they being all fast knit and bound togither vnto the Kings authoritie by a coard of 24 threads might easilie be broken but being severed and pluct a sunder into 24. Bishops can make no lawe without leaue And yet everie Bb doeth make many lawes 24 partes one from the other the King with all his regall power might not beâ— able so much as to breake one of the least threedes wherewithall one of their cordes was twisted If the Lorde Maior the Sheriffes Aldermen and whole communaltie of the Citie of London should promise vnto the King vpoÌ„ their fidelities not to set anie price vpoÌ„ Wines or other victualles by their common Councell within the said Citie vnlesse the King vnder his privie signett should first authorize theÌ„ so to doe were it not a meere collusion of the Kings meaning if everie particular AldermaÌ„ should sett prices of such things in every particular Ward But against the collection made from the Statutes 1. 8. Eliza the iudgement of the diuinies aforesaid the A collection made against the former reason by an Apologie for sundry proced by iurisdi Eccl. pag. 5. author of an Apologie to his vnderstanding reckoneth the same collection to be a very simple collection against the same hee answereth and reasoneth in effect thus If as is collected all power spirituall by a commission vnder the great Seale must be derived from the Queene to warrant the execution of it vnto him that is to exercise it then must the like warrant bee procured for euery temporall office to execute his temporall office But euery temporall officer must not procure like warrant to execute his temporall office Therefore a commission vnder the great Seale must not be procured to warrant the execution of the said spirituall power The consequence of his maior proposition being false he laboureth notwithstanding to make the same good and in effect for the same argueth thus All temporall authoritie as absolutly and as really is revested in the person of the Queene as is the said spirituall authoritie Therfore as all spirituall officers for the execution of the said spirituall power must haue their authoritie derived vnto theÌ„ from the person of the Queen vnder the great Seale so likewise must all temporall officers for the execution of their temporal offices haue the like commission The consequence of which enthimeme followeth not though the antecedent be true For although as well all teÌ„porall as all the said spiritual authoritie improperlie so called was reallie absolutelie in the person of the Queene yet herevpon it followeth not that by one and the selfe same meanes alone and namelie by a coÌ„mission vnder the great Seale all temporall and the said spirituall power in euerie part and braunch thereof should be drawen alike froÌ„ the Queenes person For there be divers and sundrie meanes to derive temporall authoritie whereas there seemeth to be but one onely meanes to derive the said spirituall authoritie and then marke the substance of the Authors argument Some temporall Officers as Stewards of Leetes Constables sundry other Officers must not drawe their temporall authoritie from the Queene by a commission vnder the great Seale Therefore no spirituall officers as Archbishops Bb Archdeacons and sâ—de vacante Deanes and Chapiters must drawe any of their spirituall authoritie from the Queene by a commission c. Which argument drawen from a particular affirmatiue vnto a general negatiue what weaknes it hath euery yong Logician can discerne And as for Stewardes af Leetes though they haue no Though all temporal officers drawe not their power from the Kinge by the great Seale yet by one meanes or other wtdrawe it froÌ„ the King commission vnder the great Seale yet for the executioÌ„ fo their Stewarships they haue a coÌ„mission vnder the Seale of the Exchequer Constables Decennary or Tythingmen and Thirdboroughes haue their authorities derived vnto the from the Kings person by the verie originall institution of their offices Sherifs of Countries Coroners Escheators and Verderors haue their offices and their â—uthorities warranted vnto them by the Kings writts out of the Chancerie But 〈◊〉 was not the mind of the Law-makers saith the Author that the Ordinaries by a commission vnder the great Seale should draw their saide spirituall power from the Queene What the mindes of the Law-makers were touching this poinct it mattereth litle or nothing at all Neither is it to purpose whether a commission vnder the great Seale bee necessarily required or not required by vertue of that statut 1. Eliz. c. 1. to warrant the said spirituall power vnto Ordinaries Only it sufficeth that the Queen having all power improperly called spirituall invested in her Royall person being really actually seysed of all the said supreme spirituall authoritie could not haue any parte of the same spirituall power drawn from her but by some one lawfull and ordinarie meanes or other For if this rule be true in euerie coÌ„mon person quod meum est sine mea voluntate à me auferri non potest how much more doth the same rule holde in the Royall prerogatiues rightes privileges dignities and supremities of a King Wherefore to saie that all supreme and ordinarie power improperly called spirituall was really and actually inherers in the Royall person of the Queene and to say also that some of the same inferior and ordinarie power not derived froÌ„ the Queen was neuerthelesse in the persons of inferior ordinaries is as much to say that some braunches of a tree may receyue nourishment from ells-where then from the roote that some meÌ„bers of the bodie are not guided by the head and that some streames flow nor from their fountaines And now to coÌ„clude this part against the canon law their Offices and functions thereof I dispute thus The forreigne and papall canon lawe with all the accessories dependances Offices and functions thereof is vtterlie abolited out of the Realme Therefore the same lawe is no part of the lawes of the