the golden calfe and yet was not vpon his repentance put from his priesthood Likewise by Peter whose reuolt and tenâ—porarie apostasie in denieng his maister Christ was no lesse hainous than the sinne of our idolatrous priests who for the most part sinned but of ignorance in that generall blindnesse and to the like end also * c. vt constitueretur 50. dist ex Aug. ad BonifaciuÌ„ this example is else-where alledged Likewise Augustine afterward a famous Bishop was by the space of manie yeares a detestable Manichee as he witnesseth of himselfe Also Tharasius the patriarch in the councell of Meldis being the seuenth councell propounded thus to the whole councell Dooth * c. conuenientibus 1. q. 7. ex concilio Meldensi siue septima synodo it please you that those which haue returned from heresie shall reteine their former roomes The holie moonkes answered As the sixe generall councels haue receiued those which haue returned from heresie so doo we receiue them And the whole councell answered It pleaseth vs all And Basilius the Bishop of Anchyra Theodorus the Bishop of Mirea and Theodosius the Bishop were willed to sit according to their degrees in their seates And a little before the said Patriarch saith Behold manie bookes of canons of synodes and of ancient fathers haue beene read and they haue taught vs to receiue those which returne from heresie if there be no other cause in them to the contrarie And the glosse * Gl. 1. ibidem there gathereth the whole summe of that action thus They decreed that they who returned from heresie were to be restored to their former estate so that in writing they doo renounce the heresie and make proprofession of the catholike faith But those are not so to be receiued which of purpose procured themselues for the subuersion of our faith to be ordeined by heretikes Againe saith * c. quod pro remedio §. similiter ibid. the canon Likewise by dispensation in the verie councell of Nice it was decreed concerning the Nouatians that vpon their returne againe to the church they might be receiued to orders There is also * c. quotienâ— ibidem set downe the forme of an abiuration for a Bishop returning from schisme Further Leo * c. maximum ibidem saith concerning a Donatist Although Maximus was vnlawfullie of a meere laie man ordeined suddenlie to be a Bishop yet if he now be no Donatist and be free from a schismaticall spirit we doo not thinke good to put him from that Bishoplie dignitie which but so so he hath attained Mention * Daibertuâ— ibidem also is made of one Daibertus which hauing taken order of deaconshop of one Nezelon an heretike which also had none other ordination but of an heretike was a fresh made a deacon not that the order was reiterated but bicause he could not be said to receiue that at anothers hands which the partie himself had not Augustine * c. ipsa pietaâ— in fine 23. q. 4. ex August ad BonifaciuÌ„ speaking of the repentant Donatists saith Let them haue a bitter sorowe of their former detestable errour as Peter had vpon feare of his lie and let them come to the true church of Christ the catholike church their mother and let them be clearkes and Bishops in that church profitablie which before carried hostile minds against it we doo not enuie them but we imbrace them exhort them and wish it of them and whome we find in the hedges and high waies we vrge to come in And the Decretall epistle dooth no otherwise debarre heretikes being ecclesiasticall men from continuing their function but * c. ad abolendam when vpon the finding out of their error they shall refuse presentlie and willinglie to returne to the vnitie of the catholike faith And touching such * c. omn. 1. q. 1. c. si qui presbyteri 1. q. 7. canons as in apperance at the first séeme contrarie the * c. nos consuetudinem dist 12. glosse verie truelie reconcileth them together saieng By common right none that returneth from heresie may be ordeined but such are dispensed with as when they are suffered to be preferred to the lower orders 1. q. 1. c. si quis haereticae The dispensation is full when he may be made priest but no further 1. q. 7. c. conuenientibus It is more full when he may be made a Bishop but not a Primate as in this place it is most plentifull when he may be promoted to all other dignities 23. q. 4. c. ipsa pietas Yea besides the continuall practise and custome of this realme euen in hir Maiesties iniunctions made the first yeare of hir blessed reigne of Priests then which had but small learning and had of long time fauoured fond fantasies rather than Gods truth which must considering the time then néeds he vnderstood of massing priests it is affirmed that Their office and function is of God and therfore that they are to be reuerenced And the * 13. Elza cap. 12. statute cléerlie decideth the tollerating of all priests in their functions ordered neither in the time of king Edward nor in hir Maiesties reigne so they publikelie did testifie before a time there prefixed their vniformitie with this church in matters of religion By the practise of our church after God had opened their eies to sée the truth they were not onely tollerated but some of them aduanced by our godlie Princesse to the highest dignities in it And God did not onlie singularlie blesse their ministerie towards others but vouchsafed the persons of some of them the crowne of martyrdome Euen in the reformed churches of France thought of all other by our men most strict and woorthiest of imitation such as had béene popish priests as may appeare were tollerated to continue their function and to reteine their benefices being conuerted to the gospell CoÌ„me * Pierre Viret in Decalog ie ne veux c. As I will not saith Viret at all condemne the tolleration vsed towards such for christian charitie sake and bicause they should not bee driuen to despaire so would I also desire they should vnderstand that they may not hold those goods with a good conscience except they labour to the vttermost of their power according to the estate whereto God hath called them to the edification of the church and the releefe of the poore whose goods they inioy And to this effect he also speaketh more at large in an epistle written to the faithfull And it is conteined in the * La discipline eccles des esglises reformes duroyaulme de France art 2 3. discipline set downe by all the reformed churches of France that Bishops priests and monks conuerted to the gospell from Poperie might be assumed to the ministerie of the gospell after the confession of their faults and errors and good experience had of their conuersation and doctrine The like may be said of other churches abroad
AN ABSTRACT OF CERTAINE ACTS OF PARLEment of certaine her Maiesties Iniunctions of certaine Canons Constitutions and Synodals prouinciall established in force for the peaceable gouernment of the Church within her Maiesties Dominions and Countries for the most part heretofore vnknowen and vnpractized Cod. de Epis Cler. 1. Nulli licere ⧠Neither let them feare to be called and suspected picke-thanks seeing their faithfulnesse and diligent trauell carrieth with it as well praise as honestie and godly Zeale hauing published the truth to the eares of all men and brought it to the open light PROVERB 31. 8. Open thy mouth for the dumbe in the cause of all the children of destruction To the Christian Reader Thou hast seene beloued by long experience a lamentable contention to haue growen and continued in our English Church about reformation of Ecclesiasticall discipline and popish ceremonies whereby the quiet and peaceable estate both of the Church common wealth haue bene shrewdly troubled and brought in hazard The causes of which war and dissention I leaue to the good consideration of thy godly wisedome onely I am to intreat thee to accept this my labour bestowed vpon the study of the lawes appointed for the gouernance of the same Church hoping that by the authoritie of hir excellent maiestie and the counsaile of the honorable fathers and gouernours of hir highnes empire they may hereafter not onely be better executed but also if the case so require be reuisited For were the same lawes either better knowne vnto the whole Church either better executed by those vnto whome our gracious Soueraigne hath committed their Execution no doubt but very many and notable points of such controuersies as haue bene a long time amongst vs would be easily and speedily by the same lawes decyded I am not beloued in this so waighty a cause absolutely to rest my selfe vpon the skill of mine owne simple iudgement onely according to the knowledge giuen vnto me I haue for my part faithfully laboured to cite the lawe for that ende and purpose wherevnto I take the same to haue bene first ordeined And therefore I am hartely to desire thee to accept of this my labour and trauaile vndertaken not onely for the defence of her highnesse Lawes but also for my brethren and neighbours sakes and that peace and prosperitie might be within the wals and pallaces of Ierusalem Farewel and pray in thy spirit for the preferuation of the life of our gracious Queene ELIZABETH Pag. 1 AN ABSTRACT OF CERTAINE ACTES OF Parlement of her Maiesties Iniunctions Canons and Synodals Prouincial esta blished and in force for the peaceable gouernment of the Church within her Maiesties Domini ons heretofore for the most part vnknowne and vnpractised BY an act of Parliament made the 25. H. 8. C. 19. intituled An act concerning the submission of the Cleargie c. It was enacted as followeth Pag. 2 Prouided also that such Canons constitutions ordinances and Synodals prouinciall being alreadye made which be not contrariant nor repugnant to the lawes statutes and customs of this Realme nor to the domage or hurt of the Kings prerogatiue royall shal now still be vsed and executed as they were before the making of this act c. This act is reuiued 1. Eliza. ca. 1. Out of this act I conclude that all Canons constitutions ordinances synodals prouincial made before this act requiring and commanding a learned Ministerie prohibiting many benefices to be giuen to one man prohibiting ciuil iurisdiction to be in Ecclesiastical men and prohibiting one man to excommunicate for that such Canons c. cannot be contrary or repugnant to the lawes of this Realme nor hurtful to the Kings prerogatiue are in force ought to be executed therfore by this act all the Canons specified in any part of my treatise are in force so by vertue of this act a learned ministerie commanded Pluralities forbidden c. Pag. 3 A LEARNED MINISTERIE A learned Ministerie commanded by the Lawe NIHIL EST. c. There is nothing that may Ex De elect Cap. Nihil est hurt more the Church of God then that men vnworthy are taken to the gouernment of soules VVe therefore willing to apply a medicine to this disease decree by an inuiolable constitution that when any shall be chosen to the gouernment of soules he to whome the confirmation of his election appertaineth diligently examine both the processe of the election and the person elected to the ende that if all things concurre aright he may confirme him in his function For otherwise if any thing shall be vnaduisedly attempted not onely he that is vnworthily promoted but also the vnworthy promoter himselfe shall be punished and if any man shall approoue any of insufficient learning of an vnchast life or not of lawfull age when his negligence herein shall appeare we decree him to be punished thus not onely that he be quite depriued of power to confirme the next successor but least by any meanes he might scape vnpunished that he be also suspended from the commoditie of his owne benefice Out of which constitution these conclusions may briefly thus be gathered 1 Whatsoeuer is hurtfull to the Church of God the same is to be forbidden 2 But it is hurtfull to the Church of God to haue vnworthy men taken to the gouernment of soules 3 Therefore the same is to be forbidden 1 He that cannot worthily execute his office is not to be admitmitted to holy orders and Ecclefiasticall dignities 2 But a man of insufficient learning and of vnhonest conuersation cannot worthily execute his office 3 Therefore such a one is not to be admitted to Ecclesiasticall dignities Pag. 4 IF any iudge the meaning of this Chapter to be onely of superiour Prelats as Archbishops Bishops Abbots or such like elected by some common societie of Canons Monkes Friers or collegiat Priests because of these words Election and Confirmation properly applied to such and not to inferior ministers which are properly sayd to be presented and instituted then is such both diligently to marke the reason of the decree prouiding a remedie against the detriment that might redound to the Church in both cases if for both remedies were not before hand prouided And also to vnderstand that the name of Prelate is by law attributed likewise to euery Parson and Uicar hauing cure of soules Quia quilibet qui praeest â—â—ae animarum dicitur esse Praelatus Euery one that is preferred to the cure D. ex de eleric â—grotant â—â—sud giâ—s lynd Consti de sâ—cra iterâ—nd c. ignorantia vers praelatâ— of soules is named by this name Prelate And also that election and confirmation in and to the superiour functions haue but the very same effect to the obtaining of their promotions that presentation and institution haue to the inferiour Ministers for enioying of their benefices then is such I say to consider all these things together with the ende of the Chapiter where
gouerne may in deede be called a flocke the minister ought to be the forme of the flocke wherevnto the inferior sort ought to reforme themselues the Ministers ought to be examples and as markes for others to shoote at These grounds reasons amongst the greatest part of our ministers haue had no place or intertainment at all but are vtterly turned topsy taruy For where by these Maximes they should be seers where they should goe and slep before others in knowledge as guides to conduct them where they should for their pietie and honest conuersation be paâ—terns for others to square out their actions by where they should be markes for people to ayme and shoote at they be now for the most part cleane contrary euen the very tailings and garbage of the people and such as can scarâ—e say B. to a batledore Markes in deede to aâ—me at but such as the nearer a man should shoote at the more it would be his hinderauce Examples in deede they be but alas such examples as it tueth good men to see how many by them are drawne to vngodlinesse and vnhouestie to Alehouse haunting to dycing to table playing to carding to bowling to beare-bayting yea and that on the Lords day too But I say that notwithstanding these things be thus abused yet the law prescribeth still how they should be better vsed as followeth Pag. 9 LICET CANON c. Although the Canon of Alexander the third our predecessor among other things did ordaine that none 〈◊〉 elect 〈◊〉 canon should take vpon him the gouernment of any parish Church vnlesse he had accomplished the age of 25. yeares and were commendable for his knowledge and honestie yet because in the obseruation of the foresayd Canon many haue shewed themselues negligent VVe by execution of Lawe willing to supply their perillous negligence ordaine by this present decree that none be admitted to the gouernment of any parish Church vnlesse he be fit for his manners for his knowledge and for his age And againe INFERIORA MINISTERIA c. Let no man take vpon him the inferiour ministeries as a Deanrie an Archdeaconrie and others that haue cure of soules annexed neither yet the charge of a parish Church vnlesse hee haue accomplished the age of 15. yeares and be to be approued for his knowledge and conuersation These constitutions do expresly prohibite anie person to be admitted to the gouernement of soules and so to anie parish Church that is not qualified as you heare and why Non conuenit talem alijs praefici in Magistrâ—n qui nondum se nouit esse discipulum It is vnseemely that such a one be appointed a Maister ouer others which as yet hath not knowne himselfe to be a disciple And againe Debet promotus esse literatus quia cum ipse debet alios docere non debeâ—ipse discere He 40. Distine ca. sacerdotes Authen de sanct â—pist §. Damus ff De Decurio 1. honores 3. cap. distin § that is promoted ought to be learned in as much as taking vpon him to teach others himself ought not now to learne And againe Honores munera non ordinationi sed potioribus iniungenda sâ—nâ— Honours and offices are to be giuen to the best approoued and not to an ordination alone And againe Debet promotus omni poscentireddere rationem Hee that is promoted ought to giue a reason to euerie one that asketh And againe Cura animarum debet vigilijs oncrosa esse sollicita Glos consâ—â— Otho cum sâ—â— vâ—â—ste cui comnittitur cureâ— ne pereant subditâ— sed salnentur The charge of soules ought through watchfulnesse to be painful and carefull that he to whom it is committed be diligent to foresee that the people perish not but rather that they may be saued And againe Et qui doctior est sanctior est eligendus And he that is the more learned S. q. 1. Liect ergo and the more holie is to be chosen And euen vpon the selfe-same reason namely that the soules of the people should not be in perill for want of teaching Pag. 10 it is ordained that no Church with cure of soules should be destitute aboue a certaine time prefiyed and limited for the prouision of some man able to guide the people Pag. 11 NE PRO DEFECTV c. Least for want of a Pastour the Ex De elec Ne pro defect rauening Wolfe should destroy the Lord his flocke or that a Widow Church should suffer great hinderance in her substance wee willing in this case both to meete with the perill that might happen Perill of soules the cause vvhy a time is limitted for the placing of a Pastor vvithin certaine moneths to soules and also to prouide for the indemnities of the Churches doe ordaine that a Cathedrall Church or regular Church be be not void aboue three moneths And againe euen for the self-same causes and considerations in the Chapiter Nâ—lli ex de concessio prebend And in the Chapiter Quoniam ex de iure patro It is commaunded that if a lay man or Cleargâ—e man patron of a benefice present not his Clearke the one within sixe moneths the other within foure moneths that then afterwards it shal and may be lawful for the superiour to supplie their negligence and to place one able to go in and out before the people to guide them to teach and instruct them They who by vsurpation exercised authoritie ouer the Lords people did in the time of darkenesse so carefully prouide that the people vnder their pretensed gouernment should not be vnprouided as they imagined of a seer to foresee the daunger that might ensue towards the soules of the people aboue the space of foure or at the most of sixe moneths What excuse now remaineth for them that challenge the like authoritie ouer the people of the Lord in the time of this great light and manifestation of his sonne suffring manie thousand flockes to want sheepherds and so to be in daunger of the Wolfe not onelie sixe moneths but now almost sixe and twentie yeares for so long as they want a sheepherd so long are they in danger of the Wolfe but they want a sheepheard so long as they want one able to gouerne them to exhort and to admonish them to rebuke and comfort them Pavia enim sunt omnion non fieri aut minus ff De verb fâ—â—ni l. 〈◊〉 dificium § profecisse vitè fieri qui minus soluit non soluit perfecisse aedificium videtur qui ita statuit vt in vsu esse possit It is al one in effect whether a thing be not done at all or not rightly and duely done He is saide not to pay at all which payeth lesse than is his due to pay And he is said to haue perfected a building which hath so framed it that it may be inhabited And againe for this purpose euen to auoid the peril of seules the Law prouideth that if anie man
without all ryme or reason They expound VVhere which is a worde signifieng place and referred to a place for VVhen which is a worde importing time But had this worde VVhen bene placed in steede of VVhere they might perhaps haue had some cloake for the rayne for so the worde VVhen and the worde Shalt might both haue had relation to the tyme to come Pag. 44 And yet notwithstanding this kinde of speech would haue bene but a harsh kinde of speech namely to say Take thou authoritie to preach when thou shalt haue authoritie to preach coupling the present tense with the future tense the tyme present with the tyme to come applying that to them selues but men which is onely proper and peculiar to the holy Ghost vsing the future tense and the tyme to come for the certaintie of the euent thereof in steade of the present tense and the time present But these words Take thou authoritie to preach the worde to the Congregation in the place where thou shalt be appoynted is a very proper kinde of speech and the words themselues carry with them a naturall sense As if the statute should haue precisely and absolutely sayd thus In what place soeuer thou shalt hereafter be appoynted to execute the office of a Minister thou hast nowe authoritie giuen thee to preach For in case this were not the naturall meaning of the statute they might well forbid the Minister to administer the Sacraments without speciall licence in writing or not to praye or not to fast or not to saye seruice or not to burye the deade and such like But there is more to serue their turnes and to helpe their cause in the law Canon and in the Iniunctions the law Canon being thus QVIA VERO NONNVLLI c. But because some Ex. de hareâ—â—â—excom § Quia vero vnder the colour of godlines denying as the Apostle sayth the power thereof challenge vnto themselues authoritie to preach whereas the Apostle sayth Howe shall they preach vnlesse they be sent all they which are forbidden or not sent shall besides authoritie giuen vnto them either from the Apostolike sea or the Catholike Bishop of the place publikely or priuately presume to vsurpe the office of preaching let them be excommunicated and vnlesse they speedily repent let them be punished with some other competent paine Pag. 45 The Iniunction being this Item that they the persons aboue rehearsed shall preach in their owne persons once in euery quarter of the yeare at the least one sermon being licensed specially therevnto Wherevnto I aunswere that this decree and this Iniunction requiring speciall licenses to preach And the Bishop by vertue of the foresayd statute giuing authoritie to preache cannot â—arre much and that one litle wrest will set them in tune their oddes is so small If I say vnto one by word of mouth Syr take here the keye of the gate of my pasture where my grey ambling gelding runneth open the gate bring him out take him to your owne vse I giue him you frankly hath he not as good a title and interest to my horse as if I had made him a bill of sale vnder my hande and seale And hath not the Minister likewise as well a speciall license from a Bishop to preach that is willed openly in the presence of God men and angels as he that hath a speciall license giuen him alone in a corner the one is pronounced solemnly in the middest of the congregation the other is done secretly by a Goose quill Moreouer neither doth the foresayd Canon neither yet the Iniunction require a speciall license in writing to the ende that the Minister should haue power thereby onely to preach For so should you take away the forme and order appointed by act of Parlement whereby authoritie is giuen to a Minister to preach and commit the making of a Minister to the Bishop without a congregation But the ende why a speciall license ought to be had is not so much for the partie himselfe to preach within his owne cure as for them that shall admit him to preach out of his owne cure And that appeareth manifestly by the eight article of the Iniunctions The words are these Also that they shall admit no man within any their cures but such as shall appeare vnto them to be sufficiently licensed therevnto c. And in the ende of this Iniunction it is expresly permitted to euery Minister to preache within his owne sure though he be not specially licensed therevnto Pag. 46 The words are these And that no other be suffered to preach out of his owne cure or parrish then such as shall be licensed as is before expressed Therfore a Minister to preach within his owne cure yea though he haue no license is commaunded In the time of Henry the 4. at what time Wickliffe preached the Gospell the very same lawes were established against him and his brethren to staye the course of the Gospell and yet were neuer any forbidden to preach in their owne parrishes as appeareth by that that followeth Let no man within this Realme or other the Kings dominions presume or take vpon him to preach priuily or apertly without speciall license first obtained of the Ordinary of the same place Curates in their owne parrish Churches and persons heretofore priuiledged and others admitted by the Canon law onely excepted And that no manner of person secular or regular being authorized to preach by the lawes now prescribed or licensed by speciall priuiledge shall take vpon him the office of preaching the word of God or by any meanes preach vnto the Cleargie or Layetie either in the church or without in Latine or English except he first present him self be examined of yâ— Ordinary of the place where he preacheth and â—o being found a fit person as wel in maners as in knowledge he shal be sent by the sayd Ordinary to some one Church or more as shall be thought expedient by the sayd Ordinary according to the qualitie of the person Nor any person aforesayd shall presume â—o preach except first he giue faithfull signification in due forme of his sending and authoritie that is that he that is authorized doe come in forme appointed him in that behalfe and those that affirme they come by speciall priuiledge doe shew their priuiledge vnto the Parson or Vicar of the place where they preach And those that pretend themselues to be sent by the Ordinarie of the place shall likewise shew the Ordinaries letters made vnto him for that purpose vnder his great seale Pag. 47 Let vs alwaies vnderstand the Curate hauing perpetuitie to be sent of right to the people of his owne cure Furthermore no Cleargy man or Perochians of any parrish or place within our prouince of Canterb shal admit any man to preach within the churches churchyards or other places whatsoeuer except there be first manifest knowledge had of his authoritie priuiledge or sending thither according to the order aforesayd
