An Assertion For true and Christian Church-Policie Wherein certaine politike obiections made against the planting of Pastours and Elders in every Con gregation are sufficientlie aunswered And wherein also sundrie projectes are set downe how the Discipline by Pastors Elders may be planted without any derogation to the Kings Royal prerogatiue any indignitie to the three Estates in Parleament or any greater alteration of the laudable Lawes Statutes or Customes of the Realme then may well be made without damage to the people 1604. An assertion for true Christian Church-Policie Wherein certeine politike obiections made against the plāting of Pastors and Elders in every Congregation are sufficientlie answered And wherein also sundrie proiectes are set downe howe the Discipline by Pastours and Elders may be planted without any derogation to the Kings Royall prerogative c. Admonition THe reason that moueth vs not to like of this platforme of Pag. 77. gouerment is that when we on the one part consider the things that are required to be redressed on the other the state of our countrey people and common weale we see euidently that to plant those things in this Church will draw with it so many and so great alterations of the state of gouerment and of the lawes as the attēpting therof might bring rather the ouerthrow of the Gospell among vs then the end that is desired Assertion The benefit of all exceptions and advantages to the invalidity vncertainty imperfections infufficiēcy of this admonitory bill matters therein conteyned alwayes saued for aunswere to so much as concerneth this clause euerie other clause and article of the bill hereafter following and without that that there is any matter or thing in the same bill or admonition materiall to be aunswered vnto and not herein or hereby sufficiently answered confessed avoyded traversed deemed is true in such manner and forme as in the same is set forth and declared the defendant is ready to aver maintayne and proue his aunswere as shall please the King to award and to commaund And therefore hee most humbly beseecheth the King if it please the King that he haue found favour in his sight that his exceptions may be admitted and reade and that his counsel learned in the law may be heard and suffered to speake This platforme of gouerment intended Booke of com pray tit commination Homil. 2. part of the right vse of the Church Admo pag. whitgift pag. 654. M. Nowell in his cathe M. Calvin M. Iunius looke Petic to her excellent Maie pag. 11. by the admonitor not to bee liked of in this place is that platforme of Church gouernement by Pastours and Elders which the booke of common Prayer the doctrine of the Church of Englande doe highlie commande and which he him self Mr. D. Whitgift now Lord Archbishop of Canturbury verie manie other c reuerend Diuines of our age doe publickely confesse in their writings to haue bene practised by the Apostles and primitiue Church From whence it followeth that the gouerment of the church by Archbishops Bishops Suffraganes Archdeacons Deacons Chancelours Commissaries and Officialls now already planted and liked of was not practised by the Apostles and primitiue Church And therefore for my part I can not but marueile that a disciple of the Apostles doctrine and a successor in the Apostles Chayre should bee drawne by humane reasons not to like of the Apostles gouerment nor to tread in the steps of the primitiue church For seeing the same is acknowledged by himselfe to bee the first way to be the old and ancient way as being the Apostles way why should wee not Iere. 6. 16. walke therein as in the onelie good and perfect way The reuerend Bishops will not deny that the Apostles and primitiue Church for their manner of gouerment had the mind of Christ and that we should follow the Apostles as hauing them for examples because they were the followers of Christ Againe they can not but graunt that the manner of gouerment practised by the Apostles primitiue church is written within the booke of the couenants of grace All which notwithstanding wee see in this place that from the new Testamēt from the articles of grace from the law from the testimony from the example of the Apostles and from the mind of Christ we are addressed and turned ouer to our state of gouerment to our countrey to our people to our common weale and to our lawes But this turning of deuises shall it not be esteemed as the potters Isaiah 29 16. clay But saith he to plant those things in this church which are required to bee redressed might bring rather the ouerthrow of the Gospell then the end that is desired Indeed say I if this might be as soone proued as it was soone said the case might haue gone well with him But this parable is so darke that vnlesse it be opened there is no light at all to be seene in it For hee well knew that in steed of the gouerment practised by the Apostles and primitiue church the iurisdiction of Archbishops Bishops Suffraganes Deacons Archdeacons Chancelours Commissaries and Officials is already planted in this church And he was not ignorant also that the same iurisdiction onely and none other is required to be redressed Now then if request be made that this manner of gouerment bee redressed how can it euidently be seene that to plant that maner of gouerment might bring rather the ouerthrowe of the Gospell then the end that is desired But it may be that hee ment more lightsomely then he spake Yea let it be that he intended thus viz. to vnplant that which is now planted and to plant those things which are yet vnplanted by reason of many and great alterations might bring rather an ouerthrow of the Gospell then the end that is desired well I say be it so that he thus ment How is this thing euidently seene or how can it euidently be proued The best sight that the seruant of Christ can haue is faith For Faith is an euidence of thinges which are not seene Heb. 11. This ouerthrow then of the Gospell not being seene with his bodily eyes must needes be intended to haue bene seene with the eyes of his faith But where is that word of Christ wherevpon the eyes of his faith were fixed If then hee hold no word of faith then of necessitie was his euident sight but an euident fancie And in deed what else could it be For what other thing is there desired to bee planted in this church but onely the Apostolicall gouernement of Christ And what other Gospell could hee euidently see that might bee ouerthrowne by holding foorth this scepter but onlie the Apostolicall doctrine of Christ A merveylous strange and vnkind sight I trow to be seene that the Apostolicall gouerment could no sooner be planted but that the Apostolicall doctrine must needs be rooted vp That Christ by his owne scepter were not
or condemned by forrein power or by forren lawes There shall no husbandrie no clothing no handicraft no mariner no marchaÌ„dize no lawes of the land no maner of good learning whatsoeuer in Schoole Colledge or Vniversitie bee decreased or laid aside Wherfore the Admonitor toying neuer so much how so euer he hath made his flourish cast about with his May bees his I feare his I pray God his yfes his andes howsoeuer I say it pleased him to trifle with these gew gawes yet shall none euer be able to proue by anie proofes dravvne from the holy Scripture or humane reason that anie hinderance in dignitie or incumbrance can euer betide our Nobles our Commons the state of our Countrey people lawes or common Weale if the state of church-gouermeÌ„t were translated from Archbishops Bishops Archdeacons Chancelours CoÌ„missaries and Officialls which are officers in the house of God onelie according to the commaundements and traditions of men vnto the gouernment practised by the Apostles and primitiue Church which they can not denie but must coÌ„fesse to haue bene according to the holy pleasure of God Nay our Nobles and our commons are most assured to be so farre from being endamaged or loosing ought hereby as herby they shall purchase that vnto them selues which neuer yet any oppugner of so good and holy a cause could attayne vnto Namely they shall seale vp vnto their owne soules infallible testimonies of good and sincere consciences testimonies I saye of their fidelities vnto God testimonies of their allegiance vnto him by whom they haue bene redeemed and testimonies of loue and compassion vnto the whole church of God Nay further our coÌ„mons shal be so farre from bringing anie damage vpon them selues as they shall marvelouslie benefit them selues First by purchasing vnto themselues a large immunitie from manie foule and great greeuances and exactions of money imposed leuied vpon them by officers and deputies of Archbishops Bishops Archdeacons c. Secondlie by hauing the Lord Christ whose cause they vndertake and whose glorie they advance to be a friend vnto their friends and an enemie vnto their enemies And if our Nobles and our Commons be all hushed if they be all at sleepe at peace and at rest we may cast away all feare and be past all doubt that the King can not but holily recreate and solace him selfe and that his gray haires when soeuer they shall come shall neuer be brought to the graue in sorrow but in a good perfect age and peace But happelie it may be replied that Pag. â—9 some of our Nobles and most of our commons be so backwardlie affected Pag. 79. to the trueth of Religion as that rather they would turne head vpon the Gospell then brooke an alteration of Archiepiscopall Episcopal and Archidiaconall Church gouerment In deed if a reformation of the state of the Cleargie were attempted by anie other meanes then by publicke tractation and coÌ„sent of ParleameÌ„t I could not but leane vnto this opinion that the attempting thereof might bring an overthrow to the attempters Because the same attempt should be dishonorable to the name of God as being contrarie to the forme of doctrine receiued But since thinges amisse are required to be redressed by the King and Parleament alone this obiection is altogether vaine and frivolous and is alreadie sufficientlie convinced by that peaceable agreement betweene Nobles and Commons before remembred But let vs wade a litle deeper and search a litle more narrowlie into euery vaine creeke and corner of this supposition And let vs see by what maner of persons this pretensed ouerthrow of the Gospell might be wrought All carnall sensuall and earthly men No feâ—re that prophane men will ouerthrow the Gospell either whose belly is their god or whose god is this world all such men I say as in euery age be of Domingoes religion namely iust iumpe of that religion which the King and State professe they are so farre from attempting ought to ouerthrow the Gospel as vnder the shadow of the name thereof they wil euermore croude and couer their carnalitie and prophanes For they being euermore of euery religion and so in deede of no religion and passing not whether our Sauiour Christ or Beliall be their God sing as the Poët singeth Ais Aio Negas Nego becke and bow cap and knee to whatsoeuer the state and lawe commandes If the King be a Gospeller the Gospell the Gospell and naught els but the Gospell shal be found to roule in their mouthes But let the Crowne once turne by and by they haue turned their coates and as wether cockes with euery puffe of wind are huffed about Whatsoeuer order or maner of gouerment be planted or displanted in the Church the same shal be no corosiue to them It shall neuer sticke in these mens stomackes neither will they lay it to their hearts The King and Counsell is wise inough and knowe what they haue to doe well inough They will not be more forward nor wiser theÌ„ the Prince they will not checke and controll the whole Realme They can not brooke these busie bodies and medlers in matters aboue their reach They wil be none of these new fangled and precise fooles they will not bee backward and come behinde the law as the Papistes doe neither will they be to forward and runne before the law as the Puritans doe But they wil behaue themselues in all things and at all seasons as discrete politike Protestants ought to doe coÌ„forming submitting themselues alwayes to all order authoritie of the Queenes booke lawes setled Yea and though they be not booke learned nor any pen clerkes yet they beleeue well And therefore they will goe to the Church and say a few prayers yea they will receaue the Sacrament at Easter as deuoutlie as the best precisian of them all All these Atheistes and godlesse men being neither hot nor cold neither fish nor flesh nor good red hering plant what plants you will and sow what seedes you list yea make what ditch hedge pale wall or fence you please they set cocke vpon hoope passe not a button for it euery season be it wet or be it dry euery kind of laÌ„d be it clay or be it sand euery furrow be it broad or be it narrow be it deepe or be it shallow pleaseth coÌ„tenteth these medley coates alike They are like vnto Iacobs â—wes which hauinge straked and party coloured rods laid before them in the gutters at a ramming time brought forth none other but partie coloured lambes And therfore they will neuer stir hand nor foote nor once steppe ouer a straw to worke any least anoyance to the Gospell It is good sleeping alwayes for these men in a whole skinne And not much vnlike to these partie coloured slepers are the admoniâ—orie protestants For they as the dutie of faithfull subiectes doe bind them liâ—ing in a state of a Church reformed and hauing libertie in
subversion vpō any nation that purely and soundly in place therof hath embraced the holy Sacrament of the Lords Supper It seemeth also to be equal for many ages past that the Bishop of Rome might haue supreame and absolute power over all persons states and causes not only in Rome Italy Spaigne Germany other forraigne Kingdoms but also in England and Scotland But as yet to the view of al the world it hath not proved perilous for the King Queen of England and Scotland to establish new lawes for the alteration of that ancient abuse And why hath it not bene dangerous so to do Why forsooth because there was evident vtilitie in doing of it But how could an evident vtilitie appeare before it was done How Forsooth because the holy law of God had warranted an alteration For faith having eyes to see the wisedom the power and the trueth of God in his word discerned a far of that the institution of the Lords Supper was long before the sacrifice of the masse And therefore our Kings by abandoning popery out of the Realme did not institute any new religion but onely they restored the old Now then if the same holy lawe of God doe condemne the choyce and thrusting of a Pastour vpon the people by one man alone and againe if the same lawe doe impugne the primacie of one Pastour over all Pastours as wel in a Diocesse or Province as in the whole West part of Christendome what daunger can it be not to disfrāchise the one sithence without any maner of danger we haue abolished the other or what perill can it be not to countenance the sonnes sithence without peril we haue discountenanced the father Especially seeing in this place of the admonition we haue a playne cōfession that the common maner of election of Pastors Elders and Deacons in the old Churches was made by the people For if the examples of schisme discord Common manner of elections in the olde churches was by the people contention did commonly appeare in the olde churches while that maner of election did continue then by his owne mouth that maner of election was common and did continue in the olde churches Besides this inconvenience saith he caused Princes Bishops so much to entermedle in this matter From whence it necessarily againe followeth that by the holy Scriptures and law of God Princes and Bishops did not entermedle with that matter at all For had it bin simply lawful for thē to haue Bb. medle not with election of Pastours by the holie Scriptures dealt in those causes by the worde of God thē as well before schisme discord and dissention as afterward yea rather much more before then afterward For then by their own right might Princes and Bishops haue prevented all occasion of schisme and contention and haue so preserved the Church that no tumult or disorder should once haue bin raysed or begun therein Againe if by the lawe of God Princes Bishops had medled in these matters and had not entermedled by humane devise then lawfully by their authoritie alone might they haue chosen Pastours Elders and Deacons in the olde Churches which thing in this place by necessarie inference he denieth For schisme saith he caused thē to entermedle So as by his confession they were but entermedlers and entercommoners by reason of schisme not cōmoners and medlers by vertue of Gods word And yet now a dayes our reverend Bishops in this case are no more entercommoners with Princes and with the people they are no more entermedlers as in olde times they were but they haue now so farre encroched vpon the prerogatiues of the Prince and privileges of the people that neither Prince Bishops encroch vpon the right of prince and people nor people haue any commons in the election of Pastours Elders Deacons with them at all Besides if schisme and contention among the people were the reason why Bishops first entermedled in the choise of Pastours we now having no schisme nor contention about the choise of Pastours by the people and so the cause ceasing why should not the effect likewise cease But this effect is therefore still to be continued because otherwise the cause would a new sprout out and spring vp againe Nay rather inasmuch as for these many yeares we haue had schisme discord dissention because the Bishops wholy and altogether haue medled in the choise of Pastours and haue thrust vpon the people whatsoever Pastours please not the people but pleased themselves haue not suffered the people to medle no not so much as once to entermedle in these matters in as much I say as these things be so it seemeth most expediēt requisite necessarie for the appeasing pacifying of this discord the taking away of this schisme to haue that maner of election which was in the old Churches restored to the people and this wherein the Bishops haue entermedled without authoritie from the worde to be abolished that so againe the cause of schisme and strife which is now among vs ceasing the effect might likewise cease After I had ended this tract in this maner touching this poynt there came into mine handes a booke intituled The perpetuall gouernment of Christes church written by Thomas Bilson Warden of Winchester Colledge in the fifteenth chapter of which booke is handled this question viz to whom the election of Bishoppes and Presbiters doth rightlie belong and whether by Gods lawe the people must elect their Pastours or no. In whiche Chapter also the matter of schisme strife and contention is handled The finall scope and conclusion whereof is as the proposition importeth two fold First cōcerning Bishops then concerning Pastours The quarell taken against Bishoppes doth not so much touch sayth he the office and functions of Bishoppes as it doth the Princes prerogatiue When you rather thinke the Prince may not name her Bishoppes without the consent and election of the people you impugne nor vs but directlie call the Princes fact and her lawes in question As touching this poynt of the proposition because the people by any lawe or custome never chalenged anie right or interest in the choyse of the Kings Bishoppes we haue nothing to medle or to make about the choyse of any of his Kinglie Bishoppes The Kinge only hath power without the people to nominate his Kingly Bb. Nay we confesse as his Highnes progenitours Kings of England haue bin the Soveraigne Donours Founders Lords and Avowes of all the Bishoprickes in England without ayd of the people that so likewise it is a right and interest invested into his Imperiall Crowne that he onely his heyres successours without cōsent of the people ought to haue the free nomination appointment collation investiture and confirmation of all Bishoppes frō time to time to be placed in anie of those Bishoprickes yea we say further that the King alone hath not power onely to nominate collate confirme but also to
should we think Prelacie to be but eyther Oligarchie or Tyrannie For neither Monarchie may it be neyther Pollicie Prelacie either Oligarchie or tyrannie or polliticall estate can it be and other kinde of government besides these there is not anie For my part I more charitably iudge of the government of the Church by Prelacie then to match it with Tyrannie And although the Admonitor and the Pervsers and allowers of his booke were men in their generation wise yet had they well weighed the nature of the goverment of Oligarchie they would rather in this argumēt haue bin silent then vpon disclayme of Democracie and Aristocracie goverments both of them commendable in their kinde haue cast the commendation of their owne goverment of the Church by Prelacie to so desperat an estate as is the estate of Oligarchie Wherein if any doe glorie because not many of the best but some fewe of the wealthiest and richest sort doe governe then lett him hearken and cōsider what long since was preached before Pope Vrban the fifte by Act. Mo. one Nicolas Orem a man singularly commended for learning in his time Nicholas Orem his opinion of Oligarchie Amongst all the regiments of the Gentiles none saith he is more to be found wherein is to bee seene so great and exceeding ods thē in the policie of Priests Amongst whom one is drunken another is sterved amongst whom some be so high that they exceed all Nobles Princes of the Earth some againe be so abased that they are vnder all rascalls and such a common weath saith hee may well bee called Oligarchie But Thomas Aquinas he seemeth to set the discommodities of Oligarchie a pinne Thomas Aquinas what hee thinketh of Oligarchie higher for saith hee as a Kingdome hath in it the commodities of all other good regiments of Aristocracie that the Noblest and chiefest persons among Aristocracie a good regiment the people be taken to Councell of Policie or politicall estate where an assemblie of all estates is had whē the very best of all sorts are chosen to consult and deliberate of the publique weale so doeth Tyrannie conteine and hath in it all incommodities and vices of all naughtie corrupt regiments of Oligarchie it borroweth that the most wicked Oligarchie a corrupt regiment corruptest men be Counsaylors that as it were a route of Tyrants doe govverne The reasons and pillers of which Oligarchie are immoderatnes excessivenes disparitie and inequalitie passing and beyond all meane and measure Now if our reverend Bb. shall shew them selues to bee mal-contented with mee as though out of the opinions of these learned men I would gather that the governement of the Church by Prelacie is one of the corruptest governements I am to desire them to haue patience vntill they shall plainly demonstrate vnto vs that the same is not Oligarchie For if hereafter they shall revoke their former disgraceful iudgmēts against the discipline by Pastors and Elders conteyning in it the very nature of true Aristocracie and withall instruct vs better of the true nature of their own governement of the Church by Prelacie they shall finde vs plyable to their opinion so that it be grounded vpon the principles and reasons of trueth In the meane season after the fashion of the Admonitors maner of admonishing the people wee most humbly beseech the King and Parleament to bee enformed that it is greatly to be feared if Prelacie be Oligarchie that the Prelates will endevour It is to bee feared least by the exāple of Prelates Oligarchie bee brought in the common weale to transferre that maner of goverment frō the Church vnto the common weale And that the cōmon weale shall as miserably be rent torne with factions vproares as now the church is disquieted by schismes and divisions For if only a few of the richest and welthiest sort shal get an head and beare all the sway in the cōmon weale they shall thinke by the principles and reasons of Oligarchie that they haue iniury if they haue not as much to do in civil matters as the Prelats haue to doe in the matters of the Church And what hereof may follow as the Admonitor leaveth so doe I also leaue it to the iudgement of other Onelie if the way hereof alreadie hath bin troden out vnto them by some who A caueat against Oligarchie haue not written nor spoken but yet practised the principles and reasons of Oligarchie in the common weale onelie then this I say and adde as a caveat that the daunger to come is more heedefully to be prevēted For like as in good harmonie to make the Musike perfaict is required a moderate proportionate inequalitie of voyces which if it too much exceed taketh away all the sweet melodie so by too much immoderate inequalitie or disparitie of Citizens the common weale falleth to ruine But why may not the governement of the The gouerment of the Church by Prelacie is not Monarchicall Church by Prelacie be a Princely and a Royall governement In deed this question if it should be resolued by the rules and principles of the canon law I could hardly disproue that government to be Princelike for as hath bin saide before quilibet Ordinarius in sua Diocoesi est maior quolibet Principe Yea and every Bishop by the same lawe hath as absolute a spirituall power within his Diocesse as a Kinge hath a temporall power within his Kingdome But because that law with the rules principles thereof is or ought to be discarded out of this Kingdome we will not wade in it Only we say that the governement of the Church by Prelacie cannot bee any kinde of Royall and Monarchicall governement because Prelates haue not like power spirituall as Kings and Monarches haue power rēporall For there was never yet lex regia de Prelatorum spirituali imperio lata qua Prelatis Institut de iure natur gent ci § Sed quod in eos omne imperium suum potestatem aut Deus aut populus Dei contulerit And therfore where the people haue made the fore said regall law as there it is iustly said quodcunque Imperator per epistolam constituit vel cognoscens decreuit vel edicto praecepit legem esse constat and quod Principi placuit legis habet vigorem So likewise where there is no such regall law made in the church there it is as iustly affirmed quod Prelato placuit legis non habei vigorem quodcunque Prelatus per epistolam constituit cognoscens decrevit vel canone praecepit legem non esse constat And then how can every Prelate or why doth everie Prelate by his sole authoritie inioyne canons articles iniunctions and orders to be observed as lawes in all the Churches of his iurisdiction If the Admonitor supposed the governement If the gouvernment of the Church by Prelacie bee Monarchicall thē may the government by Pastors be
