so haynous as for which by the canons of the church he might not be promoted to the Ministery then is it to be cōsidered whether the presbytery in this case also as in the former of nonhability might not nominate elect and ordeyne the Clerke to that place for that time only and vpon the presbyteries default the lease also to be vnto the King And thus haue we cōpared the manner of church gouerment now in vse touching these points with that forme of Discipline which is desired to bee planted By which cōparison the Kings The benefits ensuing the platform of ordination c. required Highnes may very easely discerne the differences betweene them to be such as whereby the Kings dignity and prerogatiue shall highly be aduanced the Kings poore subiects both Ministers people diuers wayes eased vnburdened the lawes better obserued to the vnspeakeable peace trāquilitie both of church common weale The Prophets triall of the Prophetes the peoples approbation of their Pastours the Ministers entrance into their Ministerie according to the Apostolicall practise of the primitive church would be a meanes vtterly to extinguish that schisme that remaineth yet among vs that we haue no Christian Ministers no Christian Sacramentes no Christian Church in England Besides the Ministers for letters of orders letters of institution letters of inductions for licences to serue within the Diocesse for licences to serue in such a cure for licences to serue two cures in one day for licences to preach for licences of resignation for testimonials of subscription for letters of sequestration for letters of relaxatiō for the Chancelours Registers Somners diners for Archidiaconal annuall and for Episcopall trieniall procuratiōs the Ministers I say to bee nominated elected ordeyned approved confirmed and admitted by the Patrone by the Presbyterie by the People and by the King should be disburdened from all fees for these things and from all these and such and such like grievances Onlie for the Kings writts and for the traveyle and peynes of his Highnes Officers taken in and about the execution of the same writts some reasonable fees as it shal please the King may be taxed and set down The people also in soules in bodies and in their goods could not but be much comforted relieved and benefited They should not hencefoorth to the perill of their soules haue vnlearned vnable and vndiscreete Ministers thrust vpon them and set over them Neither should they be compelled vpō light occasions to take many frivoulous oathes in vaine They should not be summoned from one end of the Diocesse vnto the other nor bee posted from court to court from visitation to visitation The Churchwardens and sidemen of every Parish should not vpō peine of excommunication be constreyned once or twise in the yeare to pay six or eight pence for a sheet of three halfepeny articles They shall not any longer out of the common treasurie reserved for the poore beare the charge of their Parishes for making bills visitation divers other expenses There should be no more suits at law betwene Clerke and Clerke about the Patrons title no more suites of double quarell betwene the Clerke and the Bishop no more debate betwene the Bishop and the Archdeacon and lastly there should be no occasion of any riots and vnlawfull assemblies to bee made vpon entries and possessions by vertue and colour of two presentations two institutions and two inductions into one benefice at one time The Patrones as being Lords and avowers of the Churches might haue the custodie of the Churches during their vacancies and their ancient right in this behalfe restored All swearing of canonicall obedience vnto the Bishops by the Ministers all swearing and forswearing of Clerks for any symoniacal bandes promises or agreemēts betwene them and their Patrones and all robberies 31. Eliz. c. 6 and spoyling of the Churches by the Patrones should determine cease Especially if it might please the King Parleament to haue one clause of a statute against abuses in electiō of Schollers and presentation to benefices enlarged For although euerie corrupt cause consideration by reward gift profit or benefite to present be inhibited by that act yet notwithstanding by experience in many places we finde that the Patrones for small rentes and for many yeres are in possessiō some of the mansiō houses some of the glebe lands and some of the tythes of such benefices as since the publishing of that act haue bin bestowed vpon Clerks which breedeth great suspicion and ielouzie in the mindes of men that the Clerke and Patrone at the beginning directly or indirectlie did conspire to frustrate and delude the intendement of the statute And therefore wee leaue it to be considered by the Kinges Maiestie and Parleament If any Clerke after confirmation possession A meanes to restraine patrons from corruption to any benefice hereafter to bee made and given vnto him shall willinglie and wittingly suffer the Patrone of the same benefice or any other person in his name or to his vse directly or indirectly mediatly or immediatly to vse occupie or enioy the mansion house gleebe land or other ecclesiasticall commodities or any part thereof belonging to the same benefice In this case I say we leaue it to be considered whether it were not meete convenient that every such willing and witting sufferance by the Clerke and every such willing and witting possession vse or occupation by the Patrone should not be adiudged to be a iust cause to determine
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
