A DISCOURSE OF Licenses to Preach OCCASIONED By a Question Propounded viz. Why many Officers of the Church of England in the Episcopal Visitations urge the Incumbents to take LICENSES to Preach Replyed to by Ja. Metford Rector of Basingham in the County of Lincoln In a Letter to the Proposer Published for the Consideration of the CLERGY to whom it is of no small Importance LONDON Printed for H. Hindmarsh at the Golden-Ball over against the Royal Exchange in Cornhil 1698. TO THE Righ Reverend Father in God JAMES by Divine Providence Lord Bishop of Lincoln My Lord WE can never be enough Thankful to his Sacred Majesty the great Patron of this Church that He was pleased to honour Us with a Bishop taken from among our Selves to fill the Chair of this Ancient See of Lincoln who is neither Ignorant of our Persons nor our Needs nor unwilling to Hear and Resolve our Doubts This small Dissertation therefore comes in all Humility and with most profound Respect to shew your Lordship the Sense of most of your Clergy about an odd Custom introduced in these later Ages of Obliging Incumbents to take Licenses to Preach And that even after they have received Ordination and Institution We believe that your Lordship intends not to elumbate the Dignity of Preisthood nor to divulse its Essential or at least Integral Parts from each other And accordingly that you will never permit any Consideration to gain that Ascendency in your Thoughts as to continue a Custom utterly unknown to the Primitive and middle times and unuseful in these And can furnish Us with nothing but Scruples in our Selves and Objections against us in our Adversaries We know that you have Kindness enough to forgive the Weakness of Management and Wisdom enough to strengthen its defects where it needs and therefore do humbly submit the whole matter to your sound Judgment in full assurance that you will add to the Blessing of our publick Peace by giving us private satisfaction in withdrawing this Custom or at least to Instruct us in the necessity of its Continuance who have no other Design but to be Dutiful whatever is determined and to be taught what we do not understand which will be abundantly obliging to All but more especially to My LORD Your Devoted Subject and most Humble Servant J. M. A Discourse of Licenses to Preach SIR THE Quaere last Night Propounded why Licenses to Preach are so frequently and vehemently urged to to be taken and Exhibited by Incumbents in our Episcopal Visitations being then Answered with some haesitation the help of a few hours Thoughts gives me the advantage of setting this matter in a clearer Light before you Which I think for want of a better Method may be done by elucidating these Seven ensuing Propositions First That Ordination to Priesthood gives Authority to the Ordained to Preach Secondly That the Church for 1400 years never required Incumbents of Benefices to take Licenses to Preach Thirdly That the Church Canons enjoyned all Incumbents to Preach under great Penalties Fourthly When Licenses were first Introduced they did not oblige Incumbents to take them Fifthly If the Canons did ever oblige Incumbents to take Licenses It was upon an accidental Consideration Sixthly That Licenses add nor diminish any thing to or from the Title to any Benefice Seventhly That the forcing Incumbents to take Licenses since the first Accidental Occasion was of no Benefit to the Church but to gain Fees These Propositions made good will infer the Truth of my Sudden Answer That these Licenses are pressed upon Incumbents upon very mean Considerations I shall therefore apply my self to clear them in Order I. First That Ordination to Priesthood gives Authority to the Ordained to Preach A Truth so well known and believed that few will List themselves in the Army of Opponents but such as Gain by it Most will wonder what Ordination means if it gives not Authority to Preach For it was used to fit the Presbyter for his whole Function of which Preaching was a very Considerable Part. When our Saviour ordained his Ministry He bid them go teach all Nations Math. 28.19 and Baptize them And in Conformity to Christs Institution the whole Catholick Church thus prepared Preachers by Ordination And so doth the Church of England in her Office of Ordination Require those that are to be ordained to Promise That they will give faithful Diligence alwaies to minister the Doctrine and Sacraments And to teach the People committed to their Charge And to drive away all Erroneous and strange Doctrines Without any previous Condition If they should be thereunto Licensed And farther the Ordainer saith at Imposition of hands Be thou a faithful Dispenser of the Word of God and of his holy Sacraments So that he is as much Authorized to Preaching as to Adminster Sacraments And therefore may be as well forced to a new License for Administring Sacraments as for the Preaching But in truth both these Functions are sealed to him under the most venerable Seal In the Name of the Father Son and Holy Ghost If all this be thought too little to Authorize him to Preach yet sure when the Ordaining Bishop delivers Him the Bible with these Words Take thou Authority to Preach the Word of God and to Minister the holy Sacraments in the Congregation where Thou shalt be lawfully appointed thereunto Who can doubt but that He is as much Authorized to Preach in that Place as to Administer holy Sacrament ' That is as much as all the Licenses in the World can give Him For here the Ordaining Bishop gives Him Authority to Preach and Administer under the most sacred Circumstances imaginable being in Cathedra in the presence of God and before the Assembly of Saints at the Holy Altar and Seals this Character with the most tremendous Body and Blood of Christ And what can a Scrole called a License do more than This Is a Bishop greater in his Study or Dining Room than at the Church or is his Table greater than the Altar or Himself and Secretary more venerable than the Congregation what pitty is it that Avarice or other unknown cause should run men into such Absurdities But They may say though this be true yet the Presbyter hath no Seal to Evidence this so that He can't make it appear to all People where He comes This we must Justly deny for He receives Letters of Orders under the Bishops hand and Seal by which this Authority is manifested as much as by the License So then we do with good Conscience and upon plain Evidence affirm the Presbyter hath License to Preach by his Letters of Orders and needs no more if Officers need no Money This Authority satisfied the holy Catholick Church for Fourteen Centuries amongst whose Records we find no Licenses to Preach besides their Letters of Orders We hear of St. Cyprian's Presbyter Didiensis but read no other Title to Preach besides his Letters of Orders And