presence of manie standers by you make ordination both of Elders and Leuites And againe the other Priests let them be ordained of their owne Bishoppe so that the Citizens and other Priests giue their assent and so likewise must the Deacons be ordained And againe let not a Bishoppe ordaine any Clearkes 24. Distinct c. Episcopus without the aduise of his Cleargie and so too that he seeke the allowance and good liking of the Citizens And againe let the requests of the Citizens the testimonie of the people the iudgement of the honourable the election of Clearkes be had in the ordination of Clearks And note that these texts and many other mo doe all affirme that elections and ordinations must be made by Citizens and Priests or Clearkes in the plurall number and not by one Citizen or one Priest in the singular number Neither are these decrees to be vnderstoode of the chiefe Priest of euerie Diocesse alone but are verified of euerie Priest throughout the the Countrie as appeareth by the Canon following Sed nec ille Distinct 64. c. Si forte deinceps sacerdos erit quem nec clerus nec populus propriae ciuitatis eligit But he shall be no Priest hencefoorth whom neither Cleargie nor people of his owne Citie hath elected Wherevnto also the Ciuile law accordeth Si verò c. But if holie rules shall prohibite such Authen de sanct Epis § clericos colla nona as be chosen by them as men vnworthie then let the most holie Bishoppe procure to ordaine whomesoeuer he shall thinke best A Bishoppe alone may then ordaine saith this lawe when the people and Cleargie haue chosen vnworthie men it saith not that he may alwaies ordaine alone without contradiction or that the people and Cleargie haue no interest in the action But this lawe onelie prouideth in this case a remedie to supplie the negligence of those vnto whome the election appertaineth if they shall do otherwise therein than becommeth them And to make this matter wherof we intreate more plaine and euident euen by the statutes and ordinances of the realme the choice and ordination of a Minister is not apropried to the Bishoppe alone Pag. 59 First by the statute 25. H. 8. these laws Canons and decrees before specified being then in force in as much as they be neither contrariant nor repugnant to the laws and customes of the realme nor derogatorie to the Queenes prerogatiue royall are confirmed ratified and in force nowe Yea because they are agreeable to the lawes and customes of the realme and maintane her prerogatiue royall as afterwards shall be declared they ought now to be executed Secondly by a Statute made 21. of H. the 8. chap. 13. It is enacted that a Bishop may haue six Chaplains because six Ministers at the least ought to be present when the Bishop giueth orders Thirdly in the Booke of making Priests c. are these words there shall be an exhortation vnto the people declaring how the people ought to esteeme them meaning the Ministers in their vocation And these words the Bishoppe shall say vnto the people Brethren if there be anie c. And these words the Bishop commending such to the praiers of the congregation with the Cleargie and people present shall say c. Then shall the Bishop examine euerie one of them that are to be ordered in the presence of the people By which words and braunches of the Booke it is euident that that people ouer whom the Minister is to be placed ought especially to be present For what profit can a people dwelling at Yorke reap by exhortation of the preacher vnto loue and obedience vnto their Minister when their Minister shall be made at London Her Highnesse the nobilitie and fathers of the land were of more wisdome and vnderstanding I am sure than to imagin that a people dwelling at Carlile could be taught or instructed by a Sermon made at Excester And by the former decrees wherein mention is made of people and Citizens the same people and Citizens if we wil know what Citizens be properly are not taken for the Quiristers the Singers the Organ-plaiers the Canons the Archdeacon of the Cathedrall Church for all these by the Canon law beare the names of Clearks neither are the Bishops seruants taken in these Canons for Citizens Pag. 60 because Citizens by these rules must giue their consents and as hauing a principall interest in the action must not only be eie-witnesses and eare-witnesses to the Bishops vpright dealing but also must be agents and cohelpers themselues But serui and domestici in re non domestica Seruants and folke domesticall in a thing not domestical are not allowed fit witnesses neither haue seruants as seruants any interest And therfore Citizens in these former Canons are Citizens Et re nomine Citizens in deed and in name And as I prooued before out of the statute of the land that as the people of the place destitute of a Pastour must be present and giue their consent at the choice of their Minister so is the same also stablished by Canon law and confirmed by Act of Parlement For this word Consensus siue collaudatio Consentor approbation described to be multorum voluntas ad quos res pertinet simul Glos in c. â— de rebâ—eccle non alienand ver tractatus lib. 6. iniuncta the wil of many vnto whom the matter appertaineth iointly lincked togither prooueth that not onlie Citizens indeed but also that Citizens of the place where the partie should afterwards serus as a Minister ought to giue their consent and allowance to the making him a Minister because the matter of hauing a Minister appertaineth properly vnto none other but chiefly and altogither concerneth them And therefore the law willeth Vt quod omnes tangit ab omnibus approbetur That that be allowed of all which toucheth all Whereat our Bishoppes themselues in their English Canons of discipline haue aimed and wherevnto in wordes they haue agreed The Bishop shall lay his handes on none say they nor at Bishops Canons fol. 5. anie other time but when it shall chaunce some place of ministration to be void in the Diocesse Pag. 61 And therefore I conclude since none must be made a Minister but when it shall chance that some place of ministration be voide and since the consent and allowance of the people whom the matter doth concerne must by the Canons and Statutes in force be had that therefore the people of the place where such place of ministration is voide haue in the choice and appointment of their Minister a speciall interest and prerogatiue Neither ought those ridiculous Canons of that foolish Pope Adrian the prowd Nullus Laicorum principum c. Let none 63. Dist cap. nullus c. non est of the lay Princes or Potentates ioine him selfe to the election or promotion of a Patriarke Metropolitane or any Bishoppe c. Neither ought this and
Euangelicall denunciation if thou seeke to haue thy brother cast forth of the Congregation First it is to required that thy brother haue offended thee Secondly that thou priuately admonish him and brotherly wish him to amend Thirdly if he continue obstinate thou must tell it him before two or three witnesses and if he heare not them then thou must tell it to the Church Pag. 78 before whome if thou desire I say that thy brother by them should be cast forth of the Church thou must first proue an offence committed against thee by him Secondly and thirdly that you did both priuately by himselfe and publikely before witnesse admonish him otherwise you cannot haue him excommunicated because Forma quotiescunâ— non est seruata actus est ipso â—â—re nullus Howe often soeuer the forme of an act is not kept the act by meere law is no act at all because sayth the Canon a solemne and diligent intreatie required in such perpetuall graunts and alienations of Church goods hath not bene obserued therein we by the aduise of our brethren decree the same graunt to be voyd By ciuill law Church goods can no otherwise be pawned or layd Cod. De Sacrosaâ—â—◠〈◊〉 〈◊〉 〈◊〉 〈◊〉 praedium to gage then as the law formally prescribeth because a due solemnitie ought to be obserued In fines and recoueries leâ—yed by the common lawes of this Realme Aâ—torneyes on both sides must be warranted there must be vouchers and vouchâ—es theâ—â— must be writs and returnes of writs there must be proclamations there must be warrantes and many other circumstances which being not obserued the parties in reuersion or remainder being grieued may bring their writs of error and recouer the land passed by erronious fines or recoueries Pag. 79 In the first yeare of Henry the seuenth Chapiter 15. a statute was made that the partie plaintiffe shall finde pledges to pursue his plaint as are knowne there in that country In the case of this statute if the Sheriff take one suertie alone or men of another country as pledges the bond is voyd because by the common lawes of the Realme as well forme as matter is necessary If in the sale of any pupilles goods or alienation of the Emperours patrimonie the forme and manner appoynted by law be not exactly and diligently kept the sale and alienation is in effect no sale and no alienation The reasons of which lawes and ordinances as I sayd before are these Forma dat esse rei eius omissio inducit nullitatem actus The forme giueth being Panor in c. nul li. nu 7. de rebuâ— eccle non aliâ— fol. 59. Specula in tit de aduo◠§ and essence to a thing and the omission thereof induceth a nullitie of the act Si deficit forma in priuilegio res caret priuilegio If a priuiledge want the forme of a priuiledge the thing laketh priuiledge And againe Solemnitates quae requiruntur in aliquo actu si non seruentur actus corruit Solemnities required to be in any act if they be not obserued 5. vers cum ante Panor in c. fin vt lit non coÌ„test nu 20. Panor in c. publicat de elec 〈◊〉 â— Panor in c. super quaestionuÌ„ § veruâ—â—m de off deleg id in c. prudeÌ„tiam nu â— cod the act faileth And againe Forma non seruata in vna parte actus violat totum actum The forme not kept in one part of the act violateth the whole act Quia verum est di cit excessisse istum fines mandati Because it is true sayth he that this man hath passed the bounds of his commaundement And therefore in an other place Panormitane concludeth thus Forma certa procedendi vbi datur processus corruit non solùm quando est attentatum contra formam sed etiam citra vel praeter formam quia vbi forma certa datur paria sunt aliquid facere contra praeter vel citra formam Where a certaine forme of processe is limited the processe faileth not onely when any thing is attempted against the forme but also either without or besides the forme the obseruation of which solemnities and forme of an act are of such force and necessitie by lawe that neither custome or yet a consent of parties can alter or change the lawe herein Solemnitatis omissio ex sola consuetudine inducta violat actum The omission of a solemnitie brought in onely by custome Panor in Greg. nu 14. sol 17. marreth the acte Ea quae inducunt certam solemnitatem in actibus hominum non possunt consensu partium tolli quia pacta priuatorum iuri publico non derogant And those things which induce a certaine solemnitie 〈…〉 in mens doings cannot be abolished by consent of parties because priuate mens compacts cannot be derogatory to common right Insomuch that in this case Forma debet seruari ad vnguem specificè Pag. 80 non per aequipollens A forme ought to be kept at an inche and specially and not by any thing equiualent though in many other cases this rule taketh place Nihil interest quid ex aequipollentibus fiat It is no whit materiall whether of the things that be equiualent be done Moreouer Forma data à lege vel statutâ— debet seruari à â—â—stico muliere 〈◊〉 A forme giuen by lawe or statute ought to be kept by an husbandman by a woman and by one vnder age though in many other things these three haue their seuerall priuiledges And to make this more plaine and the certaintie thereof to be infallible you shall vnderstand that the law hath bene executed according to these rules euen in this selfe some case of making Deacons and Ministers And first touching their tryall and examination Si quis Presbiter aut Diaconus Glos c. quando distinct 24. ver in vest gent. sine aliqua examinatione ordinati sunt abijciantur ex Clâ—ro Eâ— si non fuerit in aetate literatura honestate examinatus deponendus est If any be made an Elder or Deacon without examination let him be cast out from the Cleargie And if he shall not be examined touching his age his learning and his honestie he is to be deposed Secondly touching the time If a Minister or Deacon haue bene made at any other time then at the time appointed by law it hath bene decreed against them as followeth Pag. 81 EPISCOPVM c. A Bishop that celebrateth orders in a day Extrauag de tempo ordinand c. cum quidam wherein he ought not doe thou correct with Canonicall discipline and vntill they haue receiued grace from vs to be restored so long oughtest thou to make them to be voyd of orders receiued And againe Sanè super eo c. Truly concerning that the maner is as thou sayest in certaine Churches of Scotland and Wales to promote Clearks vnto holy orders in the dayes of the dedication of Churches and altars out of the foure
than gaineful Et damnum quod De reg luris l. 6. c. damnum De reg iuris l. 6. qui sentit quis sua culpa sentit sibi debet non alijs imputari qui sentit commodum debet sentire onus The hurt which a man sustaineth by his owne fault ought to be imputed to him selfe and not to others and he that tasteth the sweete ought also to taste the fower And to â—ette passe that the Bishoppes haue according to their Canons earnestly and diligently exhorted Patrones of benefices to consider Title patrons proprietaries fol. a7 the necessities of the Churches and to haue before their eies the last daie the iudgement and tribunall seate of God and that therfore they preferre no man to any Ecclesiasticall liuing but him which by doctrine iudgement godlinesse honestie and iâ—nocencie of life is able to beare so heauie a burthen that they doe nothing therein but vprightly vncorruptly and truely To lette these passe I saie I aske Who made this euill man or this vnlearned man presented by a couetous Patrone a Minister Did the couetous Patrone No hee is a lay man hee may giue no orders And what reason is it then that a Bishop should finde fault with a patron presenting an vnlearned man to a benefice whom he himselfe before had preferred vnto Pag. 101. so high an office as is the office of the ministerie Is the benefice of more value than the office Yea rather is not the benefice due onlie by reason of the office If a man then be vnworthie of a benefice is not the same man much more vnworthy of an office If vnwise Bishops did not make vnlearned ministers couetous patrons could Lib. 6. de reâ— script c. fin Extraâ—â—ag de aetat qua litat c. accepiâ— mus iunct Glos in c. cum secundum Apostolum vers Liceat extra Depree hend neuer present vnlearned Ministers yea and I say more Quos idoneâ—s Episcopus reputauit ad erdines debet reputare idoneos ad beneficium Whom the Bishop hath reputed meete vnto orders them he ought to repute meete vnto a benefice But alas these couetous patrons are great beames in the eies of the Bishoppes Dluralitie-men and Nonresidents They feare if a couetous patrone may catch a simple poore man to bestow a benefice on him allowing him twentie poundes or fortie markes by the yeare and he to haue the profites that the fat should be wiped from their owne beardes and for that hereby they themselues are barred sometimes from fiftie poundes sometimes from â— hundred markes sometime from an hundreth pounds and yet themselues allowing their owne Curates not past ten pounds or twelue pounds at the most yea and sometimes binding them to to prouide their quarter Sermons too I hope a Christian in modestie displaying vnchristian practises may without offence report a merie and true ieft And therefore vpon a time in the audience of manie standers by it happened this Pluralitie-man and Nonresident taking oportunitie by the presence of a Patrone at the table and entring into speech of these matters seemed to lay the whole fault of not hauing the people better taught and hauing so bad men in the ministerie vpon such patrones as he supposed to be present at the Table The Gentleman hearing his discourse and perhaps galled too and knowing him to be a Pluralitie-man and a Nonresident in the end made this demaund of him Sir saith he is it not as lawfull for me a poore Gentleman in the countrie Pag 102. hauing the patronage of a benefice to bestow the same vppon some honest poore man conditionally to let me haue the profites thereof at a reasonable price allowing him a reasonable stipend for his seruice and paines in the ministerie though he can not preach as it were for me to giue the same benefice vnto you an Drenford man and a great Scholler and able to preath and yet will not or do not preach Is it not as lawfull for me to place such a one as I haue spoken of in a benefice of my gift and to allowe him his wages sirteene or twentie pounds by the yeare and to get quarter Sermons preached for him as it were lawfull for you had I frankly bestowed the same benefice vpon you to hire the same person or some other more ignorant and to giue him lesse wages and scarcely to preach quarter Sermons your selfe Had not this man suddenly beene stroken dumb and dead as a doore naile you shoulde as well haue heard his replie as you haue read the demaund And in good sooth what greater losse and hinderance hath the people of â—â—1â—â— by an vnlearned man their Parson not preaching and hiring out his benefice to his Patrone for fifteene pounds by the yeare then hath the people of P by a learned man their Parson not resident not preaching and hiring out his benefice of the same valewe to his Curate for fortie pounds by the yeare Surely as there commeth no greater good to the people of the one place by the one than commeth to the people of the other place by the other so is the one both lesse hurtefull to the common weale and also lesse sinnefull to the Lorde than the other Lesse hurtfull because the poore and needle of the one haue oft a good sliuer of breade a good dish of drinke at the Patrones doore yea sometimes a good meales meate at his table and a good fire in his Hall Pag. 103 But touching the hospitalitie and house-keeping of a Nonresident his kitchen chimneis are eure like the nose of a dogge euer colde neuer warme his Bailie playeth sweep stake he purseth his wheate in a fire-pennie bagge and carrieth his barley in a little budget sometimes fortie miles sometimes an hundred miles sometimes three hundred from his Parsonage yea out of Ireland into Cambridge out of Wales into Drenford from beyond Lincolne to Salis burie from besides Leicester to Cumberland from Malburne to Harley lesse sinfull to the Lord because the Patrone enioieth his right by couenaunts and goodwill of him that by Lawe is reputed the lawfull person and whom he hath presented yea oftentimes also with the consent of the people whose Clearke they willingly receiue to be placed amongest them But the person Nonresident against his promise to his Patrone against his othe to his Drdinarie without consent of the people against the lawe of man and against the ordinaunce of the Lorde robbeth and spoileth the people of the tenth of their labours and liueth idlely by the sweate of other mens browes But to let passe the answere made before to the Pluralitie man and to speake no more of the Bishops owne wilfull negligence in making vnlawfull Binisters and that therefore he hath no cause to complaine against Patrones for preferring unlawfull men to benefices whome hee hath vnlawfully preferred to so high offices and therefore not to be pitied in case by lawe hee were punished because hee shoulde haue looked