Realme and therefore also it is evident that there will not followe any alteration of the lawes of the Realme by the taking of it away Which canon law also with other lawes functions how easely the same without any inconveniences may bee supplied shall God willing be presentlie made apparant if first we shall aunswere to that challenge which the state of Prelacie may seeme to make for the continuance of their Lordly primacie Chalenge for Lordly primacy out of the great Charter anâ—vered out of the wordes of the great Charter Concerning which challenge namelie that by the great Charter Lordly Archiepiscopal and Episcopall primacie or iurisdiction belonging to the state of Prelacie is belonging vnto them I demand vnto what Church this great Charter was graunted And whether it were not graunted vnto the Church of God in England The words of the Charter are these Concessimus Deo hac presenti Charta nostra confirmavimus pro nobis Mag. Charta c. 1.
nominate and elect their new Mayor Sherifes and Baylifes But that the Aldermen principall Townsmen Boroughmaisters and men having borne chief offices in those Cities Townes Boroughes haue easilie bene wrought by ambitious persons to giue their consents vnto vnworthie men though it haue pleased the Ll. Bb. with seene and allowed to haue spred and published this saying yet that the same saying is wholy vnworthie of anie credite to be giuen vnto it or to bee regarded of any wise and indifferent man let the sober peaceable elections made of the worthies of the lande hereafter mencioned be witnesses And to leaue to speake of the election of the Lord The officers in Cities Townes corporate chosen without contentioÌ„ ambitious working of vnworthy men Mayor of the Citie of London Sherifes Aldermen Wardens of companies ChaÌ„berlaynes Bridge-maisters and other annuall officers of honor and dignitie let vs consider whether the Citizens of London haue bene wrought by ambitious persons to choose Maister Wilbraham Maister Onslie Mr Bromly to bee their Recorders all three afterwarde the Queenes sollicitors and Maister Bromly Lord Chancelour of Englande and let vs consider whether the same Citizens as men of affection and want of â—ight iudgement did elect to be Recorders of the same Citie Mai. Serieant Fleetwood Maister Serieant Fleming Maister Serieant Drue and now Maister Crooke a maÌ„ wise learned and religious a CouÌ„seler and Iusticer within the Principalitie of Wales The Recorder of the Towne of Bedford is the right honorable the lord St Iohns of Bletsoe The Recorder of Bristoll was a long time Maister Poppam now Lord chief Iustice of England The Recorder of Northampton before he came to be Iudge in the Kings bench was Maister Serieant Yelverton a favourer of the trueth an vpright Iusticer The Recorder of Warwicke was Maister Serieant Puckering afterward Lord Keeper of the great seale And of the same Towne the Recorder now is a worthie Knight descended from a noble house Sir Foulke Grevile The Recorder of CoveÌ„trie is Sir Iohn Harrington Knight a man zealous for the true feare of God The Recorder of Chichester was Mai. Serieant Lewkner now chief Iustice in the principalitie of Wales The Recorder of Norwich was Maister Cooke the Kings Atturney generall And who soeuer shall enquire after the names after the maner of election of all the Recorders in all other Cities Boroughes of the land I doubt not but he shall find them all to haue bene farre froÌ„ any least shew of ambitious working the Citiezens and Townsmen to nominate and elect theÌ„ Moreover as these Noble persons these sage graue learned and christian Gentlemen quietlie and in all peaceable manner with vpright and good affectioÌ„ and iudgement without ambitioÌ„ haue bene chosen by the Citizens Townsmen Borough-masters to the offices of Recordershippes So likewise manie sundrie honorable CouÌ„selors Honorable Counselors chosen high stewardes without ambitious working haue bene and as occasion is ministred are daily elected by Citizens Townsmen to be their high Stewards Sir FraÌ„cis Knolles an honorable Counsailour one whose faith was famous among the churches as well abroad as at home by the electioÌ„ of the Citizens of Oxford remayned vntill he died high Stewarde of the Citie of Oxford The right honorable Sir Francis Walsingam by the coÌ„mon Counsayle of Ipswich was made high Steward of the same Towne after whose decease the same coÌ„mon couÌ„sell by their electioÌ„ surrogated into the same place the right honorable the L. Hunsdon late L. Chamberlaine the right honorable Sir Christopher HattoÌ„ L. Chancelour of Englande by the Townsmen of CaÌ„bridg was chosen to be high steward for the town of CaÌ„bridge The right honorable the old Earle of Arundell after him the right honorable Earle of Lincolne and after his death the right honorable the Lord High Admirall of England now Earle of Notingham by the Borough-maisters of the Towne of Gildforde was elected to be high steward of the Towne of Gildeford Of all which honorable persons and of all other their Peeres chosen in other places of the Kingdome by the same meanes to the like offices there is great reason iust cause for the reverend Bb. to cary a more reverend estimation towards theÌ„ then to burthen them as ambitious persons to haue sought their places at the hands of men affected wanting right iudgment As for any other offices of credite dignitie charge and gouerment in the common weale now remayning in the choyse of the commons it may easilie be proved that the common people in sundrie places haue bent and opposed theÌ„ selues against ambitious persons who by sinister indirect meanes haue hunted for preferrement at their handes And what if it can not be gayne-said but that some publicke officers chosen by publicke applause of the people haue corruptly behaued themselues in their charges and haue not so equally and indifferently distributed iustice to all degrees as it became them yet this their misdemeanor can no