so to of the Church by Prelacie to be Monarchicall because the Queene was a Monarch and that the reverend Bishop governed vnder a Monarch then what did hee els but put a weapon into the handes of Pastors and Elders to prove their governement also to be Princelie and Monarchicall Because Pastors Elders desire not to haue that maner of governement to bee brought into the Church otherwise then by the Royall assent Souveraigne authoritie and expresse commandement of our most gratious King and Monarch Besids if any governement may be therefore saide to be a Monarchie because the same is derived from an earthly Monarch howe much more then may the governement of the Churches by Pastors and Elders be adiudged Monarchical by reason the same is deduced from our heavenly and everlasting Monarch For the reverend Bb. by their publike preachings apologeticall Ma. Horne Bishoppe of Winch. Ma. Iewell Bishop of Sali Mai. Bilson Bishoppe of Winch. writings testifie that power authoritie to ordeine and depose Ministers to excommunicate and to absolue to devise and to establishe rites and ceremonies in the church to define what is trueth to pronounce what is falsehood to determine what is schisme and to cōdemne what is heresie our reverend Bb. I say confesse this power to bee originallie decided vnto the true Bishoppes and Pastours of the Church from the Kinglie and Soveraine power of our Saviour Christ By what name therefore soever the gouvernment of Pastours and Elders in the Churches be called there is no manner of cause to dislike of the planting of that government in a Monarchie because the same is instituted by the Monarch of Monarches who is able and readie to vphold the state of al Monarchies in common weales togither with the state of Aristocracie in his No cause for a Monarch to feare that his Christian subiectes should haue the sence of Aristocracie in Church goverment Church Neither is there any cause for anie Monarch in the world to feare the making of christian commō people by familiar experience to haue the sence feeling of the principles and reasons of Aristocracie For if a people haue once submitted their necks to the yoke of Christ they can liue a peaceable godly life vnder all kinds of powers because they knowe all kind of powers to be the ordenance of God But especially there is not neyther euer was neyther euer can there be any cause for any King or Monarch of England greatly as the Admonitor insinuateth to feare that the common people will very easely transferre the principles and reasons of Aristocracie to the gouerment of the common weale and therevpon bee induced to thinke that they haue iniurie if they haue not as much to doe in civill matters as they haue in matters of the Church seeing they also touch their commoditie and benefit temporallie as the other doeth spirituallie And certes it seemeth that the Admonitor was drawen very drie of reason whē he was fayne to plucke this stake from the hedge to make a fire and to kindle the wrath of the Magistrate against the forme of discipline by Pastors and Elders For whether hee intendeth that the Pastors and Elders will thinke them selues to haue iniurie if they deale not in all causes of the commō weale as well as in all causes of their churches or whether he ment that the common people will easely transferre the government of the common weale from a Kingly Monarchie to a noble Aristocracie there is neither soothnes nor soundnes in his meaning For sithence Pastors disclaime to deale in civil matters the learned Ministers against the reuerend Bishopps by the holy rules of our faith mainteyne that it is not lawful for a Minister of the Gospell to exercise civill magistracy and that it is not lawfull for the man of God to bee intangled with the affaires of this life how is it probable that those Ministers will easely oppugne their owne knowledge by their owne cōtrary practise Or how is it probable that they would over-loade them selues with that burthen to ease the Church wherof they haue contentedly exposed thē selues into a number of reproches contempts bytings persecutions As for that other intendement of the Admonitors that it is greatlie to be feared that the commō people will easely transferre Monarchie vnto Democracie or Aristocracie if the principles and reason thereof by experience were made familiar in their minds this reason I say might seeme to carrie some shewe of affrighting a Monarch if the same were insinuated vnto a king whose people were neuer acquainted with the principles reasons of Democracie or Aristocracie but this feare being insinuated vnto our late Souveraigne Ladie the Queene whose people euer since the time they first begā to be a people haue had their witts long exercised with the The people of England haue their wits exercised with the sence of Democracie Aristocrarie sence and feeling of the reasons principles aswell of Democracie as also of Aristocracie what sence had the Admonitor to vrge this feare That in the Kingdome of Englande the common people haue alreadie the sence and feeling of the reasons principles of Democracie cannot be denied For in euerie cause almost aswell of criminall as ciuill iustice some few only excepted to be executed in the common weale by the common lawes of the Realm haue they not some hand and dealing in the same by one meanes or other Nay which is more haue they not the sence and feeling of the making and vnmaking their owne lawes in Parleament And is not their consultation in Parleament a mere Democraticall consultation As much also there is to bee avowed for the sence and feeling of the reasons and principles of Aristocracie to be alreadie in the minds of the Peres the Nobles the Iudges and other great men of the Realme For are not the Wisest the Noblest the Chiefest taken out of these by the King to bee of his Counsell and to be Iudges and Iusticers in his Courts Yea and is not their assembly also in Parleament a mere Aristocraticall assembly And what translation then is there greatly to be feared out of the Church to bee made into the common weale when the minds of all sorts of our common wealthes-men be already seasoned with the things which hee feareth And when the common weale is alreadie seysed of the principles and reasons which he would not haue familiarly known vnto it Wherefore that the King the Nobles and cōmons may no more be scarred with the strangenes of these vncouth and vnknowne greeke names of Democracie and Aristocracie writtē in his booke with great and capitall letters I haue thought it my duty by these presents to informe them that the govermēt of the church by Pastors and Elders nowe wanting amongst vs and desired to bee brought into the Church by the Souveraine authority of our King Nobles and commons in Parleament for the outward form
honorable CouÌ„cell keeper of the Kings privie Seale or two of them calling vnto them one Bishop one temporal Lord of the Kings most honorable Councell the two chiefe Iustices of the Kinges bench and common Pleas for the time being or other two of the Kings Iustices in their absence haue full power and authoritie to punish after their demerits all misdoers being founde colpable before them If wee search our statutes besids the Courts and matters determinable in these spoken of before we shall find that the complaints of errour whether it touch the King or any other person 31. E 3. c. 21 made in the Exchecquer should be done to come before the Chancelor Treasurer who taking to them two Iustices other sage persons are duely to examine the busines and if any errour be found to correct amend the Roles c. By reason of delayes of iudgments vsed in the Chauncerie in the 14. E. 3. c 5 Kinges bench common bench and in the Exchecquer it was assented established and accorded that a Prelate two Earles and two Barons chosen by the ParleameÌ„t by good advise of the Chancelour c. shall proceed to take a good accord and to make a good iudgement When it was complayned vnto the King that the profites c. of his Realme by â—0 K. 2. c. 1 some great Officers c. were much withdrawen and cloyned c. it pleased the King c. to coÌ„mit the surveighing aswell of the estate c. of his house c. vnto the honourable Fathers in God William Archbishop of Canterburie and Alexander Archbishop of Yorke c. by a statute of commission for a 6. H. 6. Sewers by a statute for punishmeÌ„t of b 11. H. 5. c. 25. periurie by a statut against making or executing of actes or ordinances by any c 19 H. 7. c. 7. Maisters c. being not examined c. by the Lord Chancelour Treasurer or chiefe Iustices c. By a statute for the erection of the Court of d 27. H. 8. c 27. AugmeÌ„tation by a statute for erection of the Court of firste e 32. H. c. 45. fruits tenthes and lastly by an f 27. Eli. c. 8 acte for redresse of erroneous iudgements in the Court commonly called the Kinges Bench By all these statutes I say it is very apparant that the Administration of publike affaires in the coÌ„mon weale hath never bene vsually committed to the advisemnet discretion or definitiue sentence of any one man alone Which point is yet more fully and more perfectly Lord president and counsell in Wales Lord president couÌ„sell in the North parts Lord Deputie counsell in Irelande The Kinge and his honorable privie Counsel to be vnderstood by the establishment continuance of the Kings Lord President and Councell in Wales of the Kings Lord President and Counsel established for the North of the Kinges Lord Deputie and Councell within the Realme of Irelande of the Kings Highnesse most honorable privie Councell chosen by him for the assistance of his Royall person in matters apperteyning to his Kingly estate and lastly of the supreame and grand Councell of the three estates in Parleament for matters concerning The Kinge his grand Counsell in Parleament the Church the King and the common Weale For whether respect bee had vnto the secrete affaires of the Kings estate consulted vpoÌ„ in his Highnesse Councell Chamber by his privie Counsaylors or whether we regard the publike tractation of matters in Parleament there can bee no man so simple as not to knowe both these privie and open negotiatioÌ„s to be carried by most voyces of those persons who by the King are called to those honorable assemblies And what a vaine iangling then doth the Admonitor keepe how idlely and wranglingly doth he dispute when against the government of the church by Pastours and Elders he obiecteth that the same will interrupt the lawes of the Realme that it wil be great occasion of partiall affectionate dealing that some will incline to one parte and that the residue wil bee wrought to favour the other and that thereby it wil be a matter of strife discord schisme and heresies Howbeit if never any of these extremities and dangers haue fallen out in the common weale by any partiall or affectionate dealing of the Kings Deputies Presidents Iudges Iusticers and other Officers Ministers associated vnto theÌ„ for the administratioÌ„ of Iustice or equitie in any of the Kings civill Courtes howe much lesse cause haue we to feare any partialitie affectioÌ„ working inclination favour strife debate schismaticall or hereticall opinions if once Pastours and Elders in every Congregation and not thoroughout a Diocesse one Bishop alone had the spirituall administration of the Church-causes Can many temporall Officers Iusticers and Iudges rightly and indifferently administer the law and execute iustice and iudgment without that that some doe incline to one part without that the residue bee wrought to favour the other part And cannot spirituall Officers dispatch spiritual affaires without that that they be partially affectionally disposed What is it so easie a matter that the Ancients of God and the Ministers of Christ can the one part incline to righteousnes and the residue be wrought to favor wickednes can some incline to God and vnto Christ and can other some be wrought to follow Satan and Antichrist For what other controversie is required to be decided by Pastours and Elders then the controversie of sinne betwene the soule of man and his God And is there any Christian Pastour or Elder that wil be wrought rather to favour the sinne of a mortall man then the glorie of his immortall God But to leaue the state of the Kingdome and common weale and the good vsages and customes of the same let vs come to the state of the Church it selfe and to the lawfull government thereof established even amongst vs at this day The gouerment of the Church ought not to be by one alone For whatsoever our reverend Bishoppes practise to the contrarie yet touching ordination and deposition of Ministers touching excommunication and absolution touching the order and rule of Colleges Cathedrall churches and the Vniversities the ecclesiasticall law doth not commit the administration of these things and regiment of these places to any one person alone The Vniversities admit not the goverment of the Chancelour being present nor of his Vicechancelour The gouerment in the Vniuersities not by one alone him selfe being absent as of one alone the Doctors Procurators Regents non-Regents haue all voyces and by most of their voyces the Vniversitie causes take successe The businesses The goverment in Colleges not by one alone of Colleges by the statutes of their founders are commended to the industrie and fidelitie of the President Vice-president and fellowes vnto the Provost Viceprovost and fellowes vnto the Warden Sub-warden and fellowes vnto the Maister
Archbishop of Canterburie cā haue over nine thirtie or fortie thē me thinketh it a matter very reasonablie of them to bee confessed that all true Pastors whether they bee great Pastors or litle Pastors may lawfullie exercise all maner of such true power spirituall as vnto true spirituall Pastors by the holie scriptures doeth apperteyne For if Bishops being great Pastours may therefore preach minister the Sacraments because they be as they say true Pastors thē also may litle Pastors therfore excommunicate because they bee as the scripture saith true Bishoppes Wherefore if the L. Bishopp of London by vertue of his Pastorall office as hee thinketh which with his brethren the other Pastors of his Diocesse he hath in commō deriveth vnto him immediatlie from the word of God may lawfullie excōmunicate then the pastorall office which Maister Doctor Androes hath ouer the people of his Parish of St. Gyles without Creeplegate and the pastorall function which Maister Doctor Whyte hath ouer the people of St. Dunstones within Temple-barre beeing as absolutelie as immediatlie deduced vnto them out of the same word what profe can be made out of the worde that the Bishoppe being not Lord Pastour of the Pastours of his Diocesse may lawfullie by the worde excommunicate all maner of offendors both Pastors and people within his Diocesse and yet neuertheles that neither Maister Doctor Androes nor Maister Doctor Whyte by the same worde may excommunicate any one of their Parishioners at all Nay further what reason can there be afforded from the law of God that Maister D. Abbot Deane of Winchester that Ma. Browne Maister Barlowe and diuers other prebendaries in the church of Winchester hauing certeyne parochiall and pastorall churches annexed to his and their Deanrie and Prebendes and Maister D. Grey in his parish by their pastorall functions should haue absolute authoritie vnlesse it bee during the time of the L. Bishoppes trienniall visitation to exercise the discipline of Christ within their seuerall and peculier churches and yet notwithstanding that neyther Maister Richman nor Mai. Burden being both of them graue godlie learned Pastors should haue at any time anie pastorall authoritie to exercise any censure at all And as it is in the church of Winchester so is it in the church of Paules in the church of Salisburie in well nigh all if not in all the Cathedrall Collegiall Churches thoroughout the Realme The Deane Prebendaries and Canons hauing certayne parochiall Churches exempted from the Bishopp within their exempt and peculier iurisdictions by mere Pastorall authoritie for episcopal authoritie by the lawes of the Church haue they none may exercise all maner of spirituall censures and that aswell by their substitutes as by them selues Nay which is more in Cheshire Lancashire Rurall Deanes in Cheshire c. vse some part of episcopall power Yorkeshire Richmondshire and other Northeren parts there be manie whole Deanries exempted from the Bishopps iurisdiction wherein the Deanes and their substitutes haue not onlie the probate of Wills and graunting of administrations but also the cognisance of ecclesiasticall crimes with power to vse the ecclesiasticall censures Yea and this authoritie of the executiō of ecclesiasticall censures haue those Deanes either long since by some papall priviledges Episcopall power to excōmunicate graunted by papall priuiledges or prescribed vse obteyned or els by long vse prescribed against the Bishopps Whereby againe it is clerelie convinced that Episcopall excommunication vsed in the Church of England is not of divine institution but onlie by humane tradition For were it of diuine right then could the same Power to excommunicate if it be of diuine right may not be prescribed no more bee prescribed or by papall immunitie be possessed thē could these Deanes prescribe power or bee enfranchised to preach the word or to administer the Sacramentes These things haue we thus at large more fullie intreated of to the end that the Kings Highnes and his Parleament and all sortes of people might well vnderstand howe it is not altogether an vnvsual and vnaccustomed thing in the Church of England that private inferiour ministers as they call them in their owne right and in their owne parochiall parishes without any authoritie from the Bishoppe should exercise even the highest censure of the Church And that in sundry places of the Realm there is no preeminence in the matter of the execution of the censures attributed to a Bb. aboue a Minister Nay whiche is more then is attributed to a Bb. aboue a No more preheminēce given to a Bb then to a Minister or to a lay man in some places for the vse of excōmunication lay man yea then to such a lay man who is authorized onlie by a lay man to his office Which is evident by the ecclesiasticall iurisdiction and censures exercised a long time by lay men in the peculiar iurisdictions of Newton Gronbie Anstic Soke of Rothelie Evington and other parishes hamlettes in the Countie of Leycester The officers of al which places for their spirituall authoritie having not had any other warrant then such only as hath bin signed sometimes vnder the hande and seale of the right Honorable the Earle of Huntingdon deceased sometimes of the Honorable Sir Henrie Grey knight sometimes of Henrie Skipwith Esquire and sometimes of others For the avoyding therefore of sundrie intollerable inconveniences whiche hitherto hath ensued for want of that authoritie which the Law setled doth enable every Minister with It is most expedient that all humane authoritie in the execution of spirituall censures bee vtterlie taken away and that the divine and Evangelicall censures of Christ bee ministred in every Congregation where learned and godly pastors with discrete Elders may bee had as from the minde of the Lord they were executed in the Apostolicall and primitiue church I had almost forgotten to speake of one common and vsuall kinde of iurisdiction spirituall in the vse of the censures of the church by the Archb. which in cases of their prerogatiue they haue prescribed against the Bb. over the presbyters and people of euery Bishoppes Diocesse and Archdeacons iurisdiction within their provinces of one other cōmon and vsuall kinde of pretensed spirituall iurisdiction and vse of the censures which the Archb. and sometimes the Deane and Chapiter sede Archiepiscopali or sede Episcopali vacante exercise and lastly of that spirituall kinde of iurisdiction censures so called of the Church whiche Suffraganes and Archdeacons haue and do vse As touching which supposed spirituall power both of the Archbishopps Archdeacons because the same their power doth only belong vnto thē iure consuetudinario non scripto by vnwritten and not by written lawe I must conclude against the iurisdiction of the Archbishopps prerogatiue and against the Archdeacons iurisdictiō in all cases as out of St. Cyprian King Henry the eight concluded against the Pope viz That their authorities can not be from Christ Because Christ saide
childes Baptisme should be of stone of pewter of brasse or of silver whether the Minister should descend to the lower ende or the childe ascend to the vpper end of the church Whether the child should haue a great handfull or a litle sponefull of water powred vpon his head In the celebration of the Lordes Supper it is directlie commaunded that the people shal stand sit or passe whether it should be celebrated every first or second Sabboth of the moneth whether in the morning at noone or at night In the ordination of Ministers there is no iust proofe to bee made that any certeyne number of Ministers are to lay on their hands that the day of ordination should be alwayes one that the Minister should bee of such an age or that the prayers should bee of this or of that lenght and forme of wordes And therefore touching these and such like thinges of indifferencie we agree with the Admonitor and reverend Bb. that one forme of externall orders rites ceremonies is not of necessitie to be in every Church because there is no such order witnessed by the holy Scriptures to bee of necessitie But touching the ioynt severall functions of Bishops Pastours and Elders that they or any of them should in any age or state of the church of Christ bee wanting or that such offices as by warrant of the Scripture are coupled together should be severed or that any other persons should be appointed to execute any functions in the Church then such persons only as for their functiōs haue warrant from the holy Scriptures wee can not in any sorte therevnto agree And why forsooth because all both offices and officers in the Church must only and alonely be derived from our Saviour Christ as from the only fountaine and bestower of all officers offices in the house of God And therefore albeit we should graunt as the Admonitor hath saide that the outward order vsed in the primitiue Church touching rites ceremonies by Bishops Pastors and Elders is neither necessarie nor so convenient as it may be otherwise in the time of peace vnder a Christian Magistrate yet we may not herevpō imply as his negatiue implieth viz. that Bishops Pastors Elders or any of them are neither necessary nor so convenient officers or governours as other officers of mans invention might be For which our opinion by the helpe of God wee shall assay as before hath bene mencioned in an other place to lay down out of the worde of God some iust proofes according to the Admonitors request that there ought to be in all ages and states of the Church this outwarde order forme of goverment viz. that Bishoppes Pastours and Elders ought evermore to bee spirituall governours and that evermore they and none other ought to vse that essentiall kind of spirituall goverment and none other which was practised by the Bishoppes Pastours and Elders in the Apostolicall and primitiue Church Allwayes leaving the outward rites and ceremonies of their spirituall kind of goverment to be indifferent as erst hath bene said FINIS Speaches vsed in the Parleament by Sir Francis Knolles and after written to my L. Treasurer Sir William Cecill TO the end I may enform your Lord shippe of my dealing in this Parleament-time against the vndue claimed superioritie of the Bishoppes ouer their inferior brethren Thus it was Because I was in the Parleament time in the 25. yere of King HENRY the eight In which time First all the Clergie aswell Bishops as others made an hūblie submission to King HENRIE the 8. acknowledging his Supremacie and detesting the vsurpation of the Bb. of Romes authoritie Vpō which submission of the Clergie the King gaue vnto the said Bb. the same ample rule that before they had vnder the Pope ouer their inferior brethrē saving that the same rule was abridged by statute by this parenthesis following that is to say without offending the prerogatiue Royal of the Crown of England the lawes customes of the Realm In the latter end of the Statute it was added that whosoeuer offendeth in any one parte of that statute their Aydors Counsellers and Abbetters they did all fall into the penaltie of the premunire And after I had recited this statute in the Parleamēt-house I declared that in King HENRIES the eight days after this There was no Bishoppe that did practise superioritie ouer their inferiour brethren And in King EDWARDES dayes the said Bb. obteyned a statute wherby they were authorised to keepe their Courts in the Kings name the which statute was repealed in Queene Maries dayes and was not revived in her Majesties time that now is wherevppon it was doubtfull to mee by what authoritie the Bishoppes doe keepe their Courts nowe in their own names because it is against the prerogatiue Royall of the Crowne of England that any should keepe a Court without sufficient warrant from the Crowne Wherevpon I was answered that the Bishopps do keepe their Courts now by prescriptions it is true that the Bb. may prescribe that King HENRY the 8. gaue them authoritie by the statute of 25. of his raigne to haue authoritie and rule ouer their inferiour brethren as ample as they had in the Popes time But this was no speciall warrant for them to keep their Courts by and that in their owne names And yet they haue none other warrāt to keep their Courts as they do now in their owne names to my knowledge And this was the cause that made them obtaine a statute in King EDWARDS dayes to keepe their Courts by in the Kings name Now it is a strange allegation that the Bishopps should claime authoritie at this present to keepe their Courtes in their owne names as they do by prescription because the statute of 25. doth restraine thē generallie from offending of the prerogatiue Royall of the Crowne of Englande and the lawes and customes of the Realm And no man may iustly keepe a Court without a speciall warrant from the Crowne of England as is aforesaid And the generall libertie given by King H. the 8. to the Bishops to rule and governe as they did in the Popes time is no sufficient warrant to the Bishops to keepe their owne Courtes in their owne names by prescriptiō as I take it And therefore the Bishops had done wisely if they had sought a warrant by statute to keepe their Courts in the Queenes name as the Bb. did in Kinge EDWARDS dayes In which time Archbishop Crammer did cause Peter Martir and Bucer to come over into this Realme to bee placed in the two Vniversities for the better instructiō of the Vniversities in the worde of God And Bb. Crammer did humblie prefer these learned men without any challenge to him selfe of any superiour rule in this behalfe over his inferiour brethren And the time hath bin that no man could carry away any graūt frō the Crown of England by general words but that he must haue speciall wordes to carrie the same by Therfore how the Bb. are warrāted to carry away the keeping of their Courts in their own names by prescriptiō it passeth my vnderstāding Moreover where as your Lordship said vnto me that the Bishopps haue forsaken their claime of superioritie over their inferiour brethrē latelie to bee by Gods ordinance and that now they doe only claime superioritie from her Majesties supreme goverment If this be true then is it requisite necessarie that my L. of Canterburie that now is do recant and retract his saying in his booke of the great volume against Cartwright where he saith in plaine wordes by the name of Doctour Whitgift that the superioritie of Bb. is Gods owne institution Which saying doth impugne her Majesties supreme govermēt directlie therfore it is to be retracted plainly and truly For Christ plainly truly cōfesseth Ioh. 18. 36. That his Kingdom was not of this world And therfore he gaue no worldly rule or proheminence to his Apostles but the heavenly rule which was to preach the Gospel saying Ite predicate in omnem mundū quicūque crediderit baptizatus fuerit salvus erit qui non crediderit condemnabitur Goe preach in all the world who soever shall beleeue be Baptized shal be saved but he that will not beleeue shal be condemned Mark 16. 15. But the Bishops do cry out saying that Cartwright his fellows would haue no goverment c. So belike the Bb. care for no govermēt but for wordly forcible goverment over their brethren the which Christ never gaue to his Disciples nor Apostles but made them subiect to the rule of Princes who ought not to be resisted saving that they might aunswer vnto Princes that they must rather obey God then men Acts. 5. 29. and yet in no wise to resist the Prince but to take vp the crosse and follow Christ FINIS
