Ergo seeing a Bishop and Presbyter are the same by the word of God iurisdiction doth of right belong to both Arg. 7. All pastorall duties doe equally belong unto the Pastors but to seperate the pretious from the vile is a Pastorall duty Ier. 15. 19. as it belongeth to the shepheard to seeke that which is lost Ezek 34. 4. that is to reconcile the penitent so also to separate the uncleane to correct the obstinate Augustine saith De corrept grat cap. 15. Pastoralis necessitas habet c. The Pastoral necessity requireth lest the contagion should spread further to separate the diseased sheepe from the sound Ergo it belongeth to Presbyters which are Pastors and haue their flockes Act. 20. 17. 28. to separate ane excommunicate the vile and uncleane Arg. 8. VVhatsoever belongeth to the gathering together of the Saints the work of the Ministery the edifying of the body of Christ is to be performed by the Pastors and Doctors with other Ministers of the Church for to this end hath Christ ordained these offices Ephes 4. 11. But to separate or excommunicate and recoÌ„cile are profitable to the said purposes This authority is given for edification 2. Cor. 10. 8. Ergo it belongeth to the Pastors and Teachers of the Church Arg. 9. The discipline should bee administred by such as are more likely to haue the spirit of direction and to whom with the least perill of the Church the censures might be exercised But an assembly of Presbyters are more like to haue the spirit of Direction as the Apostles and Presbyters assembled in councell saying It seemed good to the holy Ghost and Concil Affrican can 138. epist ad Coelestium to us Act. 15. 28. Thus saith the Councell of Affrican Vnlesse there be any that thinkes God inspireth one particular person with righteousnesse and forsaketh a number of Priests assembled in Synod Again there would arise lesse danger to the Church by this means for there is a rule in the Law Excommunicatus non potest excommunicare he that is excommunicate himselfe cannot excommunicate another caus 24. q. 1. c. 4. But a Bishop or any one Ecclesiasticall person may by many occasions stand under the censure of excommunication In what cases Bishops are liable to the censures of the church as if he haue two wiues caus 24. q. 3. c. 19. or if he bee a teacher of errour hee must bee delivered to Satan caus 24. q. 3. c 13. Pelagius or if he be an usurer caus 14. q. 4. c. 4. or a blasphemer or swearer Carth. 4. cap. 61. or a player at dice. Trullan c. 50. or be negligent in preaching and so continue can Apost 57. or giue orders for money Chalced. c. 2 Or be promoted for money Constant Conc. 6. gener c. 22. or make a lay man his vicar generall Hispatiens 2. c. 9. Or take upon him any civill office as vice-presidentship Iusticiariship Decr. Greg. 3. 58. 4. or sit in causes of bloud or giue sentence for the cutting off of any meber as of ears hands c. ibid. c 5. So writeth Alexander 3. in his rescript to the Bishop of Canterbury But a Bishop or any one man may stand excommunicate where an assembly or company cannot in this case by whom should the discipline be administred Ergo it is safer that the censures of the Church should bee disposed by many then by one Arg. 10. Presbyters by the word of God and practise of the Church are interessed in the spirituall rule and government of the Church but the Excommunication belongeth to the spirituall regiment Ergo For the proofe of the proposition first in the Scriptures wee find that the Apostles called together the Presbyters for the deciding of doubtfull questions and by the Apostle the Elders that labour in the word are made rulers the Elders that rule well especially they that labour in the word 1. Tim. 5. 17. they then that laboured in the word were also ruling Elders for how else should they haue a double honour being excluded from government which is counted one of the greatest honours of the Church Now the practise of the Church is most evident Hier. saith communi presbyterorum concilio Ecclesiae regebantur â—â—â—rom in â— 1. In the beginning Churches were governed by the common advise of presbyters caus 11. q. 3 c. 106. debent 12. sacerdotes Episcopum circumstare c. twelue Priests must stand by the Bisbop when he denounceth excommunication can 108. VVhen the penitent party was to bee reconciled the Bishop must bee assisted with as many caus 12. q. 2. c. 5. The Bishop could not dispose of the temporall things of the Church much lesse of spirituall inconsulto presbyterio not hauing before consulted with his presbitery neither was the assistance of the presbytery for decency and order onely but of necessity Episcopus nullius causam audiat absque praesentia clericorum aliter erit sententia irrita The Bishop shall heare no mans cause without the presence of his Clarks otherwise let the sentence bee voyd Carth. 4. c. 23. Thus it is evident that at the beginning the presbyters did assist the Bishops in the regiment and gouernment of the Church as is confessed also by our learned writers the government of the Church at the first was so apportioned that neither the presbyters should doe any thing without the Bishop Perpetual gover p. 307. nor the Bishop dispose matters of importance without his presbytery D. Fulke thus testifieth it is manifest that the authority of binding Ans to Rhem in 2 Cor. 2. sect 4. and loosing committing and retaining pertaineth generally to all the Apostles alike and to every pastor in his cure Thus was it in the beginning but by little and little in processe of time Bishops began to encroach upon presbyters and their office 1. Bishops had at the first but a priority before their presbyters they were not How Bishops by little and litile encroached upon Presbyters to suffer a presbyter to stand before them Carth. 4. 34. and within doores Collegam se presbyterorum esse cognoscat let the Bishop take himselfe to be the presbyters collegue and fellow but now Bishops are callled Prelats Ministers subditi their subiects 2. As yet the Bishops had no speciall kind of ordayning as differing in order from presbyters as Ambrose saith Episcopi presbyteri una ordinatio there is but one ordination of a presbyter and a Bishop uterque enim sacerdos for they are both but Priests or Ministers in 1. Tim. 3. afterward the Bishops brought in a speciall kind of consecration for themselues 3. Then they went further that whereas in giuing of Orders presbyters were ioyned with Bishops Carth. 4. c. 3. cited before they did assume that office to Hier. Evag. 10. themselues quid facit excepta ordinatione Episcopus c. What doth a Bishop that a Priest cannot doe ordination onely excepted 4. But not contented to stay here
manifest examples of the primitiue Perpet gov p. 406. Church wee striue not for it Answ 1. But why we pray you do you make mention of the Canons of the Church onely and not of the word of God will you haue bishops to haue more authority and Pastors lesse then the word of God alloweth them 2. But we refuse not to debate this matter by the Canons and practise of the Church which notwithstanding hath been in part shewed before argum 10. and shall bee declared further in the answer to the 11. Objection Hierom thus writeth quomodo ibi leprosum sacerdos mundum vel immundū In Mat. ◠16. facit sic hic alligat vel solvit Episcopus presbyter As there under the Law the Priest made the leprous person cleane or uncleane so here the presbyter bindeth or looseth So then as the iudgement and censuring of the leprosie belonged not onely to the chiefe Priests but indifferently to them all He shall be brought to Aaron the Priest or one of his sonnes the Priests Lev. 13. 2. So now the censuring of spirituall leprosie should indifferently belong to all spirituall Pastors Further wee find that presbyters sate together with Bishops and gaue voyces and made decrees not onely in matters which concerne the word and doctrine as we are borne in hand but such as belonged Perpet gov pag. 291. to discipline and excommunication and anathematizing as is evident Concil Eliberrm to the which subscribed 36. presbyters can 52. 62. 67. And in Arelatens 2. can 25. 28. and can * 30. they decree concerning the suspension of Bishops to this Synod subscribed 12. presbyters from hence it is cleare that presbyters assembled in a synod haue power to excommunicate The imperiall Law saith We charge all Bishops and Priests that they separate no Novil constitut 125. c. 11. man from the sacred communion before they shew the cause c. And he that presumeth to excommunicate let him bee put from the communion Thus it was indifferent for Bishops or presbyters to excommunicate Obj. 6. Not in very Church but in every citty there were presbyters assisting and ayding Perpet gov p. 183. the Bishop and these were Clergy men to helpe him in all sacred actions and advise him in all iudiciall and Ecclesiasticall proceedings p. 184. Answ 1. Neither do we urge to haue a presbyterie of Clergy men in everie parish Church but that in every division the presbyters and Pastors should assemble together for the execution of Discipline 2. It being confessed that presbyters in cities haue assisted the Bishop in Ecclesiacall proceedings why then may not the presbyters of country Churches be admitted who are so much the more fit because they are acquainted with the particular diseases in their severall cures 3. The Presbyteries were not onely in great and populous citties neither had the bishops them such large circuits but that one presbytery might suffice for the Cittie and confines thereof for then the bishop had his proper parish Episcopus propriam parochiam non derelinquat Can. Apost 13. his The Bishop had his proper flock proper Church The bishop qui non acquierit ire ad Ecclesiam sibi cōmissam Which did not resolue to goe to the Church committed to his charge should be put from the communion Antioch concil c. 17. hee had his peculiar flock Episcopus grege sibi commissum c. The bishop must instruct the flocke committed unto him with the preaching of the word Turonens sub Carol. Then bishops lived not onely in famous great Citties but in base and obsure townes Episcopus de loco ignobili ad nobilem per ambitionē non transeat A bishop ambitiously must not go from a base and ignoble towne to a noble Carth. 4. can 15. Then bishops had not such a large Diocesse In Augustines time there were in one province under Carthage of the Catholicke Donatist aboue Bishops 9000. Of the Catholicks part there were present 286. and absent 120. by reason of sicknesse and old age Epispall Churches voyd 60. in all 466. Of the Donatists there were present 279. absent 120. Churches voyd 60. in all 459. These so many bishops in one province cannot be thought to haue had Diocesses much larger then some parishes And few bishoprickes haue so many parish Churches under them and none in England unlesse it be Norwich is found to haue more It is no marvell then if one presbyterie with the bishop sufficed for such Diocesses Object 7. Presbyters sate with the bishops at the first as assessors and consenters before Perpet gov p. 317. Synods undertooke such causes Ans 1. The frequenting of Synods was no let to the authority of the presbytery 1. It was a Synod that decreed that Sententia Episcopi c. The sentence of the Bishop should be voyd if it were not confirmed by the sentence of the Clergie Carth. 4. c. 23. 2. From the Nicene Councell to the time of this Synod were assembled in the space of an hundred years and somewhat more twenty provinciall Synods as the Elibortine Arelatens 1. and 2. Gangrens Agrippin Antioch Sardic with others 3. And before this it was decreed that there should be a Synod of bishops twice every yeare Antio c. 20. Constantin 1. c. 2. But after the time of this Synod of Carthage when the authority of the presbytery began to bee impaired it was decreed that bishops should assemble but once in the yeare Toletan 3. c. 18. So that even when Synods were most frequent the presbytery was in greatest authority it began to fail when Synods were not so often celebrated Obj. 8. For our parts though we take the keyes to be common to all that haue pastorall charge of soules in their degree yet to avoyd Perpet gov p. 320. the infinite showers of excommunication c. if every presbyter at his pleasure might excommunicate we praise the wisedome of Gods Church in suffering no inferiour to excommunicate without the Bishops consent c. Answ 1. If by the institution of Christ the administration of the keyes be common to all pastors what presumption is this for men to take upon thē to be wiser then God to change his institution The Esay 40. 13 prophet saith who hath instructed the spirit of God or taught him 2. It is not the wisdom of the Church but the ambition of Bishops that hath excluded the pastors as Diotrephes that loued to haue preeminence would not receive the brethren 3. Neither are Ioh. epist. 3. excōmunications the fewer because one by the Bishops authoritie excommunicateth but the more for there is like to be more grace and discretion in a companie of reverent and learned pastors then in one vnlearned Chancellor or Officiall and the Courts now intend their own gain therefore multiplie excommunications wheras then the profite of mens soules should be expected As though there hath not been long since complaint made of
the multiplicite of excommunications tot hodie fiunt officiales quod vix est aliquis c. There are so many excommunications now a dayes by officials that scarce any man that feareth God can liue in the world with a safe conscience VVhervpon it was directed vt caveant ab earū multiplicatione c. That they should beware of multiplying excômunications lest they be brought to contempt These are the showers of Chancelors and officials excommunications that flee faster then lightening in tempest Object 9. In our vnderstanding the Minister of the parish doth giue his consent to the petition p. 23. Ans VVhat consent call yee this when the Chancellor or Officiall sendeth his mandate and the Minister must denounce the sentence of excommunication or be suspended himselfe doe yee count this consent sufficient what is the pastor here els but the officials slaue to denounce his censures VVhat is this els but against the Apostle to be the seruantes of men But 1 Cor. 7. 21 De 7. ordin Eccles as Hierome saith non in dominatione vt servos habeas sed in ministerio liberos preachers should not be vsed as servants with indignitie but as free men in their ministrie Object 10. They intend the inabling of everie particular pastor alone to excommunicate Answ to the petition ibid. Ans Neither is it our desire that every particular Pastor should be inabled to excomunicat vntruth We giue no such power to particular pastors himself alone against the Apost rule not as Lords ouer Gods heritage As the the other is slavish so this were popelike as Hierome will saith contenti sint honore suo sciant se patres esse non dominos Let them be content with theyr owne honor and know they are fathers and not Lords Obejct 11. If the pastor ought to be ioyned in commission there would followe a world of troubles Answ ibid. Answ Neither were it fitt that everie pastor should be ioyned in commission with the Chauncelor and attend vpon his courts for that were infinite and tedious for the pastors to withdrawe them from their flocks Cyprian will saith Neque in altari meretur nominari in sacerdotum prece 1. Pet. 5. 3. Lib. 1. ep 9. qui ab altari sacerdotes avocare volunt Hce deserues not to be mentioned in the Minicters praiers that would draw him from executing his Ministery But it shall euen now appeare what our desire is Our desire is that discipline may be administred according to the rules of Gods word or as things now stand seeing there are three persons in this busines to bee respected the Bishop in his diocese the officers and Ministers of the Bishop and the severall pastors VVee would haue euery mans right reserved that all matters of instance and ciuill pleas should be still referred to the Civill Iudges but matters of office as they are called excommunication and spirituall misdemeanors to be censured by the companie of presbyters in euerie Deanrie and division assisted if it please the kings Maiestie with some graue persons of the Lay sort to be assembled monethly together or otherwise as there shall bee cause and from them if there bee any iust agrevance appeale to be made to the bishop Synods of the Bishops and Presbyters necessary with his synod of presbyters For this course to appeale and referre doubtfull matters to synods is both agreable to scriptuers and practise of the ancient Church As in Antioch when the Church was troubled about cercumcision they sent to the Apostles and Elders about that question Act. 15. 