more iustly be laid as a fault nor any more disgrace or discountenance the ancient and commendable forme and manner of election then the hipocrisie or counterfeyt zeale of an euill man ordeyned by the Bishop to be a Minister can be imputed vnto his letters of orders or manner of ordination Besides if none bee able to proue that the choyse of the Knights Knights of the Shires other officers chosen by the people without trouble to the state of our Shires Coroners of the Counties Verderers of the Kings forrests resting in the free voices and consents of the freeholders that the nomination of the high Constables being in the disposition of the Iustices of peace at their quarter sessions that the choyse of our peti-Conestables third Boroughes Tything men Church wardens Wardens for the high wayes overseers for the poore side men such like remayning altogether in the free election of the sutors to courts leets and law dayes and of the inhabitants Parishioners of every Village Hamlet or Tything haue bene troublesome to the Lievetenants of the Shires to the Stewards of our Courts to the Lords of our liberties nor to the Ordinaries of the Diocesses If I say there be not any one man able to bring foorth some few persons for many yeres passed by whom the Officers and Magistrates of the Queenes peace haue bene sued vnto and importuned for the pacification of any strife contention or debate of any busy head or ambitious person raysed among the people about the choise of any one of these Officers then I say it is meete and it importeth the Lords Bishops very deepely that for ever hereafter they bee silent and never any more vtter so vile a slander against so Noble a people as are the people of England viz. that vpon affection and want of right iudgment they will easily be led by ambitious persons to preferre vnworthy persons vnto all Offices of gayne or dignitie Or that
them as by any of the reverende Bishops or venerable Archdeacons their Chancelors or Officials If there be ame exception alleaged by the defendant as of composition prescription or privilege the Kinges Iustices are as able to iudge of the validitie of these as they are now able to determine customes de modo decimandi or of the vse of high wayes of making and repayring of bridges of commons of pasture pawnage estovers or such like Trueth it is that of legacies and bequestes of Legacies how they may be recouered at the coÌ„mon lawe goods the reverend Bishops by sufferance of our Kinges and consent of our people haue accustomablie vsed to take cognyzance and to hold plea in their spirituall Courts Notwithstanding if the legacie be of landes where landes be divisible by Testament the iudgement thereof hath ben alwayes vsed and holden by the Kings writ and never in any ecclesiasticall Court Wherfore if it shall please the King to enlardge the authoritie of his Courtes temporall by commandinge matters of legacies and bequestes of goods aswell as of landes to be heard and determined in the same it were not much to be feared but that the Kings Iustices the Kings learned Counsell and others learned in the law of the Realme without any alteration of the same law would spedelie find meanes to applie the grounds thereof aswell to all cases of legacies and bequests of goods as of landes For if there bee no goods divisible by will but the same are grauÌ„table and confirmable by deede of gift could not the Kings Iustices aswel iudge of the gift of the thing given by will as of the graunt of the thing graunted by deede of gift or can they not determine of a legacie of goods aswell as of a bequest of landes If it should come in debate before them whether the Testator at the time of making his will were of good perfect memorie vpon profes and other circumstances to bee opened and made of the Testators memorie by livelie testimonies either the Admonitor must condemne the Kinges learned and discreete Iustices to be 〈◊〉 mentis insanae memoriae or els it must be confessed that they be as well able to iudge of the distraction of wits and vnsoundnes of memorie in a person deceased as they be to determine the question of Lunacie madnesse or idiocie in a man living If anie question should arise vpon the revocation of a former will of the ademptioÌ„ of a legacie or of a legacie giuen vpon coÌ„dition or in diem it would be 〈◊〉 matter for the learned Iudges vpon sight of the Will and proofes to be made to define which is the first and which is the last will whether the legacie remayne or whether it be revoked whether it be legatum per rerum or 〈◊〉 whether condicionall or without condition And if it bee condicional whether the same be possible or impossible honest or dishonest and if it be 〈◊〉 whether the day bee past or to come But there lyeth no action at the commoÌ„ lawe for a legatorie against the executor to recover his legacie I graunt But a creditor to recover his dâ—â—t due by the testator vpon specialtie may bringe an action at the common law against the executor And then what is the cause that a creditor may recover his debt that a legatorie can not recover his legacie in the Kinges Court but onlie for that remedie could not be giuen vnto legatories complaynantes by any writt out of the Chancerie And therefore that such plaintifes might not be deferred of their right 21. Ed. 1. statute vpon the writt of consultation remedie in such cases to their great damage it hath pleased the Kinges by sufferance to tolerate the Church officers to determine these cases Wherefore if it might please the King to cause Writtes to bee made out of his Court of Chancerie for the recoverie of Legacies it were cleere by the common law of the Realme as from the statute may be gathered that the cognizance of these cases did not appertayne anie more to the spirituall Court. For then might the legatorie by that Writt bring an actioÌ„ against the executor to obteine his Legacie But how should that action be tryed How even as other actions of debt