before hee had leaped I saie to let this passe yet the obiection made before in their â—eâ—ence is an obiection in truth not to be obiected The triall of the abilitie 〈…〉 whâ—â—â—◠〈◊〉 consist in learning or in liâ—e is and euer hath beene onely in the authoritie of the Church and never in the power of the â—aitie First touching the enqurie of their abilitie for learning to leaue to speake of the Canon Law which aâ—â—â—ng 〈…〉 vnto the Cleargie the Ciuill law and the Canon laws of thâ—◠〈◊〉 agree herein togâ—ther and attribute the enquirie thereof to the 〈◊〉 onelie The Ciuill lawe saieth thus 〈◊〉 〈◊〉 which are chosen by them 〈◊〉 〈◊〉 vnworthie beforâ— bidâ—â— to be 〈◊〉 then let the 〈◊〉 holie Bishoppe procure 〈◊〉 to be orâ—â—â—â—d whom he should thinke meeâ—est And thus 〈…〉 thing to belong to the honor worship of your 〈◊〉 〈◊〉 〈◊〉 building Church or otherwise beâ—owing 〈◊〉 vppon them 〈…〉 therein be thus bold as by power to bring vnto you◠〈◊〉 then to be ordained but our minde is that by your Holinesse and â—â—dgement they be examined touching the idoneitie of a person preseured to an Ecclesiastiacll be 〈◊〉 by the lawes of the 〈◊〉 the examination of him likewise pertâ—â—â—â—th to the Ecclesiasticall Iudge and so it hath hitherto beene vsed and so leâ— it be dâ—â—â— hâ—â—reafter And againe Where the Ordinarie refuseth the Clearke for non abilitie which is in assue the Oridinarie is parâ—ie that shal not be tried by him because he is partie but by the Metropolitane if the Clearke be aliue and if he be dead then by the Coâ—â—â—â—ie where the examination was had And againe Where the Ordinarie after the patrone hath presented doth enquire and finde the Clearke to be criminous and the â—â—me of the lapse by this meanes passe there he shall not make any â—ollation by lapse but first giue notice vnto the partie if he be a 〈◊〉 〈◊〉 but contâ—â—â—wise if he be a spirituall man note the difference for he may know his owne Clearke But were it so that the Laâ—â—â— had power therein and that the Archbishop were exciuâ—ed yet if the Bishop after he were compelied by processe from any of â—er highnes temporal courts of Iustice to admit an vnable Cleark â—â—d forthwith call this vnable Clearke into his Constitorie and obâ—â—ct against him his unabilitie and for the same degrade him of his â—ffice What â—emediâ— had the same Clearke against his Ordinarie 〈◊〉 this case He being once deposed from his office by his Ordinarie the common lawes should haue now no remedie to helpe him he â—â—ing no more to be called a Clearke and therefore not to bring anie â—â—it or commâ—â—ce anie sute against his Ordinarie in the name of a Clearke But we wil conclude Pag. 105 Since the stature of 25. Henrie the â—ight hath authorized all Canons Constitutious and Synodailes â—ouâ—nciall made before that statute â—ot being contraâ—iant or repugnant to the laws and customes of the 〈…〉 her Maiesties prerogaâ—â—e royall to be 〈…〉 and also since these Canons Consitutions and 〈◊〉 â—â—â—â—â—ciall before specified were maâ—â— before the 〈…〉 trariant nor repugnant to the laws 〈◊〉 of the 〈◊〉 〈◊〉 â—â—rogatorie to her highnesse 〈◊〉 royal◠〈◊〉 since they are agreable to the lawes vsages of the tealms and vphold her 〈◊〉 royall And since by these canons other Arâ—s of Parlement and her highnesse Iniunctions iâ— is 〈◊〉 that men learnâ—â—â— that men 〈◊〉 〈◊〉 meete to â—each are to be placed Ministers in the Church and that men vtterly unlearned and such as ran 〈◊〉 〈◊〉 in 〈◊〉 〈◊〉 or Masse are not to be admitted that therefore a 〈◊〉 Ministerie is commaundâ—â— by the Lawes of 〈◊〉 〈◊〉 And if so then an vnlearned Ministerie forbidden by the same Lawes and if so then by the same Lawes such penalties 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and inâ—â—â—â—â—â— upon the 〈◊〉 of the 〈◊〉 〈◊〉 as by the 〈◊〉 laws are holâ—â—â—â—â—◠〈◊〉 against 〈◊〉 wilfull Law-breakers AN ANSVVER To the two fyrst and principall Treatises of a certaine factious Libell put foorth latelie without name of Author or Printer and without approbation by authoritie vnder the title of An Abstract of certeine Acts of Parlement of certaine hir Maiesties Iniuctions of certaine Canons c. Galath 5. He that troubleth you shall beare his condemnation whosoeuer he be Hieron ad Pammachium epist 26. Facilè abiicitur quod haeret extrinsecùs intestinum bellum periculosus est coniuncta disglutinamus vnita dissuimus Published by authoritie LONDON Printed for Thomas Chard 1584. Concerning the Title and the Epistle of the Booke IF the author of that booke whosoeuer had been mooued of good zeale and conscience wherof in euery passage of it he giueth euident proofe to the contrary to haue aduertised gouernours of this church and church matters of some wholsome lawes Inforce to them as he pretendeth Vnknoâ—ne and therfore necessarilie by them vnpractised to the intente his admonition might indeed haue been profitable heereafter For the peaceable gouernement of the church it had bin then as much thanke worthie in him as now sauoring so strongly of rancor and contention it deserueth punishment But theÌ„ would he not haue foisted it to a make-shift to haue been printed in hugger mugger but would haue addressed it to those vnto whom the execution of such pretended necessary and yet disused lawes apperteineth then should not the printed copyes there of as not daring to looke out at noone-day haue beene so soone shufled vp and sent by hundreds into mutinous places abroad thought most to fauor such factious writings then should not his alledged texts of acts canons c haue come out accompanied with such peruerse glosses Quae corrumpunt textum particularizing at pleasure Tanquam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vpon such persons as his distempered affections cannot brooke neither would his booke haue growne to that bignes but that it might well haue carried the title of an Abstract whereas now by wringing and wresting by shrinking and stretching of lawes by gnawing and nipping at particular mens dealings calumniousâ—ie and traducing them Quasi in veteri comoedia both the author dooth seeme Distract of modestie and by his booke is found Tanquam sorex proprio iudicio to wante that insight in law that he would so faine be intituled vnto In which Acts iniuctions canons c bicause he was loth to appeare to haue no more skill than ordinarie he saith they were For the most part heeretofore vnknowne whereby hee must needes For the most part holde those excused of whom they were vnpractised and therefore in his booke ought not so egerlie to haue bitten at them for vndue practise of such mysteries as till nowe it pleased him not to reueale vnto them And surely looking into the present time occasion I cannot be otherwise led to thinke but that this proctor of peruersenesse being netled that his clients are now by force of hir Maiesties godlie lawes sought
single man commit fornication with a single woman not espoused to any he is to endâ— wher with a dowrie in stead of hir father and to take her to wife according to the like law of God in the 22. of Exod. And the canon addeth that if he refuse to marrie hir hee shall besides endowing of her bee also corporally chastised yet we haue no such necessarie exacting of a dowrye in vse among vs. e De consecrat dist 3. c. celebritatem 6. q. 1. c. omnes c. illi qui. Moreouer by the canon law euery sinnâ— is reputed to make a man infamous which is not obserued in England f c. hoc ius 12. q. 2. Likewise the canons do forbid any thing belonging to the church to be sould any whit aboue the iust value which is not required nor looked vnto in this realme g L. scimus C. de iure deliberandi l. haere ditariis C. de haered acti Furthermore though both by the ciuill law and practise in this land the heire or executor is not tyed to pay more than the inuentarie truly made will amount vnto yet the h c. in literis Ext. de rapt 16. q. 6. c. si Episcopum canon law seemeth not so to distinguish but to bind the heire or executor to whom any part of the deads goods do come to a full satisfaction And the canon law seemeth wholy to i c. 1. de torneamentis c. vnico de sagiâ— condemne by the word Torneamenta all iusting running at tilt tourney or such like commendable exercise of the body vsed in England Yea and elsewhere prohibiteth euen our notable old renowmed defence of archerie to be vsed against any christians k c. 1. 2. dist 6. Moreouer the canons cleane contrarie to the practise in many places of England do forbid all bastards to beare any office of credit or charge And I thinke that it is not ordinarily in practise in this realme if a cleargy man being a patron do present an vnworthy clearke to a benefice that thereby the right of collating should be deuolued to the superior which the l c. cum nobis Ext. de off ordinaâ—ii c. cum in cuncâ—â—s Ext. de electione canons do appoint against him as a punishment Moreouer though the canon m â— cum in off Ext. de testamentâ—â— law be directly to the contrary yet it is a general custome through England and so testified to be by the n Gl. in verb. legaâ— c. statut prouin constit de consuetud glosse in Lindewood that a beneficed person may freely declare his last wyll and testament of all 〈…〉 h mooueable goods as he is possâ—ssed of being gotten in respect of the church And againe euen against our owne prouinciall constitutions custome in some part hath very farre preuailed For the constitution prouinciall is so farre from taking away from the executors the emblements sowne vpon the glebe land by the incumbent afore his death that if hee doo o Prou. Constitutio De consuetudine c. nullus Recâ—or liue till the feast of the Annunciation of the blessed Virgin all the fruits which for the other part of the yeare are to be receiued shall be imployed to the paiment of his debts and fulfilling of his legacies and deuises which now is generally growne out of vse and the exetutors of such a beneficed person shall haue no more fruites what tiâ—â— soeuer the incumbent shall dye but that which the d 〈…〉 of his death whether it were haye corne or fruite was seuered from the free hold Which course I haue read to haue beene also obserued euen before the statute of 28 Hen 8. Besides it p 3. H. ◠〈◊〉 〈◊〉 Encumbent â—â—lâ—b 1. appeareth by diuers bookes at the common law that if a beneficed person doo die before the conception of our Ladie as they terme it being the 8. of December the emblements and corne which he had sowne before vpon his glebe-land are due to his successor and not to his executor There is another Constitution also out of vse as being such which custome hath veryâ— long preuailed againstâ— that in a cause of matrimonie 〈◊〉 sentence were giuen for the matrimonie the aduocate which was of counsell against the matrimonie should bee suspended from practise by the space of one whole yeare afterwards And againe there was a prouinciall q Prou. 〈◊〉 stit de vita honestaâ—â— clâ—ricorum 〈◊〉 constitution made being neither repugnant to the lawes of this land nor preiudiciall to hir Maiesties royall prerogatiue for certaine kinde of apparell not to bee worne by any cleargie man which I may not doubt but our Abstractor and all his complices will easilye graunt to bee past date as being foreworne by contrarye custome Like as there bee some other also which though I doo noâ— doubt but that they obteyne still the force of lawe amongst vs yet these men will willinglye yeelde to bee sufficient that they haue lost theyr string euen by custome it selfe Albeit the Abstractor left it foorth of the Minor of his mayne syllogisme as though it were not able to impeach the validitie of a lawe once established r For a Constitution prouinciall decideth that hee which denyeth that a Synod assembled may not make such lawes which may inhibit a preacher from preaching â—ill hee bee tryed is to bee excommunicated Which is to be vnderstood of such lawes as were established in conuocation before any acte of Parlement was set downe to abridge that libertye Againe Å¿ â—bidem another constitution hath dâ—creed that Where either the clergie or the people of any place haue admitted any man to preach which is not licenced there that church should be interdicted And another hath t Ibidem also determined that If a preacher before the clergie shall preach of the faults of the laitie or before the people shall preach of enormities of the clergie he shall be punished by the Ordinarie of the place according to the qualitie of his offense These fewe thus alledged being such as for the present time I could hit vpon I thought good to touch as a surplusage for the more manifest refelling of the crafty defectiue Minor of his chiefe argument which if he had dealt plainly in and had laide foorth the Medium thereof fully as it is in the act of parlement he could not but haue foreseene that hee should haue had more adoo to haue prooued all those Canons which he alledgeth to Haue beene vsed and executed before the making of the said act in such sort as he would vrge than he had to gather so much stuffe togither in view of the simple being in truth to so slender purpose in the iudgement euen of all such as be but euen meanelye skilled in those lawes To the first treatise of the Abstract That a learned ministerie is commanded by lawe A Preamble before the examination of his proofes IT
one whom he cannot by the lawes of the land refuse But peraduenture he will saie by presentation institution he ment the first ordering of him to the ministerie which is meere voluntarie in the Bishop A contrarietie to himselfe Yet héerein as he speaketh improperlie so dooth it impugne the rest of this mans platforme for hée would not haue any absolute orders giuen but when some place is void and that with election of the people And if to bring a Bishop within danger of the penaltie of this canon he will haue him to haue something to doo in this action of calling to the ministerie which shall be arbitrarie for him to doo or not to doo as to laie his hands on the elected then are he and his clients at another mischéefe by leauing it still in the Bishops power to reiect their new elect He inforceth also that howsoeuer the words may lead a man to thinke this canon to be ment for superior and electiue prelacies onelie yet the reason of the decrée fighting also as stronglie for ministers ought to make the law to be accounted alike in both Which being grounded vpon this rule Vbi eadem ratio idem ius I must put him in minde that the said rule * L. solem â—61 in fine ff de iudicijs l. illicitas 6. § qui vniuersas ff de officio praesidis holdeth not where the lawe it selfe notwithstanding some generall reason thereof be alike dooth otherwise in another place dispose * L. 1. a ff de reg iuris Quia non exregula ius sed ex iure regula sumitur And so it dooth in this matter as may appéere in the same chapter Nihil est where a little after the words by him alledged not this punishment of suspension and bereauing of power to confirme the next successors election is inflicted for that Bishop which shall prefer to holy orders or ecclesiasticall benefieâ—s such as cannot woorthilie fulfill the office to them committed but the penaltie in that case by canons prouided Which words though the author thought good not to alledge bicause they make no mention of any insufficiencie of knowledge and would be racked to no further office than to an abilitie of saieng masse wherein the chéefe and as it were the onlie mysterie of popish priestcraft consisted yet in the Maior of his second syllogisme where in a generalitie Of worthy executing his office they seemed to speake more aptlie to his purpose he was content to vse them though they doo indeed quite ouerthrow his answer of the identitie of reason in both the cases For how can it be intended that one and the selfe-same thing is by those words ment and disposed of where the law-giuer as in this place prouided a diuersitie of punishment in the cases of confirming a mans election for knowledge insufficient c from the penaltie of such a Bishop which should order a man that could not execute woorthilie the office committed to him For the penaltie inflicted else-where by the canons vpon the Bishop which shall prefer men vtterlie vnwoorthie to holie orders ecclesiasticall preferments or benefices of which the * Gl. ibid. in verbo suspenditur glosse sheweth this decretall to be ment in that behalfe where it saieth If they will escape the penaltie of the canons is to be * C. cum in cunctis Ext. de electione c. graue Ext. de prebendis suspended from giuing of orders or collating of benefices And to make it more cleare that so much of this dâ—cretall as our author alledgeth is onlie to be vnderstood of superior prelacies and dignities and not to inferior benefices the glosse obiecteth and resolueth thus This seemeth contrarie saith the glosse to C. graue infra de praebendis bicause there he that preferreth vnwoorthie men is not punished till he haue been twise or thrise rebuked admonished of it but heere he is presentlie punished without anie admonition also heere those that are promoted are remooued but there they are not it is to be answered that heere he speaketh of those that are promoted to dignities and gouernment of soules and for that they doo more deepelie offend they are more greeuouslie punished euen without any admonition but in the other place he speaketh of meane benefices in which such great ripenes is not required Which to be no greater or exacter a matter than to be able to say masse dooth appéere by that which * Panorm in c. vlt. de etat qualit in fine A fallacie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Panormitane allegeth out of Bartol Neither can the generall acception in law of this word Praelatus sometimes applied to an inferior minister helpe this pittifull proofe of his It is a Fallax to gather bicause it sometimes so signifieth that therefore in this place it should so be taken yet there is no such place as he quoteth héere out of C. sua de clerico aegrotante But if we should gratifie him so much as to suffer this canon to go for good paiment in this behalfe yet if it be A law forged said that most of the ministers of this church at whom he shooteth this bolt are not of that insufficiencie of knowledge or vnaptnesse to execute their office that is héere ment to be condemned he were still new to begin again to prooue that this canon requireth also such a sufficiencie in all ministers whereby they should be perfectlie well able to preach the word For euerie one that hath not a speciall gift to preach is not straightwaie to be accounted according to this canon a man insufficient for knowledge or not able to execute his office woorthilie In the former syllogisme of this section if by the word Hurtfull he vnderstand not onelie that which Per se is hurtfull but that also which is so Per accidens and vpon some occasion may endamage the church of God then his Maior is to be denied as vntrue For so euen excellent and singular learning happening into such one as Arrius was may do great harme in the church And likewise in both the assumpts of his syllogismes he notably plaieth vpon the petition A fallacie A petitione principij of the principle taking that as granted which is vtterlie to be denied 2. Section Pag. 4 5. ALl that is said in this section being in effect nothing else but that ministers being called physicians of soules ought to be able to applie a spirituall medicine as it prooueth not pregnantly the scope of the issue to wit that euery minister ought of necessitie to be of such abilitie to preach as this treatise requireth so dooth it not limit that the said physician of the soule which in sicknesse is to be sent for must néedes be the pastor of that parish more than that the physician for the bodie of whome also it speaketh must be of the said place necessarilie And trulie I must néeds confesse that he is a verie simple and
nisi cum pridem §. alia verò causa Ext. de renunc therefore the decretall epistle to the Bishop of Arles saith There is another cause for the which a man may desire to be released from the burthen of a Bishops charge which is weakenes of bodie arising either of sicknesse or of old age and yet euerie debilitie is not such but that onelie whereby a man is made vnable to execute his pastorall dutie for if vpon euerie weakenes of bodie the office of seruice once taken in hand might be forsaken in vaine had the apostle confessed that he did euen glorie in some his infirmities Seeing that the weakenes of age ought sometime no more to wey with a man to make him resigne than that ripenes of behauiour which often accompanieth old men ought to persuade with him to continue in his owne function For of such saith the apostle When I am in weakenes then am I stronger for sometimes the weakenes of the bodie dooth increase the valoure of the mind But now againe he leaueth the matter of resignation and for proofe of his principall issue he bringeth two allegations one out of the common Extrauagants and the other out of the Clementines which doo séeme to me to be brought in but to make a number and culled out without choise there being much more pregnant places to that purpose which in his cursorie and desultorie perusall of these bookes did escape his hands For these doo onelie require that vnfit persons in knowledge maners or age be not preferred to ecclesiasticall liuings whereof I would gladlie learne how it could follow that therefore whosoeuer is not able to preach and is not endowed with all those gifts which are in this discourse required is for want of knowledge vnfit which is his generall scope where at he leuelleth Which knowledge and skill to be able to profit the churches where they serue that it is no such exact cunning as he dooth beare vs in hand hath partlie appeared afore and better shall appeare afterward And trulie his choise was verie slender when he chose the preamble of that canon wherein the pope pretendeth bicause he would be sure to haue such chosen as should both gouerne and profit the church that therefore he taketh the prouision and bestowing of all ecclesiasticall liuings into his owne hands which should happen to fall void in the court of Rome or within two daies iorneie of the same The Constitution of Otho alledged telleth what kind of maister is indéed required yet without mention of anie preaching nor yet in that strict maner but that occasions may happen that a man more meanelie qualified may be tolerated in the ministerie In which respect the * Gl. in constit Otho Sacer ordo verbo illiteratos glosse saith If the preests should be poore either by their parentage or through the barrennes or wasting of the countrie so that they could not applie their studie but should be driuen otherwise to get their liuing by handie labour it is to be thought that then they ought with fauour to be tolerated yet so that they be something more skilfull than lay men especiallie about the sacrament of the altar whereabout they are dailie occupied Which is the verie case of this our church in manie places the more is the pitie His next allegation out of the same place he hath both mangled FalsificatioÌ„ and falsified For where the Constitution inueiheth against those that haue the liuing and roome of priests being not in orders but more like souldiers than priests As hauing no care of holie life or learning this he maketh generall vnto manie besides And where the text hath Simplex sacerdos that is saith the * Gl. ibidem verbo simplex sacerdos glosse not intituled to the church but a stipendarie curate he adding to the text translateth it A sillie ignorant priest 8. Section Pag. 14 15. THis Constitution of Otho amongst other things forbidding vnlearned men to be ordered ministers dooth not prooue euerie one to be vnlearned that is not fit to preach and expound scriptures which is a point of more competent skill than an abilitie as occasion is offered to exhort to good life to dehort from vice or to comfort in aduersitie though the same cannot to anie purpose be done without some skill and practise in the scriptures And therfore the author hauing so slenderlie prooued that which is his intention had the lesse cause herevpon thus to set vp his fethers and vntrulie and gibinglie to saie that the canons published 1571. and the aduertisements doo yéeld testimonie that the Bishops A slaunderous vntruth doo proceed first and inquire afterwards that they first giue the minister a charge appointing him to teach and afterwards send him to the Archdeacons or his Officials court to learne whereas the said canon agréed vpon but not yet that I can learne confirmed by authoritie and the aduertisements alledged doo onelie charge the Archdeacons and their Substitutes to take an accompt in their visitations of the meaner sort of the clergie of certeine chapters of the new testament without booke to the intent it may appeare both how they profit in scripture and that thereby they may be the more perfect in the text Which thing if it should be also performed voluntarilie as a priuate exercise by the best and most learned ministers that we haue I thinke it might greatlie profit them and no modest man would interpret it so that they did but then begin to learne the scriptures as héere is odiousâ—â—e insinuated It is reported of B. Latymer of reuerend memorie being accused by his persecutors neuer to haue exercised himselfe in scripture bicause they saw some debilities of old age appeare in him that he should answer that the baie trees in Clare hall in Cambridge were able if they could speake to witnesse with him that he conned without booke vnder them all the epistles of S. Paule The words of Barthol are not as our author hath alledged them but thus Qualitas adiecta verbo intelligitur secundum tempus verbi and they are brought in by him onelie in waie of obiection against the text which is contrarie to this Corrupt dealing of the author rule as his solution of the said obiection dooth plainelie shew For he saith It is a * Bartol in l. si quis posthumos §. filium ff de liberis posth sufficient verification of these words he dieth intestat though a man haue made a will the daie of his death if vpon anie occasion afterward falling out as by the birth of a child vnto him after his buriall the said will and testament be reuersed So that we sée it is not generall that The qualitie adioined to anie verbe must be construed according to the tense of the same verbe The law which he quoteth ff de ferijs hath no one word giuing anie colour or sounding anie thing that waie The other * L. 43.