2. Thus was it decreed in the great Nicene synode that in euery prouince bishops should assemble twice in the yeare to heare the complaints of such as were excommunicate can 5. The same decree is revived Antioch c. 20. Neither had they onely provinciall synods but the bishop for the same cause had his assembly of pastors Cyprian writing to the presbyters and deacons of Carthage saith A primordio Episcopatus mei statui nibil sine consilio vestro mea privatim sententia gerere c. Since Cypr. lib. 3. epist. 10. my first entrance into my Episcopall charge I dermined to doe nothing priuately of my self without your counsell Gregorie saith lest there be any dissention among brethren c. Lib. 7. epist 110. In unum convnire sacerdotis est c It is necessarie for the Priests to meet together quem negligentia reijcit cum omnium presbyterorum consilio refutetur whom his owne negligence maketh vnworthy let him be displaced by the councell of the presbyters Turenens 2. c. 7. For this cause it was not long since decreed by a provinciall synod singulis annis saltem synodus diocesane a singulis Reformat Ratisp art 35. Episcopis celebrant Euery yeare at the least let everie Bishop celebrate a synod in his diocese Thus if this course were taken Christs institution for the censure of excommunication shall be kept the Pastors shall bee reverenced the preaching of the word furthered people with long iournies not wearied manners shall bee duely corrected And thus much is insinuated by Cyprian Epist 3. ad Cornel. A Equum est iustum ut uniuscujusque causa illic audiatur ubi est crimen admissum singulis pastoribus sit portio gregis a scripta quam regat unusquisque gubernet rationem sui actus Domino redditurus It is right and iust that every mans cause bee heard where the fault is made and to every pastor a part of the flock should be committed to bee governed VVherefore most noble King 1. seeing The conclusion excommunication should bee decreed by an assembly according to Christs rule Matth. 18. 18. 2. Neither should there be any monark or sole commander in the spirituall regiment of the Church 3. If S. Paul did not excommunicate without the Pastors 4. If all that haue authoritie to preach haue right to the keyes 5. If they which haue a ioynt power of ordination haue also of iurisdiction 6. If by the word of God a Bishop and a Priest are all one 7. If all pastorall duties equally belong to all Pastors 8. If whatsoeuer appertaineth to the edifying of the Church is appendant to the pastors office 9 If it be safer that many excōmunicate by consent then one 10. If it hath been the practise of the Church to ioyne presbyters with Bishops in the spirituall regiment of the Church 11. If all Priests indifferently under the Law did separate and restore lepers whereunto answereth excommunication and reconciliation now 12. If presbyters sate in councels and gaue voyces and are allowed by the Law imperiall to excommunicate And further seing nothing can bee obiected of any moment 1. Neither S. Pauls delivering to Sathan of Alexander and Hymeneus 2. Neither of the Incestuous yong man at Corinth 3. seeing the key of knowledge which pastors haue is not to be severed from the keye of power 4. and as well may
the having of two Churches Ab ipsa Domini voce audivimus non posse quenquam duobus Dominis servire unusquisque in eo quo vocatus est debet manere We haue heard from the Lords owne mouth No man can serue two Masters Every one ought to remaine in that to which he is called 4. Arg. The Apostle saith Who is sufficient for these things 2. Cor. 2. 16. A man is not sufficient to discharge one cure much lesse can he supply the Pastors duty in divers This reason was used in the Lateran Councell part 1. cap. 13. sub Alex. Cum unum officium vix supplere possint stipendia vendicant plurimorum When they cannot do one mans duty they challenge the stipend of many 5. Arg. The Apostle againe saith If there were any that would not worke hee should not eate 2. Thess 5. 10. But pluralists worke not in their charge from whence they are absent Ergo they should not eate of such flockes This reason is urged Oxoniens sub Stephano Si residere noluerint cum non nisi laborantibus panis dandus sit Ecclesijs per Episcopum spolientur If they will not be resident seeing bread must bee given onely to them that labour let them bee deprived 6. Arg. That use and custome which maintaineth hirelings in the Church and an unpreaching and insufficient ministery is not to be suffered in the Church for our Saviour speaketh against hirelings and mercenary Pastors Ioh. 10. 13. An hireling flieth because he is an hireling c. But the plurality of Benefices bringeth in hirelings This reason is used by Innocent 2. Ne Ecclesiae conductitijs presbyteris cōmittantur caus 22. q. 2. c. 5. Lest the church bee committed to Hirelings This complaint was made many yeares since as is extant opusc trip lib. 3. c. 6. Quando ponantur vicarij c. When hirelings are placed respect is not had to the sufficiencie of the person but to him that will serue for least wages 7. Arg. It is not fitte that some Ministers should a bound and others want that some men should bee eased others greeued as the apostle saith but that there be an equalitie 1. Cor. 8. 14. Inhonestum videtur vt alij sacerdotes habeant alij detrimentum patiantur Decr caus 16. qu. 7 c. 1. But pluralities cause many Ministers to bee in want and by this meanes keepeth them out of the Church that would doe much good Meliores qui laborare in Ecclesia c. The better sort that would labour in the Church are excluded and are forced to profane studies when as they might be an ornament to the Church Coloniens sub Adulpho med 3. c. 9. 8. Arg. S. Paul would haue the pastors to bee examples to their flocke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to bee as seales to leaue a print vpon theyr people The latine text addeth by way of exposition Exanimo to bee examples fram the heart 1. Pet. 5. 3. And Augustine therfore fitly sayeh the Ser. 40. ad fratres in cremo pastor is compared to the oliue propter vim oleae triplicem nam illuminat pascit fessa membra fovet c. oyle doth lighten feed and cherish so Prelates should illuminate by the word feed by their example foster the poore by temporall benefites One of these the Pastor may doe being absent to feed the needy but the other to feed by his example and lighten by doctrine he cannot do unlesse he be present 9. Arg. Gregory gathereth this argument against pluralities out of that place of S. Paul If the whole body were an eye where were the hearing 1. Cor. 12. 17. Sicut indecorum est ut in corpore humano alterum Distinct 89. cap. 1. membrum alterius fungatur officio c. As it is unmeet that in the body one member should do the office of another so it is hurtfull if every ministration bee not to severall persons distributed 10. Arg. VVe will now shew how this abuse of coveting after divers Churches hath beē censured by the ancient Canons 1. They are decreed to be disgraded Non licet clericum in duabus simul Ecclesijs conscribi c. qui aliter fecerint cadant de proprie gradu Chalc. c. 10. 2. They were deprived of the benefice received after the first si aliter factum qui receperit amittat Lateran 1. c. 13. 3. Et qui dederit largiendi potestate privetur ibid. The patron in this case lost his gift 4. Electio cassatur His election and admittance that had other dignities is made voyd Greg lib. 3. tit 5. c. 18 5. Si illud forte retinere contenderit alio spolietur He that contendeth to hold the first having accepted the second shall loose both Lateran sub Innocent 3. c. 29. 6. Excommunicatur nisi ad proximam revertatur Ecclesiam Chal. c. 20. He is iudged to be excommunicate that returneth not to his owne Church Obiections 1. Obiect THESE canons meane that no man should bee set over two citties or great townes not any two Churches Answ The cleane contrary is evident Episcopi non in castellis c. Bishops must not be set in small towns but presbyters should be by the Bishops ordained in villages and towns singuli tamen per singulos titulos suos but severall persons in their severall titles Anaclet distinct 80. 3. Here it is evidently expressed that the smaller towns shall be committed severally to several pastors So likewise Dionysius Ecclesias singulas singulis presbyteris dedimus wee haue graunted every Church to his proper presbyter caus 13. q. 1. c 1. Nullus presbyter duas habeat Ecclesias no presbyter must haue two Churches Alex. caus 16. qu. 7. c. 20. In duabus Ecclesijs clericus conscribi nullo modo potest A Clarke must by no means be placed in 2 Churches caus 21. q. 1. c. 1. 2. Obj. Where the maintenance of the Minister is small there it is fit the minister should unto it adioyne another Answ To this see our answer before defence of the second part of the petition art 3. 3. Obj. Why may not one man hold two or three benefices as well as one hold a Church with two or three Chappels Answ To this we haue answered likewise before defence of the second part of the Petition art 3. 4. Obj. The Canons onely spake against pluralities that are held without dispensation not otherwise Answer By these means if pluralities were lawfull by dispensation all the restraints by Canons would bee nothing else but engines to draw profits to Courts for faculties and dispensations 2. The Canons haue no power to dispense with any precept or constitution of the Scriptures as this is of Residence and attendance upon the flocks of the people 3. But the better Canons doe allow in this case no dispensation at all Greg. Decr. lib. 1. tit 6. 54. The Canon calleth concessionem per Archiepiscopum Dispensation for pluralities not good by the Canons factam frivolam
cause misiudged for the persons fault Delictum personae Reg. Iuris 37. Reg. Iuris 76. non debet in detrimentum Ecclesiae redundare 1. Enormity against Excommunication by lay persons 1. THeir first defense is that whatsoever the Chancellour doth on this case he doth it in the authority of the ordinary Answ 1. It is a question whether the Bishop himselfe the Archdeacons or any other ordinary alone haue any power to excommunicate VVe are sure that neither Scripture or example of the primitiue Church will beare them out in it Our Saviours rule is Dic Ecclesiae tell it to the Church after the contempt whereof the party is to be held as an heathen publican that is to be excoÌ„municate But never was it yet heard that one man should stand for the Church That Dic Ecclesiae in some mans constructioÌ„ should be dic Episcopo dic CaÌ„cellario dic Officiali as the Papists wrest this place dic Ecclesiae that is dic Papae dic Pontifici Romano but of this matter more shal be said in the end of this treatise Then if they haue not this power in themselues they cannot transferre it to another as the law saith Nemo potest Reg. Iuris 79. plus iuris transferre in alium quam sibi coÌ„petere dignoscatur No man can giue more to an other then hee hath himselfe As the comparison is presumptuous to compare the Bishop to the King the Chancellour to the Lord Chancellour so the case is not alike for a civill power may bee committed over to others but a spirituall power cannot be transferred but ought to bee executed in every mans person as the Apostle saith hee that hath an office let him attend upon his office Rom. 12. 7. Salomon Cant. 8. 11. 12. No substitute in duties spirituall in the Canticles sheweth the difference of the Civill and Ecclesiasticall administration Salomon gaue his vineyard to keepers but my vineyard saith Christ which is mine is alwayes before me As wee mislike that Christ should haue any vicar in earth so neither should any of Christs ministers execute their charge by their vicars S. Peter 1. Pet. 5. 2. saith Feed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the flocke which is in you that is alwayes in your sight The Canon law sayth Non potest esse Decr. Greg. lib. 5. tit 40 c. 5. Pastoris excusatio si lupus oves comedit pastor nescit It is no excuse of the shepheard if the Wolfe devoure the sheepe to say hee knowes it not It was never well with the Church since Prelates taking more upon them then in their own persons they could discharge committed their spirituall affaires to Deputies and Vicars Of this abuse Eckius a man otherwise bad enough complained in the popish Church Nostrates praelatos ordinem Apostolicum invertere c. Our Prelates invert the Apostolicke order who thinking spirituall things too heavy for them to beare doe use the helpe of Suffragans in their Pontificals of Officials in their Iudicials of Penitentiaries in absoluing sinners of Monkes in Preaching Iodocus Clictoveus in his sermons was wont thus to Hom. 2. de Stephano taunt such Adibunt per vicarios in paradysum in persona inferos Such shall by their vicars goe to heaven but in their own person to hell 3. Though the Ordinary had power to excommunicate alone and might transferre that power to another yet lay persons alone are not capable thereof For Christ when he sayd Whose sinnes yee remit are remitted whose sinnes yee retain are retained spake onely to the Apostles and Ministers Hereunto the Canons agree Indecorum est laicum esse vicarium Episcopi c. It is unfit for a lay man to be a Bishops vicar and secular â—ispel 2. c. 9 persons to iudge in the Church and a divers profession to be in one office And by the same Canon the Bishop that shall make a lay man his vicar is held to be Contemptor Canonum A contemner of the Canons But nothing is now more usuall then for lay men Civilians to be Chancellours and Vicars generall to Bishops The second defence The Chancellor Officiall Commissary decreeth the party to be excommunicate a Minister associate vnto him by exprresse authority from the Ordinary denounceth the sentence of excommunication Ans p. 22 Answ 1. This is but a new tricke and frivolous device who knoweth not the Minister assistant to the Chancellour who is for the most parte of the meanest and simplest of the Clergie is but a Cyphar he doth nothing but by his masters direction excoÌ„municateth and absolueth at his pleasure contrary to the Apostles rule to Timothy I charge thee c. that thou obserue these things without preiudice or prefering one 2 Tim. 5. 2 before another and doe nothing partially 2. By the Provincialls no sentence of Excommunication is good but in writing Linwood de senten excommun 6. sententiae latae sine specialibus literis dominorum quorum interest non ligant VVherfore this sentence of the Minister beeing not extant in writing vnder his seale and so deliuered is of no value in Law and the people vnder this colour are abused 3. It is vnlawfull for a lay Ciuilian in cases which appertayneth to correction to send out citations or to decree excommunications he must neither Investigare inquirere punire corrigere excommunicationum literas decernere And as he cannot doe it in his owne name so neither can he by the Law publish excommunications in another mans name The Law is Quod alicui suo non liceat nomine nec alieno Reg. iuris Bonif. 67. Linwood de licebit And the prouinciall is flat Ne laicus quouis exquisito colore sub suo uel alieno nomine c. that a lay person by any pretense 〈◊〉 coniug cum ex 1. vnder his owne or others name doe exercise no iurisdiction spirtual whatsoeuer And all such citations excommunications and processe are voyd not onely if the iudge bee a lay person but the Register also Thirdly they vse but the aduise and Ministrie of a wise ciuilian in decreeing who is to Ans p. 22. bee excommunicate Answ 1. If had beene to bee wished that Ecclesiasticall persons had not medled in such affaires wherein they haue no skill according to the auncient Canons Episcopus tuitionem testamentuÌ„ non suscipiat Carthag 4. 18. That the Bishop should not take vpon him the tuition of a testament Clerici ad sacrum Ministerium electi actibus saeculi renuntient Clergy-men must renounce all secular acts Auerens can 12. The Apostle saith no man that warreth entangleth 2. Tim. 2. 4 himselfe with the affaires of this life whereupon Ambrose well writeth Ecclesiasticus officium impleat quod spospondit a seculari Amb. in 2. 2. negotio alienus non enim convenit unum duplicem professionem habere a Clergie man must bee free from secular businesse for it is not fit that one should haue a