when the Laurae were settled in Aegypt we yet find nothing but Ordination and the Priests Mission to dwell in a house placed very near the Church which answers well enough to our Institution II. Secondly That the Church for 1400 years never required Incumbents on Benifices to take Licenses to Preach This Proposition being negative admits of no other Proof than that no notice of any Licenses to Preach hath come to our hands after the best Search we could make about them We see Ordination did Qualify for Preaching in the Church And find that Bishops did send their Presbyters abroad to administer Religion where they thought convenient We find also a great many Requisite Forms or Letters used in many Cases as the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which also were sometimes called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because they did not only commend the Party that had Them but also contained his dismission in Peace There were also Literae Formatae called so I think from the Form of the Bishops Seal put to them as also Communicatoriae given to Christians Travelling that they might be received into the Catholick Communion where they came These and a few others we meet with in the Primitive times as the Tractoriae which directed the Messengers of Churches and gave them ready Acceptance where they were sent And so ancient that we find the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Commendatory Letters mentioned by S. Paul himself as of common use in his time 2 Cor. 3.1 Can. Antioch 7 8. Witness those words of his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And in the Synod of Antioch we see some others but no where these Letters of License for Preaching And if there were any such 't is to be wonder'd at that neither Bernardinus Ferarius that treated so minutely of the ancient Rights of Bishops nor Alcuinus Amalarius or any other of those Antiquaries that Charles the Great set on work to search the ancient customs of the Church nor any other of those collected by Melchior Hittorpius should hit on them We can't suspect those Authors of Ignorance in the Church Canons and customs seeing it was a known Rule Nulli Sacerdotum liceat suos Canones ignorare Grat. nulli dist 38. We may add the Probability that this Church of England knew nothing of this License to Preach in the time of Archbishop Stratford An. Dom. 1342 Lyndw. l. 3 tit 22 cap. Saeva c. nor at any time before For his Synod endeavoured to stop the Oppressions of the Clergy and to Restrain the greedy appetites of the Officers seeing the inferior Clergy groaning under their burdens ready to joyn with the Wiclefists in their complaints And therefore enumerated all the Seals and Writings then in use and ascertained the Fees for them but makes no mention of any Licenses to Preach as distinct from Letters of Orders They are thus reckoned Pro Scriptura Literarum Inquisitionum Institutionum vel Collationum Commissionum ad inducendum vel Certificatorijs ipsarum in Beneficijs ultra xij Denarios Pro Literis vero cujuslibet Sacri Ordinis ultra vj Denarios dicti Clerici per se vel per alios non recipiant quovis modò And farther to Evidence that the Synod intended to omit nothing then in use they add that the Sewers Porters Grooms nor Barbers should require nothing giving this Reason for it That the Ordinary ought to maintain his own Servants with fitting Wages Now can any man not quite deserted of Reason imagine this intent Synod forgat these Licenses to Preach Or may we not more reasonably conclude there was no Footstep of any such Practice then in use And yet we shall soon hear of it even in his time tho' not required to be taken by any Incumbents III. Thirdly That the Church Canons enjoyned all Incumbents to Preach under great Penalties which surely they would not do if they were not qualified for it without Licenses But the Canons proceed on a Supposition that Ordination and Institution gave Title enough to furnish out a Preacher for his Cure It will not be necessary to shew the many Canons of Codex Ecclesiae universatis seeing our own Church hath plenty enough But if any desire it he may consult Photius his Nomo canon tit 8. c. 2. where He may be satisfied For the Church of Englands zeal that way we may consult Stephen Langtons Decree in the Council holden at Oxford Anno 1222 how earnestly Preaching is urged on all Incumbents Praesentis Concilij definitione districte duximus injung endum ut Rectores vicarij Plebes sibi commissas pabulo verbi Dei secundum quòd fuit ijs inspiratum informare procurent ne canes muti meritò judicentur cùm latratu salubri a Caulis Dominicis Luporum spiritualium morsus non expellunt c. So likewise John Peccham in a Constitution made at Lambeth An. Dom. 1281 Cap. Ignorantia Sacerdotum c. Imposes this care on the Archdeacon to watch the Clergy concerning Preaching Quoties Archidiaconi invenerint Presbyteros Institutionem moralem populo minime praedicasse sen publicasse toties eos arguant poena Canonica castigando supplere compellant quod temere omiserunt The same Council also lays this charge on the Clergy Praecipimus ut quilibet Sacerdos Plebi praesidens quater in Anno per. vel per alium exponat populo vulgariter quatuor decem Fidei Articulos Decem mandata Decalogi Duo Praecepta Evangelij Septem opera misericordiae Septem mortalia peccata c. and gives them a Method how to do it By which we may conclude they were so far from Restraining their Clergy from Preaching that they urged it by all good means they could While we strive to embarass that work till so much money is paid for our leave to do it 'T is true indeed that if a Priest were a Stranger that came out of Ireland Wales or Scotland and for the same Reason from any other Foreign Church such a one was forbidden to celebrate any Divine Offices in this Church If he came without Commendatory or Dimissory Letters of his Ordinary And especially if there were any doubt of his Lawful Ordination Unless He came with a License from the Diocesan This Constitution was made under Walter Reynolds in the Second Council at Oxford Anno 1322 in these words Item praecipimus ne Sacerdotes ignoti de quorum Ordinatione non constat ad Divinorum celebrationem diserviendo Ecclesijs admittantur nisi de Licentia Episcopi Dioecesani Nor was it Lawful for the Diocesan to give him that License without Letters Testimonial and good Evidence that He was lawfully ordained Here we see a License mentioned to be given by the Diocesan but it was to a Foreigner 2 To one that was no Incumbent 3. To one whose Ordination was doubted 4. T was a License ad celebrationem Divinorum Lynd. de â—ler peregrinat c. 8 which the Gloss interprets to celebrate Mass the
Canonical hours and to administer Sacraments so that it was not a bare License to Preach 5. The Reason of it was That none below the Dignity of a Bishop might be trusted with the Judgment of Foreigners Pretences to holy Orders Which therefore can make nothing to our Licenses to Preach There is another Provision concerning Chaplains celebration in any of our Churches after Lollardisme began to spread it self made in a Council at Oxford under Thomas Arondel Anno 1408. in these words Nullus Cappellanus admittatur ad celebrandum in aliqua Diaecesi nostrae Cantuariensis Provinciae in quâ Oriundus sive Ordinatus fuerit nisi deferat secum Literas Ordinum suorum atque Literas Commendatitias Dioecesani sui c. without which Orders and Commendatory Letters of the Bishop if any Rector Vicar or Curate did permit him to celebrate Permittens acriter puniatur On which we may observe 'T is a Rule for Chaplains not Incumbents 2. It enables them to celebrate Divine Service as well as to Preach and so accords not with our Licenses IIII. Fourthly When Licenses were first introduced the Church obliged no Incumbents to take these Licenses to Preach If they did Require it we might expect to hear of them either at Institution or Induction but we hear of none in company with either of them First we hear of none at Institution There is a Constitution made at Lambeth under Archbishop Peccham concerning the Institution of an Incumbent directing the Form of