that the Author ought to haue proved them not to haue ben repugnant to the customes of the Realme but to haue bin in vse and practise before the making of that acte of submission For hee must proue sayth the Answerer that they are not repugnant to the customes of this Realme and shew vs how they haue bin vsed and executed heere before the making of the statute yea he can say that they are by lawe established among vs. Which points saith he because we learn by law quod facta noÌ„ presumantur matters in fact are not intended to be done vntill they bee proued so we must still put him to his proofes in the meane time say that hee hath gaped wide to say nothing to the purpose and that in his whole booke he hath talked but not reasoned All which asseveration of this Answerer if the same be true and if this plea be a good avermeÌ„t to barre the Author from having proved a learned ministerie to be commanded by the lawe dispensations for many benefices to bee vnlawfull excommunication by one alone to bee forbidden and civill gouverment to be vnlawfull in ecclesiastical persons then much more forcibly may this argument be retorted vpon all such as clayme alleage put in vre any portion of the forraigne canon law For sithence it hath never yet bene proved that the forraigne canon lawe vsed and executed at this day was accustomed vsed 25. H. 8. then because wee learne by law as he saith quod facta non presumantur wee must still put him his clients to their proofe and in the meane while tell them that their Advocat hath twisted for them but a bad threed when by his reason he hath vntwined all their lawes and broken a sunder the bands of their gouverment Moreover because it is not yet proved that the forraigne and papall canon law is not contrariant nor repugnant to the lawes statutes or customes of the Realme nor derogatorie to the prerogatiues of the regall Crown nay because the contradictorie hereof is affirmed and this denied and because we learne by law as he saith that matters in fact are not intented to be done â—ill they be proved so wee must still put the vpholders and executioners of this law to their proofe and in the meane while tell them that the forraign papall law is but a pretended necessary disused law that it is not inspired with the life of law and that it is fathered by them to be such a law as is an hedlesse a fetherlesse and a nocklesse arrow which is not fit to be drawn or shot against any subiect of the King And from this voydance abolition nullitie of forraigne and papall canon law because sublato principali tolluntur accessoria it followeth that all offices and functions of papall Archbishops papall Bishops papall Suffraganes papall Archdeacons papall Deanes and Chapters papall Priestes papall Deacons papall Subdeacons papall Chancelors papall Vicars generall papall Commissaries and papall Officials meerely depending vpon the authoritie and drawen from the rules and grounds of that lawe are likewise adnihilated and of no value Howbeit forso By the opinion of the CiviliaÌ„s the papal canon law seemeth to bee in force much as by the opinioÌ„ of some learned Civilians there seemeth vnto them a necessarie coÌ„tinuance of the same forraign and papall law by reason that Archbb. and Bishops doe now lawfully Apologie of certain proceedings in courts Ecclesiasticall as they say vse ordinarie Archiepiscopall and Episcopall iurisdiction which they could not as they thinke doe if the same common lawe were vrterly abolished and for so much also as some learned in the canon lawes do mainteyne that since the statut of 1. Eliz. c. 1. the Archbb. and Bb. cannot lawfullie clayme anie ordinarie spirituall iurisdiction at all but that the spirituall iurisdiction to be exercised by them ought to be delegated vnto them froÌ„ the King by a commission vnder the great Seale Forasmuch I say as there are these differences of opinions it seemeth expedient to be considered by what law by what authoritie Archbb. and Bb. exercise Archiepiscopal Episcopall power in the church And to the end this question may fully be knowen and no scruple nor ambiguitie be left what power spirituall may be intended to be exercised by them We distinguish spirituall power into a power properly called spirituall and into a power improperlie Power properly and improperly called spirituall or abusivelie called spirituall The power properly called spirituall is that spirituall power which consisteth and is conversant in preaching the Woord administring the Sacraments ordeyning and deposing Ministers excommunicating or absolving and if there be anie other spirituall power of the like propertie and nature Now that this power properly called spirituall could haue bin drawen from the person of our late Soveraigne Ladie the Queene vnto Power properly called spirituall was neuer in the Queens person Archbb. and Bishops we denie For the Queenes Royall person being never capable of any parte of this spirituall power how could the same be derived from her person vnto them Nemo potest plus iuris in alium transforre quam ipse habet Archiepiscopall and Episcopall power therefore exercised in and about these mysteries of our holie Religion ordinarily necessarilie must belong vnto the Archbb. and Bb. by the canon of the holy Scriptures otherwise they haue no power properly called spirituall touching these things at all The power which improperlie is called spirituall Power improperly called spiritual is indeed but a temporall power is such a power as respecteth noâ— the exercise of any pastorall or ministeriall church to the internall begetting of faith or reforming of maners in the soule of man but is such a power as whereby publike peace equitie and iustice is preserved and mainteigned in externall things peculiarly appropried and apperteyning vnto the persons or affaires of the church which power indeede is properlie a temporall or civill power and is to be exercised onelie by the authoritie of temporall and civill Magistrates Now then to returne to the state of the point in question touching this later power improperly called spirituall by what law or by what authoritie the Archbishops and Bishops doe exercise this kind of power in the church I answer that they cannot haue the same from any forraign canon lawe because the same law with all the powers dependaÌ„ces thereof is adnulled And therefore that this their power must ought to be derived vnto theÌ„ from Bb. where From whence then is their power derived Herevnto we answere that before the making of that act spirituall iurisdiction did apperteyne vnto Bishops and that Bishops were ordinaries aswell by custome of the Realme canons constitutions and ordinances provinciall synodall as by forraign canon law And Bishops remaine ordinaries by custome provincial caÌ„oÌ„s and statute law though papal canon law be abolished that therefore these canons constitutions
the authoritie aforesaide for our said Soveraigne L. the King his heyres and succerssors from tyme to tyme and at all tymes to nominat and appoint by his and their Highnes letters patents vndee the great Seale of England for euerie Shire and Shires Diocesse and Diocesses within his or their H. Dominions one or moe able sufficient persons learned in the civill lawe to be his and their Notarie and Notaries Register and Registers by him them selues or by his or their lawfull Deputie or Deputies to doe performe and execute all and euery such act acts thing and things as heretofore in the Courts and Consistories Ecclesiasticall aforesaid hath bin and now are incident and apperteyning to the office of any Register or Notarie And further at the humble suite of the Commons c. it may please the King to haue it enacted That all singular matters of Wills Testaments with all and everie their appendices that all and singular matters of Spousalls Mariages with their accessories that all and singular matters of diffamation heereto fore determinable in the ecclesiasticall Courtes and if there be anie other causes of the like meere civill nature shall be heard examined and determined by the said civill and secular Officers and Iudges in the said civil and secular Courtes according to the due course of the civil law or statutes of the Realme in that behalfe provided And that all matters of Tythes Dilapidations repayre of churches and if there be anie other of like nature with their accessories and appendices shal be heard examined and determined by the saido civill and secular Officers and Iudges in the said civil and secular Courtes according to the Kings ecclesiasticall lawes statutes and customes of the Realme in that behalfe heeretofore vsed or heereafter by the King and Parleament to be established And at the humble suite of the Commons may it please the King to haue it further enacted That all maner of fees heeretofore lawfull or heereafter by the King and Parleament to bee made lawfull for or concerning the probat of Willes administration of the goods of the intestat letters of tuition receyving or making of accompts inductions to Archbishoprickes Bishoprickes Dearries Parochiall-churches or other spirituall promotions and all other feees what soeuer heretofore lawfull or hereafter to be made lawful for anie travaile or paine to be taken in or about the expedition and execution of any of these causes shall for ever hereafter be fees allowances appropriated to the Iudges and principall Registers of the sayde Courtes equally to be devided betwene them as heeretofore hath bin accustomed and that the said Iudges and Ministers within their severall charges shal be Collectors of the Kings tenthes and subsidies graunted and due by the Clergie taking for their travayle and payne in and about the same collection such fees as heretofore haue bin accustomed Provided alwayes that none of the saide civill and temporall Officers and Ministers nor any of them for any offence contempt or abuse to be committed by any person or persons in any wise incident to any of the said Courts and Consistories suspend excommunicate or interdict any person or persons but shall and lawfully may by authoritie of this present Act proceed against everie offendor and offendors by such ordinarie processe out of the said Register or Notaries office as is vsed vpon a sub-pae-na out of the high Court of Chancerie and there vpon default or contempt to proceed to attachment proclamatiō of rebellion and in prisonment of the partie offending as in the said high Court of Chācerie is vsed Provided also that all appeales hereafter to be made from all and every Court and Courts in the Shyres and Diocesses of the Countrey shal be made to the higher Courtes as heretofore hath bin accustomed onely with an alteration and addition of the names stiles and dignities of Archb. Bb. and other Ordinaries vnto the name stile and dignitie of our Soveraign Lord the King his heyres and successors And that vpon the appeales so to be made it shall and may be lawfull for the Iudges Ministers of Iustice of and in the said higher Courts to make out all maner of processe and processes and to doe execute all and every act and acts thing things for the furtherance of Iustice in the causes afore said as to them shall by the law seeme equall right meete convenient any law statute privilege dispensation prescriptiō vse or customs heretofore to the contrarie in any wise notwithstanding Provided also that all and every such Iudge and Minister that shall execute any thing by vertue of this act shal from time to time obey the Kings write writs of prohibition of attachment vpon prohibition and indicavit and not to proceede contrarie to the tenour of such write or writes in such and the same maner and forme and condition as they have or ought to haue done before the making of this act any thing in this act to the contrary notwithstanding Provided also that this acte or any thing therein conteigned shal not extend or be interpreted to give any authoritie to the said Iudges Ossicers or any of them to put in execution any civill or Ecclesiasticall lawe repugnant or contrariant to the lawes statutes or customes of the Realm or hurtfull to the Kings prerogatiue Royall And thus it may seeme to bee but a small labour a litle cost and an easie matter for the Kinge his Nobles and Wise men of the Realm to devise formes of iudgement and maner of processe proceedings without any offices or functions of the canon law wherby the vse and studie of the civill lawe and the rewarde and maintenance for Civilians might be furthered and increased and not vtterly overthrowne taken away as the Admonitor vncivily beareth vs in hand As for the alteration of the censure of excommunication for contumacie mētioned in this proiect we haue the consent of the reverende Bishops in Pag. 138. this admonition that the same may bee altered For the Admonitor their Prolocutor speaketh on this wise Viz. As for Excommunication for contumacie by the Admonitors iudgement may be takē away without offence and with the good liking of the Bishops the excommunication practised in our ecclesiasticall Courts for contumacie in not appearing or not satisfying the iudgement of the Courte if it had pleased the Prince c. to have altered the same at the beginning and set some other order of processe in place thereof I am perswaded saith he that the Bishops Clergie of the Realme would haue bin very well contented therewith And speakinge of a certaine maner of civill discomoning vsed in the Church of Tigure he further addeth viz. Which or the like good order devised by some godlie persons if it might be by authoritie placed in this Church c I think it would be gladlie receaved to shun the offence that is taken at the other Admonition And matters
money to bee paid and distributed yerelie of the fruites and profits of the same churches by those that shall haue the same churches in proper vse by their successors to the poore parochiaÌ„s of the same churches in aide of their living sustentation for ever and also that the Vicar be well and sufficientlie endowed By which statute it appeareth that every impropriatioÌ„ ought to be made by liceÌ„ce out of the Chancerie that it ought to be made to the vse of ecclesiasticall persons onlie not to the vse of temporall persons or patrones Now then all such parish churches as without licence of the King in his Chancerie haue bin appropried to any ecclesiasticall person and againe all such parish churches as by licence of the King in his Chancerie haue bene appropried to the vse of laye persons they are not to be accompted mens lawfull possessions heritages Besides this as many impropriations as wherevpon the Diocesan of the place hath not ordeined according to the value of such churches a convenient summe of money to be paid distributed yearlie of the frutes of the same churches c. to the poore Parochians of the same churches in aide of their living and sustentation for euer yea every church also appropried as wherevnto a perpetuall Vicare is not ordeined canonically to be instituted inducted in the same and which is not convenably endowed to doe divine service and to enforme the people and to keepe hospitalitie there all and everie such church churches I say otherwise then thus appropried by the law of the Realme as it seemeth are not mens lawfull possessions and inheritances For by a statute of Kinge Henry the fourth everie church after the 15. year of King Richard the second 4 H. 4. c. 12 appropried by licence of the King against the form of the said statute of R. 2. if the same were not dulie reformed after the effect of the same statute within a certeyne time appointed then the same appropriation and licence thereof made presentlie the parish Church of Hadenham onlie excepted was adiudged to be voyd and vtterly repealed and adnulled for euer And therefore I leaue it to the inquisition of our Soveraigne Lord the King whether the impropriatioÌ„ of the parish church of Bâ—lgraue in the Countie of Leycester wherevnto two Chapples are annexed and other Churches appropried to the Bishop of Leycester since the statutes of Richard the seconde and Henry the fourth bee the lawfull or vnlawfull possession and heritage of the same Bishop yea or no. And if it be lawfullie appropried and so a lawfull possession and heritage then I leaue it againe to the inquisition of the King what summe of money out of the fontes of the same church ought yearlie to be distributed to the poore ParochiaÌ„s what the endowment of a Vicare canonicallie to be instituted and inducted in the same church should be what house is appointed for the same Vicar to keepe his hospitalitie in and whether any Vicare for the space of these many yeres passed hath bin Canonicallie instituted and inducted in the same church to possesse that endowment to inhabite that same house and enforme that people For if by the appropriation it selfe or by the abuse thereof the poore Parochians haue bin defrauded of their yearelie distribution or if no Vicares haue bene Canonicallie instituted and inducted in the same or if being inducted they haue their indowments so small or so covetouslie kept backe from them as that they can not sufficientlie mainteine theÌ„ selues much lesse keepe hospitalitie theÌ„ as the Admonitor coÌ„fesseth there must needes be a lamentable abuse of impropriations and that therefore it is greatlie to be wished that by some good statute it might be remedied And as those churches which are vnlawfully appropried are not the lawfull possession and heritage of the proprietaries so on the other side we aâ—â—irme that those impropriations which were made reformed according to the statutes of Ri. 2. He. 4. may well stand as mens lawfull possessions and heritages even with those things which are required to be planted brought into the Church whatsoever the Admonitor hath written to the contrarie For wee doe not holde that maintenance must onlie and necessarilie be provided for everie Minister by the payment of tythes oblations and other ecclesiasticall profites belonging to churches appropried or disappropried For there being no direct proofe to be made out of the law of God that Ministers of the Gospell must onelie liue vpon tythes the King and Parleament may well and competentlie inough appoint covenable endowments for everie Minister without disapproprying of any church appropried And therefore litle cause had the Admonitor to insinuate the ruine of impropriations vpon the bringing in the discipline of our Savior Christ because the same may bee well planted and yet to other not vnplanted But what neede we to argue against his insinuation considering he him selfe before he came to the end of this page by his owne disclayme contradicted his insinuation For if the forme of finding Ministers by tythes must with the canon law as he saith be abolished and if there must be some other order for this devised because this may seeme papisticall and Antichristian what should anie man feare the taking away of those lawes whereby impropriations do stand For if such as heretofore haue spoken or written against them because as he insinuateth the forme of finding Ministers by tythes seemed to be vnlawfullie taken away and as he would also insinuate by their iudgement ought againe to be restored and not to stande any longer as mens lawfull possessions and heritages How I saye doth it followe that they which desire impropriations to bee restored to their pristinate state should withall require to haue the findinge of Ministers by tythes to bee abolished It seemeth therefore that the Admonitor so he might be talking passed but a â—itle what he talked For what a double talke is heere or to what purpose was this talke Was it because some men do thinke that the Ministers ought not to receyue tythes for their reliefe paynes in the Ministerie Why then let all men knowe that we disclayme such some mens opinions For wee accompt all things perteyning to this lyfe directlie or by consequence not commaunded nor prohibited by the holy and sacred Scriptures to be things indifferent and that therefore we may vse them or not vse them as the commoditie or incommoditie of the Church shall require And therfore as we doe not affirme that the maintenance of the Ministers must onelie and necessarilie bee levied out of tythes oblations and such like so also we do not denie but that the tenth part of the increase of all our goodes by the authoritie of the King his lawes may be allotted for their possession and hâ—ritage especiallie in our couÌ„trey the same manner of payment beeing so auncient and so agreeable to the maners vsages and disposition of our
State and people Nay since the payment of tythes for service accoÌ„plished in the spiritual Sanctuarie is correspoÌ„dent in the nature thereof to the equitie of the Lawe of Moyses for the Levites attendance about the earthlie Tabernacle and since also wee be bound by the coÌ„maundement of the Apostle to make him that teacheth vs in the word to bee partaker of all our goodes I see not so Iewish and popish ceremonie and superstition be avoyded but that this duetie may as christianlie be performed by the payment of the trenth part of the increase of our corne hay wooll lambe c. as by the eight twelfeth twentieth or any other part of our money and coyne By payment also of which tythes the Ministers at everie season with everie kinde of necessarie provisioÌ„ towards hospitalitie might thoroughlie be furnished which manie times they shall want by reason of mens backwardnes when collections of money are to be made But to speake no more of this matter of tythes we will returne to the obiection made against the Apostolicall government drawen from taking away impropriations And herein we wil not handle whether the lawes whereby impropriations do stande as mens lawfull possession and heritage must as he saieth bee taken away but whether impropriations now devided from the Ministerie and dispersed into many severall mens handes and imployed to many vses in the common weale may not in tract of time by some whole some lawe be reduced eyther wholie or in part to be the only lawful possessions and inheritances for the Ministers of the Gospell yea and that without any preiudice or damage vnto Prince or people It is evident in the eyes of all thatthe Churches now appropried do stand remaine as the lawfull possessions inheritances either of the King or of the Nobles or of the Knightes Esquyres Gentlemen and other temporall persons or of Archbb. Bb. Archdeacons Deanes Prebendaries and other ecclesiasticall persons or of the Vniversities of the Colledges in the Vniversities of collegiate and Cathedrall Churches of Scholes Hospitalls Fraternities and other bodies Politicke and Corporate Wherefore to the end our meaning may the better be vnderstood and that wee may proceed orderlie we think it good to examine first by how many severall wayes some of these impropriations may be wholy and thoroughly reduced secondlie by how many several meanes other some in part may be brought to the vse of the Ministerie To reduce som of them whollie may bee done by restitution Impropriations may bee reduced to the ministery by fower meanes commutation redemption and contribution And first that I preiudice not the Lords spirituall and Church-men of their auncient priviledges from being placed in the first ranck reason is that they teaching the people not to possesse other mens goodes wrongfully we speake first of restitution to be made by them In declaration whereof wee thinke it not fitt in this place to shew to Porochiall Churches to what vse they were founded what end the state of the Cleargie was first founded into a state of prelacie by the King Earles Barons other great men because the same cometh afterward to be handled more at large but it shall suffice at this present for the purpose whereof we now intreate to lett the Reverend Bb. vnderstand that the small Parochiall churches were founded and endowed with glebe Landes tythes and other fruites by the Lordes of Manors This may bee proved by 15. R. 2. and 4. H. 4. c. 2. and is confessed by M. Bilson in his perpet gouerment Pag. 365. 366. to the end that the Lords tenantes within the same manors should be informed of the lawe of God and that Hospitalities might be kept and the poore of the same Parishes be relieved And besides the reverend Bishoppes we hope will graunt that the great Cathedrall and Collegiat Churches were not founded by the Kings progenitors Nobles and great men of the Realme to the ende that those great Churches as great hawkes pray vpoÌ„ litle fowles with their great steeples should care and devoure the litle steeples or that with their great Quiers they should overthrow iustle downe the small pulpittes And therefore we most humblie pray ayde froÌ„ the King for the casting of new clappes to be erected in the little pulpittes that be would be pleased to graunt restitâ—â—ones in integrum to all the litle churches and that all impropriations of all Parochiall churches and benefices nowe by spoliation parcell of the revenues of Archbb. Bishoppes Deanes Archdeacons Prebendaries and other ecclesiasticall persons restantes within those great churches may be whollie restored to their auncient and originall vse according to the mindes and intentes of the first Donours and Patrones of the same Parochiall and little Churches For if as Maister Bilson saith it be true that the Lords of Villadges having erected churches and allotted out portions for divine service eyther by Gods or mans lawe by their later graunts could not haue their former rights vnto their patronages overthrowen and if the allowance given at the first to the Ministers of ech Parish by the Lorde of the soyle were matter inough in the iudgement of Christes Church to establish the right of patrones that they alone should present Clerckes because they alone provided for them if I say this be true then haue the Ministers of those Villadges and of that soyle iust cause to require at the Diocâ—sans handes a râ—stitution of such allowances as were first given and provided for them by the patrones Especiallie the Diocesans by their own act nowe enioyning and converting the same allowances to their owne vse If it be answered that this can not well and convenientlie bee brought to passe because the same impropriations by the Archbishops Bishops and other Ecclesiasticall persons for divers summes of money are now lawfully demised to farme for many yeares yet to come herevnto we answere that these leases should hinder nothing at all the restitution of the right and interest in reversion or remainder of those impropriations Onlie if the impropriations haue bene made according to the lawes of the Realm the leases dulie graunted these leases for a time may hinder the incumbent Ministers from the present possession of the Tythes Fruits and glebe Land belonging to the same impropriations And yet may not the incumbent Ministers bee hindered in the meane while from receyving the reâ—tes reserved vpon such Leases and which by the same Leases are nowe payable to the Archbishops Bishops and other ecclesiaasticall persons Neither after the determination of the same Leases should the incumbent Ministers bee any more letted to enioy receyve the whole profits in right of their churches then other Ministers bee now letted to enioy theirs If any shall say that manie of these impropriations are annexed appropried as Prebendes for the provision of some of the Prebendaries of the same greate churches and that the same Prebendaries in the right of their prebeÌ„ds be the lawfull