power of the keyes under the name of retayning and remitting sins Ioan. 20. 23. Therefore he that hath right to the one hath likewise to the other 2. VVhere sins upon the sufficient declaration of repentance are remitted there the censures of the Church ought to bee released Neither is it lawfull to hold the penitent long under the censures whē they haue sufficiently testified their repentance as the Apostle moveth the Corinthians to forgiue the incestuous person after he had sufficiently sorrowed hee then which 2. Cor. 2. 10 hath right to the more hath right to the lesse according to the Law cui licet quod Reg. iuris 53 est plus licet utique quod est minus If Pastors then and preachers haue power to remit sinnes in the name of Christ much more to release the temporall censures Arg. 5. To whom the power of order belongth the power also of Iurisdiction appertaineth S. Paul ioyneth them both The Pastors and Presbyters right in laying on of handes Extran Ioā tit 4. c. 5. together in Timothy 1. Tim. 5. 19. against an elder receeiue no accusation c. there is the power of iurisdiction vers 22. Lay hands suddēly on no mā there is the power of order the corrupt Extravagants will grant this proposition claues de quibus agimus in collatione sacerdotalis ordinis conferuntur the keyes whereof we entreat are conferred in the collation of Priestly order But Presbyters haue interest in conferring of orders 1. Tim. 4. 14. Despise not the gift that is in thee c. by the laying on of hands of the presbitery or Eldership Here it is evident that the Pastors and Presbyters layd on their hands together with the Apostle Some by the presbytery here understand the office of Eldership which Tymothy 1. Exposition Perpetual govern p. 78. was ordained unto but the words will not beare this sence for here is mentioned the imposition of hands 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the The place 1. Tim. 4. 14. of the Presbyters expounded 2. Exposition ibid. 249. Eldership How can the office it selfe put on hands the persons then not the office must of necessity be understood Some by the presbyters vnderstand Bishops but that can not bee for as yet in the Apostles tyme there was no distinction betweene Bishops and presbyters as it may appeare by S. Pauls description of Presbyters Pastors of old admitted to lay on hands a Bishop 1. Tim. 3. VVhich is common to the presbyters And this poynt followeth more fully to bee declared in the next argument Others say that the presbyters and Pastors 1. Exposition Ibid. p. 93. might lay hands on Timothy as well as Paul but at another tyme and to another end But S Paul saying in another place stirre vp the gifte of God which is in 2. Tim. 1. 6. the by the putting on of hands evidently sheweth that he at the same time put on hands with the presbyters for he speaketh of the same gifte in both places which was conferred vpon him by imposition of hands And further if the presbyters ioyned 4. Exposition with Paul in imposition of hands yet was it not of necessity as though S. Pauls Ibid. p. 94. hands had not beene sufficient without them to giue the holy ghost VVee answer that although it bee graunted that in respect of Pauls person who was an Apostle and had an extraordinary power and calling the imposition of hands by the presbytery was not essentially necessary yet in respect of the president and perpetuall order which was to be left to the Church of Christ it was necessary for it is not like that so wise an Apostle would els haue busied himselfe with so vnnecessary and superfluous a work in associating the Elders where he needed not But notwithstanding all these naked shiftes and deceitfull glosses this place of S. Paul is pregnant to proue the copartnership of presbyters in giuing of orders and thus was it practised by the Church afterward Carth. 4. c. 3. Omnes presbyteri qui praesentes sunt c. Let all the presbyters present lay their hands by the hand of the Bishop vpon his head that is to bee ordayned And can 24. Episcopus sine concilio Clericorum c. The Bishop must not ordayne Clarkes without a councell of his Clergie Object This Imposition of hands by the Perpet govern p. 251. presbyters was a consent rather then a consecration Answ That appeareth to be otherwise by that constitution of Vrban ordinationes factaesine communi sensu Clericorum irritae Ordinations made without the common consent Caus 12. q. 2. cap. 37. of the Clergie are voyd If the presbyters had not power and right of ordination there was no reason to make it voyd without them Ergo seeing presbyters haue a ioynt power in ordination iurisdiction is not to bee denyed vnto them Arg. 6. If both the name and office of a Bishop and presbyter by the word of God are all one then by the word of God the spirituall iurisdiction belongeth to them both But the first is true as Hierome proveth out of S. Paul Apostolus perspicuè docet eosdem esse presbyteros quos Episcopos c. The Apostle plainly teacheth that Presbbyters are the same with Bishops as Tit. 1. 5. he calleth them presbyters which vers 7. are named to bee bishops ad Evag. Bishop Iewell proveth by the Word that a Bishop and Presbyter are allone def apol p. 284. In 1. Tim. Hom. 11. 3. Reverend Bishop Iewel sheweth the same by the testimony of Hierom Chrysostome Ambrose Augustine that a Bishop and a Priest are all one Chrysostome saith Inter Episcopum Presbyterum interest ferè nihil There is almost no difference between a bishop and a Priest And then hee inferreth thus All these and more holy Fathers with S. Paul the Apostle for thus saying that a bishop and a priest are all one by M. Hardings advice must be holden for Heretickes If it be answered that the names were confounded in the Apostles but the office and functions were divers Bellar. lib. 1. de Cleric c. 25. This answer may bee easily removed for as a reverend writer telleth us The same charge and the same grace Perpetuall gover p. 203. concludeth the same function But S. Paul requireth the same graces in a Bishop and Presbyter 1. Tim. 3. Hierome sayth De Hier. Evag. Presbytero reticetur quia in Episcopo Presbyter reticetur c. There is no mention made of a Presbyter because he is contained in the name of a Bishop Ambrose saith Episcopi Presbyteri una ordinatio est c. There is one ordination of a Bishop and Presbyter but the Bishop is the first If they haue one ordination then they haue both one function by the word of God howsoever afterward the Church in pollicie hath distinguished them which was done as Hierome saith In schismatis remedium To avoyd schismes
they forbid a presbyter Benedictionem super plebem in Ecclesia fundere To pronounce benediction or blessing over the people in the Church Agathens can 30. 5. Nay it was not lawfull for the presbyter the Bishop being present either to pray or doe any sacred action vnlesse he were bid Gelas decr 8. 6. But it was too painful for the bishop to take vpon him these ministeriall functions of praying preaching celebrating the Sacraments and therfore they were content to remit these duties to the Presbyters But confirmation was appropriated vnto Bishops Disce hanc observationem ad honorem Hier. advers Luciferan esse potius sacerdotij quam legis necessitatem This observation is rather for the honour of the Preisthood then by necessity of any Law 7. But yet in Hieroms time though presbyters â—dicens â—6 17. were excluded from ordination and coÌ„firmation they enterposed themselues in the iurisdiction of the Church Nos habemus Hier. in Esa 3. senatum nostrum c. As the Romanes had their Senate so the Church had a presbitery by whose counsell all things were done Thus by litile and litle haue Bishops nibled vpon the presbyters leaving them the laborious works and taking the honors to themselues VVe desire that things onely may returne to their first institution Obiections answered 1. Obj. SAint Paul himselfe alone did deliuer Two kinds of delivering up to Satan Alexander and Hymeneus to Satan that is excommunicate them 1. Tim. 2. 20. Therfore excommunication many be decreed by one Answ 1. VVee may here vnderstand a double kind of deliuering vp to Satan Extraordinarie How S. Paul deliuered up to Satan when as satan did torment the bodies of such as were delivered vp as Satan tried Iob thus thinketh Chrisost vpon this place for like as the Apostles had then the gift of healing to lose faithful men froÌ„ the bonds of satan so had they power to giue over the obstinat to satan This power extraordinary might be executed by the Apostles Act. 5. Act. 13. alone as Peter did upon Ananias Saphira and Paul vpon these two blasphemous persons There was an odinary delivring vp to Satan by Excommunication quia diabolo traditur qui ab Ecclesiastica communione â—erbis Apost ser 98. removetur Because he is deliuered to the deuill that is remoued from the fellowship of the Church for without the Church is the diuell August This kind of delivering to Satan Paul excercised together with the Church 1. Cor. 5. 5. 2. Or rather taking this for the same kind of delivering to Satan there mentioned The Apostle is named here not as the sole but principall agent as in another place hee maketh mention only of the imposition of his hands 2. Tim 1. 6. yet the presbytery imposed hands with him 1. Tim. 4. 14. So then here the Apostle onely expresseth the act done that they were delyuered as for the maner how it was done we must haue recourse to the Apostles practise before in the Church of Corinch as Chrisostom well noteth on this place quommodo illum tradiderit audi congregatis vobis spiritu meo c. But how the Apostle delivered him heare Hom. 5. in 2 Tim. c. 1. when you are gathered together and my spirit and so he referreth vs to that place 1. Cor. 5. 2. Object There the Apostle did send his mandate and the rest did but execute it Paul Parpet gov p. 125. asked not theyr consent but tried theyr obedience For this cause did I write that I might see the proofe of you whether yee would bee obedient in all things 2. Cor. 2. Answ 1. If followeth not because the Apostle tried their obedience therefore â—dicens â—6 17. they had no power to excommunicate for they were to bee directed by the Apostle in their administring and executing of that power 2. So as they in their spirituall obedience were to forgiue where the Apostle would haue them to forgiue so there was in the Apostle a mutuall correspondence to forgiue where they did forgiue 2. Cor. 2. 10. There was then a concurrance of theyr powers in this action 3. That the Church of Corinth did concur as principall agents not as Ministers onely with the Apostle in this act of Excommunication is shewed bfore arg 3 Obj. 3. We will allow every Pastor and preacher the key of knowledge to discerne but not the key of power to excoÌ„municate and absolue Answ 1. These 2 keyes of knowledge and power though in some respect they differ Of the key of knowledge and the key of power yet in vse they ought alway bee ioyned together and in effect are the same for the key of power is the key of the kingdome of heauen giuen to Peter and the rest of the Apostles math 16. 19. I will giue thee the keyes of the kingdom of heaven soe the keye of knowledge is that wherby heauen is opened as our Saviour sayth Luc. 11. 92. Wo vnto you interpreters of the Law for you haue taken away the key of knowledge as Ambrose sheweth clauem Petri fidem esse dixerim petri per quam Ambr. set 38. caelos aperuit the key of Peter I call the faith of Peter by the which he opened the heavens 3. As then the Priest in the law did not onely discerne betweene leper and leper but did giue sentence of separation so the Pastors which haue the keyes of discerning should haue the key of excluding or receiuing who is able better to iudge then he that can discerne 4. The corrupt extravagant that brought in the disioyned vse of the keyes confesseth ad aliquid convenienter definiendum vtraque Extrav Ioan it 14. c. 5. clauis cognossendi definiendi necessaria requiritur to define any thing well both the keyes of determining and discerning are necessary Object 4 The priuate vse of the keyes in appointing offenders to forbeare for a tyme Perpet gov p. 316. the Lords table wee deny not to presbyters but not the publicke vse to exclude an impenitent person from all fellowship of the faithfull Answ 1. This distinction of the priuate and publike vse of the keyes is but an humane invention the Scripture knoweth no such difference he that hath right to the one hath interest in the other the generall commission giuen to all pastors is Whose sins yee remit are remitted Here is no Ioh. 20. 23. limitation of remitting publikly or privatly 2. it is more to separate from the sacramets then from the prayers only of the Church He then that can doe the more is inabled to doe the lesse 3. The Canons doe take those for all one Communione Sardicens can 16. 17. priuare abijcere To depriue of the communion and cast out Exterminare de Eeclesia separare a communione To thrust out of the Church and put from the Communion 5. Object If Bishops haue any further auhoritie then standeth with good reason and the
servare nec usurpare regnum sed vereri Wee haue learned to bee faitbfull to the Prince not to usurpe any kingdom but to reverence the king c. 6. They further vntruely charge the Petitioners Vutruth No such thing will ensue That povertie and lack of learning would creepe into the Clergie if their desire take place Answ p. 29. VVhereunto we answer 1. what though there be not sufficient maintenance left in some reformed Churches VVee pittie their estate and as much condemne the embeazelers of Church revenues as these censurers And it is an vncharitable speach that wee would haue our Churches reduced and made conformable to the calamitie of those places Neither is the povertie of those Churches the fruit of their reformation but of some mens couetousnes that are ready to Vntruth We would not haue our Church so reduced take any occasion to enrich themselues neither do the Petitioners urge the alteration of the ecclesiasticall state according to their platforme the Petitioners stand for the maintenance of a learned Ministerie as it may appeare by their motion of impropriations and wee say with Origen Nisi dederit oleum populus extinguetur lucerna in templo Hom. 13. in levit 2. That there are not many men brought up among them they meane in Scotland and other reformed Churches worthy of that honorable maintenance is not far from a defamation of so worthy a Church neither had that land ever more learned men both preachers and writers then are at this time The Kings own Testimony shall cleare this point There is presently a sufficient number of good men of the ministry of this kingdom How may his Maiesty take it to haue such an evill report brought up of his countrey 3. Of like truth it is that the petitioners Vntruth here called at their pleasures evill malicious ungrateful men can see nothing in the Church but defects deformities VVee neither condemne that which is good for the evill nor yet iustifiy the evill as they do together with the good that were to use too little a measure and this too large as one saith Mensura maior est quando plus donatur rebus quam merita deposcunt minor cum subtrahitur meritis Apol. pamph quod debetur 4. VVe wish also that all which professe the truth were in our condition but with S. Pauls exception Excepting these bonds our Act. 26. 29. state were most happy if this servitude under humane constitutions were removed 5. And we wish with all our hearts it were as they say That our Reverend Prelates did contayne themselues within such bounds as preserue that state from creeping to any papall corruptions But how can this be truly sayd when as the discipline of the Ecclesiasticall courts is altogether the same setting the supremacy aside which was exercised under the pope The corruption is not reformed being by an other authority maintayned the Canon saith Cum quid una via prohibetur alieni ad id alia non debet admitti That which is forbidden one way ought not to be admitted an other The corruptions of the Ecclesiasticall state as by the papall supremacy are not now practised so by his Maiesties princely authority we trust shall bee purged to whom the honour of this worke must be left not to the Bishops themselues to chaine them with such bonds 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 44 as may preserue that state from creeping to corruption 6. That there is yet remaining to Colledges Cathedrall Churches Bishops such sufficent and honorable maintenance the Ans to the Pet. p. 31. Petitioners which are vniustly traduced as impugners of the state doe therein reioyce and wish together with the continuance good employment of them Such as do prey vpon the Church tithes and inheritance and they which assent vnto them we hould guiltie of great impietie Ambrose well saith in Orat. in Aâ—xent an other case Naboth vineam non tradidit suam nos trademus Ecclesiam Christi si ille patrum haereditatem non tradidit ego tradam haereditatem Christi i. If Naboth would not forgo the inheritance of his fathers much lesse should any betray the inheritance of the Church 7. If it be admited that there were more Ans to Pet. p. 31. learned men in this kingdome then among all the Ministers of the religion in all Europe beside that doth not proue that there are no dumb unlearned Ministers in the Church 1. And where will our brethren find so many learned men if they exclude all those preachers which desire reformation whom at other times they will hardly afford the name of learning 2. And it need not to be marvailed at if England may compare in number of learned Pastors with most reformed countries though the comparison bee too large to set it alone against all Europe seeing in this one land there are more parish Churches which are occasions of learned Ministers then in all the Protestant reformed nations 4. But considering the whole number of Parishes which riseth to not so few asten thousand as we may compare for learned Ministets so we feare wee exceed them for unlearned Scotland hath not the third part of that number nor the tenth of our maintenance but there are few Churches which haue not a preaching Minister therein we wish we could compare with them 5. As this Church of England aboundeth with many learned men so it would abound much more for every learned minister wee should haue two if that course might be taken which the humble Petitioners desire but now as wee haue many bright shining lamps so there are more dim twinkling stars The third part of the land is darkened with unpreaching ministers that we may say with Origen Alij sunt quorum pars aliqua observatur ut in Revelatione percussa est tertia pars lunae alij qui penitus cadunt ut stellae à draconis cauda Tractat. 