from our church Ergo ours is not the discipline of Christ Then by this reason should no reformed churches be said to reteine the discipline of Christ or to be well ordered manie of them vpon diuersitie of occasions differing euen from themselues before and euerie one in some point or other differing among themselues Are all the churches of Denmarke Sweueland Poland Germanie Rhetia Vallis Tellina the nine Cantons of Switzerland reformed with their confederates of Geneua of France of the low countries and of Scotland in all points either of substance or of circumstance disciplinated alike Nay they neither are can be nor yet néed so to be séeing it cannot be prooued that any set and exact particular forme therof is recommended vnto vs by the word of God And therfore maister Deane of Paules in the said * Ibid. pag. 16. booke saith that one end of so manie counsels gathered so often in the primitiue church was this to make canons For the externall gouernement of the church which had not néeded if such a perfect platforme had béene deliuered thereof in scripture as some men vainelie blunder about And I verelie doo persuade my selfe that he being a man yet liuing and well knowne to be farre from anie vnreuerent opinion of the state and policie of our church whereof he is no inferior member himselfe and being best able to interpret his own meaning would if he were demanded quicklie conuince this man of factious and slaunderous wresting and racking of his words And seeing he obiecteth vnto vs the president of reformed churches in matter of discipline let him first by some proofe out of scripture or ancient writers approoue vnto vs if he can the debarring of the ciuill magistrate from all gouernment in ecclesiasticall causes and a presbyterie or segniorie consisting most of laie persons yet both of them practised by some churches which he and his clients most admire and as he shall deale in these he shall haue more of our worke of like nature which peraduenture will trouble the sconses of all the new discipline-framers we haue to auow by good and substantiall proofes Now vpon the quite ouerthrowe as he wéeneth of the discipline of this church of England he laieth foorth in behalfe of all inferiour ministers an action of wrongfull detinue for I thinke he will not saie it is but nouell disseisine against Our Bishops and archdeacons for challenging all punishing of malefactors within their seuerall iurisdictions If it be their iurisdiction by law why may they not so doo Forsooth bicause They permit not the minister to exercise any discipline at all Yes truelie as was touched afore they doo and may execute the discipline of declaring by doctrine according to the word of God mens sinnes to be bound or loosed and the censure of rebuking and reproouing openlie those that doo fréeze in the dregs of their sinnes which are not the least parts of discipline which is as much for auoiding of intollerable inconueniences which otherwise would ensue as is expedient to be attributed vnto euerie one and so is it all which the law dooth enable them with as may be easilie gathered out of the verie same demand of the Bishop for at the latter end thereof it is said So that you may Teach the people committed to your care and charge with all diligence to keepe and obserue the same so that the discipline which the minister is to execute reacheth no further than to Teach his parish with all diligence to kéepe and obserue so much of the doctrine sacraments and discipline of Christ as apperteineth to them And if no especiall preheminence might be attributed in matter of execution of discipline to one minister aboue other why is it said by S. Paule excommunicating the incestuous Corinthian Absens decreui being absent I decréed 1. Cor. 5. seeing they had ministers of their owne and willed the denuntiation of the said excommunication afterward to be doone openlie in the church And at the time of his absolution Paule being absent saith To whom you forgiue any thing I forgiue also Likewise speaking of the anathematisme of Hymenaeus and Alexander I haue giuen 1. Tim. 1. them vp vnto sathan not naming either their owne minister or anie segniorie But we must yet a little followe our author leaping backe for Another reason to prooue that This statute hath appointed the discipline of Christ to be ministred as the Lord commanded onlie and none otherwise which we will easilie grant him vnderstanding it in a generalitie not as though euerie particular ceremonie rite or circumstance of externall policie if they had beene as they are not in scripture mentioned but being not commanded were at an inch to be followed For else how could the primitiue church without any prescript word I doo not onelie saie haue brought in a new ceremonie but haue altered the sabboth daie by God appointed at the first and being our saturdaie vnto the first daie of the wéeke in scripture twise or thrise called the Lords daie and with vs sundaie or yet the time of receiuing the sacrament of the eucharist being according to the institution vsuallie receiued after supper to haue it receiued as it is in the morning fasting His reason for the proofe of this conclusion I gather vp thus If this part of the booke doo not abrogate all discipline vsed in time of poperie amongst the idolatrous priests as well as their false doctrine and prophanation of the sacraments then dooth it ordeine nothing but it dooth ordeine something or else it were an absurd law Ergo it abrogateth discipline vsed in poperie If this conclusion were granted yet his matter he hath in hand would not here vpon be prooued to wit That therefore discipline is no otherwise to be ministred than the Lord Christ hath commanded But I haue shewed afore this Minor to be false and that those words of the Bishop doo not dispositiuelie ordeine or abrogate anie thing for discipline more than they doo for the doctrine or sacraments which were prouided for by other acts and not by these words which were indéed absurd once to be imagined Also his Maior foloweth by no consecution for it might haue béene that those words had ordeined something and yet not to haue abrogated all the discipline vsed in poperie except it had by him first béene shewed that the same was contrarie to the commandement of the Lord and otherwise than this realme hath receiued it Which being not prooued we may conclude that he hath in all this section plaied vpon the Petitio principij a fallacie not fit for his person pretending some learning and too plaine for a man to be ouerséene in And therefore in his conclusion hereof he might haue spared his vehement expostulation of Open wrong and intollerable iniurie by the cheefe A proud and insolent terme full of pharisaicall contempt prelats for denieng to the saints of God the discipline they call for c. But if
an exception whereby vpon occasion beneficed persons may by the Bishop be inhibited or suspended from preaching or expounding euen in their owne cures And if it were not so then this being but a prouinciall constitution which cannot derogate from the canon law afore in this section alledged by our author should be meerelie void Yet to make it more plaine what great doughtie sermons these were which beneficed persons in their owne cures were in this great restraint pretended suffered to vtter Forsooth they were nothing but that shallowe paraphrase * Const prou ignorantia sacerdotum de off Archipresbyteri afore spoken of which they might simplie conne without booke and preach to their people but they might wade no further as appeareth in this * ibid. §. sacerdotes selfe-same constitution And therefore this is farre inough from giuing any authoritie to all ministers to intermeddle with preaching without further licence than their ordination to the ministerie The obiection which to this purpose against the author might be brought out of the aduertisements he handleth as Alexander did Gordius knot which bicause he could not handsomlie vntie he hewed it in sunder with his sword And so dooth he by denieng the authoritie of them bicause they are not with priuiledge nor printed by the Quéenes printer although they were commanded by hir Maiesties expresse letters And is any man to surmise that those reuerend and wise Fathers who subscribed vnto the said booke of aduertisements would or durst publish them in hir Maiesties name and as by hir Highnesse authoritie and letters dafed such a certeine daie if it were not so or that they would enterprise to forbid or restraine that which the law had so exactlie charged and commanded as this man dreameth But it is the guise of little children where they cannot read there to skip ouer But this matter is clearelie determined by a later * 13. Elizab. cap. 12. statute than all these which yéeldeth a preheminence excluding all others vnto a preacher lawfullie allowed by some Bishop within this realme or by one of the vniuersities of Cambridge or Oxenford to haue a benefice of thirtie pounds a yeare in the Quéenes bookes in like sort as a bacchelor of divinitie by the said statute may haue Now if euerie one ordeined a minister by a Bishop were thereby by the secret operation of law admitted withall a preacher by the said Bishop then were this no prerogatiue to a bacchelor of diuinitie or to a preacher when as euerie minister should be as capable of a benefice of that value as they and so the statute should be absurde and elusorie 23. Section Pag. 47 48 49 50 51 52 53 HAuing had so hard hap with particular proofes he héere commeth to a generall reason or presumption Bicause Statutes in doubtfull points are to be interpreted by the common lawe and so that they may as little preiudice the same as may be and for that the calling triall examination and qualities required are spoken of about making deacons and ministers without particular mention of what sort of calling triall examination or qualities and for that the makers of the Act were men desirous to promote the glorie of God therefore such calling triall examination and qualities are ment as are requisite to be in those two callings by the law of God which he prooueth also to be likelie By the praiers and places of scripture vsed in that action Touching his conclusion I can easilie assent vnto it If this withall be vnderstood that if either in this forme of ordering or in any other forme in any reformed church euerie speciall circumstance vsed be not Modo forma found in the word of God as indeed it is not possible yet notwithstanding if nothing therein be repugnant Articles of religion art 34. to the word of God that it may and ought to be accompted in this action and all other of externall policie to be agrèeable and according vnto it and to be that which is required by the law of God yet the conclusion followeth not of those premisses for he should haue inferred that such calling triall c is vnderstood as the common law dooth set downe Now as touching the qualities required in a priest or minister by the canon law which is the common law ecclesiasticall no such matter of preaching is required of him nor no necessarie tieng vp of the deacon onelie to reading of homilies Ad * c perlectis §. ad presbyterum dist 25. presbyterum To a priest saith the canon it belongeth to performe the sacrifice of the bodie and bloud of the Lord on the altar of God to praie and to blesse the gifts of God As concerning his allegation out of Panormitane there is no such chapter in that title wherevpon he might write yet I find in him vpon the said title this conclusion that The * Abb. in c. cum dilectus Ext. de consuetudine words of a statute ought to be construed either most largelie or most strictlie to the intent that the correction of the common law may be auoided by such interpretation Yet this moderation as the law else-where teacheth vs that * Ibid. §. in gl ver nec iuri per l. 2. c. de noxal per Bart. in l. omnes populiff de iustitia iure Where the words are euident there we ought not to take an vnproper sense of them to the intent to reduce them to the common law but where they are doubtfull or haue a double vnderstanding whereof the one is proper and the other vnproper then we ought to take in interpreting euen the vnproper sense that by it we may swarue so little as may be from the common law But in such maner also As * Abb. in c. cum dilectus Ext. de consuetud that we swarue not from that sense which custome yeeldeth although by somthing happening afterward it should appeare that such sense were not good bicause custome hath a power of interpreting of derogating and of imitating whereby it supplieth where law faileth So that I would gladlie learne what words are so doubtfull or of so diuers significations in any of our statutes or inâ—unctions touching the authorising of euerie minister without further licence to preach and barring him from reading homilies as that for auoiding of a contrarietie betwixt them and the canon law and for the reteining of the vsuall meaning of them which the custome of this church hath yèelded we should be forced to follow our authors fansies herein naie the custome of this church I am sure he will not denie but that it is against him Moreouer one of his chèefest assumpts to wit That no kind of particular calling triall or examination is set downe by the said booke so by act of parlement confirmed is vtterlie vntrue For the preface of the booke saith An bâ—truth thus It is requisite that no man shall execute anie of the said offices
the clearkes attendant about the Bishop or else tried by the good testimonie of the people And another * Glain conullus dest 24. glosse gathereth thus Heere you haue a proofe that the testimonie of the people is equiualent vnto examination wherevpon we may note that it is sometimes sufficient for a clearke that is to be ordered if he be of good fame Which may also appeare * c. de Petro dist 47. pag. 70. dist 75. c. 2. ordinatiâ—nes hereby that such as be knowne are not to be examined but those that are unknowne The second allegation which onelie speaketh of the presence of manie by-standers is not aright quoted for the number of the page as it is in some prints is taken by him for the number of the distinction The fift allegation also left by him without quotation but taken indéed out of the chapter Vota 63. dist speaketh no further than of requests and testimonie of the people to be had in this action and leaueth the election onelie to the cleargie To which also agréeeth that * c. non lice dist 63. canon which saith It is not lawfull for the people to make election of such as are to be promoted to priesthood but let it be referred to the iudgement of the Bishops that they may trie whether such is taught in word in faith and spirituall conuersation And here vpon is inferred this By all these authorities laie men are excluded from choosing of priests and a necessitie of obeieng and not a libertie of commanding is inioined And the * Gl. ibidem ver contra c. nosse c. â—â—m nossed glosse reconciling other places which in shew séeme repugnant to this saith It is to be holden that laie men ought to be present not to elect but to yeeld consent His third and fourth allegation go something further and doo require the assent and allowance of the citizens The former of them is left without quotation the second our author hath a little helped as crastie companions doo true dice by translating Conniuentiam testimonium ciuium The allowance and good liking of the citizens Whereas in truth Conniuentia is when a man séeth well inough what is done and is content not to oppose himselfe but to winke at it and by Testimonie as was afore shewed foorth of the glosse is nothing else vnderstood but a good name and report amongst men And where he vpon these dooth strait-waies leape for a conclusion That these texts and manie other mo doo all affirme that elections and ordinations must be made by citizens in the first place And priests or clarkes in the plurall number and willeth vs to Note it we must tell him that he leapeth short and that we note Quò haec not a non valet For he manifestlie herein falsifieth his owne allegations which all doo referre the ordaining to the Bishop but with assent or this or that allowance of some others And I thinke in the proper and most vsuall signification of ordination and imposition of hands it is not to be shewed that any laie man had euer anie intermedling therewith which some of their chéefest 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 doo also grant And where in the sixt place by waie of preoccupation he goeth about to prooue that These are not spoken of the cheefe priest of euerie diocesse which is the Bishop though it be not denied by any yet assuredlie the place whereby he would prooue it is onelie to be understood of the Bishop and the canon is thus He shall be no priest hencefoorth whome neither cleargie nor the people of his owne citie dooth choose But he thought to prouide saselie for himselfe herein not to be espied and therefore quoteth the 64. distinction c. qui in aliquo §. sed nec ille dist 51. in stéed of 51. and the Chapter Si fortè which is not there to be found The summarie gathered vpon the said chapter Qui in aliquo the glosse throughout yea and the whole chapter requiring the age and other qualities peculiarlie by the canons looked for in Bishops and the word Episcopus there vsed doo all prooue a Bishop indéed and not any inferiour minister there to be vnderstood And so did the whole parlement of Paris take it in the 31. article of their defense for the libertie of the church of France And he himselfe affirmesh that there were congregations in the countrie where there was by likelihood none of the cleargie but one minister and it must néeds be that there were ministers to be placed in other places belives cities And it is yet made more manifest by another disiunctiue following Or else the authoritie of the metropolitane or the assent of the comprouinciall priests haue not tried both which dooth make it plaine to be vnderstood onelie of Bishops Where it is not also to be omitted that the election there spoken of in the disiunctive wherein if either part be true the whole proposition is true dooth ouerthrow the election he speaketh of by citizens For thereby it seemeth sufficient as to that point if either the cleargie or the people of the citie do make that choise Pag. 16 That which he bringeth last out of the Autentikes I haue answered afore that it is not to be found either in the edition of Haloander or the Gréeke or Latine set foorth vp Contius yet it maketh directlie against him for if he doo thinke this constitution to be law with vs and conuenient to be vsed that Where an vn worthie minister is chosen by other there the most holie Bishop may ordeine whome he shall thinke best then in some case one man alone may ordaine and choose a minister without approbation of the people and the Bishop shall hereby have as absolute a stroke to reiect or reprooue a minister as he hath alreadie But I would of all these varieties of iudgements in diuerse canons our author would haue signified which of them we must hold for law for all being so discrepant cannot be Whether it must be onelie In the presence of manie by-standers or at the request of the people or with the testimonie of them or with their aduise or assent or else by their election and vaices But if by waie of admittance it should be said that these old canons were as direct as he would haue them yet they cannot any waie serue his turne For he must first prooue that they are not repugnant vnto the customes of this realme and shew vs how they haue béene vsed and executed here before the making of the statute 25. H. 8. yet he can saie they are by law established amongst vs. Naie if euen then they had béene in vse yet are they countermanded and reuersed now by another course of ordering of ministers set downe in the booke for that purpose wherein no such forme is prescribed And he himselfe affirmeth often in this treatise that they are no lawfull ministers yea no ministers at all in this church
of England that are not ordered according to the exact forme of that booke But if he will saie that this popular approbation and election as he plainelie afterwards inforceth is the forme by law Pag. 62. factious doctrine deliuered by the Abstractor required then haue we by his owne doâ—rine no ministers at all in this church for we haue none that haue béene so chosen Yea then his oâ—vne clients who to enable themselues to take liuings ecclesiasticall according to law will be contented to be ordered by a Bishop according to the booke which they neuerthelesse hold to be a calling against the word of God shall thus be left wholie without calling and ministerie and by his and their owne iudgements are to be taken for intrudors And if this plat of popularitie be not the forme of ordering ministers which the lawe and the booke dooth establish then with what conscience dooth he so vrge it in this place who dooth so rigorouslie in other places exact the obseruation of euerie tittle in the booke But I will not runne into this common place to shew all the absurdities inconueniences and impoâ—â—bilities of it or the iudgement of elder and later Diuines being without my reach or the practise of other churches which all are learnedlie handled Pro contra by others purposelie intreating hereof to which I remit the reader for further resolution I will onlie put this great canonist in mind of the 13. chapter of the councell of * c. non est 63. dist Laodicaea which dooth forbid these elections by the multitude or people which as c. siergo 8. q. 1. Origen saith oftentimes is pricked forward or caried awaie with clamours fauour or reward And here I would be resolued these canons being as he saith in force of law with vs and To be vnderstood not alone of the cheefe priest of euerie diocesse which argueth Dangerous innouation vrged they are to be vnderstood of him whether this be not wholie to take awaie from hir Highnesse the nomination and recommending of Bishops Deanes to their places or else to leaue hir Haiesties choise to be countermanded by a beast of manie heads Scinditur incertum studia in contraria vulgus Also hir Daiesties being the head member of this church whether the shall be allowed a voice by hir Highnesse proctor amongst the people of one parish alone or in all the parishes in the realme in choosing their ministers and what voice whether a negatiue countermanding all others or luxta c. breuiter dist 62. no Or else whether hir Highnesse shall haue no suffrage therein at all both which if they be not to the great derogation of hir Highnesse prcrogatiue roiall let indifferent and wise men indge who may also sée a further matter and a greater debasing shot at by this popularitie than outwardlie is pretended 27. Section Pag. 59 60. That the statute 25. Henrie 8. for establishing of such canons and decrees as be of nature and qualitie there specified dooth not giue life to these canons and decrées last alledged bicause both they are repugnant to the generall and inuiolable customes of this realme and to hir Daiesties prerogatiue roiall also hath béene afore shewed yea they are not alone contrarie to ours but to the generall customes of all christen dome by many hundred yeeres continued as may appéere by that so often repeated distinction of benefices collatiue and clectiue mentioned and allowed of not onelie by canons and decrées but by the municipall ordinances almost of eueric seuerall realme His second reason for proofe out of the 21. Hen. 8. Cap. 13. of an interest of An absurd reason All the people in the approbation and election of their minister bicausé a Bishop is allowed six chaplines a number then required to be present at giuing of orders is not to be counted a Fallax being too simple to make any shew of deceit but as a syllogisme framed in mood and figure of Quem terra pontus without head or tade His third reason for proofe héere of is bicause the booke in sundrie places of it speaketh of clarks and people present and of An exhortation declaring for thus be the words of the booke and not as our author hath pared them the dutie and office of such as come to be admitted ministers how necessarie such orders are in the church of Christ and also how the people ought to esteeme them in their vocation which is so strong a reason that it cannot be gathered or drawne togither into a syllogisme with a cart rope except we would imagine that wheresoeuer the law permitteth men to be present at any action that there they are interessed to haue a voice to allow or dissallow that which is to be doone And if the exhortation spoken of could giue anie colour that waie it should haue béene to set out what héed and vigilant care the people should haue and what especiallie they should respect in the choice of their minister rather than to tell them how they ought te stéeme him when he is once admitted for if they themselues make choise of them there is no cause why of all other they should mislike or make anie light reckoning of them otherwise than men commonlie doo who thinke they may make bold with such as they themselues haue aduanced And whereas he would thereof gather the presence of the people of that parish where the minister is to be placed to be required for that no profit else for the better estimation of their minister can by them be reped of that exhortation if it shuld be granted vnto him can he ground vpon their presence an interest also in them of approbation and election of their minister But there is profit to be reped by such an exhortation for any people whosoeuer that shall be present For euerie man is or ought to be of some parish and hath a minister whom he ought to estéeme and reuerence for his calling sake and therefore such exhortation can not be said to be in vaine though the people of the parish where he is to serue be not then present And for that these canons by him before alledged doo mention Citizens presence at the ordination of clearks our author taketh occasion to tell vs that The choristers singers organ-plaiers and other officers and ministers of cathedrall churches are not comprehended vnder the name of Citizens for that the canons doo attribute to these a seuerall name from citizens A reason retorted Pag. 16. by calling them Clearks which as he truâ—â—e affirmeth so this dooth argue that the place by him afore brought out of the Autentikes that Clearks vnlesse they were learned should not be ordeined that thereby he might prooue an abilitie of preaching to be required in euerie clearke did not correspond to his purpose séeing that no man will say that any such exquisite learning is looked for in such inferior clearks and officers of churches as these be But