represse Puritanes in one Parish then Maister D. Stanhope alone to represse all in a Diocesse in Holborne and that hee had chosen Maister Harsnet to bee his Curat and withall that Mai. Dodge Ma. Merbury Maister Flower and Maister Brisket all cheefe attendants on his late great Lord and Maister were inhabitants within the same Parish that the chiefe men of the same Parish had chosen those to be assistants to him and to his Curat for the inquisition of the demeanours of all the Puritanes and Precisians within his Parish let this I say bee supposed would not hee and they trow wee thinke it a high scorne and an indignitie to be offered vnto their Maisterships in case it should bee insinuated that Maister Doctor Stanhope were better able with one litle blast of breath vpon a peece of paper to blow away all Puritanisme out of the Citie and Diocesse of London then these great Chaplins and discrete gentlemen with their thundrings and with their lightnings were able to fright the same out of one poore Parish in Holborn And againe to make this matter yet a litle more familiar to the minde of the Reader let vs suppose againe that thundering Mai. Merburie now Lecturer in in the church of Saint Mary Oâ—eris were Pastor of the same church had to be his assistants in the Ministery but simple M. ButtertoÌ„ that they two for the Elders of the same Church to be chosen by the Parish had such and such and such and such men louers of all honestie and godlines and enemies vnto all dishonestie and vngodlines could not these learned and graue Ministers with the assistants of such wise godly Borough-maisters be as well able to reforme Papists Atheists swearers prophaners of the Sabaoth Drunkerds adulterers and such like within the Borough of Southwark as is Maister Doctor Ridley to bring to any good amendement of life all such kind of persons within the whole Diocesse of Winchester If the examination and iudgement of all theeueries pickeries burglaries robberies murders and such like were committed to Maister Doctor Ridley alone for the Diocesse of Winchester and to Maister D. Stanhope alone for the Diocesse of London were it not like that for one such malefactor as there is now we should shorthly haue an hundred And therefore to hold vs still to the point in question it is very plaine and euident that this manner of spirituall Iustice mentioned to be executed by the Pastors and Elders is more correspondent to the administration of civill Iustice in the common weale then is that manner of the execution of spirituall Iustice by Doctor Stanhope or Doctor Ridley by the Bishop of LondoÌ„ or by the Bishoppe of Winchester For to begin with our meanest and basest Courts let theÌ„ shew vnto vs any Court Leete Law-days or Sherifs turnes within Matters in Leets and Lawdayes not ouerruled by one alone any Countie Citie Towne Borough Village or Hamblet within the Realme wherin matters of civil Iustice are heard examined and adiudged by one man alone If for the common benefit of the Tenants against incrochmeÌ„ts ouerlaying of coÌ„mons wast nuisances or such like any payne is to bee offered or presentment made the same is not set or made by the Steward Sherif or other Officer alone but by the commoÌ„ voice and consent of all the homagers and suitors to the Court The Steward indeed is the director and moderator of the Court the giuer of the charge and the mouth of the whole assembly to pronounce and enact the whole worke of their meeting but he is not the only inquisitor the presentor the informer or the Iudge to dispose all things according to his owne discretion Besides matters of the Kings peace are not committed in any Countie or other place within the Realme only to one Iustice of the peace alone For neither at the generall Breaches of the Kinges peace not punishable by one alon Sessions of the peace nor at any other lesse publike meetings any person for any offence whereof he standeth indighted or for which he is punishable can be fined amerced or bodily punished at the discretion of one Iustice alone but by the greatest part of the Iustices assembled his penaltie is to be imposed vpoÌ„ him Furthermore this manner of the examination of the fact and declaration of the law for the triall of the fact and iudgement of the lawe doth not reside in the brest of one Iuror or Iudge alone In the Courte of the Kings Bench if a prisoner bee brought to the Barre and confesse not the crime Iustice in anie of the B. Courts is not executed by one Iudge alone by the Iustice of that Court hee can receaue no iudgement vnlesse he be first indicted by inquisition of 12. grand Iurors at the least and afterward againe be tried by other 12. brought iudicially into the Court face to face Yea in this Court neither the interpretation of the common law nor the exposition of any statute dependeth vpoÌ„ the opinion credite or authoritie of one Iudge no not of the Kinges chiefe Iustice him selfe alone for his other three brethren and Co-juges varying from him in point of law may lawfully over-rule the Court. The same maner of iudgement for the law is in vse and is practized by the Iudges in the Court of common Pleas and by the Barons of the Exchecquer in the Latin Courte of the Exchecquer And not onely in these Courtes of lawe and In the Courts of Equitie are many assistances Iustice but also in all the Kings Courtes of equitie coÌ„science it is not to be sene that any one person alone hath any absolute power without assistants finally to order iudge and decree any