30. â—â— Mat. tractae Though the dragons taile of Rome thankes bee to God hath not smitten our starres to the ground yet a third part of our morne is obscured 8. And true it is that as our brethren say our inferiour Clergie even the thousand preachers Petitioners with their fellow labourers so dispised not the dumb idle ministers and Non-residents haue been the most effectual meanes to settle the tranquilitie of the land by inducing mens mindes unto piety towards God loyalty to their King and to use their own words as the Apostle gaue his detractors to understand that he was not inferiour to the chiefe Apostles nay that he laboured more then they all In like case we doubt not but a truth may be be averred of our selues even by our selues without any ostentation at all when it is so iniuriously impeached and troden under feet to the high dishonour of God the disgrace of his Gospell and to the slander of this most Christian Common-wealth Thus haue we answered our brethren for this matter with their owne words but much more truely without any ostentation of vanity but in the plaine declaration of verity and we say with Ambrose Non est Ambr. ser 15 in Psal 129. hoc ulla virtutum iactantia sed vita innocentis assertio aliud est dignum se praemia dicere aliud indignum iniuria It is not to boast of our vertues but to avow our innocency and one thing it is to say that wee are worthy of reward and another that we are unworthy of iniury And thus for this time haue we ended our iust plea and reply for the truth leaving the iudgement thereof to your Christian Maiesty wherein to our knovvledge we haue maintained nothing which is not consonant to the Scriptures and agreeable to the ancient practise of the primitiue Church In handling wherof we humbly craue pardon if we haue been too tedious Our intendment was not so much to confute the gain-sayers as to confirme the truth and we herein follow Cyprians counsell Semel laboravimus ne alij Ad Fortunat. semper laborarent We haue taken this paines at once to ease other of continuall paines That where they doubt they may bee resolued where they are wavering they might bee setled and wherein they haue not yet travelled they may be further informed Now to your excellent Maiesty we hartily wish the compassion of David the wisedom of Salomon the faithfulnesse and zeale of Moses both tenderly to pitty wisely to discerne and uprightly to determine these causes and controversies of the Church according to these excellent graces of Clemencie Prudencie and Piety wherewith God hath enlarged your Princely heart to the honour of Christ the comfort of his Church your Maiesties immortal renown in earth everlasting reward in Heaven FINIS
the world these humble petitioners would by no means hane presumed thus to haue thwarted your Majesties Christian judgement We for our parts wish none other reformation then your Majesties own profession hath given us hope of We thank God for your Christian iudgement and constant resolution It is our happinesse that God hath sent vs such a king not onely noble in princely birth and natiuitie but in vertue knowledge and piety as the preacher sayth Blessed art thou O Eccl. 10. 17 Land when thy King is the sonne of Nobles and such an one as Ambrose describeth the King of Ninivie ser 40. Necesse erat ut qui potentior cunctis fuerat devotior fieret universis Further may it please your Maiestie 2. Observat difference betwene the old and new Oxford doctors to understand how much these Doctors and Proctors of Oxford doe vary from the iudgement of their predecessors approving those abuses and corruptions which were even in the time of Popery condemned in a Councell held at Oxford under Stephen Langthon Arch-Bishop of Canterbury not aboue 250. yeeres since 1. There the Pastors are enioyned Consil oxoniens sub steph Vt plebes sibi commissas c. That they procure the people committed unto them to be informed with the food of Gods word otherwise canes muti iudicentur they are counted dumb dogges But these Oxford men excuse unpreaching Ministers affirming that all were not Preachers in the primitiue Church pag. 14. 2. They decreed that none should be admitted to a vicarage nisi velit c. unlesse he will be personally resident in his Church They condemne Non-residence these iustifie Non-residents pag. 17. 3. They decreed that if they which are admitted to Cures of a certain value were not resident seeing bread must not be given but to those that labour Ecclesijs suis spolientur c. should be deprived But these count it an uncharitable act yea though other provision be made for them that they which cannot labour should be removed p. 15. 4. They would haue no spirituall offices farmed under paine of suspension statuentes c. decreeing that no Archdeaconry Deanery or other Office which consisteth in meere spirituall things nulli dentur ad firmam c. be put to none to farm These count it an indifferent thing pag. 24. 5. Old Oxford men thought good that none should bee excommunicate where the fault is not apparant Nisi canonica monitione praecedente unlesse they be canonically that is thrice admonished These new Oxford men count it contempt for the which men are now excommunicate p. 23. when as they use but once to bee summoned before 6. They forbid Ne praesumant pariter iudices esse actores that they should not be both iudges and actors or promoters But these simply approving the oath ex officio p. 25. do consequently allow such proceedings for in this case the Iudge dealing Ex officio is an agent and promotor of the cause 7. They punish such Advocates qui protrahunt matrimonium malitiose c. which wittingly protract suits of marriage and such are excommunicated because by them it commeth to passe ut contra iustitiam processus causae diutius suspendatur the proceeding in the cause is longer then iustice would suspended But these take upon them to defend longsomnesse of suits in Ecclesiastical courts 8. They determine Ne Monachus vel Canonicus Ecclesiam audeat retinere ad firmam That no Monke or Canon should hold any Church to farme but these maintaine the demising of impropriate Churches to lay Farmers p. 19. which is more unlawfull 9. They thought good Vt in singulis Ecclesijs ubi parochia est diffusa duo sint vel tres presbyteri That in great parishes there should be two or three presbyters But these allow two or three parishes to one Presbyter p. 18. 10. This Councell prohibiteth Ne Clerici iurisdictiones exerceant seculares c. That Cleargy-men exercise not secular iurisdictions especially to the which the iudgement of bloud is annexed and not to bee present where the iudgement of bloud is handled But now it is an usuall thing with our brethren not onely to be present but to sit as assistants to the Iudge in matters of life and death Thus was it decreed in those superstitious times It may seeme strange that any professing purity of religion should come short of them in those duties for our righteousnesse Math. 5. Homil. 5. Exod should exceed the righteousnesse of the Scribes and Pharisees And as Origen well saith Movenda sunt castra cum Israelitis urgenda est perfectio Our brethren should haue runne before their blinde predecessors in pious proceedings not bee cast behinde them to haue moved their tents forward to Canaan not to haue looked backe to the corruptions of Aegypt Beside as our brethren haue thus 3. observat failed in the matter so they haue been much overseen in the manner of handling They haue burdened the Petitioners and others with many untrue accusations laying to their charge lewd absurd false suggestions vntrue imputations clamorous libels defamatory supplications p. 5. We are further accused to be Schismatikes p. 5. Puritans resembled to Papists Epist p. 9. Dislikers of set and stinted prayers refusers condemners of the Lords prayer such as from whom Barrow and Greenwood tooke their beginning p. 11. favourers of those which write against Princes titles p. 9. That some of us haue caused our servants to goe to plough and cart upon the feast day of Christs nativity p. 13. Men accustomed to disobedience p. 23. That we giue power to the Presbytery to excommunicate Kings that we giue the Prince not potestatem iuris but onely facti p. 29. We are also charged with undue and dishonest practise in making petition Epist p. 4. with hypocrisie Ans p. 10. with factious Sermons scurrile Pamphlets ibid. To haue the hands of Esau Epi. p. 8. The mouth of iniquity p. 31. To bee Foxes Epist p. 11. Evill malicious ungratefull men p. 30. Neither haue our brethren stayd here but they haue taken upon them also to censure others some they call busie headed strangers imputing unto them the want of manners and discretion to take upon them in a state wherein they haue nothing to doe in which words they seeme to meane some who should not be in our opinion counted strangers seeing we are all under one God and King Now may it please your Maiesty what could we doe lesse then being thus uniustly accused by a modest and true defence to deliver our selues and our brethren from these imputations being not secretly surmised but publickly and that in writing yea and in your Majesties eares suggested We doubt not but your Maiesty wil grant us equal hearing as King Agrippa sayd to Paul Act. 26. 1 thou art permitted to speake for thy self Wee presse not to offend them but being provoked defend our selues as Hierom saith Vulneratus nequaquam contra persecutorem
Idolo si in Idoleio recumbere Tertul. de corou milit alienum est à fide quid ni Idolei habitu videre c. Nothing is to be given to the Idol so neither to be taken from the Idol if to sit down in the Idol-temple be strange from the faith why not to bee seen in the Idols habit 2 That simplicity and plainnesse which Christ and the Apostles and the Fathers in the best time of the Church used is fittest and meetest for the ministers of Christ according to that From the beginning it was not so where our Saviour Mat. 19. 8. Christ teacheth us to reduce and bring things backe to their first originall But our Saviour Christ and the Apostles and the Fathers in the best and purest times of the Church had neither cap nor surplice to minister in Therfore that ancient use is fittest to be retained still That Christ and his Apostles Luc. 4. 16. had no ministring garments it appeareth Luk. 4. where our Saviour Christ entred into the Synagogue and stood up to read the minister brought him not a surplice but a book And when Paul and Barnabas entred into the Synagogue and Act. 13. 36. the Ruler sent to them to preach they stood up without any more ado P. Martyr Pet. Mart. clas 4. c. 1. is cleere for this Papists saith hee despise us because wee haue no priestly garments when Christ his Apostles had none neither So likewise Epi. ad Hooper Defence of Apol. p. 401 Walfr de exord in ca. Eccles c. 24 B. Iewel brings authorities to proue it Walafridus and others to shew that the Massing garments came in by little and little So at first men celebrated in common apparrell as certaine of the East Churches are said to doe at this day M. Fox Mart. p. 5. Fox likewise saith That in the Apostles time little regard was had of dayes or meates or apparrell c. And therefore seeing Christ used no distinction of apparell herein wee desire but to bee like our master 3. That which doth not add grace and comelinesse to the ministery of the Gospell but maketh it ridiculous is to be removed But so do the Cap and Surplice it makes the minister of the Gospell ridiculous for first it brings him in like a Popish priest Elias was known to be a 2. King 1. 8. Prophet because he went like a Prophet i. in a Prophets garment so if men would haue the people take us for Ministers of the Gospell why bee wee still apparrelled like Popish priests Secondly this kinde of white apparrell is now grown into disgrace in our Churches because none but harlots that doe penance come so attired into the congregation and therefore seeing the surplice doth not add any grace unto the Minister of the Gospell but maketh him ridiculous it is therefore cleare that it is to be removed 4 That kinde of garment which procureth scruple of conscience to divers that weare it offence to many good Christians that behold it comfort to the Papists that loue it losse to the Church of the labours of many worthy men ought not to be used But such is the surplice as daily experience teacheth Therfore it is not to be used 1. Obj. To leaue every man to his owne Answ to the Petit. p. 11. sect 3. liberty implies confusion Answ No confusion at all for if our brethren will hold them to their owne grounds if the surplice be not urged by Princely authority they may not use it for when the learned man whom they tearme T. C. had demanded why the Bishop Thomas Cartwright Synod Loud anno 1571. cap. de Decanis Doct. Whit. p. 283. in the Synod Anno 1571. had taken away the gray Amice as a garment spotted with superstition and left the surplice which had been more filthily abused in Popery the Reuerend Archbishop replies that the Bishop took it away because it was not established by any law of this land And sith herein in our mind the Bishop did well in it that they will not suffer any rite or ornament to be used in this Church but such onely as are by publike authority established and therefore as we say if they will sticke to their owne grounds if the king do not urge the surplice by law they must not use it 2. Obj. Doe not their own words import Answ to the petit p. 11. that they may bee well used so they bee not urged Answ 1. That they may be used is one thing that they may be well used is another Many things may bee tolerated which cannot be iustified 2. The consequent is not good for if they be not urged by authority then they may not bee used as before is shewed 3. Obj. What is there in the Cap or Surplice Answ ibid. that should offend any man of iudgement Bucer P. Martyr Augustine Calvin Answ Then be like our brethren take all that be offended at the surplice to bee men of no iudgement Rev. Iewel a man as of more learning so of more modestie Defence Apol p. 399. loue confesseth that there were godly learned men that refused the apparell and that they had their grounds and reasons from authoritie to do so and our present Arch. BB. professeth there were some that never received the apparell whom saith ibid. p. 400. Doct. Whit. pag. 289. he I for my part haue alwayes reverenced and do reverence not onely for their singular vertue and learning but for their modestie also Peter Martyr their own author Pet. Mart. ep 3. amico cuidam resolveth that though the surplice may bee tolerated till things become to some stay yet it were much better that it were removed I saith he writing to a friend in England thinke as you doe that these things being indifferent of themselues make not a man either good or bad but as you also thinke so I thinke it more convenient that that garment and many things of that kind cum fieri commode poterit auferuntur i. that when conveniently it may bee done they be removed in the same epistle here quoted I like well saith he if you desire that Christian religion should aspire again to chaste simple purenesse for what should all godly men more wish for and to speak of my selfe I hardly suffer my selfe to be drawn frō that simple pure use which we all long used at Strasburgh where differēce of apparell in regard of the ministrie was taken away that manner as being the plainer and especially savouring of the Apostolike Churches I haue alwayes approved above all others and I pray God that it may be long continued there and wheresoever the Church of Christ is restored it may at length be received and therfore if the matter may passe upon this worthy mans verdict we shall soone agree Hemingius shewes that the ministers Clas 3. c. 16 of the Gospell in these parts utterly refused the