detinue or trover be tried namelie as the case should require either by the countrey or by the Iudges vpon a moratur in lege As Testamentes with their adherences so likewise matters of Spousalles Matters of mariages more meete to bee decided by the Kings then by the Bb. officers Mariages divorces c. togither their accessories by common right of the Imperiall Crowne did in auncient times properlie apperteyne to the examinations and sentences of the Emperours them selues to their Provostes Deputies and Presidentes of Cities and Provinces as by the several titles de Testamentis Legatis Fidei commissis Nuptijs repudijs divortio dote c. in the books of the civil law appeareth By the Law of England also the King hath the mariadge of an heyre being within age in his warde Widowes also that hold of the King in chiefe must not marie them selues without the Kings licence And by an Act made 4. and 5. Phil. and Mary there is a streight punishment provided against all such as shall take away Maydens that be inheritors being within the age of sixteene yeres or marie them without consent of their Parentes And what reason letteth them that the King might not as well haue the care and cognoyzance of all the coÌ„tractes of mariage especially of the mariage of all children and Widowes in his temporall Courtes as he hath of some parties to bee contracted of the Dower of the ioynture of the dis aragment of the age of the 〈…〉 way of the deflouring and of manage without parentes consent in some cases or what a verie great alteration of the common Law could ensue in case the Kings temporall Iustices did examine and determine whether the contract were a pefect and simple or condicionall contract yea or no For if vpon the statute made by Phi. and Mary that Maydens and Women children of Noble men GentlemeÌ„ c. being heyres apparant c. and being left within age of xvj yeares should not marie against the will or vnknowing of or to the Father or against c. If I say vpon the publishing of this Act there hath no alteration of the common law hitherto followed it is but a meere superstitious errour to feigne that a change of the coÌ„mon law must followe if so be this statute were extended to all children both Sonnes and Daughters of what parentage sexe estate or age so euer For if the King in his temporall Courts had the definitioÌ„ of all aswell as of some contractes made by children without consent of parents then should a multitude of lewde and vngodlie contractes made by flatterie trifling gifts faire and goodly promises of many vnthriftie and light personages
Rectors of the churches appropried and haue cura◠animaru◠in the same parishes then wee must instantlie againe pray the King that those Prebendaries by some wholesome lawe may be constreyned to reside and to incumbe vpon their saide prebendes and parochiall churches and that by continuall preaching of wholsome doctrine they may endevoure to cure the soules of the people over whō by the order of those great churches they be set over whom they haue taken charge And withall that they may no more be suffered to lye and to liue idlelie in their Cloysters in their caves and in their dennes sometimes at Worcester sometimes at Hereforde sometimes at Gloucester sometimes at Salisburie sometimes at Westminster sometimes at Soutwell sometimes at Windsore sometimes at Paules sometimes at Oxforde and sometimes at Cambridge When in the meane while both seldome and very slenderlie they feede other sheepe whose fleeces they take in and about London Winchester Tewkesburie Reading and other places of the Countrey Besides we pray that these prebendes after the determinatiō of leases now in being may never any more be let to farm so that the frutes thereof may serve for those Prebendaries or other succeeding Ministers to make Hospitalities Almes and other workes of charitie If it be alleadged that the King now hauing first frutes Tenthes and Subsidies out of the impropriatiōs of those great churches as being all comprised vnder a grosse summe of the Tenthes payable for the whole revenues of the same churches should loose the first frutes Tentes and subsidies of the same impropriations if hereafter they become either donative or presentative to this the aunswere is readilie made viz. that Tenthes first frutes and Subsidies might as well bee paide then as now And that the Kinge might then aswell haue right to the donation of the benefice disappropried as the Bishop now hath the gift of the prebend appropried In the next ranck cometh commutation to be spoken of Wherein because the impropriations of Parochiall churches apperteyning now to the King Nobles Commons Colledges Scholes Bodies politicke c. were at the firste appropried one lie by the discretion of the Diocesans Predecessors to the reverend Bishoppes that now are vnto Abbottes Prioures Nunnes Friars c. and because the Successours of those Diocesans be bound in the same band of iniquitie with their predecessors vnles by all good meanes they labor that things may be brought to their first and pristinate state it seemeth equall iust that this commutation should likewise proceede and be drawen frō the Diocesans and great Churches before specified The reasons whereof may bee such as follow The Landes and possessions given by the Kings progenitors the Earles Barons other great men of the Realme to Bishoprickes were not giuen as Maister Bilson affirmeth to vnburden the people of the support and chardges of Perpetu. power Pag. 367. their Bb. but they were given as the law of our lande teacheth vs first to enforme the people in the lawe of God in those churches Secondlie to keepe Hospitalities almes other workes of charitie And thirdlie for the soules of the founders their heyres and of all christian Now then if some of these condicions be such as for the impietie thereof ought not to be performed and if other some also being good and godly be not performed and so the thinges are to returne to