it in these words Statuimus uâ— unusquisque Episcopus Clerico quem ad Ecclesiam admittat Literas Patentes super sua Admissione concedat Inter alia continentes in quo consistat Ordine etiam quo Titulo ad hujusmodi Beneficium admittatur c. Had that Council then thought Licenses to Preach necessary no doubt they had order'd them too Seeing now the Incumbent was going to his Cure under the obligation of the Canons to Preach and Instruct his People It seems the Glossator thought the Letters of Institution thus drawn were Title good enough without any farther License to Preach for He tells us Hae enim Literae in Beneficialibus habentur loco Tituli That this Institution was his Title Secondly nor doth any thing concerning these Licenses appear when Mandats for Induction were enjoyn'd In the Council held at Oxford under the afore named John Stratford in the year 1343 as many reckon or 1342 as the Manuscript Copy in the Bedleian Library hath it Mandats for Induction are mentioned and the Rates of them set to bound the Gripes of Avarice But no mention is yet made of these Licenses to Preach The Constitution is Sacro approbante Concilio statuimus ut hi qui admissos ad Beneficia Ecclesiastica ad Mandatum Superioris tenentur inducere pro indunctione hujusmodi facienda Sumptibus contententur moderatis Videlicet si Archi Diaconus Inducat xl Denarijs Si suus Officialis duorum solidorum perceptione Providing that if either take more than is there allowed for the Induction Const Provin â—3 tit 6. or propter Literas Certificatorias meaning the indorsed Certificates of Execution They are to be suspended ab Officio et ingressu Ecclesiae Till they Refund the Extorted money to the Party wronged We may without doing violence to our Reason believe That bounds had been set to the Rates of Licenses also had there been any such things then in use And the rather because the same Council under the same Prelate complain'd heavily of the great Exactions then on the Clergy And therefore sixt the charge of every Seal then in use for Incumbents to take Const 1.3 tit 22. as appears by their Constitution Saeva et miserabilis Cupiditas c. which hath been already touched In which they Decree against both Bishops Archdeacons and their Clerks That they shall not take for any Writings above twelve pence Nor for any Letters of Orders above six pence And for Sealing nothing at all If any Clerk took more he was to refund double If he were a Beneficed man he was suspended ab officio Beneficio If a Lay man he was to be suspended ab ingressu Ecclesiae till satisfaction made 'T is very probable That such Constitutions of our own and the Catholick Church caused that Learned and tender Prelate Bishop Bedell v. Burnets life of Bedel to write the Letters of Orders and Institutions himself as the worthy Dr. Burnet the present Bishop of Sarum testifies of him The same Council condescended to take notice That Archdeacons would not suffer Incumbents to administer Divine service in the Cures they were admitted to till they had paid them six pence for matriculation in their Rolls of Call Which payment that Council reduced to one penny as formerly it was And is it probable they should omit a License if any that remembred such a Trifle And farther to shew the diligence of the Gloss on that Decree that nothing be forgotten It blames those Ordinaries that will Revise their Clergies Orders Institutions c. for benefit though they have perused and satisfied themselves about them before Thirdly In the first appearances of any Licenses to Preach we find the Incumbents of Churches not charged to take them But their Right to Preach by virtue of their Institution and their Obligation thereto is acknowledged The first Occasion of forbidding Preaching without License that we meet withall was in regard to Wickliffes Doctrins then much spread in England under the name of Lollards Not so called e Lolio from Durnell as Godolphin and Lyndwood and other Civilians fancy As if they were the plague of the Church as Darnell is of Wheat But from one Walter Lollard a German the first noted to profess those Doctrins about the year 1315. This Sect spread much in the Reign of Edw. III. and increased to the times of Hen. V. whereof John Wickliffe Rector of Lutterworth was the greatest Promotor in England Of whose Doctrine Forty Five Articles stand condemned in the Eighth Session of the Council of Constance Pacher de Concil l. 2. c. 3. As likewise at London Anno 1382. And at length the Professors of it were condemned to punishment by Act of Parliament made 2 Henry V. cap. 7. And Thomas Arondell Arch Bishop of Canterbury decreed many things against them Const l. 5. tit 5. de haeret in a Council held at Oxford Anno Dom. 1408. And Pope Martin the Fifth Anno 1429 raised a Crusado against Them under the Conduct of Henry Cardinal of S. Eusebius and if my memory fail not then Bishop of Winchester Now seeing that many Foreigners and Laymen Catechizers and Lecturers took upon them to Preach these Doctrines a Constitution was made in the said Council at Oxford 1408 That none should Preach without License The words of the Decree are Ordinamus quod nullus Soecularis aut Regularis ad praedicandum verbum Dei a jure Scripto minime authorisatus
privilegiove speciali munitus Officium ceu exercitium proedicationis ejusdem verbi Dei in se assumat Populove aut Clero quovismodò praedicet in Latino Sermone seu vulgari in Ecchsia aut Extra c. Unless He present himself to the Diocesan and undergo his Examination and being found fit he be sent to Preach to one or more certain Parishes as the Ordinary shall think fit And 't is order'd that no Rector or Vicar is to permit any to Preach unless he show his Mission or special Priviledge How he appears qualified for the service of Preaching Or if he come from the Diocesan He is to shew his Letters under Seal But this concerned those that were not authorised Jure Scripto as all Incumbents were And Friers Praedicants and Minors were authorised to Preach by special Priviledg and the Gloss thinks Augustinians and Carmelites were so too So that it did not reach them But it did reach all other Friers Strangers Lecturers Catechisers and the like That Incumbents were not intended is plain from the Exception Jure Scripto minimè authorisati for they had their Authority under Seal and by the Canons were bound to Preach And the following Clause cleers it Curatum vero perpetuum missum intelligimus a Jure ad Locum et populum Curae suae And it farther adds concerning Curates that might be changed Sacerdotes vero Parochiales seu Vicarii temporales et non perpetui in formâ supradictâ non missi in Ecclesijs illis in quibus hujusmodi officia gerunt Illa sola simpliciter praedicent quae in Constitutione Provinciali a bonae memoriae Johanne Praedecessore nostro in Capite Ignorantia Sacerdotum continentur expressè Now because men might imagine this new License to Preach was order'd to be taken on purpose to get more Fees 'T is wisely provided by the Council that it should be granted Sine aliquali Exactione pecuniae without any manner of Fee Celeriter expediunter et gratis says the Constitution And then the Council provides If any such Preach without these Letters or if any say the Church hath not power to lay on this Restraint he incurs the Sentence of the greater Excommunication and is to be treated as a Heretick or Shismatick having all his goods confiscated Yea the place where such Preaching is held if not stopt by the People is put