canere instrumentis in animis puerorum est To vse instruments is for babes and children Itaque in ecclesijs sublatus est tantum instrumentorum vsus relictum est canere simpliciter so that our brethren thinking by these authorities to helpe their cause haue indeed cut the throat of it The Papists themselues confesse that their harmonicall musicke is much later lib. 4. Chronol p. 729. then Iustine Martyr or Augustine either Genebrand confesseth that Pope Constantine sent Organs to King Pippin anno 757. as yet unknowne to the Germanes and Frenchmen and Beza sheweth by good authorities that they were first brought in by Pope Viteliane at the soonest and Colloqu Mompelg par 2. p. 37. into France anno 878. So long the Churches of Christ stood without them and it had been well with them if they had stood so still VVherefore most noble King 1. Seing this theatricall Musicke serveth not to edification in the Church to the which all things there used should serue by the Apostles rule 2. Seeing it hindereth edification in withdrawing the minde from contemplation and pulling it down to carnall delight 3. Seeing it was a part of the Leviticall service which is now ceased in Christ 4. Seing plain voice musicke was taken to be fittest for Gods service by Christ and the Apostles and all the Fathers in the best times of the Church we most humbly entreate your maiesty that this stage-like musicke may be removed and that which is fittest for edification and best beseeming the spirituall worship of the Gospell may be retayned 12. Against the prophanation of the Lords day HErein we both consent Hee is very Answ to pet p. 12. prophane say our brethren that desireth not this from his heart Now wee heartily thanke the holy God of Heaven even for this and we pray him that hath begun this good in our brethren to encrease it to the day of Iesus Christ Indeed the sanctifying of the Sabbath Esay 58. 13 Exod. 31. 13 is it that giveth life to all religion and therefore this being once well setled all religious and Christian duties will quickly follow VVherefore O most noble King not onely we the ministers that desire reformation but both your Vniversities the Vice Chancellors Doctors and heads of houses and the rest of the learned Clergy and obedient subiects expect this at your Highnesse hands that as you haue by your most Christian proclamation give Constant. Euseb lib. 4. c. 19. Theodos Valent. c. de ferijs Carolus magn 139. K. Canutus K. Iuas in martyrol Fox p. 73. Gythcon K. of Danes ibid. p. 755. Exod. 20. 10. charge for the sanctifying of the Lords day and for restraining of idle sports and games upon it as the godly Emperours and Kings haue done before So because through the backwardnes and disorder of many brutish people that day is not yet so carefullie regarded as it should bee It will please your highnesse so soone as God shall giue opportunitie to enact it as a Law that all your Maiesties people may not onely keep a rest but a religious and holy rest upon that day VVee know your highnesse knoweth the largenesse of your gates that they be as large as your kingdom and therefore will provide by godly and wholesome lawes according to the charge of your God which is uppon you that all within your gates i. within your hignesse government and dominions shall keepe the day of the Lords rest in all the holy duties and services of it 13. That the rest upon holy dayes be not so strictly urged Argument 1. IF Saints dayes may without any offence to God bee remooved then the strict observation thereof should not be so severely urged But the first is true for some Churches reformed haue de facto taken them away as brought in by men and de iure they might so do because the keeping of such times without speciall commandement seemeth to be an observing of dayes contrary to the Apostle Gal. 4. 10. and a consecrating of them to the memory of men which should onely be obserued to the Lord Rom. 14. 6. As Ambrose well saith qui calendas Ianuarias colit peccat quoniam homini mortuo defert divinitatis obsequium he that keepeth the calends of Ianuarie sinneth because he giveth divine worship to a dead man his reason is as good against holy dayes Amb. ser 17 kept in the memory of Christian men as Pagans for divine honor should be yeelded to neither Arg. 2. There should be a diffrence made between the rest upon the Lords day and other holy dayes But now there is no difference the rest being as strictly urged upon the one day as the other Ergo. The proposition is thus proved i. The Lord himselfe maketh a difference betweene the Sabboth and other holy dayes of his own appointment for upon the passeover day it was lawfull to dresse that which they did eate Exod. 12. 16 But not so upon the Lord day Exod. 16. 2. 3. 2. the Sabboth is of the Lords institution and so precisely to be kept holy dayes are but an Ecclesiasticall constitituon and therefore not in the observation to bee made equall to the other 3. Difference to be made in the obseruatiō of the Lords day and other holy dayes the rest upon the Lords day doth simply bind in conscience as all the commandements of God doe the rest of holy dayes doth not simply bind in conscience in respect of the thing commanded but as we are bound in conscience to obey our governours in all lawfull things for there is but one lawgiuer which is able to saue and to destroy Iam. 4. 12. 4. the constitutions of the Church haue observed this difference making greater restraint of labour upon the Lords day then upon other festivals upon the Lords day all ruralia opera works of husbandrie are forbidden Cabilonens c. 18. itinerari cum caballis to travel with horse or oxen Aurelian 3. 27. to keep Fairs or Markets upon the Lords day Coloni part 9. c. 10. no courts or pleas then to be holden Tarraconens c. 4. no dansing or playes or shewes to bee used Mogunt c. 61. All these canons and many more provide onely or chiefly pro diebus dominicis for the Lords dayes Argu. 3. That liberty which God hath given to worke six daies ought not where Exod. 20. 6 there is no urgent necessity to be restrained especially where there is a necessity to labour for where necessity requireth wee deny not but a day of cessation may be enioyned upon the worke dayes as when a generall day of fast or of thanksgiving is proclaimed yet even upon these daies necessary labours are excepted But the rest of holy daies is upon no necessity yea many pore men working a crash for necessity haue been fetched to the Courts and forced to pay large fees Ergo it impugneth the liberty which God hath given and so is unlawfull as it is
urged Arg. 4. This rest upon holy daies ministreth occasion of idlenesse haunting of Alehouses unlawfull gaming which are twice so offensiue as working Men keep them as the Israelites kept holy daies They ate they drunke and rose up to play Exod. 32. 6. As Ambrose speaketh of the Gentiles feasts Vides quomodo convivia sua adornent festa annuntient sed pijs mentibus infestiora sunt Yee see how they adorne Epist 4. their feasts and proclaime their festivals offensiue to all good mindes c. Ergo this streight urging of holy daies rest as ministring occasion of evill ought to bee qualified if not abolished Arg. 5. It is more lawfull by the lawe to worke upon holy daies then for Iudges Cod. lib. 3. tit 12. leg 2 Theodes to keepe Courts and heare suits The Imperiall commandeth omnes Iudices cessent that all Iudges should cease upon the Lords day but it permitteth ut agrorum culturae inserviant that they may follow husbandry upon that day Yet for this wee cite not the Imperiall but onely to shew the difference of these two workes But upon all holy daies in terme time excepting foure viz. the Ascension Iohn Baptist All Saints and the Purification the Iudges keepe their Courts in Westminster Hall Ergo as well by the civill Law may Countrey men follow their rurall workes Arg. 6. VVe will lastly shew the practise of the Church for liberty of working upon holy daies Gregorie 1. calleth them predicatores Antichristi preachers and Prophets of Antichrist lib. 2. epist 3. decr par 3. dist 3. c. 12. qui die sabbati operari probibent which forbid to work upon saturdayes But so doe the spiritual courts prohibit to work upon that day when it falleth out to be a festivall Leo Anthenius provide onely in their constitutions for the Lords day Nec huius religiosi diei i. dominici otia relaxantes c. and prescribing the rest of this religious day yet we would not haue it spent in filthy pleasures and the law gives a reason calling the dominical daies dies festos maiestati altissimae dedicatos festiuals dedicated to the highest maiesty whereas the rest were dedicated to Saints Simon Islip Archbi of Canturburie forbiddeth upon paine of excommunication Fox Martir p. 393. that people should not abstain from labour upon certaine Saints dayes which were before consecrate to vnthriftie idlenesse Reformat Ratisp artic 20. in minorib festivitatib c. in the lesse festivals we give libertie after service done for men to go to their work Treverens sub Ioan. c. 10. usque in meridiem in festis dieb seriart volumus c. Wee wil haue mē to keep holy day till none then go to their worke Thus was it decreed in Popery when they had many blind Saints dayes which we obserue not now But as they dispensed with their lesse festivals so among Protestants the rest of the holy dayes which are the least might be released so that in time of divine service labour be forborne Obiections answered Obiect 1. VVOuld they haue men upon such dayes to go to plough and cart Answ to Petition p. 13. Answ 1. Would yee haue them go to dice tables quaffing dauncing as the common use is which is the worse wee pray you Augustine thus saith of the Iewes sabbatizing melius toto die foderent Aug. in Psal 32. par 1. quam saltarent they might better delue all the day then daunce all the day 2. And why might not men be suffered to follow their vocation upon such dayes so it bee not done with contempt of divine service as the reason is given in the Law quia non aptius alio die frumenta sulcis aut vineae scrobuli mandātur it falleth out that no day is fitter to sow corne and set vines in the same Cod. lib. 3. l. 12. leg 3. law also giveth liberty for like workes to be done upon the Lords day But therein it must giue place to Gods law Obiect 2. As some of their humor haue caused their servants to do on the feast day of Christ Answ to petit ibid. Answ This is a most untrue assertion that the petitioners or any like minded to Great vntruth them haue caused their servants to go to plough or cart upō that day 2. VVe make great difference between the holy dayes consecrated to the honour of Christ and the other which are memorials of men VVhich difference both the Imperiall and Ecclesiasticall lawes obserue Cod. lib. 3. tit 12. leg 7. all the Saints dayes are omitted onely the Lords daye with the festivals of Christ his nativitie circumcision the Epiphanie are decreed to bee holy dayes So likewise Concil Agathens c. 94. cited Caus 7. qu. 1. c. 29. VVherefore O most noble King 1. seing holy dayes of Saints might be altogether spared 2. and that difference between them and the Lords day should be observed 3 seeing poore men are forced upon necessity to labour upon such dayes 4. Idle and unthrifty persons are occasioned by such play dayes to do evill 5. seing the practise of the honorable Courts allow it 6. lawes and cannos haue decreed it It may please your most excellent Maiesty that your pore subiects be no more vexed and troubled in Ecclesiasticall courts for following their necessarie labours upon holy dayes so it be out of the time of divine service for the sustentation of their families As in time of poperie the poore Saints were troubled for the same as Isabel Tracher was persecuted for working upon an holy day William Wingraue Thomas Haukes for the like That your excellent Maiestie resolue with the Christian Emperour Constantine A nullo c presumi debet ut authoritate sua ferias condiat that none presume by their own authoritie without Gods yours to make such holy dayes to restrain all labour THE DEFENCE OF THE FIRST PART of the petition concerning Church Service ARTIC 1. Of uniformity of doctrine Obiect WHAT imputations are these c. What shamelesse suggestions as though there were no uniformity nor consent of doctrine among us Answ 1. Are our brethren so ignorant that they know not or so wilfull that they will not acknowledge how by diverse both in their preaching and writing opinions haue been taught and defended not having a smattering onely but a rank tast of Popery VVhat say you then to Popish positions Hooker lib. 1 1. p. 60. 61. these positions there is in man naturally that freedom whereby he is apte to take or refuse any particular obiect The like position the Rhemists hold it lieth in man to giue consent holpen also by grace Annot. Apoc. 3. 4. they giue not a full sufficiency or ability but an aptnesse inclination to free-will by nature to consent to any obiect There are works of supererogation that a Hook lib. 2. pag. 122. man may doe more and God approue much more then he commandeth So say the Rhemists the workes
〈◊〉 Pref. in Psal 43. names of the dayes of the weeke As Augustine thus writeth of dies Mercurij nolumus vt dicunt atque vtinaÌ„ corrigantur ne dicant We would not haue men cal it Mercury day or wednesday and I wish that order were taken that they might not so call it The very papists themselues confesse that the word Sunday is an heathenish calling And some of our best writers acknowledge that the name of Sunday the rest Fulk Rhemis annot in apoc 1. 10. had an heathenish beginning therefore were better to bee otherwise termed But passing over these lighter matters wee will first produce our reasons for a learned Ministry and then examine theirs in iustification or excuse of an unpreaching order in the Church Reasons and arguments shewing the necessity of a learned Ministry Arg. 1. THE Lord sayth by his prophet because thou hast refused knowledge I baue refused thee thow shalt be no Priest vnto mee Hos 4. 6. so sayth Gregory qui quae Dej sunt nesciunt a Deo nesciuntur they which know not the things of God are not knowen of him Pastorol par 1. c. 1. Arg. 2. Pastors and Ministers are the A learned Ministery necessary Lords stewards 1. Cor. 4. 1. but no man will appoynt an vnskilfull steward ouer his house as our Sauiour sayth who is a faithfull seruant and a wise whome his Master hath made ruler over his houshould to giue them meat in due season Math. 24. 25. Ergo ignorant unfit persoÌ„s much lesse are to be set over the Lords house Ambrose saith Si terrestrium rerum dispensatores idonei quaereÌ„di sunt quanto magis coelestiuÌ„ if fit stewards of earthily things must be sought for much more of heavenly in 1. Tim. 1. 3. Arg. 3. Hierom urgeth to this purpose that saying of our Saviour si infatuatuÌ„ est Hier. ad Heiodor sal c. if the salt loose his savour it is good for nothing but to be cast out Mat. 5. 13. Ergo ignorant ministers as unfatuate and unsavory salt should be cast out Arg. 4. Ignorance is excusable in the people my people goe into captivity because they haue no knowledge Esay 5. 13. much lesse is it to be suffered in the Minister this reason is alleadged by Leo si in laicis vix tolerabilis videtur inscitia quanto magis in ijs qui praesunt nec excusatione digna est nec venia If ignorance in lay men be intolerale much lesse in those that are set over them is it excusable or pardonable epist 22. ad Cler Constantinopol 5. That is not to bee suffered which tendeth to the ruine of faith but by an unlearned ministery faith decayeth which commeth by hearing the word preached Rom. 10. 17. thus reasoneth the Councell of Toletane 4. c. 24. let all their work be in preaching ut aedificent cunctos fidei scientiam c. that they may edifie all in the knowledge of faith 6. That should not bee permitted in the Church which giveth occasion to the destructions of mens souls But such is an unteaching ministery if the blind lead the blind both fall into the ditch Math. 15. 