their first nature as in the same statute is alleaged then is it reason that the Kinge and Nobles who are the iust inheritors and successours to those who were firsT Donoures and Founders of those Churches should haue as free a disposition and donation of those lands and possessions now as his and their progenitors and auncestours ever had And seeing it is manifest that the lands possessions of Archbishops Bishops Deanes and Chapters doe not for the most part nowe a dayes serue for those good vses for the which they were first granted namelie to enforme the people in the law of God to keepe Hospitalities Almes and other workes of charitie but partlie for the vse of chaunting and singing in the Quyers partlie to vayne idle superfluous and pompous vses the King can not do a better and more charitable deede then to convert parcell of the same landes and possessions thus by defect of the condicions not performed returning to their first nature to and for the necessarie perpetuall provision of learned able preaching Ministers to bee planted in Parochiall churches nowe destitute of sufficient Pastoures for want of sufficient maintenance naye sit hence Archbishoprickes Bishoprickes other Prelacies by the verie expresse letter of the statute are said to be founded to supersticious vses viz. for the soules of the founders their heyres and of all christian the same reason whiche led Kinge Henrie the eight his Nobles and Parleamentes to dissolve Abbayes and Monasteries the same reason also which moved King Edward the sixt with his Nobles Parleament to dissolve Colledges free Chappels and Chauntries the same reason may be a sufficient reason to perswade our Soveraigne Lord King IAMES that now is with his Nobles and Parleament to dissolve Archbishoprickes Bishoprikes Deanries c First to the end these Prelacies and Dignities may never in anie succeding ages serve to anie such superstitious vses as wherevnto they were at the first erected Secondlie that the King having them al in his owne hands and free disposition may be the onlie Foundor and Donour of so many new Bishoprickes as might please him to erect endowe with such liberall and covenable endowmentes as might serve for learned Evangelicall Bishoppes to enforme the people in the holy Evangill of Christ to keepe hospitalities almes and to doe other workes of charitie rather then to be expended as now for a great parte they are vpon the keeping of great horses coroches and troupes of serving idlers The commutation then whereof we speake and which wee most humblie commend to the consideration of the King is viz That parcell of the temporall Landes possessions of Archbb and Bishoppes togither with all the landes and possessions serving to the mainrenance of idle Ministers and idle Songsters in Cathedrall and Collegiat churches the Collegiat churches of Eaton and Winchester and the Cathedrall and Collegiat churches in Oxford Cambridge excepted by an equal and reasonable proportion may bee made with such impropriations as belong to the King the Nobles Commons Colledges Hospitals Scholes c. Provided as before hath bin said that there may be a liberall and couvenable endowment for the learned Bishops or Pastors to be continued and placed in all the chief and principall townes cities of the Realm And that the impropriations of Parochiall churches may for ever be livings for the Ministers of the same churches And therefore in the iust defence of the innocencie of all such as require a godlie and religious reformation wee say that they ought not to haue ben traduced before the Kinge
as robbers and ransackers of the church And that some of the plotters for the Prelacie more honestlie might haue imployed both their Latine and their labour then latelie they did When by drawing letters as they pretended congratulatorie to the King onlie in the name of preaching Ministers they procured notwithstanding ignorant vnpreaching Ministers to ioyne in the action and to affix their handes and names That such letters haue bene made and signed is sufficientlie to bee proved but whether they haue ben presented to the Kinges handes is not yet knowne Onely if they shall hereafter come then may they be known by these wordes Nos Concionatores c. ab omni domestica capacitate eorum qui pretextu religionis ecclesiae insidiantur My Lord the King is wise according to the wisedome 2 Sā 14. 24 of an Angell of God to vnderstand all things whereof he is informed The third meanes to reduce impropriations vnto the possession of the Ministerie Publick redemption of impropriations is by way of publicke redemption or purchase For the accomplishment whereof it is necessarie that not onelie a common treasure be provided but also that the price of impropriations by a publicke consent be valued at a reasonable rate to make which rate will bee a matter of small weight whether they be valued to be bought and sould at their old and auncient or at their new improved rentes To provide a common treasure though to some it may seeme a matter intricate and troublesome yet seeing the same possiblie and convenienlie may be done there is no cause that men should feint before they fight or be at an end before they beginne It is written that the cause when Kinge Solomon 1 K. 9. 