which for their first planting vsed the ministerie of notable men which before had béene Massing priests Naie it were a manifest abridging of hir Maiesties prerogatiue roiall to bind hir Highnesse hands by such Canons if there were any from aduancing men in all other respects fit for the vse of the church being against both hir Maiesties owne practise and hir most excellent brothers the vertuous K. Edward So that we may conclude the truth of his Maior proposition is as good and no better than his dealing in the allegations for the proofe of it was plaine and vpright 37. Section Pag. 74 75 76. THose things which I haue afore alledged conteining particular decisions of lawe contrarie to his absurd and vncharitable assertion against penitent sinners I trust may satisfie our author séeing for feare of a rule not generall and with more limitations against it than with it he is content to let go his former hold For he saith though Manie things are not to be doone of vs which being once doone must stand yet the Massing priests might neuerthelesse and ought to haue béene secluded From the ministerie at the entrie of hir Maiesties reigne So that it seemeth he alloweth of their tolleration now to remaine in their roomes though by the waie he accuse both hir Maiestie and the whole state then Accusation of hir Maiestie and the state for want of discretion as not performing their duties herein and of vnaduised translating of the canon lawes vnto vs. And here againe he sheweth his great skill in Law and Logike when he would both haue had the canon law then wholie abrogated and yet by that law he would haue had such as had sometimes béene Massing priests and conuerted to the gospell debarred from the ministerie The * c. sollicitudinem Ext. de appellat ibi gl ver tanquam aduersa remissiâ—e lawe saith He that alledgeth contraries is not to be heard Therefore to helpe vp the matter fullie on his side he surmiseth by waie of admittance that They are idolators still or that they doo keepe backe from the people the word of God and therefore are to be remooued And it is a maruell that his skill in law was not such as to haue alledged for proofe hereof full wiselie Semel malus semper praesumitur malus But who art thou that thus iudgest another mans seruant who either standeth or falleth to his owne lord And who if either Their insufficiencie negligence contempt oridolatrous hearts may be duelie found out wherewith he chargeth them are not to be tollerated any more Railing against orders of the church in respect of their conformitie to weare cap and surplesse by law prescribed which I doubt not but vnder their persons be here ment to make absolutelie odious than his clients are to be borne with who in contempt of lawe doo swing vp and downe at communion and else-where onelie in their side cloakes more like ruffians and drouers than sage and staied ministers in a setled church And where he goeth about to heale that which belike he feared would be obiected concerning the * 2. Kings ca. 23. ver 8 9. priests of the high places whome Iosias brought out of all the cities of Iuda and suffered them to eate of the vnleauened bread among their brethren he is but afraid herein of his owne shadow for he seeth there are other more pregnant places a great deale FaluÌ„ficatioÌ„ to this purpose But here he hath also falsified the text in making these Priests of the high places the Priests of Baal whose priests are indéed spoken of in the fist verse and by calling the Vnleauened bread by the name of Tithes and offrings And here also by waie of recapitulation of that which had béene spoken foure or fiue pages before he flingeth backe againe to inforce the remoouing of a minister for insufficiencie or negligence as well as men in diuers other functions are for the like to be remooued which his reason is answered afore And at the closing vp hereof as Orators doo when at the first and in the end they set their most forceable persuasions to leaue the déeper impression he allegeth thrée lawes belike as the verie cutthrotes of all A permission was * L. 12. si quis cterialis C. de Epi. Cleric giuen vnto Decurions by Theodosius the emperour vpon relinquishment of their goods to become clearkes Which the emperours following thought good to abrogate by calling backe publike officers and ministers which either in regard of the troubles of such functions of superstition and admiration of that kind of life or for the enioyeng of the immunities of clearkes would leaue their former roomes destitute and procure themselues to be ordeined clearkes in some great church amongst other But I sée not what this may prooue sauing that princes heretofore haue made lawes to bring backe ecclesiasticall persons from the seruice of the church which vnduelie and with for saking of their former vocation they vndertooke As for bond men which by their maisters consent first taking vpon them to be Moonkes all which were in those * c. a subdiacâ—â— no 93. dist daies laie men did relinquish their solitarie life afterwards and therefore were brought backe to their old slauerie least they should reape benefit and their maisters by such collusion be damnified I cannot sée to what end it is brought but to make vp a number and to range in a ranke with the rest His last allegation here is his owne collection and not the law it selfe in either of the places quoted which prooue onelie that infamie which is Infamia iuris is sufficient cause of remoouing a man from an office of credit and saie nothing of hindering him to aspire to such a place as is here alledged although the law be elsewhere as pregnant for the one as for the other And though this be true and to be applied also to ministers yet is it not by force of these lawes onelie but by vertue of other Canons especiallie prouided for that end and purpose 38. Section Pag. 76 77. HEre he rangeth still further and further from his issue which is that such a learning as enableth a man to preach and none other is allowed of by lawe in a minister and would now forsooth prooue our ministers to be no ministers at all for that they are not made according to the forme and maner which the law prescribeth That they are not so made he leaueth as yet vnprooued and taketh it of the readers liberalitie as granted vnto him which neuer ment to ease him of that paines The reason of the consecution if they be not in that maner and forme made and ordered as is appointed that then They are no ministers in deed and truth but onelie in shew and appeerance hereof he thinketh may be established bicause the statute saith Those which be or shall be made deacons or ministers after the forme and order prescribed shall
be by authoritie thereof declared and enacted to bee and shall bee priests ministers and deacons and rightlie made and ordered c. And if hereof may be gathered that therefore none shall be accompted deacons priests or ministers but which be ordered in that precise and exact forme then will it follow that no Deacons and Priests ordered in the times of king Henrie and Quéene Marie are to be so accompted with vs for Priests whereof the contrarie afore is shewed Then also none made and ordered by a Bishop consecrated in those times as the most ministers were at hir Maiesties first entrance shall be true Deacons or Ministers though in other points the forme of the booke be obserued wholie bicause by that reckoning the Bishops that ordered them being also consecrate after another forme were no Bishops and so those which haue béene consecrated of them since no Bishops likewise being not consecrate by verie Bishops and consequentlie neither the Priests ordered after the popish maner nor any of our Deacons and Ministers now are by this mans collection True deacons or ministers but onelie in shew and apperance En quo discordia ciues perduxit miseros Naie then are all the ministers of other reformed churches being not ordered according to this forme to be accompted as no true ministers but especiallie some of our owne countrie men who yet thinke themselues more lawfullie called than any of ours besides bicause they were ordered beyond sea after another maner shall be in the same Predicament with others seeing our author hath taught vs to reason out of this statute both affirmatiuelie and negatiuelie But I haue somewhat aforeshewed how far an argument A contrario sensu dooth hold and the common lawyers can tell him that this statute being in the affirmatiue onelie may well establish those as true ministers which be ordered according to that forme but cannot seclude all others though they be not so ordered But his dealing Malice palpable is woorth the marking whose proofe being generall against all not ordered in maner and forme as is required yet he concludeth onelie against Vnlearned ministers that by law they are no ministers at all when as the want of obseruation of that forme will disable by his construction euen the best learned as fullie as the vnlearned 39. Section Pag. 77 78 79 80. THat the not obseruance of the maner and forme in any point for so must his indefinite spéech héereof néeds be construed about ordering of Deacons and Ministers dooth infect the whole action and maketh it of no validitie in law he here laboureth to inferre vpon diuerse places out of the law Ciuill Canon and Common which to diuerse purposes doo séeme necessarilie to require a set and an exact forme for accomplishment of them In his first allegation to this purpose I note his want of iudgement For that * L. si is qui §. quaedam ff ad 〈◊〉 Falcidiam law compelleth an heire or executor to perfect and finish such works as the testator hath willed to be made yea though the fourth part of the whole goods otherwise by Lex Falcidia due vnto him be there vpon also spent bicause it is a legacie that cannot be diuided and therefore it is not sufficient for the heire to laie onelie so much cost vpon it as that he may reteine his fourth part due vnto him by law but he must make vp the worke perfectlie So that the reason of this decision is not anie forme required thereto as he would gather but onelie the nature of the legacie which otherwise were to no vse if it might receiue such an apportionment The * c. caussam Ext. de iudicijs chapter it selfe out of which Panormitane gathered that which here in the second place is alledged dooth sufficientlie shew that euen those formes and solemnities which be of the substance of the act may be countermanded by custome For though neither the prior and couent of a cathedrall church without the Bishop nor the Bishop without the chapter could then sue or be sued as partlie by this canon and partlie by the lawes alledged by the * Gl. in ver assensu ibid. glosse here appeareth yet we sée that the vniforme custome of this land hath since that time otherwise preuailed against these lawes and canons And I cannot coniecture whie our author thought good to explane this being of it selfe verie manifest by an example of euangelicall denuntiation except he would haue vs to gather hereof euen contrarie to the practise of all reformed churches that in no case excommunication is to be inflicted but vpon the procéeding by these degrées mentioned But then would it be verie hard as it is still by this meanes to haue any vse of excommunication at all séeing hée requireth the priuate monition giuen onelie in â—he hearing of the two parties themselues to be first Prooued which must necessarilie be by witnesses And by the waie I cannot sée if this place of the 18. of Matthew be a perfect platforme of excommunication as some doo affirme how excommunication can be otherwise laid vpon any man but when the originall did begin vpon a priuate offense betwixt some particular parties and where all the circumstances there touched be obserued The * c. 1. §. quia verò de rebus ecclesiae alien in 6. canon which without all quotation he alledgeth to the like end as afore dooth not ground the inualiditie of the alienation of those church goods onelie vpon want of a solemne and diligent discussing of the matter before but first and principallie bicause the tithes were allotted vnto the Archdeacon of Duresme from a church being void and wanting a defendor And againe bicause there was no euident necessitie or profit of that alienation And by his * Auth. hoâ— ius Auth. praeterea Cod. de sacros eccl alledging of two Authentikes inserted into the bodie of the Code of Iustinian by the name of two lawes he argueth either his great hast or his small skill practise in law The two decisions which likewise he alledgeth without any direction of proofe as being according to the common law of this land I thinke he will not compare and saie that they conteine no more exact a forme than is the forme prescribed in making of ministers For then like as he telleth vs the statute speaking of pledges cannot be satisfied with one pledge alone so the booke mentioning alwaies deacons and priests in the plurall number to be ordered shall by this comparison exclude the Bishop from making but one minister at once though there be no more places but one in his diocesse void at that time The other places of this section which he partlie quoteth out of Panormitane and partlie as being wearie leaueth without quotation it were but lost labour to search into séeing they haue their truth if they haue beene trulie vnderstood and one answer may serue both to them and all other of like
be so soone reconciled againe with his enimie whome sometimes he wished to be broiled like S. Laurence or to be burnt like an heretike in Smithfeeld The other and more principall point concerning the declining of the church of England in ceremonies gouernement and discipline from the commandement of Christ by him and such like surmised bicause it conteineth a verie greeuous accusation of so famous and great a part of the vniuersall church and is therfore a matter of great consequence to haue this church cleared of that slander which this infamous libeller obiecteth I haue thought good for a taste to trouble the readers a little with some few and briefe collections gathered for the most part by certeine painefull and godlie learned men yet in some small portion vpon mine owne slender wading concerning these matters of externall church-policie not to any intent as I may safelie before God protest to derogate from any tolerable order established in these externall matters by any reformed church as a thing vnlawfull of to be condemned howsoeuer peraduenture some of them may be inconuenient to be vsed but onelie to shew the vanitie of this and other like affected mens assertions which By the exact description of the temple and other things about the seruice of God in the old law and because Christ was faithfull in all his fathers houshold would carrie awaie in a generalitie that therefore there is one certeine perfect and setled forme of discipline gouernement and of externall church-policie recommended and also commanded in scripture vnto vs. For if vpon examination hereof in specialties it may appeare that the ring-leaders of this band doo not onelie differ but also be contrarie one to another in many materiall points of this their platforme which they neuerthelesse would mingle heauen and earth together for by their The soldior of Barwike pag. 3. spéeches and writings then I hope all godlie wise men will easilie sée that it is but a strong fansie which either all or at the least some of them in this behalfe be led by and that without reason they doo exact of vs to yéeld vnto them which are not at any accord or resolution among themselues nor yet with other learned men Wherevpon this will ensue and profitablie may be gathered that as it is lawfull for any particular church by the word of God to reteine what forme and circumstances of discipline and gouernement in the church not contrarie to the word of God which weieng all things therein considerable shall be thought most to tend then and there to the building vp of the liuelie stones in déed into one accouplement in Christ Iesus his mysticall bodie so that forme will fall out to be most safe which hath béene most generallie receiued and profitable practised and hath for it the approbation of the purest antiquitie in the primitiue church For it is a verie nice and a dangerous scrupulositie rather than to vse that aright which hath bene once abused that a man should go about to deuise and to laie out new platformes in church matters in which of necessitie such difficulties will dailie arise that can not by any reach of mans wit be forecast and which will bréed not onelie a continuall toile but also infinite dangerous innouations both in the church and common-weale Now as concerning the inward gouernement of the church of Christ by the spirit of God working in his children by the ministerie of the written and reuealed word and also touching the essentiall points of the outward policie and gouernement of the church consisting in the true teaching of the word of God in the due administration of sacraments according to Christes holic institution in the aduancement and furtherance of vertue with the beating downe and suppressing of sinne and impietie and in keeping the church in a quiet vnitie and good order there is no difference or varietie of opinion amongst vs. Which wholie therefore dooth rest in this point touching the forme and manner of putting this externall church gouernement in vre and practise For they affirme that * Pag. 19 20 239. Christ hath left and Commanded as perfect a rule and law for the gouernement of the church his fathers houshold by discipline as he hath doone by doctrine which is saie they by their consistories and presbyteries and also that the same is perpetuall and ought so to continue vnto the worlds end in euerie particular church Both which we denie and with all affirme that no such precise and exact forme of externall gouernment of the church by discipline as they depaint out is so much as by any example recommended vnto vs in scripture but much lesse commanded as a continuall platforme for euer to be followed To their first asseueration belong those their spéeches where they call it The presbyterie which God hath appointed the arke of God the Lords house a royall throne for Christ to sit and rule in And where other of * T. C. in epist ante lib. 2. them tell vs that The order which they contend for is that which God hath left * Admon 2. pag. 5. and that The matters they deale in are according to the verie will of almightie God Insomuch that * A libell printed in forme of a table they make him Antichrist and one who refuseth to haue Christ to rule ouer him which reiecteth their Presbyterie gouernement To their second paradox belong these and such like magnificall elne-long terms * T. C. in epist ante 2. lib. that It is the euerlasting truth of God that it is the kingdome of God in this world which onlie hath the promise of blessing and life for euermore * Admon 2. pag. 61. that this is onelie Gods order which in conscience they are forced to speake for and to vse and * T. C. in 1. lib. pag. 141. that we are expreslie charged to reteine this Segniorie till the comming of Christ to iudgement by the words of S. Paule in the sixt chapter of the first to Timothie notwithstanding Caluine dooth wholie refer it to the ministerie of Timothie And although our men who belike sée further in a milstone and can find more knots in a rush than other men doo tell vs of such a necessarie perpetuitie continuance of their presbyteriall gouernement yet * Art 23. tit aduertissement en la discipline du France the French churches reformed could not find any such setled forme of discipline so by scripture established but that it might vpon occasion be altered And therefore in the shutting vp of their booke hereof they saie thus Ces articles qui sont c These articles which are here conteined touching the discipline are not so setled amongst vs but that the vnitie of the church so requiring they may be changed And it is a world to sée consider though not onlie in this point but in many other materiall points about this gouernment our church-wrights differ both from