14. And it is as Hierome saith tanquam perforatam navim debilis gubernator regat as Hierom. ad Chromatium though an unskilfull Pilote should be set to guide a broken ship 7. S. Paul doth especially require this as an essentiall property in a minister to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 apt or able to teach 1 Tim. 3. 2. Hierom saith well Innocens absque sermone conversatio quantum exemplo prodest Hier. Ocean tantum silentio nocet An innocent conversation without teaching as it helpeth by example so it hindreth by silence And it is Origenes note upon these words of Paul wo is me if I preach not the Gospell c. propter hoc solum Tract â—3 in Math c. for this thing onely if I preach not not for conversation is this woe pronounced 8. That ought to bee declined which is sent as a punishment and iudgement upon the people But dumbe and ignorant ministers are a punishment c. as the Lord threatneh to take away the Prophet Esay 3. 2. And there shall bee like prophet like Priest Esay 24. 2. So saith Isidore as he is alleadged Aquisgran c. 25. pro malo merito plebis aufertur doctrina praedicationis Ergo c. 9. All those whom Christ sendeth are furnished with gifts accordingly Eph. 4. 8. 11. Hee hath given gifts vnto men c. some Apostles some Doctors c. Ieroboam made of the basest of his people to bee Priests of his golden calfes onely Aarons sonnes ministred to the Lord at Hierusalem 2. Chron. 13. 9. 10. VVhat shepheard will carry into the field a dogge that can not not barke for as Hierome well saith Hier. ocean latrata canum baculoque pastorum luporuÌ„ rabies deterrenda est the wolves rage the sheapheards staffe and dogges barking must asswage VVherefore seeing ignorant ministers are as dumb doggs Ieroboams Priests men of no gifts they are not sent of Christ c. 10. VVee will adioyne the consent of antiquity and decrees of Counsels that haue condemned rude and ignorant ministers Ca. Apostol 57. Episcopus aut presbyter qui negligentius c. A Bishop or presbyter that is negligent about the people and doth not instruct them in piety must be put from the Communion Valens ca. 2. pro aedificatione omnium Ecclesiarum c for the edifying of all Churches it pleaseth vs that not onely in cities but in all parishes we giue power to presbyters to preach that if the presbyter beeing sick cannot preach himselfe the homilies of the fathers be read by the Deacons Toletan 4 c. 24. Ignorantia mater c. Ignorance the mother of all errors is espcially to bee avoyded in the ministers of God who haue taken vpon them to preach to the people let such therefore know the Scriptures that all their work may consist in preaching and to edifie all in faith and manners Aquisgranens c. 13. ex Gregor praeconis officium suscepit he taketh upon him the office of a preacher whosoever commeth into the Priesthood The minister then or Priest if hee bee unskilfull of preaching what voyce can hee giue that hee is a dumbe crier Coloniens p. 4 c. 1. Officium parachorum c. the office of parish ministers consisteth in two things the dissemination of the word and administration of Discipline Obiections made in defense of an unlearned ministery answered Obiect 1. DOTH not the sufficiency of ministers Suscipere magis minus admit of his degrees Answ Doth it follow the sufficiency of ministers doth suscipere magis minus Ergo all need not preach VVee grant that there are diversities of gifts some haue lesse some greater but is it simply inferred that therfore they which haue no gifts at all should be admitted 2. Obi. Were the ministers of the Primitiue
ad verbum memoriter retenta prvnnntiant Till it appeare that the people understand that which is handled it must be opened with variety of phrase which they that repeat things word for word as they haue conned thē by hart cānot do Thus by such weak arguments as we haue seene the Confuters haue boulstered out as Mammets and men of straw the dumbe and Idoll Ministers VVee are right sorry that Oxford Doctors now under the Gospell should so much swerue in the iudgment of the truth from their predecessors in the time of Poperie who decreed much better concerning this mater then these men now write Presbyteris parochialibus districtè iniungimus c. we enioyne the presbyters of every parish to instruct the people commited to them with the word of God ne canes muti iudicentur Concil Oxoniens sub Stephan cum salubri latratu in caulis dominicis luporum spiritualium morsus non repellunt This Councell calleth them all dumbe dogges that do not instruct and preach unto their people and driue away by their wholesome doctrine the wolues VVherefore O most noble King 1. seing God refuseth them to be his ministers that The conclusion haue no knowledge 2. neither are such fit stewards over Gods house 3. they are infatuated salt 4. seing ignorāce is inexcusable in the people much more in the pastor 5. by the ignorāce of such faith decayeth 6. the destruction of many soules ensueth 7. seeing a Minister by S. Pauls description should bee apt to teach 8. and that it is a punishment sent of God to haue unskilfull shepheards 9. and all whom Christ sendeth he furnisheth with gifts 10. Seing by the canons and practise of the Church such unsufficient Ministers are condemned Seing nothing can be obiected in the contrary of any moment 1. Ob. that although there bee diverse gifts yet every pastor ought to haue them in some measure 2 Obj. neither were there any pastors in the Primitiue Church no preachers 3. neither is it a thing impossible to haue every where sufficient Pastors VVe are perswaded that your Christian Maiesty out of your Princely iudgment will in due time see the Church reformed in this point and therein follow the example of that noble Charles King of France who enacted thus providimus pro aedificatione omnium Ecclesiarum c. Wee haue provided for the edifying of all Churches that not onely in Citties but in all parishes the presbyters Synod Arelat sub Carolo caus 10 preach the word to the people that they may learne to liue well c. ARTIC 2. Of the removing or supplying of unlearned Ministers 1. Obiect HOW charitable are these men that would haue men removed out of the ministry c. Answ 1. How can the Petitioners bee counted uncharitable when they wish some charitable course to be taken for the reliefe of unsufficient Ministers Neither is it propounded simply but with a disjunction or else that they be forced to maintaine preachers according to the value of their livings c. And wee pray you how many are there to be now found that were entreated to take upon them the Ministry for want of sufficient men or that were in time past sufficient and are now decayed by age sicknesse c. are there not almost an hundred other unsufficient Ministers to one of this sort and they that are of that quality why should they not haue coadiutors as Augustine was to Valerius Eradius to Augustine Nazianzene to his Father Anysius to Acholius of Thessalonica Should the people perish for want of instruction because of their infirmitie But say it had been simply moved to haue all unsufficiēt ministers removed so they were provided for is this course uncharitable then count the Apostle uncharitable who willeth that he which laboureth not should 2. Thess 3. not eat or what think you of these ancient canons peregrini presbyteri si praedicatores sint veritatis suscipiantur sin minus ne necessaria subministrentur eis Can. apost 34. Episcopus vel presbyter c. si in pietate populum non erudit a communione segregetur si in ea socordia perseveraverit deponitur can 57. So was it also decreed in the Councell of Oxford si residere noluerint cum non nisi laborantibus panis dandus sit Ecclesijs per Episcopum spolientur Say also that they are uncharitable that thus decreed that unpreaching Ministers should not be releeved that they be put from the Communion and finally if they continue in theyr idlenes to bee deposed 2. Object How can they maintayne preachers that haue not where with to mayntayne themselues c. Answ Many vnsufficient and vnpreaching Ministers haue sufficient liuing and mayntenance and as many as wee thinke are of that sorte well provided for that wayes as are not inioying some an 100 markes some an 100. pound by the yeare some more and those might very well he charged to maintaine preachers the rest that are not able alone two or three should ioyne together to haue a preacher by course rather then the Churches shold be altogether unfurnished till better provision be made 3. Object How much better hath our Church deuised to supply the defects of some men c. by other meanes as by the frequent reading of scripture c. Answ Our brethren tell us of better supplies of these defects then by preachers To be otherwise supplied as by frequent reading of scripture by the forme of common prayer by the reading of homilies quarterly sermones for answere wherevnto wee say 1. if quarterly sermons make a good supply wee hope that weekely sermons euery Lords day afford a better how vnaduised then are our brethren to call the word seldome preached a better supply then the same diligently preached 2. Bishop Ridley is alledged to speake in commendation of the booke of common prayer neyther doe wee for the substance condemne it the times must bee considered wherin he wrote when the masse was restored in respect whereof our Leiturgy is much to be preferred His words further are these Howsoeuer in tyme past in certayn by matters and circumstances of religion your wisdome and my simplicity I grant hath a little iarred Fox Martyrol p. 1504. epist ad Hooper ex epist Rid ad Hooper Here the same Reverend Bishop giueth way to Bishop Hooper and modestly confesseth his too much stifnesse in mayntayning of some ceremonies But he was farre off from making the booke of common prayer a supply of preaching and therefore he is here very impertinently alledged 3. But what vnsauory words are these to say that the reading of homilies and of the booke of common prayer are ordinary and effectuall meanes to continue and increase the people in the true fayth 1. VVe had thought that as the word of God is the ordinary effectuall meanes to begette faith as the Apostle sheweth that faith commeth by hearing Rom 10 7. the word preached v. 14. So it had beene likewise
to provide sufficient maintenance for the Chappels as Vrbane the second tooke order in the Placentine Synod Si quae capellae sunt quae suis reditibus c. If there bee any Chappels which are not able by their revenue to maintaine the Clerkes the Rector of the mother-mother-Church shall provide both for the maintenance and Ecclesiasticall duties in the Chappels The like constitution was made Consil Oxoni sub Stephan In singulis parochialibus Ecclesijs c. In every parish church where the Parish is scattered there shall be two or three Presbyters according to the largenesse and ability of the church lest when one is sicke the ordinary duties should be withdrawne Object 3. It hath been permitted by wise and godly Magistrates that haue given way unto it c. Answ 1. If Princes haue given way by their lawes to non-residency forced through the iniquity of times to tollerate that which they could not altogether remoue that doth no more make it lawfull then for the same reason vsury should be approved because in some positiue lawes it hath been in some cases permitted 2. If it hath been in some cases and in some persons permitted and them of best desert this is no excuse for non-residency for most parsons that will and many of them of meane desert and upon small colour and occasion as it is now practised 3. Princes rather and other Magistrates civill and Ecclesiasticall haue by lawes more restrained then permitted non-residency as hath beene declared before arg 10. Obiect 4. That it is absolutely unlawfull c. neither hath beene proved or euer will c. Answ Absence from the flocke for a time upon necessary occasion is permitted both by the Scriptures and by the ancient Canons As 1. for the service of the Church as Paul saith Bring Mark with thee for he is profitable unto me to minister In what case the pastors absence is permitted for a time from his flocke 2. Tim. 4. 11. So Ambrose Paucorum dierum occupatione detentus c. being detayned ā few daies called away by the necessities of another Church I haue been absent from your Assemblies Ser. 28. Pro servitijs Ecclesiae c. A man may bee absent for the seruice of the Church as being present at Councels disputing against heretickes and such like Decret Greg. lib. 3. tit 4. cap. 13. 2. When the flock it selfe doth pursue their Pastor Si quis plebis c. If any man be absent because of the opposition of his people Antioch can 18. In this case Paul shooke off the dust of his feet against the Iewes and turned to the Gentiles Act. 13. 46. But it is not the stubburnesse of a few that should make a man leaue his flock as Augustine excellently sheweth Thou wilt say Feci omnia nihil me video profecisse c. I haue done what I could yet I profit not I would I might rest somewhere else Oh that I had the winges of a doue c. Thus men say Sed plerunque ita ligantur ut volare non possint ligantur non visco sed officio But they are bound they cannot flie not with bird lime but in duty Therefore seeing they cannot forsake their flocke let them say with the Apostle I desire to bee dissolved and be with Christ Aug. in Psal 54. It must not be then the perversnesse of some but the resistance of the whole flocke which should force a man to depart in this case 3. For healths sake the Pastor for a while may be absent as to change the aire or when he is deteyned by sicknesse as Epaphroditus was kept from the Phillippians Phil. 2. 26 27. So Gregory caused one to be restored Qui aegritudinis causa per duorum mensium spacium Ecclesiae defuit which by occasion of sickenesse had been absent two moneths Caus 7. q. 1. cap. 3. As Augustine when he was sicke removed from Hippo. Epist 56. 4. In time of persecution our Saviour alloweth to flee from one Citty to an other Mat. 10. 23. Metu hostilitatis caus 7. qu. 1. cap. 42. But doth it therefore follow if for a time upon those necessary occasions the Pastor may be absent that therefore he may upon an ambitious covetous humor and at his pleasure and that very often or continually absent him selfe Object 5. In what congruity may hee bee counted an idle non resident that is alwaies present in some part of his charge c. Ans And is it enough that a man at some time and in some part of his charge take pains what dawbing is this Then giue a man 10 or 20 Benefices for he may at some time and in some one of them doe a little duty Let us bee ashamed that professe the Gospell to use such cloakes which the Church of Rome hath rejected Later par 29. cap. 6. This is rendered as a reason why one should not haue diverse offices in diverse Churches Quia singula officia quae sunt in Ecclesijs assiduitatem exigunt personarum Euery office in the Church requireth the assiduity of the persons Colon. part 1. cap. 32. Vnus Presbyter per omnes sibi commissas Ecclesias solus nec persolvere potest c. One Presbyter cannot do all the duties in all Churches committed to him Mogant cap. 64. Vnus pluribus Ecclesijs curam impendere necessarium nequit One cannot take care for many Churches Object 6. There are no more intollerable non residents then some c. Ans That some of the Petitioners or such as favour them are intollerable Non-residents are but idle words and are worthy of no answere The Confuters shall never bee able to shew any such thing Object 7. It is impossible as church livings Vntruth Non-residents helpeth not but hinder a learned Ministerie are now allotted that non-residency should not be permitted and yet a learned ministry maintained Princes and Peeres attended upon c. Ans Non residency nourisheth an unlearned Ministry so far is it from maintaining a learned when poore Curates are constrained to serue for small stipends and as the Synod of Collen truly complayned Colouiens sub Alph. med 3 c. 9. Churches are spoiled of their due services Meliores qui laborare in Ecclesia cupiunt excluduntur They which would doe more good in the Church are excluded As though Princes and peeres were not able to maintaine Chaplens to attend upon them but such as liue of their flockes where they labour not It is ambition that draweth such to Princes Courts not any necessary service which is contrary to the Canons Sardicens cap. 8 9 10. Episcopus ambitione magis quam Deo servire si videbitur c. A Bishop rather for ambition then Gods service going to Court must bee depriued yet his Maiesty as reason is may haue to preach before him men of the best gifts without any long absence from their flockes Bernard when Pope Innocent sent for him refused to goe making Epist. 153. his