Rectors of the churches appropried and haue cura◠animaru◠in the same parishes then wee must instantlie againe pray the King that those Prebendaries by some wholesome lawe may be constreyned to reside and to incumbe vpon their saide prebendes and parochiall churches and that by continuall preaching of wholsome doctrine they may endevoure to cure the soules of the people over whō by the order of those great churches they be set over whom they haue taken charge And withall that they may no more be suffered to lye and to liue idlelie in their Cloysters in their caves and in their dennes sometimes at Worcester sometimes at Hereforde sometimes at Gloucester sometimes at Salisburie sometimes at Westminster sometimes at Soutwell sometimes at Windsore sometimes at Paules sometimes at Oxforde and sometimes at Cambridge When in the meane while both seldome and very slenderlie they feede other sheepe whose fleeces they take in and about London Winchester Tewkesburie Reading and other places of the Countrey Besides we pray that these prebendes after the determinatiō of leases now in being may never any more be let to farm so that the frutes thereof may serve for those Prebendaries or other succeeding Ministers to make Hospitalities Almes and other workes of charitie If it be alleadged that the King now hauing first frutes Tenthes and Subsidies out of the impropriatiōs of those great churches as being all comprised vnder a grosse summe of the Tenthes payable for the whole revenues of the same churches should loose the first frutes Tentes and subsidies of the same impropriations if hereafter they become either donative or presentative to this the aunswere is readilie made viz. that Tenthes first frutes and Subsidies might as well bee paide then as now And that the Kinge might then aswell haue right to the donation of the benefice disappropried as the Bishop now hath the gift of the prebend appropried In the next ranck cometh commutation to be spoken of Wherein because the impropriations of Parochiall churches apperteyning now to the King Nobles Commons Colledges Scholes Bodies politicke c. were at the firste appropried one lie by the discretion of the Diocesans Predecessors to the reverend Bishoppes that now are vnto Abbottes Prioures Nunnes Friars c. and because the Successours of those Diocesans be bound in the same band of iniquitie with their predecessors vnles by all good meanes they labor that things may be brought to their first and pristinate state it seemeth equall iust that this commutation should likewise proceede and be drawen frō the Diocesans and great Churches before specified The reasons whereof may bee such as follow The Landes and possessions given by the Kings progenitors the Earles Barons other great men of the Realme to Bishoprickes were not giuen as Maister Bilson affirmeth to vnburden the people of the support and chardges of Perpetu. power Pag. 367. their Bb. but they were given as the law of our lande teacheth vs first to enforme the people in the lawe of God in those churches Secondlie to keepe Hospitalities almes other workes of charitie And thirdlie for the soules of the founders their heyres and of all christian Now then if some of these condicions be such as for the impietie thereof ought not to be performed and if other some also being good and godly be not performed and so the thinges are to returne to their first nature as in the same statute is alleaged then is it reason that the Kinge and Nobles who are the iust inheritors and successours to those who were firsT Donoures and Founders of those Churches should haue as free a disposition and donation of those lands and possessions now as his and their progenitors and auncestours ever had And seeing it is manifest that the lands possessions of Archbishops Bishops Deanes and Chapters doe not for the most part nowe a dayes serue for those good vses for the which they were first granted namelie to enforme the people in the law of God to keepe Hospitalities Almes and other workes of charitie but partlie for the vse of chaunting and singing in the Quyers partlie to vayne idle superfluous and pompous vses the King can not do a better and more charitable deede then to convert parcell of the same landes and possessions thus by defect of the condicions not performed returning to their first nature to and for the necessarie perpetuall provision of learned able preaching Ministers to bee planted in Parochiall churches nowe destitute of sufficient Pastoures for want of sufficient maintenance naye sit hence Archbishoprickes Bishoprickes other Prelacies by the verie expresse letter of the statute are said to be founded to supersticious vses viz. for the soules of the founders their heyres and of all christian the same reason whiche led Kinge Henrie the eight his Nobles and Parleamentes to dissolve Abbayes and Monasteries the same reason also which moved King Edward the sixt with his Nobles Parleament to dissolve Colledges free Chappels and Chauntries the same reason may be a sufficient reason to perswade our Soveraigne Lord King IAMES that now is with his Nobles and Parleament to dissolve Archbishoprickes Bishoprikes Deanries c First to the end these Prelacies and Dignities may never in anie succeding ages serve to anie such superstitious vses as wherevnto they were at the first erected Secondlie that the King having them al in his owne hands and free disposition may be the onlie Foundor and Donour of so many new Bishoprickes as might please him to erect endowe with such liberall and covenable endowmentes as might serve for learned Evangelicall Bishoppes to enforme the people in the holy Evangill of Christ to keepe hospitalities almes and to doe other workes of charitie rather then to be expended as now for a great parte they are vpon the keeping of great horses coroches and troupes of serving idlers The commutation then whereof we speake and which wee most humblie commend to the consideration of the King is viz That parcell of the temporall Landes possessions of Archbb and Bishoppes togither with all the landes and possessions serving to the mainrenance of idle Ministers and idle Songsters in Cathedrall and Collegiat churches the Collegiat churches of Eaton and Winchester and the Cathedrall and Collegiat churches in Oxford Cambridge excepted by an equal and reasonable proportion may bee made with such impropriations as belong to the King the Nobles Commons Colledges Hospitals Scholes c. Provided as before hath bin said that there may be a liberall and couvenable endowment for the learned Bishops or Pastors to be continued and placed in all the chief and principall townes cities of the Realm And that the impropriations of Parochiall churches may for ever be livings for the Ministers of the same churches And therefore in the iust defence of the innocencie of all such as require a godlie and religious reformation wee say that they ought not to haue ben traduced before the Kinge
did neuer yet stande by the authoritie of the three Estates I will take his meaning to be that the statute lawes of England to this day haue stood by authority of the three Estates which to alter nowe by leaving out the one c. and then therevnto I aunswere that not any one of the three The bringing in of the discipline by pastours and elders is not the leauing out of Parleament any one of of the three Estates Estates should be left out or barred frō having authoritie in making and promulging statute lawes though the goverment of the Church by Pastors and Elders were brought in For we which so much cry as he saith for this maner of gouerment to be planted are so farr from exempting or excluding any one of the three Estates from their auncient power priviledge and preheminence in the making of statute lawes as that we pronounce him to bee guilty of high treason to the King and to the Realme that avoweth the contrary And we affirme directly and confesse plainly that it belongeth onely wholy and altogether to the three Estates as well to roote out and to pull vp whatsoever goverment is not iustifiable by the holy law of God as also to plant to setle whatsoever discipline is warrantable by the same law And to speake as the thing is how were it possible to haue the discipline by Pastors Elders planted by authoritie of the three Estates if one of the three Estates should be left out Or can it be imagined that any one of the three Estates would euer consent to the bringing in of such a governement of the Church as whereby the same goverment being once brought in the same estate should ever afterwards cease to be any more an estate Besides we acknowledge that all powers are of God therfore euery one of the three Estates being a power wee graunt that the same hath his stateship by the authoritie of God And if all the three Estates be lawfull by the holie law of God how can it be verified against vs that we which vrge the same holy law for the bringing in of the discipline by Pastors and Elders should notwithstanding contrary to the same law intend the leaving out or altering of any one of the three Estates But which of the three Estates was it that he ment should be left out I trow there The state of the Prelacie is not one of the three estates in Parleament is none of the state of Prelacie so ill advised as to take vpon him the proofe of this position viz. That the Lords spirituall by them selves alone doe make one of the three Estates or that the statutes of England to this day haue stood by their authorities as by the authoritie of those who alone by themselves are to be accompted one of the three Estates For if that were so how much more thē might the great Peres Nobles and temporall Lords chalenge to make by them selves an other estate And without contradiction to this day the Commons summoned by the Kings writ haue ever bene reckoned a third Estate Now then if statutes haue hitherto stood by authoritie of the Lords spiritual as of the first Estate by authoritie of the Lordes temporall as of the second Estate by authoritie of the Commons as of the third Estate I would gladly be resolved what accoumpt the Admonitor made of the Kings Estate It had not bene liegnes nor loyaltie I am sure howsoever hee spake much of the Lords spirituals duty and fidelitie in the execution of our late Queenes lawes to haue set her Royall person authoritie and State behind the lobby at the Parliament doore Either the Kinges Royall person then as not comprised within the compasse and circumscription of the three Estates by his meaninge which had bene but a very bad meaning must be thought to haue bene hitherto secluded from authorizing the statute lawes made in Parliament Or it is a most cleare case that the Lords spiritual them selves alone do not make any one of the three Estates And what matter then of more weight may it happelie seeme to be to alter the authoritie of the Lords spirituall and to leaue them out of the Parliament when as notwithstanding they being left out the statutes of England may remaine continue by authoritie of the three Estates And it were not amisse for the Lords spirituall to consider that the bodie and state of the weale publike both now is and euer hath bene a perfect entire and complete body and State without the body and state of Prelacie And that the King the Nobles Commons of the Realme without Prelates Bishops or Clerckes do make vp all the members and parts of this body and of this state and may therefore ordaine promulge and execute all maner of lawes without any consent approbation or authoritie yeelded vnto the same Anno 36 H 8. fo 58. b. Anno 〈◊〉 j. fo 93. 2 by the Bishops spirituall or any of the Clergie And thus much our Divines Histories Lawes do iustifie Sir Iames Dier Lord chiefe Iustice of the cōmon pleas in his reportes telleth vs that the state and body of a Parliament in England consisteth first of the Kinge as of the head and chief part of the body secondlie of the Lordes as principall members and lastlie of the Commons as inferiour members of that bodie By a Statute of provisoes it appeareth 25. Ed. 3. holy church founded in the state of Prelacie by the King That the holy Church of England was founded into the state of Prelacie within the realme of England by the grandfather of King Edward the third and his progenitours and the Earles Barons and other Nobles of the Realme and their Auncestors for them to enforme the people of the law of God These vses are changed to the keeping of great horses great troupes of idlers with long hayre and great chaines of golde to make Hospitalities and almes and other workes of Charitie in the places where the churches were foūded From whence it followeth First that the Archbishoppes Bishoppes onelie alone doe not make of themselues any state of Prelacie but that the whole holy church of England was founded into a state of Prelacie Secondlie it is playne that the 6. Eliz. c. ◠Kings of England before they and the Earles Barons and other Nobles and great men had founded the holy church of Englande into a State of Prelacie ought and were bounden by the accord The Kinge boūd to doe lawes made without assent of Prelates to bee kept as laws of the realm of their people in their Parleaments to reforme and correct whatsoeuer was offensive to the lawes and rightes of the Crowne and to make remedy and lawe in avoyding the mischieves damages oppression and greevances of their people yea and that the Kings were bound by their oathes to doe the same lawes so made to be kept as lawes of the
holy Gospell harboured onely by the Queene the Lords temporall and commons what more playne euidence or better proofe can there be that the Lords spiritual by any necessitie be neither principalls nor accessaries neither branches nor buddes neither hanginges nor sealings nor anie furniture for the house of Parleament And of this opinioÌ„ are the soundest Historians and sincerest Divines of our age In the fifteenth yeere of King Edward Act. Mo. fol. 320. the third saieth Maister Fox divers petitions being put vppe in Parleament against provisions comming from Rome the Kinges answere and agreement was made in forme following viz It is agreed by the Kinge Earles Barons Iustices other wise men of the Realme That the petitions aforesaid be made in sufficient forme of law Where it is to be noted saith he that at the graunt hereof the consent of the Bishoppes is neither named nor expressed with the Lords of Parleament and yet the Parleament standeth in his full force notwithstanding At an other Parleament saith he William Wicham Bishoppe of Winchester Act. Mo. 525. for a slaunderous report savouring of a contumelious lye and proceeding of a subtile zeale meaning falsehoode was so by the Duke of Lancaster pursued that by act of Parleament hee was condemned and depriued of all his temporall goods And this seemeth to haue bin done saith Maister Fox without assent and against the willes of the Lords spirituall for afterwarde at an other Parleament great sute was made by the Cleargie for deliverance of the said Bishoppe and being asked a subsidie in the Kings behalfe with great lamentation they complayned for lacke of their fellow and brother of Winchester and denied to ioyne them selves in anie tractation of anie such matter And in another ParleameÌ„t holden at Yorke in the sixt yeere of King Edward the third all Act. Mo. 519. such lawes as then passed and were coÌ„cluded by the King Barons and Commons were good notwithstandinge the absence or malice of the Lordes spirituall For it is recorded saith he that onlie the Archb. of Yorke the Bishoppe of Lincolne and the Abbottes of Yorke Silby were there present In a booke intituled the burninge of Paules church in London 1561. and in the fift question moved by a papist it is said that this maner of ministration of Sacramentes set foorth in the booke of coÌ„moÌ„ prayers was neuer allowed nor agreed vpon c. no not by the Clergie of Englande at the last Parleament but onlie it was agreed vpon by the Laitie which had nothing a doe with spirituall matters or causes of religion Wherevnto the Reverend Father Maister Pilkington M. PilkingtoÌ„ Bishop of Duresme Bishop of Duresme aunswering was there not saith he a disputation for Religion appointed by the Queenes Maiestie wherein your Clergie was affraid to vtter their foolishnes in defending their superstition least they had taken more shame in answering theÌ„ they did in holding their peace I thinke the Vniversities with so manie places of the Realm receiving religion these other disputing for it may be counted to bee some part of the Clergie of the Realme And so it was not receyued without consent of the Clergie But these were not of the Parleament What then But as Ioash Iosaphat Ezekias and Iosias did not make a new religion but restored that which was defaced had long lien buried so our Parleament did not set forth a new religion but restore that which was godlie begane vnder the good King Edward confirmed by the Parleament and Clergie then c. But nothing can be concluded as a lawe by Parleament say they without consent of the Clergie there present But this havinge not their consent can not be counted a law as they thinke I had rather saith Maister Pilkington leaue this to bee aunswered by the Lawiers then otherwise Yet that the world may see that some thing may be saide in it we graunt him not this to be true that no law at all can be made without consent of Bishoppes Looke your old statutes of Parleament when Bb. were highest afore Edward the third and yee shall reade that they passed by the consent of the Lords temporall and commons without any mencion of the Lords spirituall which statutes many of them stand in strenght at this day Then it may well be gathered that the consent of the Clergy was not alwayes so necessarie as they thinke it The Lawyers Iudges and Iusticeâ—s put in practise execute these lawes therfore their doinges may bee a sufficient reason to lead the vnlearned what opinion they haue of these statutes For Religion except Iustice Raftall first executing that and afterward runing away may condemne the rest which I trust he may not I thinke they would not execute them except they had the strength and nature of lawes If they doe contrarie to their knowledge and opinion they can not bee able to answere their doings but I thinke no wise men are of this opinion Only these corner creepers that dare not shew their face and would deceyue the people goe about to deface all good godly order that displeases them In the dayes of King Edward they had the like fonde opinion that the Kinge could not make lawes in his minoritie vntill he came vnto full age and to make the people to disobey their Prince Hetherto Maister Pilkington Lorde Bishop of Duresme with whom the most worthy learned Maister Iewell late Bishop of Salisburie M. Iewel B. of Salisbury agreeth in every point The wise and learned saith he could haue told you that in the Parleaments of England matters haue evermore vsed to passe not of necessitie by the speciall consent of the Archbishops Bishops as if without them no statute might lawfully be enacted but onely by the more part of voyces yea although the Archb. Bishops were neuer so earnestly bent against it And statutes so passing in Parleaments onely by the voyces of the Lords temporall without the consent and agreement of the Lordes spirituall haue nevertheles bin alwayes coÌ„firmed and ratified by the Royall assent of the Prince and haue bene enacted and published vnder the names of the Lordes spirituall and temporall Read saith he the statutes of K Edward the first there shall ye find that in a ParliameÌ„t holden at St Edmondsbury the Archbishops Bishops were quite shut foorth and yet the Parleament held on and good and profitable lawes were there enacted the departing or absence or malice of the Bishops spirituall notwithstanding In the recordes thereof it is written thus Habito Rex cum suis Baronibus Parliamento Clero excluso statutum est The King keeping a Parleament with his Barons the Clergie that is to say the Archbishops and Bishops beeing shut foorth it was enacted c. In provisione de matrona in the time of King Edward the third whereas matter was moved of bastardy touching the legitimation of bastards borne before mariage the statute passed wholy with
the Lordes temporall whether the Lordes spirituall would or no. And that contrary to the expresse decrees canons of the church of Rome And thus much the most reverend and godly Father Maister Iewell Bishop of Salisbury wherefore to conclude this point against the Admonitors position I dispute thus All those persons who by any necessity are none of the three estates and by whose authorities the statutes of England to this day haue not stood to leaue out the same persons may happely seeme a matter of lesse weyght then all men doe iudge it But the Archb and Bb. are such persons as by necessitie are none of the three estates and by whose consents the statutes of Englande to this day haue not stood Therefore to leaue out the Archb and Bb. may happely seeme a matter of lesse weight then all men doe iudge it If our Evangelicall Bishops be of that opinion of which the Popish Bishops were viz that the house of Parleament is an vnfit an vnmeete place to haue the holie cause of the religion of God debated and concluded vpon and that the Layitie without the Clergie ought not to conclude any thinge in religion that in respect hereof their presences their voyces and their assents are necessarie in the Parleament If our Evangelicall Prelates I say make this obiection then besides that hereby they vnseemely vnmannerly vnchristianly accuse the whole land of ignorance and blindnes in religion supposing neither King nor Nobles nor Commons to be able to discerne betwene night and day besides this I say so shamefull an abuse of a whole Christian nation I would pray them to remember what the most reuerend Fathers Maister Pilkington Maister Iewell haue aunswered to such cavillous slaunders For what els intended they by many examples proofes brought for the Parleamentes of England consisting of the King the Nobles and the Commons to be lawfull Parleaments and to haue right to establish religion but to iustifie against Popish scoffers that religion might be receyued established in Parleament notwithstandinge the absence or exclusion of the Clergie Besides since our lawes do vphold the state authoritie of the Convocation Matters of religion not concluded in Parleament before the same bee consulted of in conuocation house for the examination of all causes of Religion surely it can not be truely averred that it is necessarie for Evangelicall Bishops to be members of the Parleament house least controversie of religion should be handled and discussed without them For how should any matter of religion bee concluded without them in Parleament when first of all the same is to be argued among them selves in convocation or let them hardely if they can shew any one instance of any change or alteratiō either from religion to superstition or from superstitiō to religion to haue bin made in Parleament vnlesse the same freely at large haue bene first agreed vppon in their Synodes and Convocations And what booteth it then to haue a double or treble consultation and consent of Archbishops Bishops in Parleament Is the holy cause of God any whit bettered by their Bishops riding from Paules to Westminster Or can it receiue any more strength by their walking from Westminster Church to Westminster Pallace Nay it hath bene oftentimes so farr from being promoted by their Bishops as not onelie in their convocations but also in the Queenes Parleaments the same hath ben shamefully intreated and taken the foile as may witnesse the bill for the better observation of the Sabboth 27. Eliz. which beeing passed by both houses of Parleament was notwithstanding gainesaid withstood by none so much as by certayne Evangelicall Bishops which as there all men generallie conceaved was onlie stayed from being made a law by the Queene vpon their counsell and perswasion Admonition It hath bene alwayes dangerous to pick quarels against lawes setled Pag. 78. Assertion And is it not morbus hereditarius in Steuen Gardeners argument and the Admonitors argumēt in effect one Prelates to picke quarrels against reformation of errours For even this did Steven Gardener reason against the Lord Protector That in no case sayth Steuen Gardener is to bee attempted of the Lord Protector which may bring both danger to him and trouble to the whole Realme But innovation of Religion from that state wherein King Henry left it may bee and is like to bee dangerous to the Lord protector to breed troubles to the whole Realme Therefore innouation of Religion from the state that King Henry left it is in no wise to be attempted And even of this stāpe of this streyne is the argument of picking quarrelles against lawes settled for thus in effect he argueth That Discipline in no case is to bee brought into the Church by the Kinge Parleament which may be dangerous to lawes setled But to bring into the Church the Apostolicall discipline may bee dangerous to lawes setled Therefore the Apostolicall Discipline in no case is to bee brought into the Church by the King Parleament But forasmuch as that noble and religious Lord Protector notwithstanding Steven Gardiners sophistrie continued constant and couragious in the abolishment of Poperie and superstition which King Henrie left did without dangerous alterations of lawes then settled innovate religion How much more now may the Kings Maiestie the Lesse dāger to reforme the Church by newe lawes then to continue corruptiō by old lawes Lords and Commons in Parleament attempt with effect an innovation of that state of Ecclesiasticall goverment wherin the Queene left the Church And if it can not be denied but it had bene farre more daungerous for the Realme and for the Lord protector not to haue setled the holy doctrine of the everlasting Gospel by new lawes then to haue mainteyned and continued antichristianitie by old lawes how should it bee lesse danger for the King in these dayes to continue corruptions in the Church by tolleration of old lawes then to haue the same corruptions reformed by establishment of new lawes But vnto whō or vnto what hath it bene daungerous to picke quarrelles against lawes setled What Hath it bene dangerous to lawes setled No. For how should lawes setled be indangered by quarelers sithence quarellers are euermore in daunger of lawes settled Or hath it bene alwayes dangerous for a King for a State for a people or for a Countrey to picke quarelles against lawes setled No. For what man is he or what face carieth he that dare vpbrayde a Countrey a people a State or a King minding to vnsetle evil lawes euill customes to be quarelers against lawes setled Let it then onlie be daungerous for private persons vpon private malecontentment to picke quarelles against good lawes wel rightly setled and let it not be hurtfull or dangerous for supreame Kings powers and Principalities by publicke edicts to alter evill lawes evilly setled For to what other end should evill lawes evilly setled