under Interdict From this Constitution we may draw these Conclusions 1 That this was a new Law not imposed before to take Licenses to Preach 2 That Incumbents are declared to have power to Preach Jure Scripto by Law in their Cures 3 That some others had Right to Preach without taking these Licenses Privilegio Speciali as Friers Praedicants Minors Augustinians and Carmelites 4 That these Licenses were to be granted by the Diocesian Bishop and not per inferiorem Episcopo namely not by any Archdeacon Chancellor Commissary Official or the like 5 That these Licenses were to be taken by Strangers Lecturers c. but not by Incumbents nor their temporary Curates 6 That these Incumbents or temporary Curates were to Admit or Refuse such Preachers in their Cures as they should find their Licenses to be 7 That those who were bound to take Licenses to Preach were not to pay one Farthing for them This part of the Constitution well observed would end all Disputes about Parochial Diocesan and Provincial Licenses 8 It shews where this wise Council Judged Licenses to Preach necessary Namely for all that had not perpetual or temporary Cure of Souls For to them that had such Cures Ordination gave them Jus ad Rem Authority to Preach in any part of the holy Catholick Church But Institution gave them Jus in Re a Right to Preach actually to the People of their Cures And to the temporary Curates by virtue of the Incumbents Deputation As also to necessary Assistants in case of Sickness or necessary Absence The Friers Titles are not necessary here to be spoken to because this Church of England is troubled with none of them that come to challenge any Right V. Fifthly If the Canons of this Church did ever oblige Incumbents to take Licenses to Preach It was upon very extraordinary and Accidental Considerations Such as also forced the Church to compose books of Homilies for the use of Incumbents that could not Preach Upon the Reformation there were great Numbers of Incumbents brought into the Church in the time of Popery that were not able to Preach who yet turned Protestants and conformed to the Doctrine and Discipline of this Church as far as they were able whom the Piety and Charity of those times thought not fit to cast out of their Livings because they thought fit to give them some Respect for their Conformity and to save the Parishes from the burthen of their maintenance and those poor Priests from perishing through wants and because they had not Learned men enough to put into their places and because they would not willfully force by their violent treatment so many men to act against the Safety of Church and State which had Enemies enough both at home and abroad wherefore they were permitted to continue in their Living and to celebrate Divine Service but were never forbid to Preach yet when the Church found them able by their Study and Industry and often hearing Sermons to Preach They wisely took that opportunity to try their Parts and to bring them under Subscriptions to use the Protestants method by requiring them to take Licenses to Preach when they thought themselves able One may justly wonder how such ignorant Men came into the Church Con. Carth. 6. c. 19. considering how importunate the Primitive Canons are for Priests Preaching insomuch that the last Council of Carthage enjoyns it every day or at least every Lords day And if the Presbyter were sick the Deacon is order'd to read a Homily to the People And that S. Ambrose Chrysostom and Augustines Works shew that they Preacht all Fasts and Feasts as well as Sundays and often every day and many times twice a day But this change must be Attributed to the guidance of the Roman Church in which Preaching fell early into contempt for Sozomen observes the difference of that Church from all others Soz. l. 7. c. 19. in this matter 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which was in the Reign of Valentinian and Theodosius And least any should think Sozomen mistaken in the Practise of Rome he may find the same Affirmed by Cassiodore in his Tripartite History who lived in Rome and could not be Ignorant of their services 'T is true Valesius thinks this custome alter'd in Pope Leo who did Preach to the People but one Swallow makes no Summer He himself looks Irregular for his pains You may know that that Church holds Preaching to be no part of the Essence of Priesthood for they account Potestatem offerendi verum corpus Christi remittendi peccata the power of
offering the very body of Christ in the Eucharist and of Remission of Sins to make up the formality of Priesthood And accordingly Anathematize such as say Qui non Praedicant Cone Trid. Sess 23. de Sacr. ordin c. 1. prorsus non esse Sacerdotes one may be apt to suspect those to be of the same mind that judge a Priest in his place may not Preach without taking out a New License so to do We deny not but a Man may be a Priest that can't Preach in respect of Age Sickness or the like but deny him to be a Priest of Christs Institution that hath not power to Preach if he be able because Christ order'd all that he sent to Preach and Baptize And if you read on the next Session of that Council of Trent Ib. sess 24. de Refor cap. 4. they seem more for Preaching than our Protestant Visitors for they say Praedicationis munus Episcoporum praecipuum est and command all to Preach saltem omnibus dominicis sollennibus festis diebus Et tempore Quadragesimali et Adventus quotidie vel saltem tribus in hebdomade diebus But the History of the Council of Trent will tell you whence this new Flame of Preaching was rais'd intimating that Preaching was lost in Cathedrals c. nor did any but Regulars keep it up Hist Con. Trent l. 2. p. 173. till Anno 1546 when it was raised again by certain Rules of Reformation pass'd in the Trent Council on June 17th the same Year upon the loud Accusations and Complaints of all People both Popish and Protestant for a Reformation Yet that Church seems to have an aking Tooth against it to this day which may be guessed from the Scornful reproaches cast on the Preachers by some of them of whom we shall only instance in Becanus a Jesuite Bec. c. Gard. pag. 794. seeing his immodesty knows no Bounds in his Dispute with Gardius he tells him Quamvis modestiae Pallio se obtegat Gardius Praedicanticam naturam exuere non posse Again Hanc Praerogativam scilicet ineptiendi Praedicantibus relinquo So he charges him imperitia novi Praedicantis Id. 1. c. §. 