law especially enacted concerning An. 1 Eliz. cap. 12. the booke of Common praier onely punisheth such as doe not obserue it and use the rights and ceremonies therein prescribed it punisheth not such as refuse to subscribe thereunto so that the law requireth onely obedience in practise not subscription in iudgement to the booke 4. This may appeare in the equity of other lawes and statutes of this land as for the observation of lent and fasting daies and other such matters whereunto it requireth not subscription but onely execution and a faithfull subiect will be content to yeeld his observance and obedience unto many lawes whereto hee would be loth to giue his assent VVherefore seeing subscription to the booke is first against piety in that many things are there prescribed not warranted by the word 2. without any necessity seeing there is a consent in the substantiall points of faith 3. with great partiality in punishing more for ceremonies then other greater transgressions 4. against the utility of the Church in depriving the same of so many profitable men 5. preposterous enforcing by authority not perswading by argument 6. against charity in not sparing aged Ministers their wiues and children 7. contrary to the practise of the Church 8. equalizeth humane writings to Scriptures 9. disturbeth the peace of the Church 10. is against the law of the land A most happy service your Maiesty should doe unto Christ benefit to his Church contentment to your best disposed subiects to remoue this hard yoake and heavy burthen of subscription and doe herein as good Constantine did who when bils of complaint were brought unto him by the Bishops cast them into the fire and made a peace among them And as Pompey intercepting a packet of letters sent to Sertorius tending to sedition burned them And as Basilius the Emperour caused all the syngrapha and subscriptions which Photius had of the Ministers to be committed to the fire concil gener 8. Act. 8. Obiections 1. Obj. BVT it will bee objected that the most part of the parishes of this land haue subscribed already as the Bishops haue to shew in their bookes of subscription onely a few persons excepted Answ To this we haue answered before at large in the defence of the generall censure Art 3. And of the preface art 6. upon what grounds and reasons some were resolued in respect of the tyme to tolerate by subscribing that which simply they thought not fit to bee prescribed to the Church 2. Obiect This forcing of subscription hath made an vniformity in the Land and wrought great peace in the Church Answ 1. VVee haue shewed before that nothing hath bred greater variance and disturbance in the Church then this torture of subscription 2. It was such a peace as Hierome speaketh of which the Hierom. ad Theophil Patriarke of Hierusalem brought his Clergy to quod si pacem habere non potest cum fratre nisi cum subdito ostendit se non tam pacē capere quam sub occasione pacis vindictam If he cānot haue peace with his brother vnlesse he be his subject he desireth not so much peace as revenge vnder that colour And againe nihil grande est pacem voce praetendere opere destruere It is no great mater to pretend peace in word and ouerthrow it in deed so the urgers of subscription pretended peace but they intended it not but rather extinguished it of whō we say with Hieroms words Moneas illos pacē nō extorquere sed velle Tell them they should not extort peace but exhort vnto it 3. Object Wee know no subscription vrged not disagreeable to law Ans That the subscription vrged is not agreeable to law is shewed before arg 10 4. Object At Geneva they strictly tie all c. to the observatiō of their Church government c. Answ If the Church of Geneua vrge a But to nothing in controversie as our ceremonies and Discipline conformitie to that which they are able to warant by the word and haue a positiue lawe for the same that can bee no rule or president for such subscription and conformity which is not so warranted And if either they or any other Chur. shal impose subscription to that which is not grounded vpon the word wee neyther defend nor commend it Object 5. Not vrging a conformity in Church discipline is to set open the highe way to all disorder and confusion c. Answ Though it may be remembred that in the tyme of popery when they stood more vpon conformity in ceremonies then protestants doe there were 4 or 5 kinds of diverse seruices in the laud some following the vse of Sarum som of Bangor some of Lincolne others of Hereford orhers of Yorke yet we mislike not a conformity euen in externall matters But first let no thing bee vrged but that which may be warranted by the word then let our brethren call for an vniuersall conformity And wee could wish the same rule to bee kept which Gregory the 1. some time prescribed for England non pro locis res sed pro rebus loca amanda sunt ex singulis ergo quibuscunqe Ecclesijs c. Things must not be loued for the place but the place for the things therefore out of every Church chose such things as are godly religious right and these bound as it were in a bundle lay vp in English harts wee could wish likewise that for ceremonies wee followed the best reformed Churches The Defence of the third part Reasons and arguments against Plurality of Benefices 1. Arg. OVr Saviour Christ Describing a good shepheard in his owne persone sayth I am the good shephard and know myne owne and am knowen of mine Ioan. 10. 14. A good shepheard then must be conversant among his flocke as the preacher sayth Agnosce vultum pecoris tui Be deligent to know the state of they flock and take heed to the heards prov 27. 23. But so cannot they doe that haue many flockes Damasus herevpon well sayth si domini desideramus esse descipuli ipsius imitemur Damas epist 4. decret vestigia c. If wee desyre to bee the Lords disciples let vs walke in his steppes that it may bee sayd of vs I am a good she epheard and know myne owne and call them by name c. 2. Arg. A faithfull Pastor must not bee given to filthy lucre Titus 1. 7. but to haue two or mo benefices proceedeth of covetousnesse Nicen. 2. can 5. Clericus ab hoc deinceps tempore in duabus Ecclesijs non collocetur hoc enim est negotiationis turpis lucri proprium A Clergie man must not be placed in two churches for this savoureth of filthy lucre 3. Arg. S. Paul saith Let every man wherin he is called therein abide with God 1. Cor. 7. 24. But they which are called to one Church and after accept another remaine not in their first calling This reason is used by the same Councell against
double profession 2. But seing these causes as matrimoniall testamentarie decimarie are now annexed to the Episcopall iurisdiction such matters as they call of instance it is fit they bee referred to the Civilians In such cases let them not onely be advisers but iudges But as for matters of office as they are called which are meerly Ecclesiasticall wee suppose that Ministers are better able to iudge then Civilians and heerein it is not fit they should be assistants to advise much lesse iudges to determine let them containe themselues within their owne element 2. VVhereas wee are referred to the book of the perpetuall governement of the pag. 320. Church let it bee noted that there it is confessed that Iudges of the Civill law take not upon them the power of the keyes committed to the Apostles their suspensions excommunications c. they claim not by Gods law but by mans VVherefore seing it is confessed that this manner of Excommunication by lay men is humane the Petitioners request is reasonable that this abuse be reformed and such usurpers upon the keyes of the Church restrained Fourthly it is obiected If the discipline were once a foote wee should then heare tell of Ans p. 22. Lay Elders c. Answ 1. The Petitioners say nothing of Lay Elders in their Petition but that there haue been such Lay Elders in the Church which haue intermedled in the Ecclesiasticall affaires it cannot bee denied As Reverend D. Fulke confesseth Fulke ans to the Rhem. 1. Tim. ◠sect 13. out of S. Ambrose thus writing or else hee meaneth of those Elders that Saint Ambrose speaketh of upon the first verse of this chapter that were appointed onely for government not for teaching 2. Is not the like practised in the high commission for causes Ecclesiasticall wherein diverse Reverend persons of the civil state are Commissioners And let not our brethren bee so hot against Lay Elders seeing I hope they will not deny but that they may haue voices in Sinods And what greater inconvenience is it for lay men to bee assistants in Ecclesiasticall affaires then for Clergie Of lay Elders men to interpose themselues in Civill and why might not as well Civill persons if it so pleased the state be of the Convocation house as Ecclesiasticall of the parliament as it was practised in K. Henry the 8. his Fox p. 1182 raigne when that worthy Lord Crumwell was made vicegerent in matters Ecclesiasticall and was himselfe present in the assemblies and at the disputations of the Bishops 3. Yet are wee far from making him a Clergie man as the Confuters a little before confessed though they haue soone forgot themselues of Civilians in these words A chancellour or a commissary is not a lay man in this case And yet there is a great differēce between these lay Elders which are but assistants in the presbytery with others theirs who are sole agents and principals in Ecclesiasticall Courts And therefore we may retort the Confuters saying upon their own heads that they reproue others for speaking for Lay Elders and allow the same themselues But there is a principle in the Law Quod semel Reg. iuris 21. placuit iterum displicere non potest That with once did please cannot againe displease And Hierome could haue told them perdit Hieron Ocean authoritatē dicendi cujus sermo opere destruitur He looseth the authority of teaching that overthroweth his words by his works Of Excommunication for trifles THE excuse is that men are not excommunicated for trifles but for their contempt Ans p. 23. Answ Indeed according to our Saviour Christs rule hee that heareth not the Church Mat. 18. 18 must bee held as an heathen and publicane But it is not yet proved that the officiall and his Register make the Church neither shall our brethren bee ever able to shew it 2. It is true that the letters of Excommunication presuppose a contumacy and contempt preceding But he is not contumacious which at the first monition appeareth not upon every cause pretended as it may appeare by these reasons taken out of the Canons 1. First no man should bee excommunicate before the offence bee proved against him nemo Episcopus aliquem excommunicet priusquam causa probetur caus 2. qu. 1. c. 11. But his contumacy is not proued who vpon the first citation appeareth not for he may be ignorant of it or otherwise necessarily letted Ergo such an one is not to bee excommunicate 2. Such onely are to bee excommunicated as are otherwise incorrigible as by Christs rule he must be taken as an heathen and publican that refuseth to heare the adomonition of one of two lastly of the Church Anathema non debet imponi nisi illi qui aliter non potuerit corrigi Anathema ought not to bee imposed but vpon him that can not otherwise bee amended Concil Meldens c. 56. Excommunicatio non infligenda est nisi his qui aliter corrigi noluerint Excōmunication must be inflicted upon such as cannot otherwise bee corrected Coloniens par 13. c. 4. But they which once cited appeare not are not straight way incorrigible Ergo. c. 3. Excommunication should be onely inflicted for criminall offences Non nisi pro mortali debet imponi crimine Meldens ibid. Excommunicationis sententiae ob criminales tantum causas easque valdè graves lethales feruntur Augustans c. 33. As the Apostle bideth an heretike to be after once or twice admonition reiected Tit. 3. 10 As likwise the Law of the Land awardeth the writ de excōmunicato capiendo to take place onely when the Excommunication proceedeth vpon contempt of some originall matter of criminall offencee as of heresie refusing to come to the Church Incontinency vsury Simony Periury Idolatry But euery absence vpon the first citation proceedeth not of any such contempte VVherfore a man ought not to bee excommunicate for the fees of the court or Cans 23. q. 4. c. 27 such like Pro vindicta propriae iniuriae c. To bee revenged for your owne wrong you haue giuen sentence of Anathema which is against the Cannons penitus interdicimus we forbid that for covetousnes sake none dare to excommunicate any Lateranens sub innocent 3. c. 49. 4. The Canons allow that a man should bee twice or thrice cited before hee bee excōmunicate secunda vel tertia admonitione interposita excōmunicationis sentetia procedat Caus 24. 3. 15. Neither should the first citation be peremptory diem peremptorium ad primam citationem non statuendum especially Lateranens sub Alexan p. 3. c. 5. for Ecclesiasticall matters but upon great urgent necessity S. Paul alloweth a manifest heretick two admonitions before he be reiected Much more where the offence is not manifest a canonicall that is thrice admonition should be used according to the constitution of Oxford nemo excommunicationem promulget c. No man shall denounce Excommunication where the excesse is not
manifest but Canonicall monition going before The manner is that the apparitor cannot personally cite the party to be summoned hee useth to leaue word at his house if he come not at the day he is forthwith as contumacious excommunicate Heerein a double errour is committed for if a man never appeared in the cause before the iudge he cannot bee cited at his house unlesse he can not be personally apprehended and againe he that is not personally cited is not verè but interpretative Linwood de iudic c. item vers decernimus ibid. v. personaliter contumax in the iudgement of the sounder Canonists VVherefore it is evident by these reasons that Excommunication goeth forth often for trifles 12 peny matters not for contumacy or contempt 5. If Excommunication bee sent forth onely for contempt where the originall is but a trifle and a twelue penny matter then what needed all those cauteles by Councels ne quenquam pro parvis levibus causis c. that none should bee excommunicate for small or trifling matters Aur. 3. c. 2. Vormatiens c. 13. Avernens as it is cited caus 11. q. 3. c. 42. for by this evasion there shall be no trifling matters at all but the pretence and colour of contempt shall countenance excommunication VVherefore the request of the Petitioners is agreable to the Scriptures and Canons that none be excommunicate for trifles The 2. Enormity against Excommunication without the consent of the Pastors Reasons and arguments to proue that Excommunication ought not to proceed from one alone but by the ioynt advise of the presbyters Pastors 1. EXcommunication should bee exercised by the Church that is an assemble math 18. 11. tell the Church c. If he will not heare the Church let him bee as an heathen and publicane Origene vpon these words saith tertio coreptionem mandat ad Ecclesiam deferendam c. In the third place he will haue the correction brought to the Church In the second he will haue two or three witnesses to bee vsed So Chrisostome vnderstandeth Episcopos praesidentes Ecclesiae The Bishops or Pastors and presidents or governors of the Church in Mat. 18. But one or two make not a Church for this were a preposterous course to proceed from one to two or three then to go back agayn to one Hierome writeth well concerning Iohn Hieron pammach Patriarke of Hierusalem An tu solus Ecclesia es qui te offenderit a Christo excluditur tibi soli licet Ecclesiae iura calcare tu quicquid feceris norma doctrinae est Are you alone the Church that whosoever offendeth you is excluded from Christ is it lawfull onely for you to tread under foote the rights of the Church whatsoever you do is it a rule of doctrine Ergo one man not being the Church cannot excommunicate 2. The government of the civill and Ecclesiasticall state are unlike c. But yee sha not be so Lu. 22. 