15. raised the tribute to wit was to build the house of the Lorde his owne house and Millo and the wall of Ierusalem After that wicked Athaliah and 2. Cron. 24 her children had broken vp the hous◠of God had bestowed all the things that were dedicate for the house of the Lorde vpon Baalim King Ioash commanded the Priestes and Levites to goe vnto the Cities of Iudah and to gather of al Israell money to repayre the house of God from yeare to yeare and they made a chest and made Proclamation to bring the tax of Moses the Princes reioyced and brought in and cast into the chest And when there was much silver they emptied the chest and caryed it to his place againe and thus day by day they gathered silver in abundance If thē towards the building of an earthlie house the Princes people of Iudah and Israell willinglie with ioy of their heartes from yeare to yeare and from day to day threwe silver in abundance into the chest how much more were it praise worthy if Christian people did encourage them selves to pay a small tribute towards the provision of a competent maintenance for their spirituall Pastours by whose labours as livelie stones they might be buylded vp into a spirituall temple in the Lord That manie and great taxes and tributes of late yeares haue bene made for many vses and to many purposes there is no man ignorant thereof And therfore though there bee litle reason that the people standing alreadie burdened with great charge should be again recharged especiallie when without any extraordinarie burden there is an ordinarie meanes if the same were accordingly bestowed by the people yeelded to relieve the Ministers in all places with a decent and comelie portion yet notwithstanding to be eased from those publicke payments and annuall greevances imposed by the ecclesiasticall Courtes vpon the people it is not to be doubted but the Parishioners in al places would willinglie pay any reasonable taxe or tribute to be demanded of them for this purpose An other meanes to rayse this publike treasure may be a dissolution of all free The dissolution of Chappels may bee a good meane to rayse a tribute Chapples and Chapples of ease in the Countrey together with an vnion of two or moe churches into one especiallie in Cities and great Townes For as in these Cities and Townes the poorest meanest livings be provided so generallie for the most part are they fitted with the poorest and meanest Curates as by most lamētable experience is to be seene in all the Episcopall cities of the Realm excepting London Nay the chiefe and Metropolitane citie of Canterburie is not to bee excepted For in that Citie there being about 12. or 13. Parish churches there hath not bene ordinarilie of late yeares aboue 3. or 4. able Preachers placed in the same Churches The Chapples to be dissolved and the Churches to be consolidated by two and two into one one can be no fewer in number then one thousand at the least All which if they might be solde the money to bee raysed vpon their sale could be no lesse then twentie thousand poundes if they were soulde onlie for twentie pounds a peece But if they be well worth double or treble so much then would the treasure also bee doubled or trebled This dissolution of Chapples and vnion of Churches is no new devise nor strange innovation But hath ben heretofore thought vpon and in some parte confirmed alreadie by our Kinges in their Parleaments Touching the dissolution of Chapples the most Dissolution of Chappels noe newe devise reverēd Father Thomas Crammer Archbishop of Camterburie with the residue of the Kings Commissioners appointed for the reformation of Ecclesiasticall lawes alloweth of the same And for the vnion of Churches there was an acte made 27. H. 8. so they exceeded not the value of six pounds And by a statute Titu de eccles gard fol. 54. r. Ed. 6. it was lawfull for the Mayor Recorder of the Citie of Yorke and the Ordinarie or his Deputie six Iustices Lawfull for the Maior of Yorke c. to vnite Churches in the Citie of Yorke of the peace in the same Citie to vnite and knit together so many of the poore Parishes of the same Citie and suburbes of the same as to thē should be thought convenient to be a living for one honest incumbent And it was lawfull for the said Mayor Recorder and Aldermen to pull downe the Churches which they should think superflous in the said citie and suburbes of the same and to bestow the same towardes the reparation and enlargement of other Churches of the Bridges in the Citie and to the reliefe of the poore people The considerations which moved the King and Parleament What reasons moved K. Ed 6. to vnite churches in York may moue King Iames to vnite Churches in Canterburie c. to ordeyne this act were these viz. The former incompetēcie of honest livings the former necessitie of taking verie vnlearned and ignorant Curates not able to do any part of their duties the former replenishing of the Citie with blinde guides and Pastors the former keeping of the people aswell in ignorance of their
be continued but to continue evill And what a thing were that This argument then for lawes setled being the sophisme of that Fox Steven Gardener is but a quarelsome and wrangling argument Admonition If this goverment whereof they Pag. 7◠speake be as they say necessarie in all places then must they haue of necessitie in everie particular parish one Pastor a companie of Seniors and a Deacon or two at the least al those to be found of the parish because they must leaue their occupations to attende vpon the matters of the Church But there are a number of Parishes in England not able to finde one tollerable Minister much lesse to find such a companie Assertion This argument seemeth to be drawne from kitchin profite and is but a bugbegger to scarr covetous men from submitting their neckes vnto the yoke of that holy Discipline which our Savior Christ hath prescribed and which the Admonitor himselfe confesseth to haue bene practised by the Apostles and primitive Church And yet because this argument seemeth to lay a very heavie burden on mens shoulders such as is impossible to be borne it is an argumēt That Seniours Deacons should be found at the charge of the Parish is absurd worthy to bee examined though in it selfe the same be very vntrue absurd For who did ever fancie that a Pastour a company of Seniours and a Deacon or two at the least should be men of occupations or that they should be all found of the parish because they must leaue their occupations to attend vpon the matters of the Church Why there be many hūdreths of parishes in England wherein there dwelleth not one man of an occupation And what reason then or likelihood of