vs vz. Whether by these mens platformes which I haue mentioned agréeing so hardlie among themselues or by some one of them or yet by none of them but that we must expect some other more skilfull than all the rest to arise vp hereafter to reconcile or confute all those which haue hitherto written hereof Whether it be good and sound diuinitie that hath béene alledged concerning excluding christian princes from their gouernement in church matters of excommunicating them of releasing their subiects from obedience and in some cases of deposing them or no Where anie pregnant and concluding proofe may be found either in scripture or anie antiquitie which dooth iustifie the gouernement of church matters in euerie parish by the minister and by certeine men termed Presbyteri being otherwise méere laie men and of no ecclesiasticall function Whether if the generall conceiued error be not by law sufficient to make the marriages and baptizings of force which hath béene done and celebrated by such as our Abstractor reputeth not to be ministers would he wish them to be remarried ouer againe and baptized afresh by such as he taketh to be ministers indéed as hauing beene hither to not baptized and so make void all benefits of subiects by purchase or discent hitherto growne vnto them and to their children according to the course of the common lawes of this land or no And in case that either he or any other be of iudgement that the baptisme conferred with water and the words of institution seriouslie pronounced by him that is no lawfull minister neither in fact nor reputation or by him that is in reputation onelie one and not in déed nor in law be so vtterlie void that the partie ought to be baptized or dipped againe Then I doo demand how this may be warranted either by the word of God or example and testimonie of antiquitie in the time of the primitiue church Further I demand hereof whie all those in like sort which haue béene baptized by Popish priests whome our Abstractor holdeth neither for lawfull ministers indéed nor in law and who were but admitted at taking order of préesthood Ad sacrificandumpro viuis defunctis ought not as well as the former to be baptized againe Againe whie the sacrament of the supper should be to the true receiuer thereof at the hand of an vsurper and no lawfull minister more effectuall than the sacrament of baptisme by this supposition is being conferred by the same man vnto his child which is the séed of the faithfull Whether the inequalitie of Gods gifts for the building vp of his church being the cheefest ground of the inequalitie of rewards to the ministers thereof must we yet of necessitie and in iustice require as great abilitie in him that hath but twentie nobles or ten pounds by yeare as is required or to be found in him that hath an hundred marks by yeare to mainteine him And whether the like difference and inequalitie both of gifts and rewards be not to be found in the vplandish townes of their dominions and territories which our reformers thinke to be without spot or wrinkle in their externall gouernement Whether such a minister that is of reasonable knowledge in diuerse points of doctrine yet not able either to preach methodicallie or to confute errors and heresies sufficientlie as he that would improoue the praieng for the dead out of that place There is a sinne vnto death for the which I say not that you shall praie Whether I saie were it more expedient to permit him to preach and to expound publikelie or but to read godlie and learned homilies and to exhort and dehort his parishoners onelie as present occasion should be offered Whether in any other reformed church beyond the seas where no such rite is by law established if a minister would néeds continuallie weare a surplesse in his ministration might he ought he in iustice or should he in fact be put from his ministerie for the disturbance of the peace and vniformitie of that church or no Whether a minister in the like forreine church after monitions giuen vnto him to the contrarie that will neuerthelesse publikelie in his sermons inueigh against the vse of vnleauened bread in the sacrament or simplie or absolutelie condemne all vsurie whether it be biting or but nibling as sinfull and wicked the orders of that church being in both to the contrarie might in iustice or were like in fact to be remooued from his ministerie in that place or no The end of the Appendix to the former Treatise Pag. 107 DISPENSATIONS FOR MANY BENEFIces vnlavvfull QVIA NONNVLLI c. Forasmuch as some putting no measure to their couetousnesse Extra de ele non residen c. quiâ— nonnulli c. 1. de consuet lib. 6. endeuour to take many Ecclesiasticall dignities and many Parish Churches against the ordinances of holie Canons and beeing scarce able to discharge one office yet notvvithstanding challenge vnto themselues stipends due vnto many vve straightlie command that hence-forth this abuse be not anie more permitted And that vvhensoeuer anie Church or Ecclesiastical ministerie ought to be coÌ„mitted vve vvill such a parsoÌ„ to be sought that may bee resident in the same place discharge the cure by himselfe And if anie thing shal be done othervvise let both the receiuer loose that that he hath so receiued and let the giuer be depriued of power to giue againe Out of which prohibition these conclusions may be made 1 Whatsoeuer tendeth to the maintenance of couetousnesse is vnlawfull 2 But to suffer one man to inioy manie benefices tendeth to the maintenance of couetousnesse 3 Therfore for one man to haue manie benefices is vnlawful 1 Whatsoeuer is contrarie to the holie Canons is not to be tollerated 2 But for one man to haue many Churches with cure of soules is contrarie to the holie Canons 3 Therefore for one man to haue manie Churches with cure Pag. 108. of soules is not to be tollerated 1 Whosoeuer taketh vnto himselfe the stipend due vnto manie the same doth commit an vnlawfull act 2 But he that taketh vnto himselfe manie benefices taketh the stipends due vnto manie 3 Therefore hee that taketh vnto himselfe many benefices doth commit an vnlawfull act 1 Whosouer is scarce able to discharge his office in one place is not to haue the office of many committed vnto him in manie places 2 But he that hath the cure of soules committed vnto him in one place is scarce able to discharge his dutie in that one place 3 Therefore he is not to haue the offices of many committed vnto him in many places 1 Whatsoeuer is an hinderance to him that hath cure of soules to be resident to discharge his câ—re by himselfe the same is not to be suffered 2 But for one man to haue many benefices is an hinderance for him to be resident to discharge his cure by himselfe 3 Therfore it is not to be admitted that one should haue many
benefices Againe QVIAINTANTVM c. Because the ambition of some Extrauag de preâ—end quia in tantum hath spread it selfe fo farre as that they are said to haue not onely tvvo or three but many Churches being not able duly to serue tvvo vve vvith the consent of our brethren fellow Bishops coÌ„mand that this be reformed And because the multitude of prebends eueÌ„ an enimie to the Canons is an occasioÌ„ of a dissolute gadding ministerie and conteineth a manifest perill of soules vve vvil therfore prouide to supply the vvaÌ„t of such as are able to do seruice in the Church The reasons of which decree may thus be framed 1 Whatsoeuer is or may be a meane to maintaine ambition is Pag. 109. not to be tollerated 2 But for one man to haue many benefices is a meane to maintaine ambition 3 Therfore for one man to haue many benefices is not to be tollerated 1 Whatsoeuer ministereth matter for a gadding roaging and dissolute ministerie is not to be tollerated 2 But for one man to haue many benefices ministreth matter for a gadding a roaging and a dissolute ministerie 3 Therefore for one man to haue many benefices is not to be tollerated 1 Whatsoeuer containeth perill of soules is not to be tollerated 2 But for one man to haue many benefices containeth perill of soules 3 Therefore for one man to haue many benefices is not to be tollerated 1 Whatsoeuer is cause that such as are able to doe seruice in the Church doe want and so are kept backe from doing the Church good is not to be tollerated 2 But for one man to haue many benefices is a cause that diuerse able to doe seruice in the Church doe want and so are kept from doing good 3 Therefore for one man to haue many benefices is not to be tollerated Againe VNDE CVM IN EODEM c. Sithence therefore it Extrauag de elestio ca. dudum 2. vnde c. Ex trauag de prebeÌ„d ca. de multa is ordained in the same counsell that whosoeuer shall receiue anie benefice vvith cure of soule aunexed if before he obtained the like benefice should by lavv it self be depriued of the same and should also be spoiled of the second 〈◊〉 case he contended Pag. 110. to holde the first the foresaid elected notvvithstanding breaking these ordinances by the pluralitie of benefices doth incurre himselfe these vices vvhich he should improue in others euen couetousnesse breach of lavv And by retaining benefices vvhich belong not vnto him forsomuch as vpon the receit of a second benefice the former by lavv is meerely voide hee hath by consequence contracted another mans goods so committed theft or rauine he retaineth moreouer the said Parish churches both to the detriment of his ovvne saluation and the health of other mens soules forsomuch as he being by lavve it selfe depriued froÌ„ these benefices the cure of their soules did no more belong vnto him and so were they damnably deceiued Out of which constitution one other conclusion may thus be gathered 1 Uniustly to take that which belongeth to another man and so after a sort to commit theft or rauine is vnlawfull and not to be tollerated 2 But he that hath manie benefices doth by vniust meanes take to himselfe that which belongeth vnto another and therefore after a sorte committeth thefte or rauine 3 Therefore c. Pag. 111 ECCLESIASTICI IVRIS officia singulis quibusque personis 89. Distinc c. singula sigillatim committi iubemus c. We command saith hee that singular offices belonging to the right of the Church bee committed seuerallie to singular persons For as in one bodie vve haue manie members and all members haue not one office so in the bodie of the Church there are manie members according to the true saying of S. Paule in one and the same spirituall bodie this office is to be committed to one and that office to another neither is the charge of tvvo things to be coÌ„mitted at one time to any one person be the said persoÌ„ neuer so cunning or expert For if all vvere the eie vvhere vvere then the hearing For as the varietie of the meÌ„bers hauing diuerse offices both kepeth the strength of the bodie and preserueth the beautie thereof Euen so diuers persons hauing diuers fuÌ„ctions distributed vnto them make manifest the strength comelinesse of the vvhole Church And as it is an vncomelie thing in the bodie of man that one member should do his fellovv members office Euen so is it hurtfull and most vvicked vvhere the ministerie and fuÌ„ction of seueral things shall not be distributed to so manie seuerall persons And in another Chapter Lâ—â—â—o elder haue tvvo Churches both because it is 16. q. 7. c. per Laicos in fi a proper kind of merchandise and filthie gaine and also altogether contrarie to the custome of the Church From whence I conclude thus 1 whatsoeuer is contrarie to a good custome of the Church is not to be tollerated 2 But for one Clarke to be placed in two benefices is contrarie to the good custome of the Church 3 Therefore for one Clarke to be placed c. 1 whatsoeuer is a proper kinde of merchaundise and filthie gaine is to be auoided in the Church 2 But for one man to haue many benefices is a proper kind of merchandise and filthie gaine 3 Therefore c. 1 Whatsoeuer is vndecent and vncomelie in the Church is vnlawfull 2 But for one man to be placed in two benefices is vndecent and vncomelie 3 Therfore for one man to be placed in two benefices is vnlawfull BEside these Canons there are manie mo establishing the not hauing of many benefices for one men but to recite all were a labour superfluous considering the effect of al is contained in these And yet Octobones prouinciall constitution wherein diuerse other absurdities then wherof mention hath bene yet made against the vnlawful retinue of many benefices are expreslie alleadged is not amisse to be repeated who saith as followeth Pag. 112 EX HIS AVTEM c. VVe suffice not to speake hovv Octob. de inst seu collat ca â— great euils proceed out of these pluralities vnto the Church For by theÌ„ the honestie of the church is defiled Authoritie is naught set by the faith of Christ is troden vnder foote loue is banished the hope of the poore expecting anie voide benefice is frustrate The miserable blind sinner boasting himselfe as a guide doth not so much receiue as steale that that belongeth not vnto him Among the rich themselues also strises and contentions arise braules enuies are nourished And for this cause vve chiefly feare the fire of God his vvrath to haue bene kindled against men of such rule for the offences of some to haue sent a feare or reuenge against all and vvhilest vve see nothing so perillous vve feare such or grieuouser things in time to come vnlesse God by his mercie respecting
vs shall lay to some vvholesome remedie If the disease and maladie of pluralites in time of ignorance and superstition was such that the blinde leaders of the blinde 5. P. 2. had their eies in their heads to see the infection therof to be most perillous as well to their synagogue as to their common weale how is it possible that plurified men in the time of the knowledge and truth of the Gospell should finde anie meanes to escape the fire and reuenge which the idolators feared And not onely these Canons and prouincials but the statute lawes of England also made against these excesses prohibite likewise the hauing of â—â— benefices as appeareth by an act of Parliament made the 21. yeare of Henrie the 8. the tenor whereof ensueth And be it enacted that if anie person or persons hauing one benefice with cure of soules being of the yeerelie value of 8. pounds or aboue accept and take anie other with cure of soule and be instituted and inducted in possession of the same that then and immediatlie after such possession had thereof the first benefice shall be adiudged in the lawe to be voide And that it shall be lawfull to euerie patron hauing the aduouson thereof to present another and the presented to haue the benefit of the same in such like manner and forme as though the incumbent had died or resigned Anie lisence vnion or other dispensation to the contrarie hereof Pag. 113 obtained notwithstanding And that euerie such license vnion or dispensation had or heereafter to bee had contrarie to this present act of what name or names qualitie or qualities so euer they bee shall be vtterlie voide and of none effect As touching anie other Canons made and in force before 25. Henrie 8. allowing certaine immunities priuiledges and dispensations to be graunted for the possessing of manie benesices and Parish Churches rightlie vnderstood are no waie preiudiciall vnto these former ordinaunces For in things depending vpon the meere disposition of man though the magistrate haue authoritie as well generallie to forbidde and prohibite as also in some cases besides the said lawe to license and dispence yet concerning the matter of pluralities it will not be found Pluralists I confesse and their abettours ground their assertions vpon these and such like rules following viz. Eius est destruere cuius est construere eius est interpretari cuius est condere Papa qut ius condidit est supra ius matorem enim retinuâ—t potestatem c. That is To him it belongeth to pull downe to whom it belongeth to set vp and the interpretation of the lawe belongeth to the lawe maker the Pope that made the lawe is aboue the lawe because he hath retained a greater power to himselfe then he hath giuen to the lawe The Pope hath a fulnesse of power to dispose of benefices at his pleasure And therefore saie they As Churches were at the first by Lawe positiue both founded and distinguished so may they againe by the same Lawe positiue either be cleane taken awaie or vnited Which vnnecessarie and sophisticall consequence is simplie to bee denied First for those former rules generallie vnderstoode without limitation and distinction bee either vtterlie false or else contrarie and repugnaunt to other principles of Lawe Pag. 114 Againe concerning these or anie other like generall conclusions in lawe I aunswere and that by an vnfallible maxime in lawe that no rule can be so generallie giuen in thinges of meere pollicie and disposition of man onelie deuised by man of which sorte these former rules are that receiueth not some limitations and restrictions And that therefore these principles wherevppon the foundation of pluralities is layde beeing weake and easilie shaken with a little blast of mannes wit cannot stande or haue anie sure setling in as much as against the same manie challenges may bee made and manie exceptions taken Secondlic the foresayde coherence followeth not for two apparaunt and principall fallacies contained in the same as afterwardes shall bee manifested But first touching these rules before mentioned Eius est destruere cuius est construere c. Hee may breake a Lawe that may make a Lawe the same is not alwaies true It taketh no place Vbt causa prohibitionis est perpetua where there is a perpetuall cause of a prohibition For then the cause beeing perpetuall the prohibition ought to bee perpetuall Quta perpetuam habet causam prohibitionis nulla est obligatio Because Fi. de verb. oblig l si slipuler in id glos extra de simo c. si quis ver iuramentum it hath a perpetuall cause of prohibition there is no obligation As for example the reason and cause of prohibition against murther thefte rauine blasphemic is perpetuall and therefore the Lawe against murther thefte rauine and blasphemie ought to bee perpetuall And therefore men hauing once made Lawes against these vices it is not lawfull for man afterwardes to dispence with these vices or by license to warrant anie man to steale to kill to spoile or to blaspheme For whosoeuer shall in this sorte dispence with a Lawe the same also may dispence with the reason of the Lawe and so with the soule and life of the Lawe and so make the Lawe a vaine and dead Lawe Ratio legis est anima legis Pag. 115 The reason of the Lawe is the soule and life of the Lawe and therefore as none may dispence with the reason of the Lawe or take awaie the soule and life of the Lawe so none may dispence with the law or take awaie the Lawe Now for as much as it is not lawfull for all the Princes in the earth to chaunge or dispence or take awaie the reasons and causes of the Lawes prohibiting manie benefices Therefore it is not lawfull for them to chaunge or dispence or take awaie the Lawes against pluralities The reasons where vpon pluralities are forbidden are reasons taken from the Lawe of Nature and from the equiâ—â—e of the Lawe of God but none can alter or take awaie the lawe of Nature or dispence with the lawe of God therefore none can Institutio de iure nat gen ci § sed naturalis Iam. alter or impugne or dispence with the reasons of either of them For as the lawe of Nature is immutable so is the reason of the Lawe of Nature immutable and as the will of GOD is vnchaungeable so is the equitie of his Law vnchaungeable to If then naturall reason bee the cause and soule and life of a naturall Lawe and the will of God the onelie cause of the Lawe of God and his onelie will the rule of all iustice vuchaungeablie none can challenge authoritie to chaunge or dispence with the Lawe of Nature or with the Law of God but hee must foorth-with challenge authoritie to dispence both with the reason of the Lawe of Nature and with the pleasure and will of GOD. And therefore out of the premises I conclude thus 1
necessarie 2. 9. 3. â— vnto to be ordained that many Churches bee not at all committed to one elder because hee alone can neither performe his office in them al neither yet imploie anie necessarie care for the administration of the goods thereof For this consideration therefore we commaund that euerie Church vvhich hath had ten households haue also a pastor ouer the same if anie haue had fewer then ten let then that Church bee ioyned to some other Churches By which constitution our pluralists if they were not wilfullie blinde might easily vnderstand that the lawe dooth not permit one man by reason of pouertie to haue many Churches that are able of themselues to maintaine many pastours but that many poore Churches vnable to maintaine many pastours shoulde bee consolidated and vnited to one and beeing so ioyned together and made one then to haue one pastour ouer them all that might haue of them all a competent falarie for his sustenaunce For saith Rebuff Papa in dispensatione maxime respicere debet vtilitatem Ecclesiae non personae sed hodie ventum est vâ— personae vtilitas consideratur potius quam Ecclesiae potius dispensatur cum diuite qui totam vorabit ecclesiam quam eum asio bono qui eam tueri possit The Pope in a dispensation ought chieflie to respect the profit of the Church not of the partie but it commeth to passe now a daied that the profit of the person is rather considered then of the Church and a dispensation is rather giuen to a rich man which will deuour the whole Church then to another good man which might maintaine the Church If therefore it might stand with the good pleasure of her highnesse godlie Comissioners in causes ecclesiasticall within their seuerall charges not onelie to examine the lawes precedent but also to put in execution the lawes following they should by this their industrie speedilie plentifullie prouide many good competent liuings for many good men to become good pastors in the same I meane not Ecclesiastical men placed Ecclesiastical Commissioners for they for the most parte are the greatest offenders in this behalfe but I meane those of hir most honourable Councell of hir Nobilitie and of hir worshipfull subiectes hauing graunted vnto them from hir highnesse as great authoritie as any of the Ecclesiasticall state haue Pag. 146 An Ecclesiasticall Commissioner is no more exempted from controulement of his collegues and associates then is a Senatour from the order of the Senate or a Counsailour from the directions of the body of the Counsaile or a Bishop from the Censorship of a lawful Synode If therefore the Nobler sounder and better part of the ecclesiastical Commissioners did examine not onely such plurified men as are no Commissioners but such plarified men also as are ioyned in Commission whether by vertue of any facultie license or dispensation they or any of them haue enioyed mo Benefices with cure of soules then one alone aboue the space of seuen yeares then should the sayde Commissioners finde the same Benefices so possessed to be meerely voide as though the incumbent were dead Bicause euery dispensation graunted for more then seuen yeares by lawe is a voyde Dispensation as appeareth by that that followeth IS ETIAM c. The partie also vvhich is taken to such a Regiment to the end hee may more diligentlie care for the Lib. 6. de elect licet canon § is autem flocke committed vnto his charge let him bee personallie resident in the Church whereof hee is person And as touching his residence the ordinarie for a time may dispence if anie reasonable cause so require He saith well saith the Glosse that the ordinarie may dispence for a time because the Pope himselfe Glos verb. ad teÌ„pus cannot giue perpetuall indulgences for residence such as were giuen before by Popes he hath reuoked as appeareth by the constitution following Pag. 147 QVIA PER AMBITIOSVM c. Because of the ambitious importunitie of suitors as vvell vvee as some of our Lib. 6. de reser c. vlt. predecessors Bishops of Rome haue giuen vnto manie perpetuall indulgences for the receiuing of the fruites of their benefices dailie distributions excepted vvhether they vvere at studie or vvhether they vvere resident in either of their benefices or had their abode in the Court at Rome or in anie other certaine place or vvheresoeuer else by meanes vvhereof insolences of gadding doo spring foorth and a matter of dissolutenesse is prepared the seruice or vvorship of God vvhich vvee desire should be increased is diminished and the office of Ministerie in respect vvhereof an Ecclesiasticall benefice is due for the most part is omitted vvee vvilling to amend things passed and as much as lieth in vs to prouide against things to come doo vtterlie reuoke all such and the like personall and not reall indulgences and that vvhich vve suffer not lavvfull in our selues vve forevvarne the same vnto our successours By which Canons it Glos verb. perpetuas ibidem is plaine that euerie dispensation should haue a certaine time limitted beyond the which it ought not to be extended for by this perpetuall indulgencie is vnderstood an indulgencie for tearme of life An indulgencie therefore for tearme of life may not bee graunted for then it is perpetual and so contrarie to the meaning of this last constitution Wherefore the time of necessilie must be limitted which time the Lawe following hath limitted and appointed to be seuen yeares onelie Pag. 148 PRESENTI CONSTITVTIONE sancimus vt Episcopi Lib. 6. de elect cum ex eo eorumque supertores cum hijs qui huiusmodi subiectas sibi Ecclesias obtinent vel obtinuerint in futurum dispensare possint liberè quod vsque ad septennium literarum c. By this present decree vve ordaine that the Bishops and their superiours may freelie dispence vvith those that either novv doo obtaine or heereafter shall obtaine vnder thee such Churches that they continuting at studie for learning bee not compelled to be promoted vnto orders vntill the end of seauen yeares And though this lawe seeme speciallie to haue respect vnto such as for studies sake are dispensed with for not entering into the Ministerie before the end of seauen yeres yet the reason of the lawe abridging the time of continuall absence and appointing that the flocke be not left without one able to gouerne and teach the same is to bee extended to all manner of dispensations whatsoeuer where the like absence may breede the like daunger Vbi eadem ratio idem ius slatuendum est ff De vi vi aâ—m l. 1. § quod vulgo ff De legib l. non possunt Where one and the selfe same reason is there one the selfe same lawe is to be ordained De similibus simile debet esse iudicium In cases a like a like iudgement ought to be had And it is expreslie forbidden in the Chapter QVIA before mentioned