godly vses how the same may bee best imployed And let the Discipline loe these sage Counsellours were all Disciplinarians be reserved vntill that time For they whose frowardnes hath bene publicke and tending to the common offence of the Church let such be recalled to the acknowledgement of their faultes and let them publicklie for the same be censured that the Church by their wholesome coertion may be brought in good frame Afterward let the Minister going apart with some of the Elders take counsell how the others whose manners are said to be lewd and whose life is saide to be full of mischiefe may first according to the commaundement of Christ in the Gospell come together be communed with by sober and discreete men and with a certeine kinde of brotherly loue By whose admonition if they shall reforme themselues thanks are diligently to be giuen vnto God But if they shall proceed foorth in their wickednes they are to be bound with that sharpe payne which by the Gospell wee know to bee prepared for contumacie And when the force and vehemencie of excommunication shal be shaken first let the Bishoppe be sought vnto who if he shall consent and oppose his authoritie let the forme of excommunicatiō be dispatched before the whole church that we may bring in as much as may be the auncient Discipline Thus much haue these most Christian Disciplinarians and renewers of the auncient Discipline by Pastours Elders and Deacons both written and spoken And yet haue they sounded neuer a word to the finding of Elders and Deacons by the Parish nor by hauing men of occupatiōs to leaue their busines to attend vpon matters of the Church For men thus meeting together once onely in the weeke and that vpon the Lords day and that onely within their owne parishes and without payment of any fees may very well notwithstanding these attendances giue themselues wholie all the weeke following to their ordinary vocations And therefore against his not able to find one tollerable Minister much lesse to find a company c. I conclude thus No Parish in England shall be burdened to find so much as one Seniour or Deacon Therefore much lesse shall euery Parish bee burdened to find a company of Seniours c. Where the Admonitor complayneth Tollerable and intollerable Ministers that many parishes are not able to finde one tollerable Minister we would gladlie learne by what brand tollerable Ministers are knowne from intollerable Ministers according as the Lords spirituall iudge or iudge not of tollerable vntollerable Ministers For if all reading Ministers as nedes with them they must be or ells why doe they tollerate them bee tollerable Ministers what a vayne and idle distinction hath he coyned touching the scarcitie of maintenance for tollerable Ministers Considering all Ministers by intendement of lawe be able to reade and considering also a verie small maintenance is esteemed to be a tollerable maintenance for reading ministers For ells why doe the great Bishoppes in their great Churches of Cōmendames and the rich Doctors in their rich Churches of non residencies make so small allowances to their reading and stipendarie Curates And where then is that parishe in Englande that is not able to mainteyne a tollerable Minister The next argument that the people might not choose their Pastours Elders Pag. 78. and Deacons as is required is drawen partlie from a feare that the same wil be a matter of schisme discord and dissention in many places partlie from affection and want of right iudgement of the people partlie from the vnrulines of the parishes and partlie from the broyle and trouble which may follow Assertion Vnto this obiection if I should aunswere nothing at all but onely should The obiectiō of feare c. answered deny that any feare or any other inconvenience at all pretended in this place is to be feared to ensue my simple negation were more to be tollerated then his simple affirmation for by the canon lawe non inficienti sed ponenti incumbit onus probandi And yet because the Lord hath spoken vnto Iosua in him vnto Doct. in c. 6 cui depreb Lib. 2. vs all that wee should not feare nor bee discouraged to obserue and to doe all that is written in the law for then sayth the Lord shalt thou make thy way prosperous and then shalt thou haue good successe therefore in the word of the Lord I say that none of all this feare broyle trouble or turmoyle is to bee feared at al. Nay that it is most assuredly and without all doubt to bee hoped looked for that he would so blesse the attempt of putting his order in execution as that the peoples approbation and allowance of their Ministers should bee a matter of all peace quietnes vnitie concorde good successe and prosperitie to the whole Church of God in England For what an heathnish incredulitie were it for vs to replie vpon the erroneous conceyte of a timorous and suspicious fancie that feare and I wot not what vnrulines vnquietnes shall follow when we receyving the lawes of peace from the Prince of peace haue his most stable trueth that his peace shall rest vpon vs and that all feare and evill successe shall cease and vanish away No busie headded body therefore shall bee able to leade any man away to disquiet either Church or common Wealth otherwise then as the Church in all ages by the malice of Satan and his instrumentes hath euermore bene disquieted if once the holy law of the Gospell touching this point were obserued put in vre And if it be feared that the choyce to be made by the people of God and which is allowed vnto them by the holy lawes of God would proue to be a matter of schisme discord and dissention howe much more reason haue wee to feare that the fire of schisme discorde and dissention being blowen alreadie should not break out and flame among vs if still one man alone be suffered to thrust vpon the people of God not tollerable Ministers accordinge to Gods heart but intollerable ministers according to mans tradition The Admonitor hath insinuated vnto vs often in this admonition that it is dāgerous to innovate And so I say too vnlesse there be evident M. de cōstitu prim L. 2 vtilitie of innovation For saith the Emperour in rebus novis constituendis evidens esse vtilitas debet vt ab eo iure recedatur quod diu aequum visum est But is it not as perilous yea sometimes much Dangerous to innouate vnlesse there bee euident vtility of innovation more perilous not to innovate for proofe whereof it shall suffice to take witnes of our owne times of our own experiences It seemed equal a long time and for many yeres that the sacrifice of the Masse with all the pelfe and trumperie thereof should not once be spoken against But we all know that the abandoning thereof hath not yet brought any perilous
carefullie vse this his freedome And therefore he may not wholy and altogether put from him selfe and expose at haphazard the provision education instruction dieting appareling and lodging of his wife his sonnes his daughters and his servaunts vnto strangers neither may Husbandes Fathers nor Maisters giue their consent to the making of anie lawe or the bringing in of anie custome whereby their freedomes should be restreyned adnihiled or made voyde in this behalfe For by thus violating the rules and grounds by thus treading as it were vnder foote the equitie of Christ and the freedome they haue by the lawe of God should they not most prophanelie and impiouslie despight God and as it were over turne the whole order he hath set in nature And if the people may not cast off these rules and these groundes this equitie and this freedome in thinges apperteyning to this frayle bodily transitorie and earthlie life howe much lesse may they cast them off or sett litle by them in things apperteyning to the salvation of their soules and to a durable spirituall everlasting and heavenlie life But the peoples right to choose their Obiection that the peoples right did neuer depend vpō the expresse commandemēt of God Bishoppes did never depende vpon the expresse commaundement of God neither can the people chalendge by Gods law the right to chose their Bishoppes I meane saieth he no such thinge is expressed and conteyned in the Scriptures What then if it doe depend or bee conteyned vnder the generall groundes and rules of reason nature christian equitie christian societie principles of humane fellowshippes the law of God the practise of the Apostles and that which was from the beginning Is it not sufficient Though it bee not expressed in these termes viz That the people must chose or that the people haue right to choose their Bishoppes It is not expressed and conteyned in the scriptures that everie man must choose his owne wife or that everie woman must choose her own husband And yet by the doctrine expressed or conteyned in the scriptures is it true that no man hath right either to choose an other mans wife or to choose an other womans husband And that everie man hath right to chose his owne wife and every woman right to choose her owne husbande Againe it is not expressed and conteyned in the scriptures that infantes must bee baptized Neither is it expressed and conteyned in the scriptures that the Bishopp of Lichfield must haue but one wife Yet because it is conteyned in the scriptures that God in the beginning brought but one woman vnto one man and gaue to one woman but one husband I assure my selfe it wil not be denied but that the Bishops must and doth content him selfe with one wife and that every Christian ought to bring their children to be Baptized Besides if Maister Bilson distinguish Bishops in England from Pastors in England and arch-Arch-Bishops in England and Pastours in England two severall orders and degrees of Ministers in the Church of England then I graunt that it is neither expressed nor cōteyned in the Scriptures that the people must choose their Bishops in England And why but because the Scriptures having put no difference betwene Bishops and Pastours knowe no such Bishops as wee haue in Bishopps in England are only Bishops by the Kings grace not by diuine institution England And therfore Bishops in England being Bishops only by the Kinges grace and not by divine institution and ordination as Pastours in Englande be hence is it that the Kings of England by their prerogatiue Royall and not the people by the rule of Scriptures haue chosen their Bishops in England And for this cause also was it that Kinge Henry the eight with advise of the Parleament did reassume the nomination appointment investiture cōfirmation of his Kingly Bishops from the Pope As for the nomination of Pastoures having cure of soules in parishes otherwise Pastors in parochiall Churches were neuer placed by the King as Bb. are in their Bishoprickes then all patrones by right of patronage doe giue presentmentes their choyse institution translation or deprivation the Kings of Enland by their regall power never yet hetherto tooke the same vpon them And if the Kinges of England by any fact or by any law did never take away the right interest and freedome from the people in choosing their Pastours what right other then by vsurpation can the Bishops haue to impose or thrust vpon the people Pastours without their liking But by custome and consent the people haue restreyned them selves Herevnto if it were not already sufficiently answered that the people could not lawfully restreine them selves yet Maister Bilson him selfe answereth That the late Bb. of The people lost their cōsent by cursing fighting of the Popes Rome neuer left cursing fighting till they had excluded both Prince and people and reduced the electiō wholy to the Clergie By cursing and fighting then haue the people bene overruled and excluded and not by custome or consent haue they restreyned them selues Yea by vertue of this cursed fight onely doe the Bishoppes of Englande at this day exclude both Prince and people from medling in the choyse of Pastoures For by authoritie of the canon law made by those late cursing and fighting Bishopps of Rome the Bishoppes of Englād haue the sole ordination and placinge of Pastours over the people And from hence also is it playne that the peoples right was not by their default or abuse relinquished and forfeyted For then then late Bishoppes of Rome needed not to haue cursed and fought for it And now whether it bee not meete that the Lord Bb. professing them selues to bee Christian Bishoppes should still reteyne in their handes and not restore vnto Christian people the possession of their Christian equitie and freedome extorted from them by the cursings and fightinges of antichristian Bb. I leaue it to the consideration of the reverende Bishoppes them selues Touching the mischieves and inconveniences of schisme troubles strifes contentions so often inculcated and so much vrged and excepted against the election of the people there is no man able as I thinke to produce any one pregnant proofe out of any auncient or late Historie that any Kinge or Soveraigne power hath interposed any supreame authoritie to appease any discord or dissentiō ensuing or raised vpō the bare choise made of any meere Parochiall Pastour by any faithfull and Christian people The schismes strifes and factions that were raysed in the old Schismes contentions spring from schismaticall and proud clergy maisters Churches sprang out and flowed onely from the heads and fountaynes of those schismes strifes factions and namely from proud ambitious and hereticall Bishops and great Clergie maisters For they being infected and poysoned with the contagion of schisme and heresie having sowred the mindes of their Disciples with the leaven of their hereticall doctrines no merveile if the people
became followers of the evill maners of their teachers and no merveile if they verified the proverbe Like Maister like Man like Priest like People Eustatius Bishop of Antioch being a Sabellian hereticke Socr. lib. cap â—8 was deposed by the Counsell of Antioch after whose deposition a fiery flame of seditioÌ„ was kindled in Antioch because one sort of the common people sought to translate Eusebius Pamphilus from Caesarea to Antioch some other would bring againe Eustatius Eusebius Bishop of Nicomedia and Theognis Bishop of Nice beeing both Arians with their coÌ„federates raised skirmishes Socr. lib. 2. cap. 2. and tumults against Athanasius After the death of Alexander Bishop op Constantinople about the electioÌ„ of a Bishop there was greater sturre then ever before time and the Church was more greevously turmoyled The people were devided into two parts the one egerlie set with the heresie of Arius claue to Macedonius the other cleaved very coÌ„stantlie Socr. lib. 2 cap. 4. to the decrees of the Nicene Counsell and choose Paulus to bee their Bishop The cause of division among the Citizens of Emisa about the election of Eusebius Emisenus was for that he was Socr. lib. 2. cap. 6 charged with the studie of the Mathematickes and accused of the heresie of Sabellius After the death of Eusebius when the people of Constantinople had brought againe Paulus to be their Bishop the Arians chose Macedonius The authours and chiefe doers in that sturre were certaine Arian Bishops who before ayded Eusebius that turned vp Socr. lib. cap. 9. side down the whole state of the church These and sundry such like sturres discords factions dissentions are found to haue bin raised pursued by schismaticall and heretical Bishops their favourites followers in the olde Churches but that these or the like mischieves and inconveniences can be proved to haue fallen out by the election of parochiall Pastours in the olde churches we deny And why then should not the interest and freedome of faithfull Christian people wrested from them by cursings and fightings of faithlesse and antichristian Popes be restored to them againe And the cause ceasing why should not the effect likewise cease And therefore we humbly intreate the Lords Bishops that against the grounds of reason and nature against Christian equitie A request to the reuerend Bishoppes and society against the right freedome of the lawe of God against the principles of humaine fellowshippes against that which was in the beginning and against that which the Apostles left in the Churches by colour of lawes brought into the Church by the cursings and fightings of the late Romane Bishops they would not hencefoorth barre seclude the Kings Christian and faithfull people from giving their consents vnto their Pastours Yea and we further beseech their Lordships that as schollers vnto the Apostles and as servants vnto the olde way of reason of nature of the law of God of the equitie of Christ and of humane societie they would hereafter imbrace that way which was from the beginning which is the old way and the best way and not any loÌ„ger persist in a cursed and quareling way which is the new way and the worst way But if the Lordes spirituall A supplication to bee King by the Lords and commoÌ„s for the restitution of their right in the choyse of their Pastors of their owne accord shall not readily voutchsafe to yeelde vnto vs this our right at our intreaty then for my part I will briefly shew mine opinion what were expedient for the Lords and commons in open Parleament dutifully to pray and to supplicate at the Kings Maiestes hande Namely At the humble petitions and supplications of all his Lords temporall and Commons in Parleament assembled his Maiestie would be well pleased to giue his Royall assent to an Act to be intituled An Act for the restitution of the auncient right and freedome which the people of God in the old Churches had and which the people in England ought to haue in to or about the election of their Pastours and abolishing all papall power repugnant to the same For if as it is plainlie confessed the people of all Churches haue right and freedome by the law of God by the equitie of Christ by the grounds of reason and nature by the principles of humane fellowshipps and by that which was from the beginning to elect their Pastours and if also the same right and freedome being left to the old churches and especially to the Church at Ierusalem by the Apostles haue bene taken away by the cursings and fightings of the late Bishoppes of Rome then can not the people without violatioÌ„ of those lawes rules grouÌ„ds by any Episcopall power bee anie more excluded from their said right and freedome then could or might the ancient iurisdiction of the Crowne of England haue bene still vsurped by the Pope froÌ„ the Kings of Englande Admonition But alas the common people of Englande thorough affection and want of right iudgement are more easily wrought by ambitious persons to giue their consent to vnworthie men as may appeare in all those offices of gayne or dignity that at this daye remayne in the choyse of the multitude Assertion The Admonitor in one place of his admonition telleth vs that he must not put all that he thinketh in writing and yet he writeth in this place that thinge which might farre better haue bene vtterly vnthought then once written For could he thinke to winne the common people of England to a continuall good liking of high and stately Prelacie by vpbrayding and charging them to their faces in a booke dedicated vnto them with affection and wantinge of right iugement Was this the way to procure grace favour and benevolence at their handes And albeit this slaunder deserued rather to haue bene censured by the Commons in Parleament then by confutation to haue bene answered yet for the better clearing of the right iudgement of the common people givinge their consents to most worthie men in all offices of gayne or dignitie remayning in their handes I thinke it necessarie to shew the indignitie of this contumelie There be I confesse in London Yorke Lincolne Bristow Exceter Norwich Coventry and other principall Cities and Townes corporate Mayors Sheriffes Stewardes Recorders Baylifes ChaÌ„berlaynes Bridge-maisters Clerks Swordbearers Knightes Burgeses and such like offices some of dignitie and some of gayne but that the officers of these or any other places whether of dignitie or gaine be chosen by the multitude of those places is vtterlie vntrue for onely accordinge to their auncient customes priviledges and Charters by the chiefe Citizens Townsmen and Borough-maisters are those officers chosen The number also of which Electors in all places is not alike In London the Aldermen choose the Lord Mayor In other Cities and Townes sometimes eight and fortie sometimes fourteene sometimes twelfe sometimes only such as haue born office as Mayors Sherifes or Baylifes in the same places
before such time as he did heare or see the Parish Clerke to trudge with the Church-dore keyes to let in the Sextin to ring the bell for the saide Parson or Vicars induction and reall possession And if the people of every Parish had their consents in the choyse and approbation of their Minister were it possible to haue lesse acquaintaÌ„ce with him then this For we avow that the people ought not to giue their consents vnto any Pastour before they haue seene him before they haue heard him devide the worde before they haue procured a good testimonie of his gifts from those who by the worde haue interest to approove him and lastly before they haue gotten sufficient notice of his condition estate conversation birth education and life Wherefore these thinges being carefully and diligently searched into not by one but by many not for a fee but of duty not for reward but for conscience not for one day but for many dayes I trust it will not still bee holden for an oracle that the people should haue as litle acquaintance with their Ministers as now they haue As for the seconde point that farre No partiall suits caÌ„ follow the election of Ministers by the people greater occasions of partiall suits should follow this manner of common electioÌ„ whereof we speake then nowe there is this is also I say not true nay that farre lâ—sse occasion of partiall suites should follow then now there is this I saye is true For by this meanes all partiall suites now happening may eyther bee extinguished or with lesse charges pursued then now they be For there can bee no suites much lesse can there bee anie partiall suites when neither Plaintif nor defendant may be fouÌ„d where also there can lie no writ nor any action be commenced For who be the parties betweene whom these partiall suites should arise Be there many Ministers who for one place and at one time are found meete for the same And do they sue and contende one against another which of them should possesse the place or should these so many partiall suites consist betweene the inhabitants of one Parish one part leaning to one side and another part cleaving to the other side Touching the Ministers we affirme that none may or ought to sue or sollicit any mans voyce directly or indirectly much lesse to labour for a place of Ministerie And therefore we desire by an irrevocable law according to the manner of the Medes and Persians to haue it enacted That as well every procurer and labourer for a voyce as also every suitor and sollicitor for a place of Ministerie bee adiudged ipso facto incapable for ever of the same place For the second touching partiall suits to arise betwene the No occasion of partiall suits about election betweene parishioners Parishioners about the election of their Pastour these suits for ought I yet conceaue wherein I graunt I may erre and conceave too litle may easelier bee dispatched then bee once begunne Parishioners ordinarily in the Countrie sue not ne molest one the other for pleasure but for profit they are not so lavish of their purses nor so carelesse of their thrifts as to iangle in vaine when before hand they know there is no hope of gayne And in deed what advantage or what pleasure should Ancientes divided against Ancientes and chief men distracted against chief men in a Parish about the election of a Minister reape by such a division and distraction Besides by our daylie experience wee haue learned that verie rarely or not at all about elections made by the people of any officers eyther in the Countrie or in Cities and Townes anie variance or partiall suites haue bene stirred betweene the Electors For though some times perhappes they varie in their iudgementes one from another yet rest they more wise provident then to empaire their owne estate to advance an other mans reputation And if in former times there hath no occasioÌ„ of partial suits touching publike Officers in the common weale No partiall suites can be among parishioners when one only is propounded to bee chosen by them fallen out betwene the people when out of a multitude they haue chosen one much lesse can there be any occasion of partiall suits if onlie there remaine but one to be chosen to be a Church-Officer For if all the ancients agree to chuse that one then is all the suite about him ended and if the greater part disagree yet this their disagreement can bee no occasion to breed and nourish suite and contention And why first because no other cause by the greater part ought to bee alleaged to withdraw their consent but only such a cause as the law should precisely allowe in the same case to be a iust cause Secondly because this iust cause before the day of election ought to be made known vnto the Magistrate and by him to bee approved so that if the greater parte vpon the day of election shall dissent not having before hande alleaged and provided a iust cause of their dislike the voyces of the lesser part as being supposed the better part shall prevaile confirme and make good the election Oh! heere is much saide my Lordes spoken of a choise election to be made by the Ministers people by proofes to be made before the Magistrate but here is not any one word spoken or any mention made of the Patrone of the Bishop or of the Archdeacon of presentation institution or induction And what an alteration and innovation would that bee and what a dangerous attempt were it to alter lawes setled and that Patrones should be curbed and that Bishops and Archdeacons should not medle in these businesses any more Well then to wipe away as much as in me lyeth this cavillous reproch obloquie from the servants of God who are chalenged to bee newfangled giddie-headed fanaticall spirites strange innovators and desirers of perilous alterations to wipe away I say this slaunder If it may please the King with his The forme of Church policie now in practise by the Bishops the platforme of Church policie desired to bee planted by Pastours compared together Princely wisdome to conferre the forme of pollicie now in vse and practise touching ordinations presentations institutions and inductions by Bb. Patrones Archdeacons with the maner of that platforme of Discipline coÌ„cerning the substance of these things which is propounded And if the Propounders preferre but the commaundement of God before the traditions of men but the Kings Crowne before the Bishops Myters but a feast of fat things yea of fatt things full of marrow before leane spits and emptie platters but a feast of wines yea of wines fined and purified before sower vntoothsome whey I hope his Maiestie will gratiouslie vouchsafe so to protect the propouÌ„ders being his faithfull loving and obedient subiectes as that hereafter they shall not be charged with any moe so vniust and scandalous imputations
The practise and pollicie then nowe in vse is after this and this manner The Bishoppe oftentimes at his pleasure beside the lawe nay rather against the expresse letter of the law and publike Canons of the Church not onely ordeyneth Ministers alone without assistantes of such number of Ministers as is required but he also ordeyneth them for the most part when there is no place of ministration Inconveniences of Bishoplie ordination are these pestering of the churches with vnlearned Ministers Vnlawfull gaine for letters of orders the breach of many good lawes voyde Now the budds which to the grief of many godly men and to the obloquie of the Professors of the gospell haue sprong from this manner of ordination haue bene these viz The publique breach of many good lawes the pestering of the Church with multitudes of vnable Ministers togither with much vnlawfull gaine by immeasurable exaction of money for letters of orders For it can not bee denied but the Bishopes Secretarie Gentl. -vsher grome of his chamber Butler Pantler Porter and other the Bb. menialls besides his owne his Registers fees his Clerke for expedition doe vsuallie all or most of them chalenge receyue fees some more some lesse before the poore Minister with his box of orders can be suffered to passe by the Porters lodge these are the fruites of the Bb. sole ordination The suites which haue growen daylie doe growe by the Patrones presentation Suites betwene the Patrone the Bishop to the Bb. haue bin and are these Sometime contention suite in law betwene the Patron and Bishopp for disallowing the Patrones Clerke for non abilitie or as being criminous Sometime if two Patrones pretend right of patronage if one of their Clerkes be instituted the other reiected as necessarilie it must Suites betwene Clerk and Clerke come to passe for one wyfe can haue but one husbande then followeth suite at lawe betweene the Clerke refused and the Clerke admitted wherein also the B. is made a partie by a writ of quare impedit Suites betwene the Bishop and the Clerke sometime suite falleth out betweene the Clerke presented and the Bb. when the Clerke calleth the Bb. by a double quarrel before the Archb. for not grauÌ„ting institution and sometime also likewise debate is moved law attempted betweene the Clerke instituted and the Suites betwene the Clerke and Archdeacon Archdeacon who knowing the church not to be vacant refuseth to execute the Bb. inductorie mandat For many times vpon pretence that the Church standeth voyd being in deed ful the Patron vpoÌ„ suggestion graunteth a presentation and the Bb. also institution whiche if the Archdeacon refuse to execute then besides the discord betweene the Bb. the Archdeacon for coÌ„tempt of the Bishops mandat he who pretendeth title by vacancie Suites betwene the Bishop and the Archdeacon thinking to haue right though a reall incombent be in possession bringeth their two titles to be tried in the ecclesiasticall Court but before the matter caÌ„ be finallie senteÌ„ced by that Court many foule riotts breaches of the Kings peace vnlawfull assemblies vpon entries Riots and breaches of the Kinges Peace and keeping possessions doe ensue as was wel inough latelie knowen in the case betweene Rogers and Baker for the title to the Parsonage of Barby in the Countie of Northampton Howbeit let it bee supposed that none of these variances in law fal out betwene the Bb. and the Patron betwene the Bb. and the Clerke betweene the B. and the Archd. betwene the Clerk the Archd. and betweene Clerke Clerke the exaction notwithstandinge of vnlawfull gaine for fees of letters of institution fees vsuallie payable to the Bb. his Officers as aforesaid for fees of the Archd. induction his Register his Clerk his Apparators fees the vnconscionable exactioÌ„ Vnlawfull fees for letters of institution c. I saye of these vnreasonable fees may seeme to be a conscionable motiue to cause better things theÌ„ these without daunger to be attempted innovated And yet these are uot all the bad eventes that happen and fall out vpon the presentation institution and inductioÌ„ now vsed But by the interest wherby the Bb. challengeth to be custos Ecclesiarum there happen as badd if not worse then these For there is no sooner a Church voyd but a post is sent in all haste with Vnlawfull fees for letters of sequestration letters of sequestration to sequester the fruites to the vse of the next incumbent Which next incuÌ„bent for the great care taken to preserve the fruites to his vse before he can obteyne to be put in reall possession must pay x. shill or a marke or more for those letters of sequestration with as much more also for letters so called of relaxation besides ij peÌ„ce iij. pen. or iiij peÌ„ce a mile for portage to the Somner And from hence is the Patrone as I take it verie much iniuried For he being as it appeareth by the statut of 25. of King E. 3. Lord Avower of the benefice ought to haue the custodie and possession thereof during the vacancie Besides many times wilfull periuries are committed by the Clerke and Periurie by the Clerke and robberie by the Patrone manie times sacrilegious robberies are perpetrated by the Patrone The Clerke when he sweareth that neither directly nor indirectly any compact promise bande or agreement hath bin made or passed by him for him or in his name to the Patron many times for sweareth him selfe And if the Clerke be presented to a Vicarage then the Bishop if hee Every Vicar sweareth or ought to sweare to be resident be faithfull to the law sweareth him to bee resident vppon the same Church Which oath notwithstanding is afterwards broken when as the same Vicar accepting an other benefice and retaining withall the former by purchase of a dispensation betaketh him selfe to be resident vpon his second benefice and so by nonresidence from his first Vicarage committeth periurie Touching the Patrons robbery thus it is and thus Patrones robberie many times hath it fallen out The Patron when at the handes of two three or moe such periured Clerkes he hath time out of minde possessed the mansion house or gleebe-lande of the Parsonage finally in time spoiled the Church both of the house and glebe-lande the glebe-land being often intermingled with his own inclosed grouÌ„ds he possesseth theÌ„ as his own inheritance and in steed of the Parsonage house eyther he buildeth an other new or ells hireth some cottage or farm-house for the Parson and his successors to inhabite in These abuses we see are many and yet besides these coÌ„tinuing at this day in the goverment established there remayneth Chopping of benefices despensations c. others as foule as grosse as any of the rest which is the too too inordinate and licentious chopping and chaunging of churches from Minister to Minister for dispensations coÌ„mendâ—mes