25. But they rule alone as Monarchs The Kings of the Gentiles reign over them Ergo Bishops or other officers of the Church ought not to governe alone There ought ro be no Monarchy in the spirituall regiment of the visible Chur. as Monarchs in the Church and so not excommunicate alone This place is urged by a learned VVriter against a monarchy in the visible Church Quid apertius nisi expectetis ut locum proferamus ubi dixit apertè vos monarchae Ecclesiae esse non debetis What could bee sayd more plainly D. Sutcliffe l. 1. de opt Reip. statu cap. 7. unlesse you would haue us bring forth a place where Christ should say in plaine tearmes Yee shall not be Monarches of the Church As there ought not then to be a Monarch over the universall Church so by the same reason neither should there be any Ecclesiasticall Monarch over a Province or Diocesse Arg. 3. If S. Paul who had Apostolicall power would not excommunicate the incestuous person amongst the Corinthians without the consent of the Pastors and spirituall governours much lesse ought any Bishop Archdeacon c. do so now But the first is evident that S. Paul excōmunicateth together with the Pastors of Corinth the Apostle sent not onely his mandate to the Corinthians for them to execute but that the power and right of excommunication was ioyntly with the Apostle in the Pastors of Corinth as it may appeare by these reasons Ergo. 1. The Apostle rebuketh them for that they had not put him from them already before he had written to them vers 2. 2. They which had power to reconcile had power also to excommunicate For Eiusdem est ligare soluere It belongeth to the same to binde and to loose But the Pastors of Corinth haue power to reconcile 2. Cor. 2. 10. To whom you forgiue any thing I forgiue also c. 3. It is not like that the Church of Corinth had no power to excommunicate without the Apostle for then should they haue wanted a principall poynt of discipline when the Apostle was absent in remote places from them 4. The words of the Apostle doe evidently giue unto them the iudgement of Excommunication Doe yee not iudge them that are within 1. Cor. 5. 12. Vpon the which words Augustine thus writeth Aug. hom 50. c. 12. ut citatur caus 2. q. 1. ◠1◠Quibus verbis satis ostendit non temere aut quommodo libet c. By which words hee sufficiently sheweth that not rashly or howsoever but by iudgement the evill are to be removed from the communion of the Church Arg. 4. All that haue authority to preach haue power to binde and loose as the Apostle saith Wee are the sweet savour of Christ in them that are saved and in them that perish 2. Cor. 2. 16. Our Saviour giveth one generall commission to his Apostles and all faithfull Pastors their successours Whosoever sinnes yee remit they are remitted Ambrose saith Remittuntur peccata per Dei De Cain Abel l. 2. cap. 4. verbum cujus Leuites interpres executor est Sinnes are remitted by the word of God whereof the Minister is the interpreter and executor Basil saith Confession of sinnes must necessarily he made to them to whom the dispensation of the mysteries of God is committed Our English confession saith Seeing In regal contractioribus q. 288. Horn ser 11. one manner of word is given to all and one onely key belongeth to all wee say there is but one onely power of all ministers as concerning opening and shutting But all pastors haue authority to preach Ergo to binde and loose and consequently to excommunicate It will be answered that there are two kinds of administratiō of the keys a spirirituall in remitting retayning of sins externall in releasing the outward censures of the Church The first belongeth to all Pastors and the preachers of the Church but not the other Answ 1. Our Saviour Christ comprehendeth the whole
the publick use of the keyes be committed to Pastors as the private 5. And seeing presbyters in citties haue dealt with the censures the Pastors of the country should not be excluded 6. Neither is the frequenting of Synods any hinderance to the Ecclesiasticall presbytery 7. 8. 9. Nor any other inconvenience need to be feared VVe trust your Maiesty will follow the example of David to distribute the offices indifferently among the sonnes of Aaron 1. Chronicl 24. 4. that a Theodoret. lib. 5. c. 37. few onely haue not the preeminence and the rest bee despised Theodosius the Emperour when hee was excommunicate a levi homuncione of a light cockbrain fellow because hee granted not the thing which he requested would not enter into the Church before hee had been of the same party absolued As we condemne the malepartnesse of the Priest no such authority beeing giuen to any one in the world to censure Kings so thus far wee wish that good Emperour to be followed that the censures of the church may be reverēced being first restored to the originall institution We aske nothing but what your Maiesty hath given hope of that discipline 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 43. B. Bilson p. 320. Perpet gov be preserved in puritie according to the word and which some of the greatest opposites to this cause haue granted We take the power of the keys to be common to al that haue pastorall charge of soules in their degree And so wee conclude this matter with that sentence of Hierom which wee desire our reverend Bishops to think uppon sicut presbyteri c. as presbyters know that by the custome of the Church they are made subiect to him that is set over them ita Episcopi se noverint magis consuetudine quam dispensationis dominicae veritate presbyteris esse maiores in commune debere Ecclesiam regere So let Bishops know that rather by custome then any divine dispensation they are greater then presbyters and ought to governe the Church in common in 1. c. ad Titum citatur distinct 95. c. 5 And Hierome againe saith Episcopi sacerdotes se esse noverint non dominos honorent Clericos quasi Clericos ut ipsis a clericis quasi Episcopis honos deferatur scitum est illud oratoris Bomitij cur ego te habeam ut principem cum me non habeas ut senatorem If Bisbops will be counted as chiefe and principall they must admit their Pastors to bee as Senators and of their Councell Hierom. ad Nepotian 4. Against extorting of unreasonable fees Obj. 1. There are severe lawes made already in that behalfe p. 24. Answ Notwithstanding the severe canons provided against the extorting of unreasonable fees who knoweth not what intollerable exactions are used in Ecclesiasticall Courts The time was when the Cod. lib. 9. tit 27. Leg. 3. Gratian. Iudge ought to take nothing for his sentence when nothing was to be exacted of the innocent party Colon. p. 13. c. 7. speciem aequitatis non habet quod ab Innocentibus absolutis quippiam expensarum nomine exegatur when nothing was to bee taken of the poorer sort a pauperibus non valentibus solvere nihil recipiatur append Basil c. 10. It is not aboue 250. yeares since when this order was taken by Iohn Stratford of Canterbury Liuwood de censen c. Saeva that ministers should pay for their letters of orders but 6 pence for their letters of institution but 12 pence It hath bin decreed that none should exact ultra statuta Caus 16. q. 1. c. 62. leo Extr. com l. 3. tit 10. c. 1. patrum beyond the rates appointed and should take lesse then the custome not more But how the world is changed who can be ignorant what large fees are payed for sentence innocents not spared the pore not pittied for probates of testaments double required to that which the statute aloweth for acquittances Executors some ten some twenty yeares after are forced to pay some forty some fifty Shillings some more Letters of institution are growen from twenty Shillings in the beginning of Queen Elizabeths reigne to foure or fiue pound Letters of orders taxed in many places after the same rate Archdeacons in their visitation haue exacted twelue pence sixteen pence yea two Shillings for the article books not much more aboue three pence And not long since when the fifth of August was commanded to be solemnised for the Kings deliverance in some dioceses the Church-wardens were urged to pay twenty pence for copies of the letters It were too long to reckon up al the exorbitant courses of these Ecclesiasticall courts and officers which since the canon made in the convocation anno 1597. haue been more intollerable then before and seing convocation canons are no more regarded wee desire that their exactions may be restrayned by parliament statutes that some of the ancient lawes may bee revived against such as either the law of Theodosius to be punished fourefould or the decree of Innocent the 3. Extorta restitu it Cod. lib. 9. tit 27. l. 6. tantundem pauperibus eroget to restore what is exacted and to giue so much to the poore or of Benedict the 12. that they pay twice so much within two moneths or Decr. Greg. lib. 3. c. 49. c. 8. Extrav com lib. 3. tit 10 c. 1. can 24. els be suspended from their office or the decree of the 8. generall Councell concerning such enormities aut corrigatur aut deponatur that if they bee not amended they should be deposed 5. Of farming of iurisdiction Censure IT is of it selfe a matter indifferent neither good nor evill but as it is used p. 24. Answ And doe our brethren hold the farming of Ecclesiasticall Iurisdiction to be so indifferent a thing How is it possible when some Chancellours and officials pay 20. some 30. some 50 poūd yearly for their place registers some an hundred some 200 pound some more but that they should extort in their office and by unreasonable and intollerable exactions make up their hard rents Is this thing neither good nor evill VVe wonder that men professing the Gospell should bee thus besotted and blinded seeing the papall Hierarchie hath detested such corruptions Lateranens par 1. c. 15. quidam pro certae pecuniae quantitate jurisdictionem Episcopalem exercent qui de caetero praesumpserit sic facere officio suo privetur Episcopus conferendi hoc officiū potestatē amitttat both the officer that farmeth his office shall bee deprived and the Bishop loose the gift So was it also decreed Coloniens sub Adulph med 3. c. 3. Non licet praelatis officia sua pro pecunia alicui committere that no prelates should let out their offices for mony 6. Of the restraint of marriage at certaine times Obiect IT is falsely called a popish canon it was anciently used in the Church Laodicen c. 52. and being rightly used is commendable c. Ans to
non residencie excommunication by Chancelors officials by the scriptuers If they cannot what are they els but mens traditions And it is acknowledged Perpet gov p. 320. that this last is challenged not by Gods law but by mans How say our brethren then is it not an humane tradition this hiding of the disease tendeth not to healing but to Lib. de dile c. 5. further hurt Nolens se esse reum addit ad reatum excusando ignorat non se poenam removere sed veniam He that will not be guilty increaseth his guilt and by excusing himselfe procureth 〈◊〉 pardon but punishment 5. Cens Are we the men that are addicted to our own quiet credit and commodity Ans to petit p. 27. Answ VVho seek their quiet in the vvorld more then idle ministers that either do not or cannot preach vvho their credit more then they that seeke to haue preheminence aboue their brethren vvho their profit more then they that heape living to living benefice to benefice dignity to dignity Are not they the men that take upon them to bee proctors and patrons for all these VVee charge them not to put out their money to usurie their multiplicity of livings will make them rich enough without it their labours by preaching and writing against the common adversaie we dispraise not but wish the one were more and the other in many to better edifying Neither are their brethren the Petitioners inferior in any of these travels But this wee dislike that our bretheren should thinke by their labours to colour and countenance these corruptions This were as Hierome saith Rem medecinae vulnus Ad Demetr facere remedium animae venenum To make a wound with a medecine and turne the remedie of the soule into a maladie 6. Cens It is obiected That the desire of the Petitioners doth not suit with the state of a monarchy whereunto our answer briefly is this First to enforce this conclusion the confuters Vntruth diverse produce false and slanderous premises as that we would haue the king confined within the limits of some particular parish that they giue vnto the presbyters power to Answ to pet p. 29. censure euioyne penance excommunicate the king and where there is cause to proceed against him as a tyrant that they denie appeales to the prince would draw all causes to be Ecclesiasticall that they allow the magistrate Non potestatem iuris sed facti 1. The Petitioners utterly renounce all these uncharitable imputations they are further off from making all causes Ecclesiasticall then the Bishops and their officers for they think that actions matrimoniall decimarie testamentary de jure belong to the deciding of the civill Magistrate which now de facto are appropriated to the Ecclesiastical courts 2. Not presbyters but Bishops haue taken upon them to censure and excommunicate Kings as Odo suspended King Edwine the Bishop of London Elie VVinchester Hereford Fox p. 151. Fox p. 251. interdicted K. Iohn and the whole Realme they were the Bishops not presbyters that iutted with and iostled their Kings Anselme opposed himselfe against William Rufus Becket against K. Henry the 2. Ste. Langhton against K. Iohn Rob. Winchelsey against Edward the 1. Thomas Arundel against Rich. the 2. And few Archbishops we finde saith M. Eox with whom kings haue not bad some quarrels or Fox 395. other But as for the Petitioners concerning the censuring of Kings we assent unto their determination that thus write Si quis vetus novum Testamentum gestaque reuolverit patenter inveniet quod aut minime aut difficulter possint reges imperatores excommunicari admoneri possunt increpari argui a discretis viris c. If a man turn over the old new Testamēt Epist. Leodiens Eccles Cont. Pasch he shall apparantly said that none at all or very hardly Kings and Emperours can bee excommunicate they may be admonished rebuked by discreet men c. And they add further Hildebrandus papa primus levavit sacerdotalem lanceam contra diadema regum The Pope a Bishop not the presbyters did first lift up the Priestly launce against the Kingly crown If in some places some heady men haue presumed without warrant it ought not to preiudice neither us nor our cause But as Ambrose saith the example of such Non excusationi obtenditur sed cautioni proponitur should not be pretended to imitate but propounded to take heed Secondly would our brethren haue the The Ecclesiasticall state in earth not Monarchical state of the Church Monarchicall by this colour to make the Ecclesiasticall and Civill state suteable when there was but one Emperour ambitious policie brought in one supreame Bishop the Pope that tooke upon him to be chiefe over all Bishops There is great difference between the Church and the Kingdom their regiment cannot be alike Our Saviour himselfe sheweth a difference The Luc. 22. 23. Kings of the Gentiles reigne over them c. but yee shall not be so Christ would haue no Monarks and sole commanders in his Church as the Kings were among the Gentiles Do not our learned writers maintaine against Bellarmine that the policie of the Church Quam D. Sutcliffe l. 1. de pont Rom. c. 5. proxime accedere c. doth come most neere to an Aristocraticall estate not a Monarchicall And in this manner was the Church governed at the beginning as Hierome witnesseth communi presbyterorum consilio by the common In Tit. 1. counsell of presbyters Thirdly yet shall it appeare that the regiment and Discipline of the Church which the Petitioners moue is much more suteable to the state of a Monarchie then the Episcopall Hierarchie 1. VVee acknowledge no other Monarch both in Civill and Ecclesiasticall causes but the kings Maiesty there need not to be any other Prince or chiefe of the Bishops but the King 2. the civill state though it be Monarchicall in the head yet it is not throughout in the members The King first hath his honorable state of Councellors all of equall authority to that may answer for Ecclesiasticall matters a Synode of Bishops then in every shire there are worship full knights and Squires in commission for the peace were it not a confused The presbyter of Pastors proued suteable to the state estate that there should bee but one Iustice in a shire as now there is but one Chancellor or Archdeacon How much more suteable were it if every Deanery and division had their assembly and reverent learned Pastors for the administration of discipline then one ignorant Civilian or some other ordinary substituted person VVee appeale now to all religious politike statesmen whether this form of Ecclesiasticall government were not much more fitting to the Commonwealth then that which now is used VVherefore the Confuters are too blame to charge the Petitioners and their requests as not suteable to the state VVe say with Ambrose Didicimus omnes fidem proprio regi