16. p. 17. Id. § 73. Id. § 170. Id. c. 3. § 117. And farther Ita antiqui Patres id statuunt si tu cum vulgo Praedicantium aliter sentis per me licet Again notae sunt Praedicantium Imposturae ut facile caveri et contemni queant So again novellus aliquis Praedicans sussuratur argumenta ex Bellarmino By which and many other such like passages one may discern their bitterness against Preaching as a most ridiculous Employment yet S. Paul Magnifies or rather Glorifies this Office And tells us by this follishness of Preaching Rom. 11.13 1 Cor. 1.21 1. Cor. 1.17 God intends to save some And 't was the Apostles main business as that great Apostle notes For Christ sent me not to Baptize but to Preach the Gospel By which it appears that Preaching was not only an essential part of a Priest but is preferred to Sacraments themselves So that a Jesuite follows Jesus in his Name but his Sentiments are vastly different and often contrary for Christ sent the Preachers and the Jesuite derides them If any doubt of the Ignorance of the Roman Clergy Id. Con. Hard. Apol p. 622. at the Reformation they may see it proved beyond Exception in the learned Jewel against Harding in truth Learning made so great a fall in the sixth Century that the prime Men of the World had very little of it Even Theodorick King of Italy and Justin in Constantinople Amarcel in Addit p. 669. Greg. op I. 9. ep â—9 id 16. ep 29. could not write their own Names as Veles in Ammianus Marcellinus shews the greatest of Popes Gregory the great candedly confesses to Eusebius Bishop of Thessaly that he understood not a word of Greek nos nec Graecum novimus so also in another Epistle he says Graeca Linguae nescius And some great Men in the Church knew not Latin neither as Paulus Jovins notes of Riarius the Praesident of the Conclave of Cardinals Jov. vit Lev. x. l. 3. p. 127. Long. ad an 1389. that Aetatis honore Sacerdotijs atque opibus caeteros omnes anteibat quanquam Ei deerant Literae atque eae Virtutes quae Sacerdotem exornant Boniface the IX Pope fuit pane illiteratus says Langius That Julius 3 understood no more Latin than a Soldier There fore the Canon calls the Popes Doctores Authoritate non Scientia Doctors by their place not by their Learning which gives some colour for the English Proverb that he can write no more than the Pope of Rome Poor Heriman Bishop of Babenberg was says Langius expers Literarum and unfortunatly charged by one of his Canons Lamb. senet Chro. ad an 1075. that he could not Construe one verse in the Psalmody was says Lambertus Schafnaburgensis deposed by the Pope from his Bishoprick but continued a Priest Yet Gregory the great was more indulging for he confirmed Rusticus Elect Bishop of Ancona et si Psalmos ignoraret It seems Popes lookt asquint on Learning as dangerous to their spiritual-worldly Dominion for Paul II. call'd all that studied Philosophy Hereticks And forbad the Citizens of Rome to keep their Children to School longer than to write and read Satis esse dicens si legire et scribere didicissent which Platina notes in his life the Chronologer remarks Lang. ad an 1389. That when Chrysolaras Bizantinus came to teach Greek in Rome which was about 1389 the Greek tongue had been disused there for 700 years last past St. Francis also it seems was a great stickler against Learning for he curst Frier John for going to Bononia for Learning Lang. ad an 1254. saying Se malle Fratres suos magis orare quam Legere as Langius reports it of him One may see to what Barbarity the World was come by the Canons that were made in favour of Ignorance as that Sancti loquentes per Barbarimos non sunt irridendi V. de Consecrat Dist 4. c. retulerunt and again Episcopi errantes in Grammatica non sunt a Sapientibus deridendi 38 Dist c. quamvis c In pursuance of the design of these and such like Canons zealous Langius falls fowl on Erasmus for deriding the well meaning Cardinal Hugo's strange mistakes about the meaning and derivation of Greek Words but thereby proves the Barbarity of the times Lang. ad an 1250. saying of S. Hugo In ea tempora incidisset quae politiores Literas praecipue Graecas totam et per Galliam et per Germaniam prorsus incompertas inauditas habuerant You may guess by this little how dimm the Light was that guided the World till the Reformation and what wooden Tools those Sr. Johns were that then supplied the place of Burning and shining Lamps We will propound but one grave dispute upon this Subject and so
Inducted 5 unless he subscribe the use of the book of Comon Prayer and take the Bishops Certificate of it 6 unless he within two months after Institution and Induction read the 39 Articles in his Church on some Sunday tempore Divinorum and declare before the Congregation his unfeigned Assent and consent to every thing conteined and required in them And on the same Sunday read the service of the day In all which we hear nothing of this License to Preach And his 5th refers only to Incumbents Aug. 24. 1662. Again the same Author Id. c. 28. §. 1. in his Title Incumbent shews four things Preparatory to the being a Compleat Incumbent 1 The Patrons Praesentation 2 The Bishops Admission after Examination making a Record of his name 3 The Clerks Institution 4 The Clerks Induction These things and peacable possession for six Months is a Plenarty pro hâc vice and barrs any in a Quare Impedit So that then Licenses are neither antecedently necessary to the settlement of an Incumbent nor consequently necessary to continue him in his Cure What then should move some men to urge these Licenses but what makes the Mare to go Seventhly That the forcing Incumbents to take Licenses was of no benefit to the Church nor to the Officers but the Fees This will appear 1. By considering that Licenses to Preach can't bind from Preaching false Doctrine more than Subscription to the 39 Articles will do for what virtue is there in the Bishops or Chancellors hand and wax more than in our own Subscription and Promise to keep us Orthodox Is that an Amulet against Heresy nor can we see any virtue in it to restrain Preaching against Conformity or Ceremonies more than in our Subscription to the three Articles in the 36 Canon of the Canons made 1603. Besides the Laws of this Realm back and enforce the observation of our Subscriptions but take no notice of these intruded Licenses as arbitrarily imposed on a tame and couching Clergy 2. The Clergy may as effectually be corrected and Reformed from ill Heretical or Shismatical Preaching without Licenses as with them For the Incumbent may be convened admonished Reprov'd and upon non Amendment may be suspended and if contumatious Excommunicated and standing so for Forty daies may be deprived And if he still persist in Heresy or Schism be diliver'd over to the Secular Arme. If they will give him Liberty of Preaching they are answerable to God for all the Mischeifs he doth but the Church is clear This way must be taken with Licenses too as well as without For tho' men dote on them they can no more strangle wicked Preaching than other Seals and Subscriptions nor so much being not warranted by Law And in truth this was the only Remedy the Primitive Church had to suppress all their Heresies and Schisms convening the Offender before the Diocesan if that cured not the malady then before the Synod where the Heresy or Schism was declared and the Party reformed or Excommunicated and the People admonished to withdraw from Him This Course may be taken still against all sorts of Sectaries that by Baptism were once made members of our Church Who either will not take Licenses or can't be reformed by them If it be said that however Licenses are a more expedite way because 't is but taking them away from such as Preach Heresy or Schism We may answer 1 They must first be convicted by due process before they are punished for Hallafax Law is not well relished in England So that the other method will be as nimble as this 2 If Licenses are durante beneplacito they are too haughty for any thing less than the Papal Dignity to give and too slavish for a Minister of Christ to receive 3 If teaching be an essential part of Priesthood 't is impossible to take it away but by deposing the Priest and that is the punishment directed in the 38 Canon 4 'T is probable such ill men would not deliver up their Licenses nor if they did would hold themselves thereby disabled to Preach seeing generally speaking all Clergy believe themselves authorised to Preach by Ordination and the place assigned out by Institution and think