cause apperteining to the iurisdiction of those Courtes In the Courte of Requestes there are not fewer then two Court of Requests yea some times three or fower with Maister of Requestes in commission to heare and determine matters of equitie in that Court. In the Courte of Wardes and liveries there sitteth not onely the Court of Wards Maister of the Wardes but also the Kinges Attorney the Receaver and other Officers of the same Courte In Court of the chequer Chamber the Courte of the Checquer-chamber with the Lord Thresorer who is chiefe and President of that Councell yet with him as assistants doe sit the Chancelor of the Exchequer the Lord chiefe Baron and the other Barons Whatsoever decree finall is made in the Kinges High courte of Chancerie high Courte of Chancerie the same is decreed not by the Lorde Chancelour alone but by the Lord Chancelour and the high Court of Chancerie wherein the Maister of the Roles and the twelfe Maisters of the Chancerie as coadiutors doe sitt and giue assistance In the most honorable Court of Starre-chaÌ„ber the Court of Starre-chaÌ„ber 3. H. 7. c. 1. 21. H. 8. c. 20. Lord Chancelor the Lord Thresaurer and the President of the Kings most
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-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
the ordinaries in every Parish for the better retayning of the people in obedience vnto divine service In everie Parish saith the Iniunction three or foure discrete men which tender Gods glorie and his true religion shall be appointed by the ordinaries diligentlie to see that all the parishioners duelie resort vnto their Church vpon all Sundayes and holie dayes and there to continue the whole time of the godlie service And all such as shall be negligent in resorting to the Church having no great or vrgent cause of absence they shall streightlie call vpon them and after due admonition if they ameÌ„d not they shall denounce them to the ordinarie Thus far the iniuction Which that it is not meant of the Church Wardens appeareth by the verie next article for vnto them as is assigned an other name so also another Office That sidemen also are not these kinde of overseers is playne in that they be neither so manie in number as are here required neither chosen by the ordinaries neither yet do they admonish denounce according to this article Wherefore because it is meete that the effect of this Iniunction being religious should bee put in due execution it seemeth a thing verie reasonable and much tending to the honour of the King that his Highnes vnder his letters patents would bee pleased to appoint three foure or more discrete and faithfull persons in everie Parish not onely to performe the effect of this article but also generallie to oversee the life and maners of the people that without great vrgent causes they resorte not vnto Typling-houses or houses of evill note and suspected fame and that vpon the Sabboths they vse no Heathnish dauncing about their disguised May-poles And after due admonition if they amend not to denouÌ„ce them to the Pastor of the place For then might the Pastor be encouraged to giue Book of the forme of ordeining Priestes his faithfull diligence as at the time of his ordination hee solemlie promiseth vnto the Bishop alwayes to Minister the Doctrine and Sacramentes and Discipline of Christ as the Lorde hath commanded by which words inserted in the booke there is a plaine and open confession made by al estates in Parleament that Christe hath not onely established Everie Minister ought to minister the discipline of Christ in his own cure by consent of parleament discipline but a certaine forme of discipline in his Church and that the Pastor to whom the care and charge is committed to teach the people ought to minister the same discipline For it had bene a verie absurd parte for the Parleament to appoint the Bishop to receaue a promise from the Minister to minister the discipline of Christ if Christ had not instituted a Discipline or that the same discipline which he instituted had not in their iudgements belonged vnto the Minister And therefore this verie letter of the booke coÌ„vinceth the whole answere made vnto the abstract touching this point to be verie erroneous frivolous and impertinent to the point in question For whereas in the abstract it is alleaged that the Bishop by vertue of The Minister by promise bindeth himselfe to Minister the discipline of Christ the order and forme appointed by acte of Parleament bindeth the Minister aswell to minister the discipline of Christ within his cure as the doctrine and Sacramentes of Christ as the Lorde hath commaunded c. herevnto first he answereth that these clauses do not dispositively Pag. 55. Pag. 60. ordaine any thing for discipline as though the lawe ment by authoritie hereof to establish that the order in these thinges by the Realme receaved should be holden as agreeablie to the word of God but must be taken enunciatively to declare and affirme that following the order by law established they should doe agreeable to Gods will But alas what repugnancie is there heard for howe Regugnance in the aunswere to the abstract can the law declare and affirme that the Ministers following the order by lawe established shall doe agreeablie to Gods will if the order in these thinges by the Realm receaved should not by the meaning of the law bee holden as agreeable to the word of God What doth the law meane that a man can doe agreeably to Gods will in any thing whiche is not agreeable to his