are often called to and fro about the affaires incident to their seuerall liuings Yet neither dooth this Decretall simplie condemne as a thing intolerable all such Going to and fro but where it conteineth perill of soules withall neither can it be with anie reason found fault with where otherwise vpon some weightier occasion it tendeth to a greater benefit towards the church than this can anie waies be offensiue which offense is the onelie ground almost why this often going to and fro can with anie colour be reprehended And therfore his Maior must be better vnderlaid with reason before we may absolutelie admit of it as true The Medium or reason of his third syllogisme which he maketh seuerall by it selfe is ioined with a copulatiue to the reason of the former syllogisme and so both they should make but one reason Now to haue diuers benefices dooth not necessarilie conteine as he assumeth indistinalie in his Minor thereof anie perill of soules but onlie then when the partie is not dispensed with to reteine them as the * Gl. in c. quia in tantum Extr. de prebendis in verbo animarum per text c. dudum 2. Ext. c. de elect glosse in the same place dooth teach vs. And therefore his reason is a paralogisme 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The cause of which perill of soules ouer and aboue the parties owne danger bicause he can not with a good conscience reteine vnto himselfe anie thing against law is assigned to be this that * Gl. ver deceptae c. disdum he being not dispensed with and therefore his benefice though in fact by him reteined yet by law in deed meerelie void ail his exercise of the keies for binding and loosing of the parishioners of his first benefice shall thereby as being done A non iudice become void also and so those shall forsooth dangerouslie remaine in their sinnes which thought they had béene by him in shrift cleerelie absolued Which reason being by the light of Gods gospell discouered to be but vaine that which is built therevpon must needs topple downe to the ground withall For we know that no * c. si quis c. cum aliquis 24. q. 3. sentence of anie mortall man can either bind or loase a mans sins otherwise than the word of God dooth warrant and declare according to which if it be pronounced by whomsoeuer the sentence is good and ratified by God himselfe as he hath promised In which respect also some canons and some of the sounder schoolemen haue taught that the sentence of the priest dooth onelie bind declaratiuelie and not dispositiuelie The Maior proposition of his last syllogisme here doth by no coherence of reason hang togither for both in the church and common-wealth manie occasions may be assigned that doo in some sort indirectlie Hinder other from doing fruitfull seruice in either of them which yet may and ought to be tolerated For what if some notable man by due desert haue atteined diuerse high offices which by reason of the manie old reuerend yeares wherewith God dooth blesse him farre beyond all expectation in which time neuerthelesse manie other excellent men perhaps are bred vp by all likelihood able in verie good sort to serue in those seuerall roomes of the church or common-wealth which he enioieth shall such a man in this regard be stripped foorth of most of his liuings least others should want in the meane time and be hindered from imploiment according to their sufficiencie Or shall we therefore accuse old-age and the blessing of manie yeares as a thing intolerable So that we see it is a Fallacie ab accidente like diuers of the rest which are branded with the same stampe The Minor also of the said syllogisme hath as slender color of truth as the former For as one of the ends as I conceiue of the statute was to haue such as were intended to be of greater gifts to haue larger rewards so was it another end rather to haue two diuerse parishes allotted to one man able to instruct them and they to mainteine him than to haue them serued by two seuerall men not sufficient to instruct either of them So that it may trulie be verified verie few sufficient preachers by this onelie meanes of one mans inioieng two benefices to want maintenance or to be hindered from dooing seruice in the church which may appeare by taking an estimate in euerie countrie of such liuings which be of as sufficient liueliehood as the most seuerall liuings of anie pluralists which are not yet bestowed so well as were to be wished 3. Section Pag. 109 110. IN the text here alledged whence the reason of this Syllogisme is gathered it is said that After a sort he that vsurpeth vnlawfullie two benefices dooth commit theft which word of Quodammodo was necessarilie and warilie added bicause Theft is defined to be Contrectation or handling of another mans goods without the good will of the owner which cannot be applied properlie to a void benefice whose proprietie is indéed and in strict termes of law in no man during that time but as the common lawyers also doo teach vs In nubibus in the clouds and in suspense Which necessarie limitation though our author hath inserted in his syllogisme yet hath he omitted to translate it with the rest of the text Corrupt translation But it is answered in the next section afore both by the text here alledged and by the glosse vpon the other decretall there handled that there is neither danger of soules neither any maner of theft committed but where a man vsurpeth mo benefices than one being not by law thervnto authorised or dispensed with For the * c. dudum 2. §. nosigitur Ext. de electi text it selfe thus distinguisheth If it appeare that after the enioieng of the archdeaconrie hauing cure of soules annexed he reteined the said parochiall churches also at the time of his election neither did shew forth that he was dispensed with by the apostolike See then his election shall by authoritie thereof be frustrated And the like distinaction also is found in the other chapter * c. de multa § finali Ext. de prâ—bendis here quoted in these words But concerning great personages and learned men which are to be honorablie respected with greater benefices as reason shall require the apostolike See may dispense Therefore it is euident that his Minor proposition is in two respects false first where he assumeth that the Pluralist taketh that which belongeth to another and againe in that he affirmeth simplie and absolutelie without the former distinction of law that he committeth theft And likewise it appeareth that he crusheth himselfe against the said rocke of Paralogisme 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whereat he hath so often made shipwracke of reason 4. Section Pag. 110 111. TO his first place heere alledged out of the Distinctions in the Decrees the * Glos in versingulis c. sing u. dist 89. Glosse
trulie dooth answer that it is to be vnderstood to be indéed The generall lawe yet limited and restrained vpon diuerse occasions of Speciall priuilege euen by other parts of the same lawe as shall God willing be made manifest hereafter The other place in this section alledged is shamefullie by him falsified for he hath FalsificatioÌ„ put in more than anie booke that I can find speaketh of in that place all these words wherevpon his thrée syllogismes insuing are grounded to wit Both bicause it is a proper kind of merchandize and filthie gaine and also altogither contrarie to the custome of the church where in trueth that * c. per laico◠〈◊〉 fine 16. q. â—â—biglâ—in â—â—â—r Duas canon saith nothing else but this Let no priest haue two churches Which the glosse for auoiding of contrarietie with other lawes dooth thus interpret that is Not two churches with title except they be poore churches as is to be found c. eam te Ext. de aetat qualit aud c. vnio 10. q. e. Neuerthelesse the truth is that these things may be verified of such men as wholie contrarie to the canons doo vsurpe mo benefices then they are dispensed with by law to receiue And therefore the like words are vsed in another * c. 1. 21. q. 1. in fine canon yet not simplie as our author without any simple meaning or plaine dealing hath alledged but with distinction that it is meant That none shall hold by waie of title two benefices in two seuerall cities or in that citie where the seauenth councell was assembled though in villages abroad by reason * c. priscis 56. dist of scarsitie of such men it be permitted bicause it was then intended that in cities all things necessarie being more plentifull than in the countrie they might by one benefice be sufficientlie mainteined Therefore his thrée seuerall assumpts or Minor propositions wherein he assumeth without proofe that absolutely It is against the good custome of the church a proper kind of merchandize and filthie gaine and vncomelie in anie respect for one man to haue mo benefices are all to be denied as vntrue Yet I must put him in mind that the Maior of his last syllogisme is also vntrue bicause if he vnderstand In the church that is amongest christians as he must néeds doo or else taking it for the publike assemblie about the exercises of our religion he shall speake besides his purpose manie things are lawfull which are not expedient and therefore not comelie 5. Section Pag. 111 112. IF his store to this purpose were either so great or so good as he maketh boast of then was he greatlie ouerseene in his choise to cull out this constitution of the Legat Octobone in steed of all the rest For the words which he hath alledged as is euident to him which will peruse the former part of that * Const Othoboni de institut seu collationibus §. 1. constitution which yet our author of his owne absolute authoritie hath transformed and diuided into two chapters as though the one did not depend vpon the other are spoken against such as Are not able to take charge ouer themselues which doo not reside vpon their cures which are not in any sacred orders requisite to the reteining of such a benefice which doo not onelie vsurpe manie but infinite such benefices which though they would yet by no possibilitie are able to satisfie their charge which violentlie intrude themselues into such benefices which by subtile deuises colourable shifts doo seeke to reteine them lastlie which haue no dispensation therevnto obteined from the apostolike See as the canons in this behalfe doo prescribe Therefore it is no maruell those so manie blemishes or diuerse of them concurring that these blind leaders except they had bene as blind as mowles or béetles did perceiue such great inconueniences therein as that they could not but thus greeuoustie exclaime against them Which before it can be applied to our plurified men as this foolified phrasefiner termeth them he must first prooue that the cases of both are alike 6. Section Pag. 112 113. IT could neuer haue come to passe but that the Abstractor is Gnauiter impudens that he should obiect the same statute for the absolute prohibiting of the reteining of mo benefices which dooth alonelie establish all dispensations for Pluralists sauing for the Chaplens of some few qualified persons by other statutes afterward prouided for that be or can be put in practise in this church of England Wherein yet we may obserue euen in the very words by himselfe alleged though we go no further that the hauing of mo benefices is not so generallie prohibited but that in respect of the pouertie of the first benefice as being vnder eight pounds yearelie value agreeable partlie to the canons in this behalfe a man may without furder qualification or dispensation by that statute exacted reteine also a second of what value soeuer without auoiding himselfe from his first benefice And bicause our author hath here made a gallant shew of certeine generall lawes prohibiting though not simplie the reteining of mo benefices and is now readie prest to improue with all his might that which may be obiected to the contrarie touching such lawes as doo permit by dispensation to some persons and vpon some occasions the inioieng of mo than one it shall not be amisse breeflie to point out such lawes and canons besides those few which hitherto haue béene here and there aforetouched which doo directlie prooue that by dispensation it is lawfull to be possessed of mo benefices than one at once vpon some reasonable occasions It appeareth by a a c. de multa Extra execrabilis de prebendis whole Decretall set downe of purpose concerning pluralitie of benefices that dispensations may be granted for reteining of mo benefices by one man It is likewise in another place b c. ordinarij §. 1. §. caeterum de off ordinarij in 6 decreed that as those which can not shew foorth sufficient dispensation shall be deuested of those benefices Which in that respect they doo vniustlie hold so if they can shew a sufficient dispensation they shall not be molested for them bicause they doo hold them canonicallie Manie examples herof might be alledged here and there dispersed as c c. cum Capell Extr. de priuileg where certeine praebendaries are mentioned to haue claimed an exemption in the parish churches which they inioyed bicause the place whereof they were praebendaries was exempted And d c. relatum 2. § fin Extr. de testam againe where it is decided concerning the distribution of his goods which had diuerse benefices Another example herof may be taken out of Concilium e c. vnum §. pont 2â— q. 1. Agathense where it is decreed that An abbat may haue two monasteries and both of them as in title but by speciall priuilege and not of common right And it is decréed
equanimitie the people of Israell importuned and obteined in sort at Sauls hands the pardon of Ionathas his sonne who had offended the law positiue and might as iustlie haue béene executed as he was lawfullie pardoned And yet was that law grounded of the law of God which vnder the name of parents doo command vs generallie to obeie all our superiours and their lawes not repugning to his euerlasting will The two last places that are quoted one out of the glosse and the other out of the text speake no one word of the restraining of the Popes power in dispensing with the law of nature or of God for the which they are brought Againe it might be answered as afore that the lawe forbidding pluralities dooth not thereby take away dispensations for them for if there were no prohibition there néeded no dispensation also that those vices which are forbidden by the law of nature and of God are no necessarie effects of enioieng a pluralitie that such dispensation taketh more portion of Iustice than of Grace and therefore is not much different from a declaration that the generall law against pluralities in such a mans case dooth or may verie well cease And lastlie that if these were of the lawe of God and of nature yet they might be declared and interpreted how farre they reach and doo bind though indeed the bonds of the lawes of God and nature remaining they may not be by anie but God himselfe released And therefore this reason that such authoritie cannot be yeelded to the Archbishop is manie waies easilie ouerblowne by the grounds of that which hath beene afore deliuered 12. Section Pag. 125 126 127. HE which in all this treatise goeth about to prooue Dispensations for manie benefices vnlawfull as though either there were no lawe to warrant them by canon or statute dooth here tell vs of certeine Defects in the qualitie of the person to be dispensed with which are iust causes in law to frustrate and make void euerie dispensation If he had said euerie such dispensation it had beene more probable whereby will follow if those defects and such like be the onelie causes which make void by law a dispensation then where no such defect nor any other by lawe set downe can be found that the dispensation shall be lawfull and so he hath like the euill seruant condemned himselfe by his owne mouth For Exceptio firmat regulam in casibus non exceptis as hath been alledged in the former treatise And if all this which he speaketh here concerning the qualities of the person to be dispensed with and the causes inducing dispensation were granted can he thereby gather dispensations for mo benefices to be vnlawfull Truelic he must first presume without proofe and against all reason that all or the most of these are neglected in granting dispensations before the other will follow But euen here he standeth vpon an vnsure ground and deliuereth that which is not true For he saith that A man qualified and in all respects capable of a dispensation may not enioy the same without iust cause warranted by lawe Whereas his owne author Rebuff Rebuff de disp ad plura nu 43. dooth teach him that amongst diuerse causes to induce a dispensation the excellencie or prerogatiue and qualities of the person as knowledge and nobilitie of birth are of the first and cheefe causes thereof not that both these must necessarilie concurre and ioine in euerie seuerall person but that either of them by canon especiallie learning may suffice In which respect * In c. de multa Ext. de prebend vlt. notab Panormitane saith Note it well that learned men are matched here with noblemen or gentlemen by birth And so the church ought to honour learned personages not onelie in word but indeed as in prouiding more liberallie to helpe and releeue them by the churches reuenues than for others not so learned And this is the reason hereof bicause learning dooth not onelie profit the owner but also the vniuersall church For the world cannot be gouerned without learned men as it is to be seene Auth. hibita C. ne filius pro patre And another law saith that the vniuersall church requireth greatlie learned men for the better gouerning of it C. cum ex eo de elect in 6. And the said author in another * Panormit in c. innotuit Ext. de elect in 6. notab place plainelie decideth that the prerogatiue and qualities of the person is a sufficient reason wherevpon to ground this dispensation Where the text c. innotuit Ext de elect saith That for the prerogatiue of the person he may be postulated it is to be noted that the onelie excellencie of deserts is sufficient to induce the prince or him that hath authoritie to dispense although the necessitie of the church or euident vtilitie doo not concurre therewith Neither dooth this Canon saie that all those qualities there reckoned must necessarilie concur in euerie dispensation for then should it be requisite also that some about him which dispenseth should haue knowne the partie at schoole or in the vniuersities Neither yet dooth any thing by him brought in this place giue any pretext or resemblance to disanull a dispensation for him in whom these qualities shall not be found as the Abstractor gathereth before any such matter be scattered 13. Section Pag. 127 128 129. THe Abstractor cannot inforce vpon these woordes When reason shall require a dispensation may be granted that therefore not onelie the qualities requisite but some cause besides them must concur bicause it is shewed before that the qualities of the person to be dispensed with is of it selfe a cause sufficient there vnto The next place to this which he quoteth is impertinent to this purpose of dispensation for pluralitie and onelie speaketh of a iust cause of commutation of a vow and so dooth the other chapter which he saith is so Plaine and euident For the decision there is that Forsomuch as the cause wherevpon the vow was vndertaken did cease therefore the vow it selfe being the effect might the more easilie cease and be conuerted into other godlie exercises so far is it from proofe that There must be some speciall cause knowne for the which euerie dispensation is to be granted to the which purpose it is brought And he hauing no better prooued than you haue heard that there must be good and iust cause of a dispensation dooth euen as slenderlie shew what those causes be For the decision of that chapter which to that end he quoteth is not so that Vrgent necessitie and euident vtilitie of the church are causes of granting these dispensations which we speake of but that for those causes the pope did tollerate one to continue Archbishop of Capua which was chosen therevnto though his learning were not exquisite but onelie competent The foure examples of dispensations which he laieth downe grounded vpon causes sufficient by him borrowed out of the canon law cannot by any