perinde vares pluralities non residencies wherin not the people to be taught but their owne backes and bellies to bee clothed and fedde is wholy respected Now theÌ„ that this manner of goverment wherin the afore specified and the like discoÌ„modities daylie fall out vnder colour of not diminishing the Kings prerogatiue of not altering lawes setled of not attempting dangerous innovations of the preserving of the right of Patrones Bb. and Archd. should still be continued without any mention or remembrance to be once had of their discontinuance especiallie in the time of peace vnder a Christian Magistrate and in a state as he sayeth reformed wee humbly leaue to the wise and mature deliberation of our most Christian King and State in Parleament And we most humbly beseech the King State that indifferentlie freelie and largelie it may be argued SupplicatioÌ„ to the Kinge and State in Parleament heard and examined whether it be possible that the tenth parte of these or anie other the like disorders corruptions grievances can possibly fall out in the church by that platforme of Discipline which is required to be planted And to the end that the Kings Maiestie and the State might rightlie and perfectlie bee Petition ordinatioÌ„ c. of Ministers or Pastours howe the same may be made without Bb. or ArchdeacoÌ„s not disagree able to divers lawes alreadie setled informed and resolved of those pointes whereof we now speake viz of the petition ordination election presentation and admittance of every Parochiall Pastour to any church with cure of soules how the same may stand and not be disagreeable to diuers lawes alreadie setled and in force it is requisite that the substance of these thinges in this place bee intreated of wherein against the base office meane person of the Archdeacon we oppose the Royall office most excellent person of the King against the immoderate office and stately person of one lordly Bishop we oppose the meeke and teÌ„perate cariage of a Senat or Presbyterie of many wise learned and grave Ministers togither with a Reverend assemblie of the Ancientes and chiefe Fathers of every Church destitute of a Pastour As for the Patrones right wee are so far from diminishing any iotte of the true right which by laws setled he ought to haue as that he shall quietlie possesse his interest and that with lesse trouble and expence yea and with greater priviledge then he did before Thus therefore touching the office and person of the King the duetie of the Presbiterie people the right of the Patron and the person of the Minister to bee ordeyned thus and thus we saye and thus and thus as we think may our sayings well stand with lawes setled By an Act primo Eliz. c. 1. the King hath ful power and authoritie by letters pateÌ„tes vnder the great seale of England when and as often as need shall require as he shall thinke meete and coÌ„venient and for such and so long time as shall please his H. to assigne name authorize such person or persons beeing naturall born subiectes as his Maiestie shal thinke meete to exercise vse occupie exequut vnder his H. all manner of iurisdictions privileges and preheminences in any wise touching or concerning any spirituall or ecclesiasticall iurisdiction within this Realme of Englande Agayne by the booke of ordeyning Bishoppes Priestes and Deacons it is prescribed that the Bishoppe with their The Bb. Priests must lay on their hands Priestes shall laye their handes severally vpon the heads of everie one that receaveth Orders that every one to be made a Minister must be of vertuous conversation and without crime sufficientlie instructed in the holy Scriptures a man meete to exercise his ministerie duelie that he must be called tried and examined that he must bee presented by the Archd. and be made openly in the face of the Church with prayer to God and exhortation to the people And in a statute made 21. of King H. 8 it is affirmed That a Bishoppe must haue sixe The Bishops must vse six Chapleines at giuing of orders Chapleines at giving of orders Besides by an ancient and lowable custome the Parishes and Parish Churches within every Archdeaconrie remayne vnto this daye distributed into certaine Deanries Every Archdeacon devided into Deanries amoÌ„g the Ministers of which Deanries the Parson or Vicar of the auncientest Church commonly called the Mother Church of the Deanrie vnles by consent some other be chosen by the Ministers them selues hath the first place and is the chief director and moderator of whatsoever things are propounded in their Synodall meeting which Minister also is called Archipresbiter or Decanus curalis according to the appellation of the chief Minister of the mother or chiefe church of that Diocesse who is called Archipresbiter or Decanus cathedarlis so that vnto this day these Ministers meeting at the ArchdeacoÌ„s visitations once in a yeare at the least there remayneth in the Church of England a certaine image or shadowe of the true ancient Apostolicall conferences and meetings Wherefore from these lawes from this ancient maner of the meetinges of Ministers and of having one principal and chief moderator amongst them according to the Apostolicall practise and vsage of the primatiue church thus alreadie setled in the church of England wee humbly leave it to bee considered by the Kings Maiestie First whether it were not meete and convenient for his Highnes by his letters patentes vnder the great Seale of A Minister to be ordeined by the Bishops and a companie of Ministers at the Kings commandement England to assigne name authorize the Bishops six or moe Ministers within everie Deanerie continually resiant vpon their benefices and diligentlie teaching in their charge to vse and execute all maner of iurisdiction privilege and preheminence concerning any spirituall ordination election or institution of Ministers to bee placed in the Parochiall Churches or other places with cure of soules within Secondlie when any Parish Church or other place with cure of soules shal be voide whether it were not meete convenient that the auncientes and chiefe Fathers of that place within a time to be limited for that purpose should intimate the same vacancie vnto the office Vacancie of a benefice to be intimated to the kings office of the Kings civill Officer appointed for that Shire or Diocesse to the end the same Officer by authoritie froÌ„ the King might command in the Kings name the Bishop and other Ministers to elect and ordeine and the people of the same place to approve allow of some able and godlie person to succâ—ede in the Church Thirdly the Patrone if the same be A lay patrone insteed of varying his Clerck may present two Clerkes at one time a common and laie person having now libertie to vary his Clerk if he be found vnable whether it were not meete and convenient to avoid all maner of varying that within
the time prefixed hee should nominate at one time two Clerks to bee taken out of the Vniversities or other Schooles and Nurseries or of the Prophets that the same nomination be made vnto the Bishop and the said six Ministers to the ende that both the Clerkes being tried and examined by them the abler of the twoo might bee preferred to that charge And of this maner of presenting two Clerkes by the Patrone we haue a president not much vnlike in the statute for nomination of Suffraganes By which act every Archbishop and Bishop desiring to haue a Suffragane hath libertie to name and present vnto the Kinge two honest and discrete spirituall persons c. that the King may giue to one such of the saide two spirituall persons as shall please his Maiestie the tytle name stile and dignitie of a Suffragane Fourthly the Bb. and Presbiters hauing thus vpon triall and examination A minister found able for gifts is to be sent to the parish that his life may be examined and to haue the cōsent of the people founde one of the Patrones Clercks to be a fitt and able man to take vpon him the execution of the ministery in that Church whether it were not then meet convenient that by them hee should forthwith bee sent to the same Church aswell to acquaint the people with their iudgement and approbation of his gifts and abilitie to teach as also that for a time he should cōuerse abide amōgst them to the end his life manners and behauiour might bee seene into enquired after by their careful indeuours Fiftlie the people within a time to be perfixed not making and prouing before the Magistrate any iust exception against his life manners and conversations whether it were not then meete and conuenient that the Bishop with six other Ministers or moe of the same Deanrie authorized by the Kinge as aforesaid A man allowed for giftes and cōuersation is to bee ordeined with prayer fasting laying on of hands vnder some payne and within a certaine time should be bound in the presence of the Elders and people and in the same Church with fasting prayer and laying on of handes to ordeyne and dedicate him to the Ministerie and Pastorall charge of that Church Lastly these thinges being thus finished whether it were not then meete A Minister to be inducted into the Church by the Kinges writt convenient that the Bishoppes with the other Ministers and some of the chief of the people should giue the partie ordeyned a testimoniall vnder their handes or vnder some authenticall seale to certifie the Kings officer of the execution of his writt and that the Patron also should present the same person to the Kings officer humbly praying the same officer by authoritie to be derived from the King to cause him by some other writt to bee confirmed and really inducted into the possession of the same Church and into the mansion-house glebe-land and other profites Ecclesiasticall to the same apperteyning Oh! but this were a strange kinde of innovation and a dangerous attempt to To execute the premises no daungerous attēpt alter lawes setled especiallie in a setled estate of the Church Well well let my Lordes of the Clergie sing this song and pipe this melodie at their pleasure How be it for asmuch as this platforme in some parte thereof hath alreadie bene agreed vpon by divers Committees in Parleament in other some part thereof by lawes alreadie setled ought to haue bin practised and that in other some part thereof is an advancement of the Kings authoritie which last part also is lively pourtraicted out vnto vs by presidents from the Archbishop and Bishop them selues we shall through the grace of God and favour of the King be able well inough quite and cleane to wipe away all the spots of this calumniation And first touching the intimation and supplication to be made vnto the King Petition and intimatiō to the King agreable to laws setled that his H. would be pleased to cōmand every Minister to be presented by the patrone ordeyned by the Bb. Ministers and elected by the people and that the King being certified by them of the execution of his writt should vpon their testimoniall by another publike writt cause the Clerke ordeyned to be confirmed admitted and inducted to the real possession of the temporalities of the benefice This manner I say of intimation petition testimoniall admittance in substance and effect differeth but little from the forme of the petition nomination 25. H. 8. c. election investiture confirmation and consecration of the Arch-Bb and Bb. of this Realme For when soever the Church of Canterburie Winton or other Bishoppes sea becommeth destitute of a Pastor doth not the Deane and Chapiter of the same sea intimate vnto the King their want of a B. doth not the same Dean and Chapiter humbly supplicate his Maiesties favour and licence to elect an other And doth not the King vpon their supplicatiō by letters patents vnder his great Seale favourably grant their petition willing them vt talem eligant in Episcopum Pastorem qui Deo devotus Ecclesiae suae necessarius nobisque regno nostro vtilis fidelis existat And with the same letters patentes doth not the King sende a letter missiue conteyning the name and commendation of the person to bee elected After the election finished doth not the Deane and Chapiter intimat the same also vnto the King and humbly agayne pray the King to yeeld his Royall assent to the lord elected Wherevppon doth not the King againe direct his letters patentes of warrant to the Archb. or some other whō the King shall appoint to performe all things whiche accustomably are to bee done apperteyning to his confirmation and consecration according to the lawes and statutes of his Realme of England Lastly the consecration and cōfirmation being finished and the Bb. hauing done his homage sworne fealtie is not the Kings writt out of the Chancery directed to the Escheator to restore vnto him the temporalities of the same Bishopricke Yea and may not the Bishoppe also if it please him procure another writt out of the Chancery directed to his tenantes commaunding them to atturne and to take him for their Lord Now thē in this platform wherof mentiō hath bin made touching the placing of a parochiall Pastour any parochiall church with cure of soules being voyd when it is craved that the people of the same parish might intimate their want vnto the Kings officer and that the same officer might command the Patron to present the Ministers to ordeyn and the people according to the Kings lawes to assent vnto and approve the Clerk what other intent or meaning haue wee then that the King hath as ample and as lawfull The Kinge hath as large a power to command a Minister to be elected ordeined as a Bishop to be chosen consecrated a power to
their estates by pursuing the Patrones title at their owne charge Neither might the occasion of suite about the right of Patronage be any lett or hinderance that the Church in the meane time should be left as a Widow destitut of an husbaÌ„d For any one of the Clerkes nominated by either of the Patrones might be apointed by the Presbyterie to preach the word and publickly to pray vntill the controversie were ended And out of the fruites also of the same Church remayning in the custodie of one of the Patrones or sequestred by the Kinge to the vse of the next incumbeÌ„t he might haue such allowance as were requisite for the time of his continuance in that place And for the Sacraments if any were of necessitie to bee administred some other Minister neare adioyning might be provided to administer the same as in many places it hath bin and is now daylie vsed in like cases of vacancie That the Patrone should bee curbed with two hard a bridle as being barred The curbing of a patrone with to hard a bridle answered to fetch his Clerckes from any other place then froÌ„ the Vniversities or other Schooles and Nurseries of learning is a matter if it be well weighed of lesse importance then the Admonitor would insinuate the same to bee First it is not of necessitie required that all Patrones should at all times fetch all their Clerks from those places not froÌ„ else where For many times it may happen vpon iust cause for the benefite of the Church that a Clerke already ordained and placed in one Church may bee remoued from the same to another But only the meaning is according to the lawes and canons already setled that the greatest parte of the Patrones Clerckes must of necessitie bee called thence because they can not ells where bee had Now then whereas the law intendeth euery Church to be a wife and to haue an husbande to be a body and to haue an head the lawe as a parent vnto the Church hath provided vntill shee bee a widow in deed that no husband be provided for her And therefore by sundrie as well ancient Decrees as by Canons of Ex de prebend c. tuiâ— lib. 6. de prebeÌ„d si Episcopus Discipline made and published by the Bishoppes 1571 it is decreed and confirmed That the Bishoppe shall lay his handes on none or at anie other time but when it shall chaunce some place of ministratioÌ„ is voyd in the same Diocesse As for stipendarie Curates it is expresly against the policie of our Church that any should bee ordeyned a Minister to serue onlie as an hireling From which Decrees and Canons alreadie setled as I sayd before it followeth for the most part that the Patrones Clerkes to be ordained of necessitie must be called from the Vniversities or other places of learning For if every place of ministration be full and none must be made a Minister vntill some place be voyde then albeit some patrones vpon good causes to be allowed by publick discipline might be permitted to nominate some Clerkes alreadie placed in administrations Yet in the end as well the patrones of those Churches from whence these are to bee remoued as other patrones also manie benefices at one time beeing voyde must of necessitie seeke out men to bee ordeyned which never were ordeyned to the ministerie before And where are these to be sought if not onelie at the Vniversities or other Schooles Nurseries of learning For that prophetes in the ordinarie time of prophesying shuld be taken from the feete of the Apothecaries Taylors Drapers Milners Mercers Prophets in the ordinary time of prophesying to be taken out of the Scholes of Prophets or from the butry pantry kitchen celler or stable of any Bb. Peere Knight or Gentleman and not from the feete of the prophetes is a thing abhominable and odious vnto God and man Wherein theÌ„ doth this platforme in this point of fetching Ministers onely from the Vniversities or other places of learning differ from the intendement of lawes setled Or wherein can the patrones receyue any detriment by such a practise Nay they are so farr from receiuing anie The differeÌ„ce betwene the platform and the Bishopps practise preiudice hereby as indeed both they their Clerkes shall reape great commoditie by it Wherin I grant some discrepance to consist betweene the Bb practise and this platforme For the Bb. at one time allowe a Clerke for habilitie and at another time dissallowe the same Clerke for non habilitie And him whoÌ„ they haue ordeyned and adiudged to day worthie of an office they manie times disordayne him to morow and refuse him as a person vnworthie to possesse a benefice Whereas on the contrarie part we thinke it verie absurd vnreasonable to barre any man from a benefice whom the Governours of the Church shall iudge worthie to beare an office So that the Patrone by this platforme should be sure if at any time hee nominate a Clerke alreadie ordeyned that the same Clerke vnlesse it were for crime or some defect after happeninge should neuer be refused And if such be the lawes liberties of the Ordinaries what alteration of the law or preiudice to the Patrone could it be if by a newe law the King provided new meanes to put his old lawes in due execution If vpon difference of iudgement anie variance should arise betweene the Ministers Vpon differeÌ„ce of iudgment about the abilitie of a Clerke what may be done appointed to elect and ordeyne whiche of the Patrones Clerkes were most worthie the same diuersitie we assure our selues can breede no greater inconvenience nor further daunger then doth now daylie fall out in the election of schollers fellowes heades of Houses in the Vniversities or of other Officers in Colledges Cathedrall churches and bodyes politicke or corporate As those controversies therefore haue bene and are appeased by the good orders lawes of those places eveÌ„ so might these also And therfore some good law might be made to this effect viz. If any foure of the seven did agree togither vpon anie one Clerke nominated by the patrone that the same foure should strike the stroke and make the election good against the other three Neither doe we thinke it to stande with reason that the Archipresbyter or any other Minister among the seuen should necessarilie be of the quorum For if any one of the seuen should necessarilie be of the quorum theÌ„ having as it were a negatiue voyce against all the rest if he should bee wayward and apt to contention hee might then alwayes frustrat the election either by opposing him selfe to all the rest or by inclining to the lesser worser part as lately came to passe about the electioÌ„ of a Scholler among great Doctours If A Clerke refused for nonabilitiâ— to whom the nomination may devolâ—â—e both the Patrones Clerkes should bee disabled by those vnto whom the iudgment of their nonhabilitie
did appertayne we leaue it to be considered whether the right to nominate elect ordayne for that time onelie might not hereafter devolve vnto the presbyterie as in like case it hath done heeretofore vnto the Bb. And from that Presbyterie if the same should make default that the benifice should be then in lapse vnto the King Lastly touching the nonhabilitie of A Clerke wronged by a refusall for nonabilitie how he may be releued a Clerke if the Clerke whom the presbytery should refuse come from one of the Vniversities then as a Clerke before time refused for non abilitie by the Bb. was to be tried by the Archbishop and by him to be alowed or disalowed so in this case we leaue it to be cōsidered whether it were not meete that this Clerke so refused and complayning himselfe vnto the Magistrate to bee wronged should haue his abilitie to bee againe tried by that next Synode of Ministers to be cōgregated within that Deanry And if vpon triall made and bringing a testimoniall vnder some authentike seale from the Synode of his habilitie whether the Presbyterie vpon a good peyne within a time to bee prefixed should not be constreined to ordeyne and dedicate A Clerk refused for crime to vvhom the nomination may devolve the same Clerke to the ministerie of the same Church And as for the refusall of a Clerke by the Presbyterie vpon obiection of crime if the crime be so haynous as for which by the canons of the church he might not be promoted to the Ministery then is it to be cōsidered whether the presbytery in this case also as in the former of nonhability might not nominate elect and ordeyne the Clerke to that place for that time only and vpon the presbyteries default the lease also to be vnto the King And thus haue we cōpared the manner of church gouerment now in vse touching these points with that forme of Discipline which is desired to bee planted By which cōparison the Kings The benefits ensuing the platform of ordination c. required Highnes may very easely discerne the differences betweene them to be such as whereby the Kings dignity and prerogatiue shall highly be aduanced the Kings poore subiects both Ministers people diuers wayes eased vnburdened the lawes better obserued to the vnspeakeable peace trāquilitie both of church common weale The Prophets triall of the Prophetes the peoples approbation of their Pastours the Ministers entrance into their Ministerie according to the Apostolicall practise of the primitive church would be a meanes vtterly to extinguish that schisme that remaineth yet among vs that we haue no Christian Ministers no Christian Sacramentes no Christian Church in England Besides the Ministers for letters of orders letters of institution letters of inductions for licences to serue within the Diocesse for licences to serue in such a cure for licences to serue two cures in one day for licences to preach for licences of resignation for testimonials of subscription for letters of sequestration for letters of relaxatiō for the Chancelours Registers Somners diners for Archidiaconal annuall and for Episcopall trieniall procuratiōs the Ministers I say to bee nominated elected ordeyned approved confirmed and admitted by the Patrone by the Presbyterie by the People and by the King should be disburdened from all fees for these things and from all these and such and such like grievances Onlie for the Kings writts and for the traveyle and peynes of his Highnes Officers taken in and about the execution of the same writts some reasonable fees as it shal please the King may be taxed and set down The people also in soules in bodies and in their goods could not but be much comforted relieved and benefited They should not hencefoorth to the perill of their soules haue vnlearned vnable and vndiscreete Ministers thrust vpon them and set over them Neither should they be compelled vpō light occasions to take many frivoulous oathes in vaine They should not be summoned from one end of the Diocesse vnto the other nor bee posted from court to court from visitation to visitation The Churchwardens and sidemen of every Parish should not vpō peine of excommunication be constreyned once or twise in the yeare to pay six or eight pence for a sheet of three halfepeny articles They shall not any longer out of the common treasurie reserved for the poore beare the charge of their Parishes for making bills visitation divers other expenses There should be no more suits at law betwene Clerke and Clerke about the Patrons title no more suites of double quarell betwene the Clerke and the Bishop no more debate betwene the Bishop and the Archdeacon and lastly there should be no occasion of any riots and vnlawfull assemblies to bee made vpon entries and possessions by vertue and colour of two presentations two institutions and two inductions into one benefice at one time The Patrones as being Lords and avowers of the Churches might haue the custodie of the Churches during their vacancies and their ancient right in this behalfe restored All swearing of canonicall obedience vnto the Bishops by the Ministers all swearing and forswearing of Clerks for any symoniacal bandes promises or agreemēts betwene them and their Patrones and all robberies 31. Eliz. c. 6 and spoyling of the Churches by the Patrones should determine cease Especially if it might please the King Parleament to haue one clause of a statute against abuses in electiō of Schollers and presentation to benefices enlarged For although euerie corrupt cause consideration by reward gift profit or benefite to present be inhibited by that act yet notwithstanding by experience in many places we finde that the Patrones for small rentes and for many yeres are in possessiō some of the mansiō houses some of the glebe lands and some of the tythes of such benefices as since the publishing of that act haue bin bestowed vpon Clerks which breedeth great suspicion and ielouzie in the mindes of men that the Clerke and Patrone at the beginning directly or indirectlie did conspire to frustrate and delude the intendement of the statute And therefore wee leaue it to be considered by the Kinges Maiestie and Parleament If any Clerke after confirmation possession A meanes to restraine patrons from corruption to any benefice hereafter to bee made and given vnto him shall willinglie and wittingly suffer the Patrone of the same benefice or any other person in his name or to his vse directly or indirectly mediatly or immediatly to vse occupie or enioy the mansion house gleebe land or other ecclesiasticall commodities or any part thereof belonging to the same benefice In this case I say we leaue it to be considered whether it were not meete convenient that every such willing and witting sufferance by the Clerke and every such willing and witting possession vse or occupation by the Patrone should not be adiudged to be a iust cause to determine