reason was there to father such an absurd necessitie vpon the Church As for the necessitie of having one Pastour in every particular parish and of his finding by the parish because it is his duety to attend vpon reading exhortation doctrine although he be no man of occupation this I say is agreable consonant to the goverment of the church practised by the Bishops And therefore in the finding having of one Pastour in every parish they and we differ not But that men of occupations onelie should bee chosen Seniours and Deacons in every parish or if Seniours and Deacons were men of occupations in any parish that they should bee all found of the parish wee vtterly disclayme as an absurditie of absurdities And yet wee deny not but in Cities and great Townes wherin for the most part men of trade do inhabite that Seniours Deacons must of necessitie be men of occupations Vnlesse then an occupation must of necessitie hinder men from being faithfull religious godly men there is no reason to inforce that mē of occupations in Cities and great townes should not be chosen Seniors and Deacons And as for Countrey parishes What kinde of mē ought to be chosen Seniours Deacons wherein either verie fewe or no men of occupations doe reside this obiection is altogether idle In which parishes also we affirme that men of greatest gravitie integritie wisedome faith and godlines ought to be chosen Seniours and Deacons And we doubt not but all such men as whom we intend ought to bee chosen Seniours and Deacons whether dwelling in Cities Townes or in the Coūtrey would be as readie as willing and as watchfull prudentlie to imploy them selues hereafter in matters of the Church as now either them selues or their equalles are busied in matters of their corporations or common weale without anie maner of contribution to be yeelded towards their finding When the people of Israell were commanded to pay their tythes first fruites and other oblations vnto the Priestes Levites for their attendance and service in the Sāctuarie we doe not reade in the whole booke of God that they were inioyned to be helpers and cōtributors to the reliefe and sustentation of the Captaynes over thousands of the Captaines over hundreds nor of the Elders Governours placed Citie by Citie for the affaires of the King And therefore sithence we haue neither precept nor president that all the officers of the church should bee founde at the costes of the Church and sithence also as well in Coūtrey parishes as in Cities townes to the prayse and glorie of God be it spoken we haue many able wealthie substantiall persons who haue giuen their names vnto Christ what necessitie is there that any such Seniours and Deacons should be elected as haue need to be relieved and supported by a common purse And had the Admonitor wel and advisedlie pōdered that our Church Church wardens side men are not found at the chardges of the parishes Wardens side men who carie a semblance of governing Seniours that our collectors also for the poore who iustle out the Deacons being all of them men of occupations poore husbandmen or day labourers and being not founde of the parish are notwithstandinge oftentimes in the yere troubled and turmoyled from one end of the Diocesse vnto the other and that which is more from attendance vpon their day labour husbandrie and occupations to weight and to attend not vpō matters of the church but vpon money matters perteyning to the officers of the Bb. Consistorie Had he I say wiselie and sincerelie considered these things he would certeinlie not once haue mencioned this so sillie and simple a suggestion But quite cleane to cutt of at one blow all the skirtes of the coat of this sillie bulbegger that the verie buttockes of it may bee bare and that the church may see there is no such burdensome charge to bee layde vpon her as is feyned the graue and godlie iudgement and policie of King Edward The iudgemēt of King Ed. the sixt cōmissioners touching Elders and Deacons the sixt his Commissioners authorized to compile a booke for the reformatiō of lawes ecclesiasticall according to an Act of Parleament in that behalfe provided shall rise vp for vs and pleade the trueth and equitie of this our sayinges The Commissioners names were these viz. The most reverend Father Thomas Crammer Archbishoppe of Canterburie Thomas Bishoppe of Ely Richard Cox the Kings Almoner Peter Martyr professor of Divinitie William May Rowland Taylor Doctors of the Lawe Sir Iohn Cheeke Iohn Lucas Richard Goddericke Maister Hadon and others All Titul de diuiois officijs cap. 10. fol. 45. which reverend learned and religious men as with one voyce accord speak one thing so thus and thus they speake Evening prayer being finished wherevnto all shal be attēdant after sermon in their owne Churches the chief minister whom they call Parochies and the Deacon if happely they shal be present or they being absent let the Ministers Vicars and Elders lo the Archb. of of Cāterburie afterwards a godlie Martyr and Bishoppes can skill of the name of Deacon and Elders with the people conferr about the money put apart to