word or if the law haue established an order in the discipline which is not agreeable to Godes worde shall the Ministers do agreeably to Gods will if they follow the Lawe For the meaning of the law is plaine viz. that the Minister by vertue of his promise made to the Bishop shall be no further bound to minister any Doctrine Sacramentes or Discipline receaved by the Realme vnlesse the Realme haue receaved the same according to the coÌ„mandment of God For the ParleameÌ„t having a religious consideration that the Minister of Christ must not haue so much respect what the lawe of the Realme as what the law of God commaÌ„deth carefully provided for his indemnitie in this behalfe Besides what a friuolous comment hath hee made vpon the wordes of the A frivolous comment vppon the wordes of the booâ—e of ordeining Priestes c. booke when he sayth that these wordes of the Bishopp doe not dispositiuely ordeyne any thing for discipline When as the question is not whether the Bb. words but whether the lawe and booke dispose any thing for discipline For the Bishop being but a servaÌ„t to the booke and to the lawe and one vnto whose fidelitie the execution of the law booke is committed though he doe not by his wordes dispose any thing of Discipline yet by his demaunde hee sheweth vnto the Minister that the office of the Ministration of discipline within his cure charge is committed vnto him that by his ordination his person is fully inabled aswell to minister the Discipline as to preach the doctrine of Christ And herevpon also falleth to the ground his other answere as wholie impertinent to the point in questioÌ„ For where he saith that the Lawe meant not by authoritie hereof to establish that the order of these things by the Realme receaved should be holden as agreeable to the worde of God this I saye seemeth wholie to bee impertinent to the purpose of the abstract For there is no such thing insinuated The answer to the abstract wholie impertinent to the point in question to be intended by the statute onely the scope of the Authours drift in that place seemeth to be this viz. That everie Minister by vertue of his promise enioyned by act of Parleament to be made by him and by the office of ministerie taken vpon him at the time of his ordination hath bound him selfe to minister the doctrine sacramentes and discipline of Christ as the Lord hath commaunded And what then if the Lawe The not disposing in perticularitie all rites ceremonies of discipline doeth not hinder the exercise of discipline by the Minister haue not
childes Baptisme should be of stone of pewter of brasse or of silver whether the Minister should descend to the lower ende or the childe ascend to the vpper end of the church Whether the child should haue a great handfull or a litle sponefull of water powred vpon his head In the celebration of the Lordes Supper it is directlie commaunded that the people shal stand sit or passe whether it should be celebrated every first or second Sabboth of the moneth whether in the morning at noone or at night In the ordination of Ministers there is no iust proofe to bee made that any certeyne number of Ministers are to lay on their hands that the day of ordination should be alwayes one that the Minister should bee of such an age or that the prayers should bee of this or of that lenght and forme of wordes And therefore touching these and such like thinges of indifferencie we agree with the Admonitor and reverend Bb. that one forme of externall orders rites ceremonies is not of necessitie to be in every Church because there is no such order witnessed by the holy Scriptures to bee of necessitie But touching the ioynt severall functions of Bishops Pastours and Elders that they or any of them should in any age or state of the church of Christ bee wanting or that such offices as by warrant of the Scripture are coupled together should be severed or that any other persons should be appointed to execute any functions in the Church then such persons only as for their functiōs haue warrant from the holy Scriptures wee can not in any sorte therevnto agree And why forsooth because all both offices and officers in the Church must only and alonely be derived from our Saviour Christ as from the only fountaine and bestower of all officers offices in the house of God And therefore albeit we should graunt as the Admonitor hath saide that the outward order vsed in the primitiue Church touching rites ceremonies by Bishops Pastors and Elders is neither necessarie nor so convenient as it may be otherwise in the time of peace vnder a Christian Magistrate yet we may not herevpō imply as his negatiue implieth viz. that Bishops Pastors Elders or any of them are neither necessary nor so convenient officers or governours as other officers of mans invention might be For which our opinion by the helpe of God wee shall assay as before hath bene mencioned in an other place to lay down out of the worde of God some iust proofes according to the Admonitors request that there ought to be in all ages and states of the Church this outwarde order forme of goverment viz. that Bishoppes Pastours and Elders ought evermore to bee spirituall governours and that evermore they and none other ought to vse that essentiall kind of spirituall goverment and none other which was practised by the Bishoppes Pastours and Elders in the Apostolicall and primitiue Church Allwayes leaving the outward rites and ceremonies of their spirituall kind of goverment to be indifferent as erst hath bene said