certeine times brawne from the old canons be but of law positiue why may it not by the same authoritie be likewise released and dispensed with And in deed the occasion of such prohibition at some solemne times of fasts praiers was grounded vpon the same reason that the Discipline of France forbad the receiuing of the communion by the new married couple that daie Yet he is not thus content to rest in this interpretation but must haue a fling sawcilie to traduce the whole parlement as Falling into two palpable absurdities by want of foresight due examination D that they which were in parlement then had beene powdered but with a little salt of that discretion and forecast wherewith this man thinketh he is thoroughlie seasoned Then no doubt some famous church-plat would haue beene hatched which as yet is but a castle built in the aire by his owne shallow conceit The first Absurditie in this statute he noteth in that it is Left to the Archbishops determination what is repugnant to scripture what conuenient for the honour and safetie of the prince for the wealth and profit of the realme The first whereof if it should be attributed to any one man which for the difficultie of meeting vpon euerie occurrent and other confusion in multitudes cannot indeed conuenientlie be otherwise I doo sée no cause but by common intendment the Archbishop may be holden for as sufficient a man as any one other to decide what is repugnant or not repugnant to Gods word Albeit there is no one word in the act that either yeeldeth the determination hereof or of the other two vnto him but rather as may be collected the contrarie For the two bookes of tares which must conteine the rate of euerie sacultie that is to passe and which vsuallie before had béene granted at the Sée of Rome are by statute to be set downe by the Archbishop the Lord Chancelor the Lord Treasurer and by the two chéefe iustices of both benches for the time being But in vnaccustomed cases the Archbishop can passe no facultie at all vnlesse the prince or councell shall determine it and giue licence vnto him so to grant But if all these Contrarieties and absurdities that hitherto to the Abstractor vainlie as you sée hath bungled about should be granted to be in the statute yet how could the Minor proposition hereby be confirmed which was his purpose to prooue that It is not conuenient for hir Highnesse honor and suertie to leaue any maner of authoritie in the Archbishop to dispense For there might be some parts of the statute and some faculties absurd yea all might be so and yet hir honor and suertie no waie impeached for Vtile per inutile non vitiatur◠that which is to no purpose dooth not hinder that which is to some vse And if he would haue authoritie of dispensing taken from the Archbishop and to be giuen vnto hir Maiestie in respect of vnlawfulnesse of dispensations how shall this be lawfull in hir Highnesse royall person more than in his And the vanitie also of his Other absurditie is discouered which would therefore euerthrow the whole act bicause it is vnsitting he saith For a subiect to grant a dispensation to his souereigne But albcit there neither is nor can be so frequent an vse of such dispensing with the princes owne person as was when the statute was made by reason manie humane lawes brought in by canons of councels were then throughout all this west church suffered to be in force euen with souereigne princes as about vowes marriages within certeine degrees of carnall and spirituall as they termed it consanguinitie or affinitie clandestinitie legitimation of children borne before espousals and such like a number more than now are yet doo I thinke it too generall simplie to be set downe that now there can be no vse of anie dispensations at all for the princes owne person as by examples might be shewed if it were requisite For although the person of the prince néedeth not to be dispensed with for the positiue law of man being made by his direction according to that Dispensation which is a relaxation of law in some particular case the bond and strength of it otherwise remaining in force nor can for the law of God which no man may release in anie particular mans case the bond of it being perpetuall yet notwithstanding I doo not see but by a Dispensation of iustice which is a true and vpright interpretation and declaration that the law of God of nature or of nations according to the true sense and meaning thereof hath not place in some particular action which otherwise might in shéw appeare to be included in the generalitie of them that in this respect it may be expedient euen the princes person sundrie times so to be prouided for And this the rather bicause by law and naturall reason Nemo secum dispensat no man can impart a dispensation vnto himselfe So that the Archbishop in such a weightie case hauing with the best learned in the land maturelie debated the matter with all circumstances and found vpon pregnant and inuincible reasons that it cannot be trulie said to be against anie of the former immutable lawes if then he shall In perpetuam rei memoriam in autentike forme vnder his seale set downe this resolution it cannot iustlie be auowched that the princes honor or prerogatiue is hereby any waie abased but rather the quiet of his mind well prouided for and the doubts which in processe of time might here vpon be cast wiselie and godlie to be met with for the profit and benefit of the realme Neither can such dispensation touching the princes owne naturall person in matter of conscience or of some positiue ecclesiasticall law which reacheth vnto him be any more derogatorie to his honor or royall prerogatiue than * 1. Hen. 7 4. when the iudges of the land did determine that the attainder by parlement of the person of the noble king Henrie the seauenth was vpon his calling to the crowne by the verie operation of the law adnulled and discharged Or when Archbishop Cranmer gaue sentence for the nullitie of marriage contracted betwixt king Henrie the eight and ladie Katharine Dowager his late brothers wife Whereby may also be perceiued that the difference which the Abstractor taketh betwixt the iudgements of the iustices and the dispensations of the Archbishop as not touching the kings owne person like as dispensations doo to be destitute of footing or sound and good ground to stand vpon And although in words he séeme outwardlie thus to tender hir Maiesties honour and prerogatiue yet the place which he alledgeth out of the ciuill lawe looketh a cleane contrarie waie For thereby he would subiect the princes person to his owne positiue laws euen of necessitie bicause in the ciuill law the * Imp. Theodos Valentinian in l. digna vox C. de legib c. emperors say It is a word worthy the
author by him vouched dooth directlie decide that A dispensation tending to the profit of the church or vpon necessitie is lawfull And therefore by his owne witnesse which in law he can not refuse the scope drift of his whole treatise is againe ouerthrowne And where he addeth that he which hath taken a small liuing may not in anie case séeke to augment it if his bare words did make law then surelie ecclesiasticall liuings which be but small would hardlie be furnished Yea the reasons which to this end he bringeth are as trulie verified of anie temporall liuing as of ecclesiasticall But what if both the sufficiencie of the ministers gifts by his owne inbustrie and by the blessing of God doo notablie increase and his congregation also be multiplied more and more in people or if his domesticall charge arise by number of children or by their sickenes may he not seeke some augmentation of his liuing Truelie this deuise ioined with that which followeth of driuing ministers to furnish the wants of their maintenance by Some handie craft and labour is an open window to draw them from studie and so to ignorance barbarisme sauage wildnesse contempt with all men and finallie it leuelleth directlie at the ouerthrow of all religion The first place which to this end he quoteth dooth not speake to that purpose whervnto it seemeth to be brought but * 32. q. 5. c. horrendus that Whatsoeuer hath once pleased a man ought not anie more to displease him Now he that hauing too small a liuing to mainteine him seeketh a further supplie by another dooth it not vpon anie mislike of the former And therefore it might better haue beene applied to infer that a man may not of his owne head relinquish his benefice yea it is not generall without his limitations but is speciallie to be vnderstood where by variance in liking a preiudice to another man may rise Which inconuenience if it be met with by the iudgment of the Ordinarie whom the law authoriseth to iudge of the exigence of the cause fit for relinquishment of his former liuing then that rule dooth cease For else should all translations and shiftings froÌ„ one congregation to another vpon sufficient ground both allowed by law and practise of most reformed churches be vtterlie vnlawfull The next being crosse quoted with the former and * c. sanctoruÌ„ 70. dist which he saith is Law in truth dooth varie in verie deed from the canon it selfe which hath nothing tending that waie either of Preiudice growen vnto him that hath receiued a small benefice or of seeking his liuing by his owne craft but onlie thus In what church soeuer a man is intituled vnto in that let him perpetuallie remaine Not as though a man might not vpon some occasion renounce and resigne his benefice into his Ordinaries hands but that he hath it by institution for terme of his life and therefore may not be put out of it against his will without sufficient cause therevnto as may appeare by the glosse That * 21. q. 1. c. 1. part of the next place which requireth a mans continuing in his owne vocation dooth not touch anie thing now in controuersie séeing he which hath two benefices dooth not giue ouer his vocation As to the other part séeming to counsell a poore clerke to labour with his hands for the better supplie of his maintenance by the example of the apostle it séemeth to me not to be spoken of the priests and ministers in chiefe cities but of clearks in inferior orders and degrees whose attendance in such great churches was then in great numbers practised Yet the * Gl. ibid. in verbo necessitatem in â—ine glosse answereth it that Those things were in vse in those daies but not now wherein God had dealt more liberallie with the church and that those things are to be considered according to the qualitie of the person and site of the church seeing that which is sufficient for one is not for another and the custome of the countrie is herein to be obserued And mine interpretation is strengthened by the conference of two or three chapters togither of that distinction which he alledgeth in which a manifest diuersitie may be obserued Inter presbyterum clericum a priest and an inferior clearke For the * c. Presbyter c. Clericus 1. 2. dist 91. priest or minister hath in those canons his taske for the whole daie so limited forth that it will not be possible for him to haue time besides to earne salt to his potage by his handie worke Yea the verie glosse * Gl. in ver minus c. â—i proponente Ext. de rescript per c. de monachiâ— infra de Prebendis whence he borrowed all this furniture at one clap dooth tell him that this course is changed sithence if it had pleased him to haue looked a little lower But saith the glosse a man is not to be instituted except so much be assigned whereby he may be sufficientlie prouided for and be able to paie the duties to the Bishop And by the way the same glosse sheweth that pouertie is some part of a reason whervpon to ground a dispensation for pluralitie though not an entier cause The example of S. Paule may be answered that it is not appliable to these times Bicause the gifts of the Holie-ghost for the furnishing of the worke of the ministerie are not miraculouslie now bestowed as they were then but by the industrie painefull studie and indeuour of the partie Therefore if we should set him to a manuall occupation to gaine some part of his liuing by on the working daies assuredly his mind would be clogged his spirits so dull wearied his inuention so mechanicall and deuoid of pith on the holie-daies that it were as good to kéepe him at hedging and diching or vpon his shopboord still as to put the poore man any more into the pulpit And hereby it will come to passe that if we haue now too manie vnlearned men in the ministerie with whom the Abstractor is so round in his first treatise by this deuise of his we shall haue in short time none else but verie dolts and idiots except he can imagine that men comming from the Uniuersities will be content to be preferred from being Scholers to be scauengers â—roÌ„ Sophisters to be shoomakers from Bachelers to be bakers from Maisters of art other Graduats to be millers or grinders and yet to continue the ministerie still Much like to the contemptuous surmise of Lucian that Alexander the great is preferred to sit on a thrée-footed stoole behind a doore in hell cobling and clowting of old shooes Naie though S. Paule was content in that infancie of the church for auoiding of grudging murmuring to earne some part of his liuing by tent-making that he might thereby spare the churches more and the rather thereby to allure them to liking of that which was not chargeable vnto them yet in sundrie
places it is not obscurelie signified that both he might haue exacted his entier maintenance of them that they in dutie were bound to procure him in all necessarie worldlie reliefe Furthermore we Inconstancie are to note that he which could find but two causes of dispensations before hath now light vpon two more He alledgeth also to prooue that Pouertie is no sufficient cause of dispensation the saieng of the apostle applied by the law that A man hauing food and raiment ought to be ther with content Wherevnto if he will assume that those who purchase dispensations for mo benefices haue these things afore wherwith therfore they ought to hold themselues content then will it being scripture and not spoken of ecclesiasticall men alone but of all whomsoeuer as well serue to prooue that no man may séeke be the meanes neuer so honest the bettering of that his estate wherein he is at the verie first settled And yet is it not meant of anie food how little or anie apparell how meane soeuer but of a sufficiencie in both according to the calling and degrée of the person and is but set downe to meet with the couetous vnmeasurable and distrustfull desire of riches which when we haue atteined them in highest measure can yeeld none other necessarie vse at all but that which tendeth either to the one or the other Now he going on this course saith that he which knowing the smalnesse of a liuing hath vndertaken it hath therby debarred himselfe of all iust cause to forethinke him séeing it was his owne follie to prouide at the first no better for himselfe Which he prooueth by no other ground but that which hath beene answered before And if none of this will serue yet will he by examples of two men shew that no pluralitie-man wanteth liuing or may pretend anie necessitie but so childishlic ridiculouslie that I am faine euen to blush in his behalfe For when a man hath alreadie a pluralitie of benefices as he surmiseth though they may be such as be farre from a competencie The Abstractor his foolish malicious mirth of liuing then there is no likelihood that he would desire that which he hath or more which can not be had or yet alledge or pretend want when it is as far supplied as law dooth yeeld But if these two whosoeuer with whom he thus plaieth vpon enuie no doubt to the great gifts of God in them and malice to their persons neither iustlie can nor yet will pretend anie want of liuing but will humblie and thankfullie acknowledge in modestie that God hath dealt verie mercifullie with them aboue manie of their bretheren dooth it hereof follow that none other hauing but one benefice can iustlie pretend insufficiencie of maintenance whereby he may be induced by ordinarie meanes to procure an increase thereof O shallow and barren pate or else brasen forehead which dare thrust out into this learned age such doltish yet malicious fooleries But we may sée by his dealing here that there is more lustie spirits in this man than are leapes in a beare 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Now therefore to answer his mild question in the like key may a melancholike mate a shifting corner-creeper who in corporat townes where he commeth is of all spices most afraid of mace whose credit is so cracked that euerie man will be as readie to giue him trust vpon the paring of his nailes or pawning of an old razor as vpon his single bond whose learning in law is not woorth a liard whose reasoning is rude whose modestie is not woorth a mite may I saie such a sonne of the earth with toleration of good men in an infamous libell renew the practise of the old comedie and plaie both foole and vice himself cynicallie to nip such men as is thought he dooth in this plaie in comparison of whom he is in all respects but riffe raffe and as base as a verie dishclout If he be such as I haue described who hath doone them this iniurie then doo I bowle at him would hit him full patch But if there be none such then I doo onlie aske the question and put the case But whosoeuer they be that will speake and write which they ought not let them be assured that in the necessarie defense of the good and learned whom they thus maliciouslie doo traduce they shall heare that which they would not nor yet happilie looke for But their iniustice which he exclaimeth of and will as he saith Descrie and discouer by law he had need for the couering of his owne shame and his corrupt or loose dealing to decrie and call backe againe For the verie * Gl. in verb. tenues c. ean◠te Ext. de etate qual glosse vpon the place which belike made him vnwilling to quote it dooth bewraie his packing and fond collection as though there were no cause of reteining mo benefices but when they are verie small whereas that verie glosse gathereth in a verse other causes also which I haue touched afore Paupertas pendens defectus gratia seruans Ecclesias retinere duas dat quodlibet horum And bicause he saw that this ouerthrew his former deuise whereby he affirmed that a man hauing once made choise of a benefice be it great or small might not séeke anie augmentation therefore as a pope which is fained to haue all lawes and interpretations In scrinio pectoris he taketh vpon him to declare that this lawfull inioieng of two small benefices is to be vnderstood onlie when as the one of them being a competent liuing at his entrance is by some casualtie afterwards impouerished euen cleane contrarie to the circumstance of the place and so by his owne bold surmise he dareth to distinguish against law where the law maketh no such distinction Which like dexteritie also dooth he handle that matter where it may iustlie be said that churches are to the effect afore mentioned small in reuenue For * 10. q. 3. 6. vnio the canon which he hath wrong quoted dooth not once mention smalnesse in reuenue which he would haue vs beléeue that it goeth about to define but onlie a politike direction is there set downe in a councell according to the vse of those times for Bishops to looke vnto in vniting of parishes which were meet to be gouerned by one priest Ecclesia quae vsque ad decem habuit mancipia super se habeat sacerdotem quae verò minùs alijs coniungatur ecclesijs That church which at the least had ten seruants or bondmen let it haue a priest ouer it and that which hath lesse let it be ioined vnto other churches That which this canon setteth downe for an estimat of some sufficiencie of reuenue by the bondment belonging to the propertie of the church the Abstractor ignorantlie and vntrulie dooth transtate Corrupt ignorant translations Housholds and would hereby gather wheresoeuer ten housholds be that there the ministers maintenance
hath preiudiced himselfe therefore let him secke his liuing by his owne craft because whatsoeuer hath once pleased him ought not anie more to displease him And let euerie one walke in that vocation 70. distinct sanstorum 21. q. 1. c. primo glos extra de rescrip c. si proponente ver minus ff 91. distinct quiautem wherevnto hee is called and let him doe according to the example of the Apostle saying These handes haue ministred vnto mee all thinges that were wanting And let him that is forbidden to get his liuing by filthie lucre and vnhonest merchandise haue a stipend of the oblations and offeringes of the Church but in case the Church bee not sufficient let him after the example of the Apostle who liued by the worke of his handes get by his owne industrie or husbandrie those thinges that are necessarie Out of these lawes against dispensations graunted vnto priuate persons in respect of priuate necessitie I conclude thus 1. If priuate necessitie and pouertie were a suffcient cause to inioy a dispensation for many benefices then should priuate necessitie haue beene warranted by Laws heerevnto 2. But priuate necessitie or pouertie is not warranted by Lawe to bee anie sufficient cause for a dispensation 3. Therefore the necessitie or pouertie of a priuate person is not a sufficient cause for a dispensation Pag. 142 THE first proposition is grounded vppon the verie nature and essence of a dispensation for the same beeing as is sayde before of the nature of a Priuiledge cannot otherwise bee graunted then vpon a iust cause ratified by Lawe The second proposition being a generall proposition negatiue of the Lawe cannot better bee manifested then by a speciall repetition of the thinges permitted by Lawe according to this rule Quod in quibusdam permittitur in caeteris prohibetur That which is permitted in some certaine things the same in other thinges is forbidden And therefore the Lawe allowing either vrgent necessitie and euident vtilitie of the Church or some excellent qualities of the minde or discent from some auncient parentage to bee onelie causes of dispensation excludeth all other causes whatsoeuer And as touching necessitie and pouertie of priuate persons the Lawe absolutelie appointeth other meanes to releeue the same then by waie of dispensation Neither can it bee found in the whole bodie of Lawe that pouertie alone is anie sufficient cause to procure a dispensation for manie Benefices For the Lawe accounteth him alwaies to haue a competencie and sufficiencie which hath Victum vestitum meate drinke and apparell which is prooued thus luxta sanctum Apostolum 12. 9. 1. E. Episcopies ver 9. 2. c. Episcopuâ— sic dicentem habentes victum vestitum hijs contenti simus according to the saying of the Apostle hauing foode and apparell let vs content our selues with that And heere wee learne both what hee that hath taken vnto himselfe a charge hauing but a small stipend annected therevnto ought to doe in case it bee not sufficient that is that he ought to labour and trauaile with his owne handes in some honest handie craft and also what by lawe is reputed and taken to bee a competent and sufficient maintenance euen foode and apparell Moreouer if a man willinglie without compulsion enter into a charge knowing before hand the stipend due vnto him for his trauaile to bee small hee may not lawfullie afterwardes complaine but Pag. 143 if is wholie to be imputed to his owne negligence and fâ—llie that he was no more circumspect better to prouide for himselfe at the first If a man knowing a woman to haue lead a loose and dissolute liâ—e take her to his wife hee cannot for her former mis demeanour giue her afterwardes a Bill of Deuorcement Quod semel approbaui iterum reprobare non possum That which once I haue approued and allowed I cannot afterwardes disproue and biâ—allowe Neither in truth for ought that euer I perceiued by the want of anie pluralitie man if he rightly examine his owne conscience can he pretend anie necessitie and want of liuing for himselfe to be anie iust cause of his foule disorder heerein May Caietane Cardinall of Brygit whose annuall reuenues by his Cardinalship amount to the summe of two hundred pounds may the same Cardinall whose annuall reuenues of his Prebend in another Church amount to the summe of two hundred markes May the same Cardinall whose annuall reuenues of his Archdeaconrie in another Church amount to the summe of fortie pounds May the same Cardinall whose annuall reuenues of his owne and his wiues patrimonie amount to the summe of fiftie pounds complaine iustlie that he standeth in neede of sufficient liuing to maintaine himselfe his wife and two or three children and therevpon purchase to himselfe a license to retaine a benefice from the which he receiueth peerelie one hundreth marks May a Cardinall I saie thus furnished with so many Ecclesiasticall dignities affirme safelie with a good conscience that he wanteth and standeth in neede of a conuenient liuing Pag. 144 Nay may not the Lordes people rather crie out against this intollerable ambition rauine and spoile yea maye not the common weale yea doth it not feele to her ruine the iniserable pouertie and penuriâ— of his stipendarie Curate vpon whom he thinketh to haue bestowed a large and bountifull reward for his seruice in the ministerie towards the mainteinance of him his wife and familie when as his farmer shal pay him by the yere ten or twelue pounds at the vtmost Is this tollerable by lawe No no the pretence of pouertie that this man and his fellowe Cardinall hauing Church vpon Church and a personage vpon his prouost shippe doo make to be a cloake for their worldlinesse can neuer shroudâ— it selfe so couertlie but their iniustice by lawe may soone bee difcried and discouered For this clause of lawe Sed ettam habentes plures ecclesias c. But they that haue manie Churches one not depending on the other it is lawfull for thee notvvithstanding anie appeale to the contrarie to constraine them at their choice to leaue one of them vnlesse they shall bee so poore that they cannot conueniem lie haue their proper and peculiar Priests I saie this 〈◊〉 Nisi ita fuerint teaues cannot excuse master Cardinall or â—â—ster Prouost to retaine his Abbey or Frierie and by dispensation a benefice or two besides For that as I said before this Priuiledge hath no place when as a man voluntarilic hath taken vpon him a small charge and so contented himselfe with a small portion at the first but onelie it hath then place and then taketh effect when as Ex post facto by some after deede his Church is imponerished Moreouer those Churches are counted Tennes in substantia Churches small in reuenue which haue not a storke of ten persons families or householdes able to contribute to the mainteinance of a pastor as appeareth by the Canon following HOC NECESSARIVM c. This vve haue thought