Licenses as useless Tools imposed upon Incumbents of Livings so that the Cure would not be so quick as imagined 5 Add to this that it would look ill to see an unpreaching Ministry neither suspended ab Officio nor Beneficio but a parte Officij a term as uncouth among Civilians as Chagrine amongst the English 3. The dreadfull Rebellion of 1640 did give us a sad Experience of the little service these Licenses did the Church for the Lecturers to whom they were necessary were so far from being confined by them That they were the loudest and shrillest Trumpets of the War The Lecturers Holy water swell'd the Flouds of the Church and States calamity Their Pulpits were the bellowing Drums on which they beat the Allarms of War Burnet Ref. p. 2. lib. 1. pag. 160. They were set up says the History of the Reformation in 1550 and Barrow against Gifford tells you why The Lecturer was brought in to answer the Geneva Platform that we may have a Doctor besides a Pastor He calls him a Sectary Teacher V. Barrow against Giff. pag. 136. a Roving Stipendiary Predicant brought in by such of a Parish as have Itching Ears From these arise the Schisms and Sects in the Church of England They are Sighers for Reformation and Conscience Botchers They seduce and distract the People some to this Preacher some to that from their own Parishes and Churches calls them bats being neither Laiety because Ordained nor Clergy because they had no Benefices Of whom He gives a large and no doubt a true Account having been bred under them till he turn'd Brownist and fell into the Rigid Separation 'T is probable that Holy Bishop and Martyr Ridley foresaw the danger that would arise from such Licentiates that He set himself so heartily against them as the Historian notes as also did King Edwards wise Privy Council forbidding the People Burnet ibid. to have any thing but Prayers on the Week daies It were not difficult to shew that the Smectymnuan Party and many other of those Firebrands of that Rebellion were men tied by Subscriptions and yoaked with these Licenses yet being men of no Consciences these nor any other Ties could hold them but like masterless Swine broke through the Quickest hedges of Laws and Canons with these Yoaks about their Necks Which also proves Barrows Character true of the Lecturers That they had Counterfeit shews of Holiness Barrow ib. gravity austereness of manners preciseness in trifles but large Consciences in matters of greatest weight And withall shews that the very Reason urged for the necessity of Licences viz. to stop the Preaching of Sedition doth rather prove the uselesness of them to that End by the very Instance given Having cleered the Truth
were bound to hear Answ 1. We consent that Ordination assigns no place to exercise our Authority in but It refers the Practice in express words To the Congregation V. Office of Ordin of Priests where Thou shalt be Lawfully appointed thereunto Which place the Bishop knows before hand for He is not to Ordain without a Title It being an ancient Rule in the Common Law of this Realm That no Bishop may ordain Laymen to the Order of Clerks above the number suffizing to serve the Churches as that old Author hath it in the mirror of Justice And the Canons of 1603 shewing that It hath long since been provided Mir. Just c. 1. §. 3. p. 14. by many Decrees of ancient Fathers That none should be admitted either Deacon or Priest who had not first some certain place where he might use his Function They therefore Decree Canon 33. That henceforth no Person shall be admitted into sacred Orders except he shall at that time exhibite to the Bishop of whom he desireth Imposition of hands a Presentation of himself to some Ecclesiastical Preferment then void in that Diocess c. Providing that if any Bishop admit any that hath no Title there enumerated He shall keep and maintain him with all things necessary till he do prefer him to some Ecclesiastical Living 2. Institution is the Instrument by which the place of Preaching and performing all other Functions of an Incumbent is Lawfully appointed For Licenses to Preach are unknown to the Law Institution avoids all Confusion And without Institution assign the place of Exercise of the Ministerial Calling it is altogether useless 3. Licenses to Preach may name a Place but can assign none because it is not the legal Instrument to give the Title nor can we take any Induction upon such License should it be granted 〈…〉 â—ice 〈…〉 â—er◠〈…〉 〈…〉 â—y 〈…〉 â—on 〈…〉 gave us power to do these but assigned no place and without a certain place we should run into Confusion one may with as much Reason urge a new Grace to every Dish of Meat that comes up at a Dinner The Argument is fallacia Consequentis It being a plain non sequitur That Ordination assigns no place therefore we must take Licenses The true Consequence is therefore we ought to have Institution In a word he that holds this Argument good is at home in no Principles but in Popery For he must believe Preaching to be no essential part of a Priests office but that the formal Reason of a Priest is to offer Sacrifice and to Remit Sins according to the true notion of the Council of Trent But to as many as believe the Ratio Formalis of a Priest is Preaching the Gospel and celebrating Divine service and Sacraments The Argument is a plain Absurdity Yet God forbid we should think those that use it took it out of the Trent Cloak-bag Obj. 2 The Canons of 1603. do Require that Beneficed Men take Licenses to Preach For the 45 Canon mentions Beneficiati ad Concionandum admissi And the 46 Benefeciatus ad Concionandum non admissus Answ 1. Those Canons mention no License to Preach 2. Nor is it the design of them to Require Incumbents or any other to take such Licenses 3. Only they may suppose that the weak Romish converted Incumbents suffer'd to continue in Benefices or those weak Men the Reformers at first put in might be obliged to take Licenses before they Preached 4. The Canons may respect Benefices that are not Presentative but Donative of which there are many in England and such Incumbents having no Institution will need Licenses both to Preach and do all other duties of a Minister in their Benefices 5. Nor is it likely any thing hinder'd those Beneficed Men from Preaching but their own inability seeing the 46 Canon requires and instructs them to procure others to Preach for them Concionem per Corcionatorem legitimè approbatum haberi procurabit once every Month at least For he that appoints whom he pleases may do it himself if he could 6. We doubt not but a Church ought to Examine who is fit to Preach before he be allowed but this the Roman Church did not require in their Massing Priests therefore they examined them not And 't was in vain for the Reformers to examine theirs whom they know to be insufficient for it But the Bishop ever since is bound to examine this Ability before the Ordination and so there is no Room nor Occasion for Licenses to Preach as distinct from Ordination and Institution in this present State of the Church A Helmet may be useful in a Battle but it shew'd Mark Coleman mad to wear one every night in his Bed 7. In short the design of the 45 Canon was to command all men that were able to Preach one Sermon in their Cures every Sunday but because some could do it and some not the Canon distinguishes and Requires only them that were admitted to Preach and the 46 requires those that could not to procure one that could and this is the Summ of the matter Obj. But