FINIS Speaches vsed in the Parleament by Sir Francis Knolles and after written to my L. Treasurer Sir William Cecill TO the end I may enform your Lord shippe of my dealing in this Parleament-time against the vndue claimed superioritie of the Bishoppes ouer their inferior brethren Thus it was Because I was in the Parleament time in the 25. yere of King HENRY the eight In which time First all the Clergie aswell Bishops as others made an hūblie submission to King HENRIE the 8. acknowledging his Supremacie and detesting the vsurpation of the Bb. of Romes authoritie Vpō which submission of the Clergie the King gaue vnto the said Bb. the same ample rule that before they had vnder the Pope ouer their inferior brethrē saving that the same rule was abridged by statute by this parenthesis following that is to say without offending the prerogatiue Royal of the Crown of England the lawes customes of the Realm In the latter end of the Statute it was added that whosoeuer offendeth in any one parte of that statute their Aydors Counsellers and Abbetters they did all fall into the penaltie of the premunire And after I had recited this statute in the Parleamēt-house I declared that in King HENRIES the eight days after this There was no Bishoppe that did practise superioritie ouer their inferiour brethren And in King EDWARDES dayes the said Bb. obteyned a statute wherby they were authorised to keepe their Courts in the Kings name the which statute was repealed in Queene Maries dayes and was not revived in her Majesties time that now is wherevppon it was doubtfull to mee by what authoritie the Bishoppes doe keepe their Courts nowe in their own names because it is against the prerogatiue Royall of the Crowne of England that any should keepe a Court without sufficient warrant from the Crowne Wherevpon I was answered that the Bishopps do keepe their Courts now by prescriptions it is true that the Bb. may prescribe that King HENRY the 8. gaue them authoritie by the statute of 25. of his raigne to haue authoritie and rule ouer their inferiour brethren as ample as they had in the Popes time But this was no speciall warrant for them to keep their Courts by and that in their owne names And yet they haue none other warrāt to keep their Courts as they do now in their owne names to my knowledge And this was the cause that made them obtaine a statute in King EDWARDS dayes to keepe their Courts by in the Kings name Now it is a strange allegation that the Bishopps should claime authoritie at this present to keepe their Courtes in their owne names as they do by prescription because the statute of 25. doth restraine thē generallie from offending of the prerogatiue Royall of the Crowne of Englande and the lawes and customes of the Realm And no man may iustly keepe a Court without a speciall warrant from the Crowne of England as is aforesaid And the generall libertie given by King H. the 8. to the Bishops to rule and governe as they did in the Popes time is no sufficient warrant to the Bishops to keepe their owne Courtes in their owne names by prescriptiō as I take it And therefore the Bishops had done wisely if they had sought a warrant by statute to keepe their Courts in the Queenes name as the Bb. did in Kinge EDWARDS dayes In which time Archbishop Crammer did cause Peter Martir and Bucer to come over into this Realme to bee placed in the two Vniversities for the better instructiō of the Vniversities in the worde of God And Bb. Crammer did humblie prefer these learned men without any challenge to him selfe of any superiour rule in this behalfe over his inferiour brethren And the time hath bin that no man could carry away any graūt frō the Crown of England by general words but that he must haue speciall wordes to carrie the same by Therfore how the Bb. are warrāted to carry away the keeping of their Courts in their own names by prescriptiō it passeth my vnderstāding Moreover where as your Lordship said vnto me that the Bishopps haue forsaken their claime of superioritie over their inferiour brethrē latelie to bee by Gods ordinance and that now they doe only claime superioritie from her Majesties supreme goverment If this be true then is it requisite necessarie that my L. of Canterburie that now is do recant and retract his saying in his booke of the great volume against Cartwright where he saith in plaine wordes by the name of Doctour Whitgift that the superioritie of Bb. is Gods owne institution Which saying doth impugne her Majesties supreme govermēt directlie therfore it is to be retracted plainly and truly For Christ plainly truly cōfesseth Ioh. 18. 36. That his Kingdom was not of this world And therfore he gaue no worldly rule or proheminence to his Apostles but the heavenly rule which was to preach the Gospel saying Ite predicate in omnem mundū quicūque crediderit baptizatus fuerit salvus erit qui non crediderit condemnabitur Goe preach in all the world who soever shall beleeue be Baptized shal be saved but he that will not beleeue shal be condemned Mark 16. 15. But the Bishops do cry out saying that Cartwright his fellows would haue no goverment c. So belike the Bb. care for no govermēt but for wordly forcible goverment over their brethren the which Christ never gaue to his Disciples nor Apostles but made them subiect to the rule of Princes who ought not to be resisted saving that they might aunswer vnto Princes that they must rather obey God then men Acts. 5. 29. and yet in no wise to resist the Prince but to take vp the crosse and follow Christ FINIS