together with their functions are arbitrable ceremonious rituall traditionall or circumstanciall yea and removeable at the pleasure of the King and State Neither doth this disagree from that A Bishopp Pastor and Elder and our Lorde B. diffu which was erst sayd of a Bb. or Pastor that they be all one in respect of their function For it is not sayd that an humane Bishop and Pastor but that a Bb. and Pastor are all one For a Bb. simplie so called is not a Bishopp and Pastor in respect of his fellowe brethren but only in regard of his flocke which he ouerseeth feedeth and ruleth But a humane what a lord Bishopp is Bishopp is hee that is promoted vnto this dignitie by man and who by mans authoritie taketh vpon him superoritie preheminence ouer them which are equall vnto him touching their function that intangleth himselfe with civill gouernment and wordlie affaires and whose Bishopplie office consisteth not so much in the dispensation of Gods worde and Sacraments as in Lordlie Bishoplie apparell Crossing with the signe of the crosse confirmation of children sole imposition of hands sole excommunication sole enioyning of articles vpō the people and Clergie of his Diocesse consecration of oratories delegation of his episcopall authoritie to his Suffragane Vicar generall and principall officiall and other such humane and Bishopplie functions All which are after the customes preceptes and traditions of men And albeit D. O. by vertue of the Queenes congedelier were chosen by the Deane and Chapter of Lichfield in episcopum Pastorem ecclesiae Lichfieldensis yet is hee never intituled The Lorde Bishoppe of Lichfield is neuer honored with the title of being Lorde Pastor with the dignitie of being the Lord Pastor but onely with the honor of being the Lord Bishop of Lichfield so that one and the self same person being a Bishop and a Pastor may be a Lord Bishop over Pastours but not a Pastor over Pastors Wherevpon it followeth that the Pastorall Pastoral authoritie of a Lord Bb of other Pastours is equall authoritie which hee hath in common with his brethren the other Pastors of his Diocesse is of no superioritie or proheminence aboue theirs and that touching the function both of his and their Pastorall cure charge there is a paritie betwene him and them by reason whereof he can haue no power over them because par in parem non habet imperium But why is it that he can not be called Pastor Pastorum ecclesiae Lichfieldensis Lord Pastor of the Pastors of the Church of Lichfield and yet may be called Dominus Episcopus Pastorum ecclesiae Lichfieldensis Lord Bishoppe of the Pastors of the Church of Lichfield Why but only for that there is custome tradition and the lawe of man for his episcopall iurisdiction and for that his pastorall function if hee haue any belongeth vnto him in common with his brethren the other Pastors iure divino The Bishoppe then having these two severall Whether a lord Bishop minister the doctrine sacrament and discipline of Christ by vertue of his lordlie episcopal or pastorall office and distinct offices imposed vpon his person the one by divine the other by humane lawe the one humane and episcopall the other without pompe pastorall there ariseth from thence this question by which of those two functions hee may lawfullie I meane according to Gods lawe minister the Doctrine Sacramēts censures of Christ If it be aunswered that it is lawfull for him by vertue of his Pastorall office to minister the doctrine and Sacramentes and by force of his humane Episcopall office to minister the censures of Christ then is not the answere fitted to the question the same being made â bene coniunctis ad male divisa For the censures of Christ as well as the doctrine of Christ being simplie of divine ordināce it must followe if his episcopall power be only of humane right pastoral power only of divine institution that the censures may be ministred by authoritie derived only from mā but the doctrine and sacraments by power derived onlie from God Which commixion of divine and humane right in the execution of the ordinances of God can no maner of wayes be sound pure and sincere and therefore also can not be pleasing vnto God For no more can the censures of Christ to the pleasure of God bee lawfullie administred by the authoritie of any one whose function is of man and not of God then could the sacrifice of God be offered by one who was a priest of man and not of God Now that humane episcopalitie or Bishoppisme in the Church of England is authorized and deduced from the power and law of Lordlie episcopalitie authorized onlie by the lawe of the Realme man viz. of the King Realme alone is evident as well by the donation endowment of the auncient Bishoprickes founded by the Kingly prerogatives of the Kings of this Realme as by the erection and establishment of the new Bishoprickes of Chester Gloucester Bristoll Peterborough and Oxford with their cathedrall Churches Seas Cities meeres and boundes of those humane Bishoppes for the exercise of their episcopall administration according to an act of Parleamēt authorizing the Kings Highnes to make Bishoppes by his letters patentes Nay further that humane episcopall iurisdiction within the meres Note that King Henry the eight by letters patents made Bb. therefore c. and boundes of every Diocesse within England is merelie of humane and not of divine iustitution appeareth by that power and authoritie which the Kinge hath in translating dissolving of Bishoprickes in conserving episcopall iurisdiction 31. H. 〈◊〉 c. 9 sometimes to such persons as be no Bishopps as did William the Cōquerour when he gaue Episcopall power to the Abbot of Battayle and lastlie by the verie maner and forme of the nomination licēce of election authoritie of investiture confirmation and consecration of Archbishoppes and Bishops established by the more positive lawe of the Realme But if it be aunswered that 25. H. 8. c. 20. the Bishoppe by his humane episcopall power doth minister the doctrine Sacraments and discipline of Christ then is the case worse with him then it was before because then not onlie the Discipline of Christ but also the doctrine Sacramentes of Christ should be ministred by that authoritie whiche is of humane institution Besides the answer should be vntrue because the Bishoppe at the time of his cōsecration doth not receyue anie authoritie to preache the worde and minister the Sacraments for that authoritie was then commited vnto him when first he was ordeyned to be a presbyter But the authorite which he receyueth at the time of his consecration is to correct and punish such as bee vnquiet disobedient and criminous within his Diocesse Whereby once againe is that confirmed which was erst said viz. That episcopall power in Englande is not of divine but of humane institution Especiallie for that