it is very Expedient that Incumbents take Licenses to Preach to prevent Error in the Church and Sedition in the State Answ Would Licenses to Preach work these mighty Feats He were to blame that would not make them Annual So great a Benefit were a cheap Purchase at 10 s. per Annum a man But alas men fancy what brings them profit is profitable also for every Thing The Mountebanks Pill cures all Diseases England hath labour'd under more Heresies Schisms and Seditions since this Antidote was Invented than ever It did before as is too evidently Demonstrated in the 7th Proposition If those Christian Ties of Subscription to the 39 Articles with a solemn Promise in the presence of God and in the Face of his Congregation to Preach no contrary Doctrine will not restrain men from Preaching Errors how should a meer License to Preach effect it And he that can Preach against or disuse the Common Prayer or inveigh against the Discipline of the Church after Subscription to the 3 Articles conteined in the 36 Canon in these words I N. N. do willingly and ex animo Subscribe to these 3 Articles above mentioned and to all things that are conteined in them There is no hope that any chains but those that are Everlasting will hold that man Much less can this dull Tool do it that implies no Tye but Authority to Preach In truth the Church could find no better Links than what men make with Their own Pen unless they should advance an Inquisition But we may well wonder why those Licenses are no N more earnestly urged than before Considering 1. The General Liberty granted by the State to Preach any thing so they impugne not the Doctrine of the Trinity 2. And the Practise of the several Sects that Preach what they please and will endure no Obligations to Restrain them from God nor
Man 3. And the Practise of Latitudinarans in the Church that can explain the Mystery of the Trinity into Tritheism And shew us that we may worship Gods in a greater and Gods in a lesser Sence without believing themselves oblidged to the Contrary by these Licenses 4. And that the proper Legal Subjects of Ecclesiastical Power are swept away namely the High Commission for punishing Heresie and the Star Chamber for punishing Seditious Preaching and Conventicling to disturb the State Would they shackle the Clergy while the Sects cuff out their Eyes 5. After such Recorded Subscriptions and solemn Promises as Incumbents have made what need they fear their Preaching Heresies and Schisms unless they believe them Knaves especially seeing they are the only Banks left to stop the Inundation of Errors that threaten to drown'd all before it 6. Were Men sincere in their Zeal against Errors one would think the most probable way to stop them were to Intercede with the Government to shut the Floud-Gates which they have opened to Libertines 'T is no small ground of Suspition that the stopping Errors is not the Thing designed while men pretend to stop Errors that are possible only when they attacque not them that are flaming amongst us 'T is certain the Clergy at present have no Liberty to doat upon Questions having work enough to secure their Parishioners Consciences from the Infection of such Errors as the Sects broach among them and to confute their pernicious Pamphlets If the matter aimed at be a Power to out any Incumbent of his Cure under Pretence of Preaching Error or Sedition We may say the Bishops of the Church have power enough to deprive for Heresy and Schism for Disobedience and Incorrigibleness as Mr. Nash can tell you in his Case And for contumelious words of the Book of Common Prayer as Mr. Robert Cawdry can shew in his Case Mr. Parkers Case also can shew that a man may be deprived for Drunkenness v. Repert Can. c. 27. Pars. Law c. 17 18. Pars. Counsel lib. 1. c. 9. if he refuse to Reform after Admonition And in truth if our Authors deceive us not any Crime may deprive a Man if the Criminal stand Forty days Contumacious after Excommunication so it be a Crime of Ecclesiastical Cognizance and deprivation be its Punishment Canonical and that the Canon be not contrary to the known Law of England And the Fact be not discharged bv some general Act of Pardon But still if the Party so deprived will bring his Action for Tythes against his Parishioner the Validity of the Bishops Sentence will come into Question and must take its Fortune As it was said in Burtons Case where the Parson was deprived for Adultery but a general pardon intervening He was Restored without the Ecclesiastical Court Hab. searle and Williams case f. 293. because the Judgment of Pardons belong to the Common Law And so it will be if the Bishop deprive any after Revolt from Subscription and License according to the direction of the 38 Canon However if an Occasion of deprivation be the design the Clergy ought to be the more wary of admitting such an Innovation seeing it hath so sharp Teeth As to that Part of the Objection that referrs to Preaching Sedition we may say 1 Subscription to the three Articles Secures that too Seeing the First of the three vindicates the Royal Rights 2 Oaths of Allegiance are much stronger than these imagined Ties 3. There are Laws enough to suppress such Preaching and Punish them 4. Licenses to Preach are not proper Instruments to hinder Preaching in any kind 5 Many in 1640. did under these Licenses Preach Sedition We find therefore upon the whole matter these Licenses to Preach are expedient for nothing more than to bring in Fees which yet if they must be continued ought to be given Gratis Obj. 4 However Incumbents must take Licenses to Preach any where but in their own Cures seeing Institution can Authorise them no farther than to their own Parishoners Answ We may see by this Objection that close fisted Avarice will hold fast its Prey whilst any tho' never so weak Pretence can be made But we may knock off its Fingers by shewing that whoever is Ordained a Priest hath power to Preach in any part of the Catholick Church wherever He is lawfully called to it And who can doubt but a Bishop may have Lawfull Power to call a Man to Preach at a Visitation or to the Lord Mayor of London or before the King Or any Minister to have power to call any to help him in his own Cure 'T was never yet denied but an Incumbent's Authority is sufficient to inable him to perform by another what Sickness Necessary Absence or any other Lawful Impediment makes him unable to do in his own Person 2. Doth not the 46 Canon Authorise and command him to call in a Preaching Minister once a Month at least If he cannot do it himself Men use not to Preach in any Neighbours Church but at their Request or in case of vacancy by a License to serve the Cure 3. If it be necessary to take a License to Preach in another Parish is it not necessary also to take another Institution or License to celebrate Divine Service or Sacraments there Or if not may not the Incumbents Intreaty be as sufficient for Preaching as for Celebration of the Service and Sacraments Any thing but Avarice would blush at such trifling Objections In truth he that Preaches and he that Officiates in any other place but his own Cure doth it not by his own immediat Authority but by the Right of Him that calls him to his assistance But 4 Let it be supposed that Titius hath no Right to Preach any where but in his own Cure will the Bishop grant him a License to Preach in Sempronius's Cure will not Sempronius think that injury to himself and Usurpation in the Bishop will not such a License introduce all the Confusion complained of For in many so Licensed which of them can command the Pulpit which ought the People to hear seeing all are alike Licensed to Preach Otho const t. 12. cum sit Ars Const 13. ut 5 would not the Patron also think himself wronged by such an Intrusion yea the Constitutions Provincial forbid it Exigit namque Ars nostra Catholica ut unicus in una Ecclesia sit Sacerdos such also is that of Stephen Langton in the Council at Oxford Anno. 1222. Nec de caetero plures vicarij in eadem Ecclesia constituantur The Canonists indeed say The Pope may Preach in all the world The Bishop in any place of his Diocess and the Incumbent in his own Cure But none say the Bishop may Authorize two or more in the same Cure which yet must be upon this supposition And 't is very improbable any man would take a License to Preach where he hath no particular Intention to Preach no more than he would take out