then what force is my Lo. of Ca. iudgement who supposeth it vnlawfull for the Church to excommunicate a Prince to bee against him selfe for in the 137. page he telleth vs that happely it may be a fault yea a great fault that is found with the Bishops in these dayes that they doe not excommunicate the Prince and Rulers and so constraine them to doe that which by perswasion they will not doe If then excommunication bee so terrible to Princes and Rulers howe should it bee of so light accompt with subiects And if it bee so powerfull as it can constraine Princes and Rulers to do their duties how much more fearefull would it be to compell inferiours and men of low estate to liue soberly in their vocations I will not here debate the matter touching the excommunication of Princes Rulers much lesse touching the excommunication of the Prince and Rulers of our lande But I would gladly bee informed what they were or who they be that found great fault with the Bishoppes in these dayes for not endeavouring to excoÌ„municate the Prince and Governours The Papists they thinke it sufficient that the Prince and Governours be excommunicated by the Pope his Clergie The Ministers and people professing the Gospell and seeking for reformation of excommunication deny the Bishops to haue any divine power granted by the word of God to excommunicate a private man much lesse doe they thinke it lawful for them to excommunicate the Prince and Rulers Who then I say find fault with the Bishoppes that they doe not excommunicate the Prince and Governours and so constraine them to doe that which by perswasion they will not do For my part I caÌ„ not guesse whom he should meane vnlesse he ment to giue vs to vnderstand that some Prelatists haue consulted about the excommunicating both Prince Governors for not making sharper lawes against such as whom the Prelates and their favourits haue falsly slaundered to be pestilent fellowes movers of sedition enemies to Caesar troublers and subverters Act. 24 5. Act 1. 16. 20. 17. 6. of the state puritanes and I whot nâ—t what chiefe mainteyners of the sect of the disciplinarians vnlesse I say hee should minde some such Prelatists I can not guesse any subiects within the land to be so vndutifull as to find fault with the Bishops for not attempting to bring our late Soveraigne Ladie the Queene deceased to theit excoÌ„munication And therefore to enforme the people of an Author and not to bring him foorth it argueth breadeth great suspicion that the enformer was the author himselfe Touching the loosenesse of some or of all in these dayes that are without the ExcommunicatioÌ„ toucheth them only which make professâ—on to be of the church Church if hee intend that they require discipline of sharper lawes by punishment of body and losse of goodes then excommunication and that they will more feare that maner of punishment I hold and affirme therein as he holdeth and affirmeth and yet I say that to the matter in question he hath fitted no other answer then as if he had answered a poke full of plummes or a buchet ful of peares for the controversie is not concerning those that are without but concerning those that are within not touching those that are not of the house-hold but touching them that are of the house-hold of faith and of God As for the first sort of which people the reverend Bishoppes with good leaue may procure what sharpe punishment they can devise for by the Church excommunicated they should never bee For how should any be thrust from the communion of the Church who neuer were in communion with the Church But it is to be feared that this sharpnes of punishment is not vrged so much to be inflicted vpon them that are without as vpon them that are within the bosome of the Church For though such as be without did a long time scorne sett naught by the sworde of excommunication whiche was not onely drawne out by the Chauncelours Commissaries and Officialls for every crust of bread and for every piece of bacon but also which was agayne put vpp for everie cracked grote and for everie Irish harper the reverend Bb. whose freehold by such coÌ„tempt was not touched were pacified and contented them selues well ynough by inflicting and releasing that manner of punishment but now for so much as they perceyue the children within the church to beginne seriously and religiouslie to stande against the vse of Lordlie and humane censures for the Crown Scepter of our Savior Christ and that the statelines of Prelacie must be taken one hole lower if the simplicitie of the holy ministerie bee exalted a degree higher they pretend Discipline by excoÌ„munication which is the sword of the sonne and heire of God to be too bluntlie pointed and too badlie edged to foyne or to strike withall Touching that very good manner of Discipline by the Ecclesiasticall commission which he saith hath done and doth daylie much good and would doe more if it were more common the people whom hee admonisheth haue iust cause of being desirous to vnderstande what manner of Discipline it is whiche Not one manner of Discipline vsâ—d by the ecclesiasticall coÌ„missioners is so highlie commended For all men know that the ecclesiastical commissioners vse not in all places and at all times one and the selfe same manner of Discipline For the same Commissioners for the same kinde of offences sometimes suspend sometimes depriue sometimes degrade sometimes excommunicate sometimes fine sometimes imprison sometimes commaund this penance sometimes that Nay sometimes having convented before them graue learned and godly Ministers for crimes supposed This Discipline was practised against maister Cartwhright Fenner Whight L. 〈◊〉 and others to be Ecclesiasticall for the same pretensed Ecclesiastical offences having deteyned them some yeares in durance for refusall of the oath ex officio in the end not having any other supposed iust cause of inflicting any punishment vpoÌ„ them by ecclesiasticall authoritie haue bin forced for a shewe to mainteyne their owne credites to cause accusations to be framed against theÌ„ by the Quenes Attourney in the high Court of Star-chamber as against violators of the dignities of the Royall Crowne whose innocencies by the verie witnesses produced by their meanes on the behalfe of the Queene haue notwithstanding bin fullie cleared from the faultes obiected and the Ministers discharged without any ordinarie punishment vsually infflicted by that Court vppon malefactours Nay further when the Ecclesiasticall Ecclesiastic discipline vsed by the high Commissioners against Ma. Vdall Commissioners had committed Maister Vdall to prison where hee remayned halfe a yeare for refusall of the oath ex officio touchinge his knowledge of the Author of a booke entituled The Demonstration in the end he was deliuered over as a fellon for makinge of the same booke and for the which hee was arayned and convicted and so died in prison
insinuate your selves into their companies you have tabled and boorded with the same parties and that you or one of you have bene heeretofore coÌ„vented for the causes aforesaid before the now lord Archb. his grace for enterteyning into your house a person whiche stood then and yet standed suspended deprived for disliking the booke of common prayer and other godly orders established by her Maiesties authoritie in this Realme Item we obiect vnto you the said G. B. and L. yourwife that you have not frequented divine service celebrated within your parish Church of Bothese vi 5. 4. 3. 2. or one yeares last nor doe not at this present at least every Sunday nor have receyved the holy Communion within your said parish Church during the saide yeares Quere whether the Bishop did not more offend the lawe of God by preferring these articles then the Gentleman did by procuring his children to bee Baptised by a preaching Minister having none at home Item that you the saide G. B. and L. your wife within the time aforesaid haue not Christened nor baptized your children within your parish Church but contrarie to the forme and order of hir Maiesties lawes in that case provided have eyther christened them at home privatelie in your owne house or have caried or caused them to be caried to other Churches And let them declare what Church and what Minister did baptise them and where and whether the same Minister did at the same baptisme signe the childe with the signe of the crosse and lett them declare the cause why they did baptize their children out of their parish Item that the Ministers pew or seate in the church of B. aforesaid by the directioÌ„ Note that the Bishop of L. was not Bishop of the Diocesse of the L. reverend Father in God the Bb. of L. that now is being at the same Church as also by the consent of the Minister and Church-Wardens there was placed in a verie convenient place of the Church to the end the parishioners there might the better heare and vnderstand the Minister at the time of reading the divine service Item we obiect vnto you that you the said F. B. within these vi or 3. monethes last past have without anie sufficient warrant or commaundement from the father in God the Lord Bishoppe of L. or his Chancelour or other having authoritie therein very disorderly and contemptuouslie remooved the same seat to the great offence of the parishioners and bad example of others Item we obiect vnto you that you know beleeue or have heard say that Za. G. is a Preacher of the word of God and a man of good life and conversation lawfull Parson of B. aforesaid Item we obiect vnto you that the premises notwithstanding you the said F. B. vpon a Sunday within a quarter of a yeare last past when the Parishioners of B. were assembled together at the saide Church to heare divine seruice caused divers serving men and others to sit in the pew or place which properly belonged to the Parson of the said Church so that when the saide M. G. came to take his place they thrust him and very disorderlie in the time of prayer kept him out of the said place Item wee obiect vnto you F. B. that about six yeares past you the saide F. brought into the Towne of B. a bastard child as it is credibly thought of your owne and there placed it at nurse and haue lately receyved it into your owne house to the great offence of the inhabitantes there and the bad example of others Et obijcimê° cu m duê° de quolibet Subscribed c. Wherevnto in the foote of these articles was added Maister B. I pray you let this matter be followed ex officio and the parties presently to be sent for by warrant Subscribed c. Now these Gentlemen according to the Bishoppes direction being presently sent for by a Pursevant to aunswere the articles obiected they foorthwith make their repayre to the Archbishop with a copie of the articles with whom they finde such grace as in their behalfe immediatly hee writeth to the Bishoppe as followeth SAlutem in Christo My very good Lorde I haue by meanes received these articles enclosed signed by your Lordsh hand and can not but greatly merveyle that contrary to the orders of the commission Court subscribed by your selfe the rest of the CoÌ„missioners you would cause a Gentleman of such a qualitie as Maister B. is to be sent for by a Pursevant before the ordinarie processe of a letter missiue Note that the signe of the crosse in Baptisme by an Archb. opinion is but of smal moment that suspicion of bastardie may easilie be dismissed were served vpon him especially for matters of so small moment Neither will it bee thought to proceede of any iust cause but rather of some other misconceyte when it shal be vnderstood that there is a controversie in lawe elsewhere depending betwene him and a kinsman of yours And therefore for the avoyding of his further complaint and other offence that may grow thereby I heartely pray your Lordship to suppresse the same and proceed no further therein Desiring you withall to haue due consideration of the cause least I be enforced to deale likewise in the defence of my kinsman as you doe for yours And so praying your Lo. Note that the 17. of Octo. was the Saboth day at what time the Archb. D. C. and D. B. sitting as Commissioners thâ— Archb. took pen inke and crossed the articles all overthwart and so sent them backe with this letter to returne vnto me aunswere herevnto what you meane to doe with my very heartie commendacions I commit you to the tuition of Almightie God FroÌ„ c. the 17. of Octo. c. Subscri c Vnto which letter also was added as followeth Maister B. I pray you according to the tenor of this letter to see that this cause of M. G. and F. B. bee dismissed from thence and if any be bouÌ„d to prosecute the cause against them let them vnderstand that I meane to heare it at c. otherwise let it wholie be dismissed and the bandes delivered The Bishoppes aunswere to the Archbishops former letters MAy it please your grace to vnderstand that I was the more willingly drawen to sende for Ma. B. in that sort because he was oft and of long time accused not only to be a disordered man him selfe but also a great and open mainteyner and carier from place to place of that wrangling puritane W. And as it is to bee prooued a refrainer from his church and from the CoÌ„munion as I am enformed And therefore if we haue omitted any circumstance or ceremonie it is in zeale of the redresse of such a disordered person Which if it should be fouÌ„d in your own brother I thinke your grace would not spare him Neuerthelesse if you yourselfe take it in hand to his redresse I for my part
venerabilis viri domini Archidiaconi Surr. omnibus singulis rectoribus c. salutem Cùm nos rite legitime procedentes omnes singulos quorum nomina c. in noÌ„ comparendo coram nobis c. seu saltem in non satisfaciendo mandatis nostris c. pronunciaverimus contumaces ipsosque c. excommunicandos fore decreverimus Cumque discretus vir magister Roul Allen presbyter eosdeÌ„ omnes singulos subscriptos ex officio nostro excommunicaverit in scriptis iusticia id exigente vobis igitur committimus c. quatenus eos omnes c. sicut prefertur ex officio nostro mero excoÌ„municatos fuisse esse c. palam denuncietis c. Datum sub sigillo officialitatis nostrae 19. die Decembris Anno Domini 1587. John Hone Doctor of the Lawes Officiall of the venerable man the Archdeacon of Surr. to all and singular persons c. greeting Whereas we otherwise rightlie and lawfully proceeding all and singular whose naâ—â—s are vnderwritten in not appearing before vs or at least-wise in not satisfying our mandates haue pronounced contumacious and decreed them to be excoÌ„municated And whereas also the discrete man M. Rouland Allen presbyter out of our office hath excoÌ„municated all and singuler vnder written iustice so requiringe wherefore wee charge you that openlie you denounce and declare them everie of them so as aforesayd out of our office to be excoÌ„municated Giuen vnder the seale of our officialitie The 19. day of December 1587. By this practise it doth appeare that Doctor Hone and Rouland Allen canvased manie poore men verie piteouslie And that this poore curate Rouland Allen had a warme seruice to attend vpon Doctor Hone and to ierk those whose points soeuer hee should vntie But because this precept was an article concluded vpon by the reuerend Bishopps in their convocation and confirmed as I suppose by the Royall authoritie of our late Queene wee will forbeare to speake what we thinke might iustlie be spoken against the incoÌ„gruitie therof Onely this without offence to the reuerend Bishoppes wee may safely demaund sithence everie ordinarie whether he be a Bishopp or a presbyter by this article of their owne devise hath such an absolute power resiant in his person as that thereby thoroughout his whole iurisdiction he may thus coÌ„mit the execution of discipline by excommunication partlie to one laie person and partlie to one ecclesiastical person partly to a supposed spiritual Elder and partlie to a lay Elder sithence I say this is so we may safelie demande what reason they can produce to hinder the King from having authoritie to coÌ„mande three or foâ—re or if occasion The Kinge hathas good right to coÌ„mand excoÌ„munication to bee exercised by a Pastor and Elders as the Bb. haue to commit the same to a Curate and one lay Elder serue fiue or six lay Elders as they call them and one spirituall Pastor being a true spirituall Elder in deede all lawfullie chosen ecclesiasticall Officers in the house of God that they ioyntly should not execute the discipline of Christ viz. excommunication and other censures of the church in every Parish within his Kingdome If it bee aunswered that in this case the Presbyter alone doth excoÌ„municate is it not as if one should say that the executioner doth giue iudgmeÌ„t when at the coÌ„mandment of the Iudge he smiteth of the head or casteth downe the ladder or may not as much be said for the excommunication whereof wee speake that the Pastor onlie should excommunicate when by vertue of his office with the consent and not by the prescript of the Elders associated vnto him he should declare and pronounce the partie to be excommunicated But let it bee graunted that Rouland Allen denounceth the lesson which is writteÌ„ in the paper for him to read yet is it cleare by the precept that the same must bee done by the prescript of Doctor Hone. Besides Doctor Hone he citeth he precognizateth the parties and they being absent he pronounceth them contumaciter absentes and in paenam contumaciarum suarum huiusmodi decreeth them to be excoÌ„municate and are not al these necessarie partes incident to the execution of discipline by excommunication And how then can the Minister be saide to excommunicate alone when Doctor Hone of necessitie must play three parts of the foure without all or without any one of which parts the excommunication by reason of a nullitie is merelie voide Againe the acte being done as it were vno puncto at vno halitu and Rouland Allen and Doctor Hone having their commission from the Archdeacon in solidum how can their iudgement be devided Furthermore to say that Rouland Allen doth excommunicate by the authoritie of Doct. Hone were to overthrowe the intendement of the article Because by the scope of the article it is plaine that the Presbyter to be associated to the officiall must onlie derive his authoritie from one who hath taken ecclesiasticall orders But those orders Doctour Hone never tooke otherwise Rouland Allens presence had bene vnnecessarie and superfluous And therefore if the excommunication be of any validitie theÌ„ is discipline by excommunication in the Church of England exercised partlie by one laie Elder as they call him and partly by one Ecclesiasticall Elder wherein againe it is worthy the observation for the matter we haue in hand that Doctor Hone a mere laie temporall man hath authoritie from the Archdeacon to call and associate vnto him to prescribe Roul Allen a Presbiter an other mans hireling Curate in Southwark to excoÌ„municate not only the Parochians of an other Pastors charge but also any other Pastor whatsoever subiect to the Archdeacons iurisdiction And hath not the Kings Highnesse then as good right as great a priviledge and as high a prerogative to command Maister Doctor Andros or Maister Doctor King and lay Elders by a lawfull election to be associated vnto either of them to excommunicate either of their owne Parishioners for publike drunkennes or other notorious sinnes committed in their owne Parish For if it bee lawfull at the voice of a lay stranger that an hireling and stipendary Curate should chase an other mans sheepe out of his owne folde how much more is it lawful that a true sheepherde should disciplinate his own sheepe feeding and couchant within his owne pasture and within his owne fold Furthermore touching the admittance of governing Elders or lay Elders as they call them vnto the Minister of everie congregation according to the former patterne of one lay Elder that the same is not a matter so strange for lay men to bee ioyned in this charge of ecclesiasticall government as the opposites Lay men appointed by the Queenes iniuuctions to execute some part of discipline beare vs in hande to be it shall not be amisse to cal vnto their remeÌ„brances one of our late Soveraigne the Queenes iniuctions wherby certeyne lay persons called overseers were commanded to be chosen by
together with their functions are arbitrable ceremonious rituall traditionall or circumstanciall yea and removeable at the pleasure of the King and State Neither doth this disagree from that A Bishopp Pastor and Elder and our Lorde B. diffu which was erst sayd of a Bb. or Pastor that they be all one in respect of their function For it is not sayd that an humane Bishop and Pastor but that a Bb. and Pastor are all one For a Bb. simplie so called is not a Bishopp and Pastor in respect of his fellowe brethren but only in regard of his flocke which he ouerseeth feedeth and ruleth But a humane what a lord Bishopp is Bishopp is hee that is promoted vnto this dignitie by man and who by mans authoritie taketh vpon him superoritie preheminence ouer them which are equall vnto him touching their function that intangleth himselfe with civill gouernment and wordlie affaires and whose Bishopplie office consisteth not so much in the dispensation of Gods worde and Sacraments as in Lordlie Bishoplie apparell Crossing with the signe of the crosse confirmation of children sole imposition of hands sole excommunication sole enioyning of articles vpō the people and Clergie of his Diocesse consecration of oratories delegation of his episcopall authoritie to his Suffragane Vicar generall and principall officiall and other such humane and Bishopplie functions All which are after the customes preceptes and traditions of men And albeit D. O. by vertue of the Queenes congedelier were chosen by the Deane and Chapter of Lichfield in episcopum Pastorem ecclesiae Lichfieldensis yet is hee never intituled The Lorde Bishoppe of Lichfield is neuer honored with the title of being Lorde Pastor with the dignitie of being the Lord Pastor but onely with the honor of being the Lord Bishop of Lichfield so that one and the self same person being a Bishop and a Pastor may be a Lord Bishop over Pastours but not a Pastor over Pastors Wherevpon it followeth that the Pastorall Pastoral authoritie of a Lord Bb of other Pastours is equall authoritie which hee hath in common with his brethren the other Pastors of his Diocesse is of no superioritie or proheminence aboue theirs and that touching the function both of his and their Pastorall cure charge there is a paritie betwene him and them by reason whereof he can haue no power over them because par in parem non habet imperium But why is it that he can not be called Pastor Pastorum ecclesiae Lichfieldensis Lord Pastor of the Pastors of the Church of Lichfield and yet may be called Dominus Episcopus Pastorum ecclesiae Lichfieldensis Lord Bishoppe of the Pastors of the Church of Lichfield Why but only for that there is custome tradition and the lawe of man for his episcopall iurisdiction and for that his pastorall function if hee haue any belongeth vnto him in common with his brethren the other Pastors iure divino The Bishoppe then having these two severall Whether a lord Bishop minister the doctrine sacrament and discipline of Christ by vertue of his lordlie episcopal or pastorall office and distinct offices imposed vpon his person the one by divine the other by humane lawe the one humane and episcopall the other without pompe pastorall there ariseth from thence this question by which of those two functions hee may lawfullie I meane according to Gods lawe minister the Doctrine Sacramēts censures of Christ If it be aunswered that it is lawfull for him by vertue of his Pastorall office to minister the doctrine and Sacramentes and by force of his humane Episcopall office to minister the censures of Christ then is not the answere fitted to the question the same being made â bene coniunctis ad male divisa For the censures of Christ as well as the doctrine of Christ being simplie of divine ordināce it must followe if his episcopall power be only of humane right pastoral power only of divine institution that the censures may be ministred by authoritie derived only from mā but the doctrine and sacraments by power derived onlie from God Which commixion of divine and humane right in the execution of the ordinances of God can no maner of wayes be sound pure and sincere and therefore also can not be pleasing vnto God For no more can the censures of Christ to the pleasure of God bee lawfullie administred by the authoritie of any one whose function is of man and not of God then could the sacrifice of God be offered by one who was a priest of man and not of God Now that humane episcopalitie or Bishoppisme in the Church of England is authorized and deduced from the power and law of Lordlie episcopalitie authorized onlie by the lawe of the Realme man viz. of the King Realme alone is evident as well by the donation endowment of the auncient Bishoprickes founded by the Kingly prerogatives of the Kings of this Realme as by the erection and establishment of the new Bishoprickes of Chester Gloucester Bristoll Peterborough and Oxford with their cathedrall Churches Seas Cities meeres and boundes of those humane Bishoppes for the exercise of their episcopall administration according to an act of Parleamēt authorizing the Kings Highnes to make Bishoppes by his letters patentes Nay further that humane episcopall iurisdiction within the meres Note that King Henry the eight by letters patents made Bb. therefore c. and boundes of every Diocesse within England is merelie of humane and not of divine iustitution appeareth by that power and authoritie which the Kinge hath in translating dissolving of Bishoprickes in conserving episcopall iurisdiction 31. H. 〈◊〉 c. 9 sometimes to such persons as be no Bishopps as did William the Cōquerour when he gaue Episcopall power to the Abbot of Battayle and lastlie by the verie maner and forme of the nomination licēce of election authoritie of investiture confirmation and consecration of Archbishoppes and Bishops established by the more positive lawe of the Realme But if it be aunswered that 25. H. 8. c. 20. the Bishoppe by his humane episcopall power doth minister the doctrine Sacraments and discipline of Christ then is the case worse with him then it was before because then not onlie the Discipline of Christ but also the doctrine Sacramentes of Christ should be ministred by that authoritie whiche is of humane institution Besides the answer should be vntrue because the Bishoppe at the time of his cōsecration doth not receyue anie authoritie to preache the worde and minister the Sacraments for that authoritie was then commited vnto him when first he was ordeyned to be a presbyter But the authorite which he receyueth at the time of his consecration is to correct and punish such as bee vnquiet disobedient and criminous within his Diocesse Whereby once againe is that confirmed which was erst said viz. That episcopall power in Englande is not of divine but of humane institution Especiallie for that