a Matrimonial License to Marry where he hath no thoughts to Marry Obj. 5 But still 't is urged That the Canons imply at least That Incumbents ought to take Licenses to Preach therefore it ought to be done Answ 'T is true that men have long fancied this having had the Jaundise of Gold upon Them they thought the Canons looked yellow on them Hence one while the Chancellors and Commissaries challenged the Right to grant Them another while the Bishop damns all Theirs and advances his own One while the Licenses are Parochial another while Diocesan and sometimes Provincial as the Itch of Lucre moves but in truth tho' there may be some Umbrage yet there is none that cleerly commands the taking of such Licenses by Incumbents and Burdens cannot be imposed on the Subjects by probable Implications without express words as the best Lawyers generally affirm The Canons cited to prove the duty of taking such Licenses are the 45 and 46. The 45 says all beneficed men allowed to Preach shall Preach one Sermon every Sunday Where allowed to Preach Is put in to Excuse those that were not able to Preach Const. Prov. de off Archipresb from this Command For all were allowed to Preach that were Instituted if they were able by the Constitutions of the Church That all Rectors and Vicars shall instruct the People committed to their Charge Pabulo verbi Dei Nor can it be supposed That any Instituted to a Cure of Souls was forbidden to Preach seeing that would be malum in se and contrary to the Canons and destructive to the People but his inability might be wink 't at till able and then might be allowed Ore tenus by kind incouragment without wax and Parchment Or suppose the Beneficed man were upon a Donative then he ought to take a License or would be a Preacher without Subscriptions But the First seems most agreeable because the 46 Canon requires That a Beneficed man not allow'd to Preach should procure a Sermon once a Month which is best explain'd by being wink 't at or excused from Preaching as unable for else he was not only allow'd bit Required to Preach Jure Scripto by Virtue of his Institution if Orthodox and Able The 36th Canon bids fairest for a License to Preach but cannot be so understood generally The Words are recited before No Person shall be received into the Ministery except he be Licensed this must referr to a License of Ordination called Letters of Orders Not admitted by Institution to any Living except he be Licensed this we call Letters of Institution Nor Suffered to Preach to Catechise or to be a Lecturer or Reader of Divinity This we call properly a License to Preach and so that Canon is accounted for Conformable to the Canons and Practise of the Church But the other way supposes we must have a License to Preach before we can be ordained or be brought into the Ministery 'T is probable these Considerations swayed that wise and Learned Man the present Bishop of Worcester the true Ornament and Defender of this Church to wave pressing of these Licenses in his Primary Visitation And to tell us All Persons who had Cures of Souls and Legal Titles Bish Of Worcester charg p. 10. were said to be Missi a jure ad locum Populum Curae suae and therefore might Preach to their own People without a special License Upon the whole matter arises this Question whether those Officers that have Receiv'd Mony for these Licenses ought not to Refund it To which it may be answered that they ought to make Restitution because they can have no Conscionable Right to it For the Fruits of Imposture Extortion and Cosenage are accursed Things And those that take more than they ought stand suspended Const prov l. 3. c. 6. de Instit ab ingressu Ecclesiae donec haec contra recepta Solventibus Restituantur laeso suâ culpâ satisfaciant in praemissis as John Stratfords Council determins in 1342. And in another place the Council determins if any Require more than is allowed Ingressum Ecclesiae sibi noverint interdictum quousque de duplo Satisfactionem impenderint solventibus competentem Id. Conc. l. 3. tit 22. de censib v. cap. sevas Double Satisfaction the Constitutions in most places impose upon Extortion of Officers And so 't is decreed in Extortions at Visitations and Corrections of Incumbents The Gloss adds if the Archdeacon receive Procurations when he doth not visit forsan quia Episcopus eodem anno visitavit suspendebat Iurisdictionem Archi Diaconi Id. ib. cap. Quama is lex nature Now we have shewed before that tho' Arondell in his Council at Oxford Anno 1408. had Decreed that Licenses to Preach should be granted by the Diocesan Ib. in cap. ut singula sine aliquali Exactione pecuniae And again celeriter expediantur gratis difficultate quacunque semotâ without any exaction of Fee Delay or Dificulty with what Conscience then can Men retain what they extort from a poor but humble Clergy Const l. 5. tit 5. c. Reverendissimae c. almost reduced to Extremety by other insupportable Burdens Yea John Anton a Canon of Lincoln in his notes says He that grants these Licenses may take nothing Etiam si sic Licentiandus gratis voluerit aliquid solvere Tho' Men pay it willingly Gloss 16. they can't hold it honestly We will add no more being perswaded that if Mens own Rules will not convince their Consciences no Reasons will prevail For we have made it plain from their own Laws that whether Men ought to take these Licenses or ought not yet no Money is to be paid for them Or if any be paid that it ought to be Restored again If it be urged that the Officers cannot subsist by doing the work Gratis it is already answered by the Constitutions themselves Const Prov. l. 3. c. 22. c. saeva c. That the Ordinary is bound to provide maintainance for them if the allowed Fees will not do it thus Stratfords Constitution that assigned the Fees declared In caeteris vero Ordinarij suis teneantur Ministris stipendia constituers quibus debeant merito contentari Stephen Langton in his Council at Oxford forbids any thing to be taken for the Paper or rather Character of Collations Canst Prov. l. 3. t. 6. c. quia juxta Institutions or Induction but as the Title hath it Collator Gratis conferat se per se per suos The Bishop is to settle any Incumbent or Praebend Gratis farther than what the Canons allowed And the Question is there put by Lindwood whether the Notary or Secretary may receive nothing seeing no man is bound to serve in War without Pay and brings in many saying quod Episcopus debet talibus scribentibus de suo providere And produces another Rule out of the Law Quod sicut Episcopus Gratis Episcopatum suscepit it a membra