by the scriptures it can not bee prooved that there be two seuerall distinct formes of ordinations the one called consecration proper to a Lord Bishoppe for the exercise of Discipline the other called ordination peculiar to a Pastor or teaching Elder for the ministration of the word and Sacraments Wherevnto lastlie If the Lord Bishop haue power to minister discipline by diuine right thē no more can he commit that his power to another thē he can commit the power which hee hath of preaching to another may be added another maine reason that Episcopall power in Englande to minister the discipline can not therfore be of divine institution because if it were of divine institution the Bishoppe could no more surrogate the same his episcopall power to his Suffragane to his Vicar generall or Rouland Allen to minister the censures of Christ in his owne name then he can depute them or any of them to minister the doctrine Sacramentes in his own name But how doth it appeare that the Vicar generall Rowland Allen or any other Presbyter did ever excommunicate by the power or in the name of the Bishoppe For the profe hereof we shall not need to search any other authenticall record then the precept and the practise before intreated of For it is not saide in the precept That the Presbyter being armed with authoritie from Christ but it is sayde that the Presbyter being armed with authoritie from the Bishoppe or Archdeacon shall denounce the sentence of excommunication the practise also of Doctor Hone every way confirmeth as much For therein Doctor Hone doeth not chalēge to be an officer vnto Christ but he sayeth that he is the officiall of the venerable Archdeacō of Surrey and that Maister Rowland Allen Presbyter by vertu of his office doth excommunicate the parties who obeyed not his mandates who made not their appearances before him c. If it be answered that Rowland Allen though he be not an immediate officer from Christ that yet nevertheles he is a mediate officer deputed to his office by an immediate officer vnto Christ vix the Lord Bishoppe or Archdeacon then we replie and say First that the Lord Bishoppe Archdeacon bee neither immediate or mediate officers appointed by Christ to be Ministers of his discipline Secondlie if they were immediate officers from Christ that yet they haue no authoritie by the law of Christ to transferre their right or any part thereof to an other person or to depute an other person in their name or by their authoritie to excommunicate As for these words viz In Dei nomine amen nos Iohānes Hone or nos Roulandus Allen c. sometimes vsed in their scedule of excommunication it is but a prophaning of the holie name of God whereby they make them selues guiltie of the taking of the glorious name of God in vaine And thus much touching both the question and answer whether the discipline of Christ may be ministred by the Bishoppes humane episcopall power yea or no. But now on the other side because no divine censure can lawfullie be executed in the church by that authoritie which is of humane institution if it be aunswered that the Bishop by reason of his pastorall Whether the L. Bishopp by pastorall authoritie may excommunicate a Pastor power which hee is saide to haue over all the Pastours and people of his Diocesse may lawfullie not onlie minister the worde and Sacraments but also the Discipline of Christ vnto them all then it followeth that by a Pastourall power one Pastour may be a Pastour of Pastors which is against the Scriptures and contrarie to the brotherly fellow-like authoritie which is common to all Pastours vnder the sunne and betwene whom touching their Pastourall functions there is to this day by the Scriptures as litle superioritie and as great a paritie as ever there was betwene Apostles and Apostles betwene Prophets and Prophets or betwene Evangelistes and Evāgelistes and as at this day there is betwene Bishops Bishops betwene Archbishops and Archbishops or betwene Patriarckes and Patriarckes yea and as is betweene Earles and Earles Dukes and Dukes Kinges and Kinges Emperours Emperours For no greater superioritie or preheminence hath any one Pastor over the person or function of an other Pastour touching the administratiō of any thing properly belōging Pastoures ouer small flockes are as truely pastors as Pastors ouer great flocks to either of their pastoral functions thē hath one Emperor over the person or function of an other Emperor or one King over the person or functiō of an other King or one Lord Bishop over the person or function of an other Lord Bishop or one Archbishop over the person or functiō of an other Archbishop or then had one Apostle over the person As great paritie betwene Pastors Pastors as between Apostles Apostles or function of an other Apostle Nay then hath one eye over an other eye one hand over an other hand one arme over another arme or one foot over another foote And therefore if touching the functions which Pastors either among them selues haue in common one with the other or which they haue over their flockes there be no disparitie but that the Pastors to whom small flockes are committed doe as reallie and as truelie participate of the nature of true Pastors as those great Pastours doe vpon whose great shoulders great burdens are imposed it behoveth great Pastors to prove vnto vs by the holie Scriptures that by the institution of their great pastorall functions they haue their power so enlarged as that thereby they may preach the Word minister the Sacraments and excommunicate and that on the other side the litle Pastours haue their power by the institution of their petie pastorall offices so streightned as whereby they may onlie preach the Word and administer the Sacramentes but not excommunicate it behooveth I say great Pastors to be able sufficiently to shew vnto vs these thinges out of the holy Scriptures or els it seemeth to stande with reason and equitie deduced from the same Scriptures that a Pastor over a few should haue like power to teach and to governe a few as a great Pastor over manie hath to instruct and to rule many Marie if they think that only great Pastors be true Pastors that great powers spirituall be only true powers spirituall then let them also conclude that onely great Knights be true Knights that only great Dukes bee true Dukes that onely great Kings be true Kings and that only great principalities temporall bee true principalities temporall Which conclusion Not onelie Kinges of great kingdomes but also Kinges of small kingdomes bee true kings if they shall iudge to be conclusionles because King Rehoboam had as large a patent to feede and to command two Tribes as King Solomon his Father had to command and to feede twelue or as the Archbishop of Yorke may suppose him self to haue over nine or tenne Counties as the
ego sum via veritas vita He neuer said ego sum consuetudo Touching the iurisdiction of the Deane and Chapter the papall lawe being abrogated how the same may lawefullie now bee vsed otherwise then by sufferance and consent of the King and Realme I know not But of all spirituall authoritie exercised at this day in the Church of England the same semeth to draw most neare to the semblance of the gouernment practised by the Apostles and primitiue Church And might bee approued in many points if so bee the Deane and Chapter being as it were a Senate of preaching Elders did no more commit the execution of their ecclesiasticall iurisdiction to the wisedome of one Vicar general or principall official then they doe put over the leassing of their Landes or dividētes of their rentes to the onlie discretion of one of their Baylifes or Stewardes As for Bishoppes Suffraganes in Englande and in Wales how many there may be and what Cities and Townes are to be taken and accepted for their Seas it is at large expressed in a statute made for the nomination of Suffraganes By which statute also wee are given to vnderstand that it remayneth onely in the disposition and libertie of everie Archbishop Bishop within this Realm c. to name and elect two honest and discrete spirituall persons being learned of good conversation and them to present vnto the Kinge by their writing vnder their Seales making humble request to giue to one such of the saide two persons as shal please his Maiestie such title name stile dignitie of Bishop of such Seas specified in the said act as the Kings Highnes shall think most cōvenient for the same so it bee within the same Province whereof the Bb. that doth name him is Besides after such title stile and name given by the Kinge it is saide that the King shall present every such person by his letters patentes vnder his great Seale to the Archbishop of the same Province wherein the Towne whereof hee hath his title name stile and dignitie of Bishop and that the Archbishop shall giue him all such consecrations benedictions and ceremonies as to the degree and office of a Bishopps Suffragane shall be requisite It is further enacted provided that every person nominated elected presented and consecrated according to that acte shall be taken accepted and reputed in all degrees places according to the stile title name dignitie that he shall be presented vnto haue such capacitie power and authoritie honor preeminence reputation in as large ample maner in cōcerning the executiō of such cōmission as by any of the saide Archb. or Bb. within their Diocesse shall be given to the saide Suffragane as to Suffraganes of this Realm hertofore hath bin vsed accustomed And that no Suffr made cōsecrated by vertue of this act shall take or receiue any maner of profits of the places Seas wherof they shall be named nor vse haue or execute any iurisdiction or Episcopall power or authoritie within their said Seas c. but only such profites iurisdiction authoritie as shall be licensed and limited vnto them to take do and execute by any Archbishopp or Bb. within their Diocesse to whom they shall be Suffraganes vnder their seales And that no such Suffragane shall vse any iurisdiction ordinarie or Episcopall power otherwise nor longer time then shall be limited by such commission to him giuen vpon peyne c. From which Act touching the vse exercise of Episcopall power and censures by the Suffragane we may againe safely conclude that the Episcopall power graunted by the Bishops to be vsed by the Suffragane is not of diuine right and institution but only from humane devise and ordinance For the Suffragan could not exercise any power called spirituall or Episcopall vnles by the Bb. he were nominated by the King elected and presented by the Archb. consecrated and by commission vnder the Bb. seale authorized in what maner and for what time he should exercise the same Custome then being not from heauen but from the earth and againe the Bb. commissiō limiting the Suffraganes delegated power being of man and not of God it followeth necessarilie that that Episcopall power which the Bishoppes vse and exercise in England can not be diuine but humane Because Episcopall authoritie which is diuine being conveyed from the Royall and Souerayne authoritie of our Sauiour Christ the giuer of all power vnto euerie officer within his Church can not be transferred to any other person by the same Bb. by the King by the bodie of the state or by custome For the Kings person and bodie of the state not being made capable by the holie scriptures to vse and exercise that Episcopall power which is of diuine institutiō can neuer transferre the same to others whereof they be thē selues vncapable And to defende that custome or any municipall lawe should transferre diuine Episcopal power from a divine Bishopp to any humane officer is more erroneous And from hence if the now L. Bb. of London iudge his Episcopall power to belong vnto him by divine and that by the same right he haue power aswell to ordeyne depose suspend and excommunicate presbyters as to confirme boyes girles yong men maydens there seemeth to bee good reason that the same Bb. should make it apparantly knowne vnto the King Realm by what power or commission descended from heaven hee may delegate vnder his Seale the same his divine authoritie of ordination deposition suspension excommunication and confirmation vnto Doctour Sterne his now Suffragane of Colchester For if from the holy Scriptures hee can produce no warrant for the making of a delegation of any part of that Episcopal power which he holdeth to be cōmitted vnto him frō our Savior Christ then well may we conclude against the ordination deposition suspention excommunication confirmation made by the same his Suffragane that the same his Suffraganes ordination deposition c. is not divine For how can an ordination a deposition c. made by a Suffragane be divine when as the commission graunted by the Bishop is meerlie humane Wherefore seeing the Bishop himself hath plucked certeyne of his principall feathers from his own spirituall winges if so be his owne winges may be spirituall and imped them with an vntwysted thread of humane policie to the humane trayne of his Suffragane and seeing also his Archbishoppes grace of Canterburie in cases of his metropoliticall prerogatiue the Archdeacons London Midlesex Essex Hertforde the Deane of Paules and certeyne prebendaries in Paules the Deane of Westminster the Maister of the Savoy and divers other Persons haue by Papall privileges or by auncient custome prescribed almost all other partes of his Episcopall power there seemeth good reason that the Bishoppe should againe declare whether the Churches within the saide Diocesse after the decease or translation of his Lordshippe shall stande in neede of any Lordlie Successour to sitt
in the same Sea for anie other profitable vse or purpose then onely for wearing of a whyte rochet walking with a pastorall staffe keeping seuen yeares Sabboth from preachinge in his parishe Church of Fulham consecrating of Chappels hallowinge of Fontes Christening as they call it of Belles whyting of Walles painting of Tombes garnishing of Sepulchres preserving of superstitious Monumentes in glasse Windowes repayring and gylding rotten and outworne Crosses confirming Leases of Benefices with cure of soules vpon small rentes improprying Churches or such like For if the great thinges of his Episcopall power may bee transferred eyther by expresse or by secret consent eyther by commission or custome and that as well to an inferiour as to a superiour as well to a Suffragane a Deane an Archdeacon and a Prebendarie as to an Archb. then it seemeth reasonable that the smaler things before spoken of may well bee performed without anie Lordly authoritie When I had thus finished according to our line that whiche I firste vndertooke against the Admonitors pretensed dangerous alterations innovations and inconveniences was also purposed to haue added that which in myne opinion seemeth to prove that whiche the Admonitor by his opinion denyeth viz that the externall goverment of the Church should alwayes and in all places bee one when I saye I had thus purposed by reason of some other present and for the time more necessarie occasion I was drivē to alter my mind and to shewe the same in a place somewhat more convenient And yet in the meane whyle it shall not be amisse but a thing verie necessarie in this place so to cleare the state of the question betweene the Admonitor and mee as the same beeing rightlie before hande vnderstoode there might no preiudicate opinion bee conceaved against the trueth The Admonitor against the not having of one forme of externall policie in all ages and states of the Church of Christ alleadgeth that in Denmarke they haue Bishoppes both in name and in office that in Saxony they haue Archbishoppes and Bishoppes in office but not in name that in Tigure they haue no Senate of Elders nor the discipline by excommunication which they more mislike that in Geneua in Scotland in other places they haue a gouernment not much vnlike that platforme which is desired to be amōg vs that in Saxonie Basill they kneele at the Lordes Supper all Tigure they sitt it is brought vnto thē that in other places they go and receyue it for the more expedition as they passe And that he doubteth not but that the learned men whom God sent to instruct those churches in which the Gospell in those dayes was first receyued haue bin directed by the spirit of God to reteyne this libertie that in externall gouernment and other outward orders they might choose such as they thought in wisedom and godlines to bee most convenient for the state of their countrey and disposition of the people Vnto all which we answere briefelie viz. that Bishoppes both in name and in office beeing of diuine institution ought aswell to bee in the Church of England as of Denmark that it is an errour by their leaue in the Church of Saxony not to haue Archb. and Bb. in name if so be they hold it lawful to haue Archb. and Bishops in office For what should a necessarie officer doe without a conuenient name And touching the Church of Tigure it is not materiall what the same church doth thinke not tolerable or doth more mislike but what shee ought not to mislike or what it ought not to think tollerable And thē what a poore proofe is there here made trowe we for the confirmation of the corruptions in the Church of England by producing for two witnesses two erroures in the Church of Tigure For not to like a Senate of Elders and more to mislike excommunication is more and more to slide out of the right way And sithence we haue the whole christian Kingdome of Scotland the most famous and renowmed Church of Geneua and sundrie Churches by his confession in other places to be lights vnto vs and to agree with vs in a gouerment not much vnlike to that which we desire wee haue not only great cause to reioyce in this our desires but also to be much comforted and encouraged by these examples by all holie meanes to labour the full accomplishment thereof For by this testimony by these instances giuen produced by him selfe the Admonitor hath quite and cleane weakened and disabled his owne generall position opinion and thoughts of the vnnecessaries and inconvenientnes of hauing the Apostolicall and primitiue gouernment in the time of peace vnder a Christian Magistrate For hath not the free Kingdome of Scotland the free Citie of Geneva and other Soueraigne and free Princes Potentates and Powers not being vnder Tyrantes and persecution receaved the same as being the best the fittest the convenientest most necessarie gouerment yea even in the time of peace and vnder their christian Magistracie for the state of their countrey and disposition of their people And as touching rites ceremonies we affirme not that every rite ceremonie or circumstance to be vsed in the externall execution of church goverment is preciselie sett down in the holy Scriptures but touching the substance of goverment thus we say and thus we hold viz. that the Officers and Governours appointed by our Saviour Christ to bee over the Churches in everie Countrey observing the generall rules of decencie comelines and edification haue libertie with the consent of their Christian King or other supreame Magistrate to choose what rites ceremonies they in wisedome and godlines shall thinke most convenient And therefore wee graunt that the officers of Christ in the vse and dispensation of their functions are no more exactlie tyed by any direct commandement in the holy Scriptures to vse at all times and in all places one only maner of rites ceremonies then were the Priests of the law to vse all one maner of kniues to kill their sacrifices or the singers to sing all songes after one maner of tune or vpon one kind of instrument or then are Kinges Princes in all Countreys commanded to vse all kind of circumstances in the outward execution of civill iustice in their common weales As then as it was lawful for the Priests to haue kniues and trumpets of divers fashions and for the Levites to haue their Musicall instrumentes of divers formes Nay as sundrie Iustices of peace in sundrie Shires of the Kingdome are not bound to keepe their quarter sessions all in one day to begin to breake their sessions at one instant to stande to sit to walke when soever they speake to weare all one fashion hates cappes cloakes or gownes and such like so likewise is it with the Bishops Pastoures and Elders of the church In the ministration of Baptisme there is no direct cōmandment that the vessel to hold the water for the
commaund a Minister to be presented ordeyned elected to be a Pastour in a parochiall Church as hee hath to coÌ„maund a Bishop to be elected confirmed and coÌ„secrated to an Episcopall sea And are we not then merveylouslie giddi-headded new-fangled and strange innovators Againe when wee desire that the King at the humble suite of the Ministers the Patron and the people would be pleased to confirme and admitt the Patrones Clerke in to the temporalities of a benefice what other thing is required but that the possession of no church should be delivered vnto any Minister without the Kings publike writt And would not this breed a perilous sturr garboyle discord and contention when the Archdeacons pretie signet as Dagon falling downe before the Arck should giue place bow down and do reverence vnto the Kings of England seale at armes Oh! but in this platforme there be other dangerous innovations and alterations not to be atteÌ„pted Yea And what then be they The Admonitor him self The Prophets ought to bee tried by the Prophetes in his admonition holdeth Yea Mai. Bilson and all other supporters of the Hyerarchie defended That the Cleargie ought to iâ—dge of the Clergie and that the Prophetes ought to be tried examined and ordeyned onely by the Prophetes and that the spirites of the Prophetes are subiect to the spirites of the Prophetes Wherein then consisteth the disagreement and variance betweene vs and them touching the ordination of a Prophet by Prophetes or of a Minister by Ministers Certes to mine vnderstanding there is none other matter of dissonancie in this case but even alonely this viz. That he by these wordes the spirites Corinth of the prophetes are subiect to the prophetes intendeth that the Spirits of many prophetes touchinge their triall examinatioÌ„ and ordination are subiect to the spirit of one prophet and that Whether the spirites of manie Prophets be subiect to one or of one to many therefore one prophete by his owne spirite may trie examine and ordeyne manie Prophetes Whereas on the other side we affirme that one prophet according to this rule of our holy faith is to speake and the other prophetes are to iudge and that no one prophete may trie examine or ordeyne many prophetes Because from this place wee gather that the spirites of many prophetes in the ordinarie course of the ministerie of the Worde were neuer subiected in this case to the spirite of one Prophete But in this platforme there is no mention made of the King if he bee patrone neither is there any institution spoken of and then howe can any action of quare impedit bee brought to try the right if two patrones pretend title to the Patronage besides the Patrone by this platforme must fetch his Clerckes only from the Vniversities Schooles of learning and Nurseries of the Ministerie whereas now he hath libertie to present any Clerke wheresoever or howsoever ordayned Againe strife and contention may arise in the presbytery betwene the Bishops and the Ministers them selues appointed to be examiners and ordeyners which of the two Clerkes nominated by the Patrone is most worthy to be preferred If both the Patrones Clerkes for non abilitie or criminousnes be refused who shall then nominate and to whom shall the election devolue And lastlie what if the Bishop and presbytery shall disalow one for vnabilitie which in deed is notwithstanding of abilitie to teach to all these difficulties thus wee aunswere If the Kinges Maiestie be Patrone to any benefice with cure of soules because Touching the Kinges patronage we iudge and confesse him to be a King endowed with a rare and singuler spirit of zeale for the glorie of our God with an excellent spirit of loue for the saluation of the soules of his subiects and to be the Nehemiah of our age sent vnto vs from aboue for the building of the walls and reedifying of the ports of the house of God which were brokeÌ„ downe and devoured We for our partes doubt nothing at all nay rather we most certeynly perswade our selues his Highnes having once bene pleased to prescribe all wholesome commendable lawes vnto his people will also vouchsafe much more to prescribe lawes yea and to be a law vnto him selfe And that his Maiestie wil set this busines of the Lords house so neare vnto his Kingly Christian heart by the planting of able Ministers in all the Churches of his Highnes Patronage as that all other Patrons by his godly example wil be excited readily to walke in the Kings path to weare the Kinges coloures and to become the Kinges chiefe favourytes in this so holie a worke And therefore touching the Kings Patronages cum Maiestas imperatoria H. de ley fidei 3. l. ex imperfecto legibus esse soluta videatur wee commend them wholy to the Kinges most Christian care providence and fidelitie The Bishops institution and writt of quare impedit wee graunt must cease The Bishops institution may cease but in place of institution the election ordination by the Presbytery succeedeth and the Clerke nominated by the Patrone elected and ordayned by the Presbyterie shall haue idemius ad Ecclesiam in Ecclesia which in formeâ— times the Clercke presented by the Patrone and instituted by the Bishop was wont to haue If any suite in law happeÌ„ for the right of Patronage betwene two or moe PatroÌ„s If suite fall out betwene two patrons what then may bee done pretending title to the gift of one benefice It seemeth that this suit might haue far easier and more speedie way of triall by some other writt then by the writ of quare impedit for vpon this writ many times by negligence or vnskilfulnes of the Aturneyes it falleth out that one of the parties is driven some times to sitt downe by great losse and not to haue his title tried at all onely for want of some ceremoniall forme not observed in the pleadings of the cause And therefore both Patrones within the time to be limited by the Kings writ having nominated their Clerkes to the Presbytery as heretofore they presented to the Bishop we leaue it to be considered whether it were not meet and convenient that the Presbitery should wholy defer the election ordinatioÌ„ of eyther their Clerks vntill the right of patronage were finallie adiudged before the Kings Iustices at the common law vpoÌ„ which iudgment passed they might then without scruple or impediment proceede to the full election ordination of that Patrones Clerke for whom the iudgment was given By which maner of triall if the action might bee brought in the namâ— of Patrone against Patrone the Clerkes should not onely be freed from much obloqui wherevnto they are now subiect by prosecution of suites at law one Clercke against another but also they should bee exempted from all expence labour and turmoile with which heretofore they haue incumbered theÌ„ selues to the hinderance of their studies and decay of