manifest examples of the primitiue Perpet gov p. 406. Church wee striue not for it Answ 1. But why we pray you do you make mention of the Canons of the Church onely and not of the word of God will you haue bishops to haue more authority and Pastors lesse then the word of God alloweth them 2. But we refuse not to debate this matter by the Canons and practise of the Church which notwithstanding hath been in part shewed before argum 10. and shall bee declared further in the answer to the 11. Objection Hierom thus writeth quomodo ibi leprosum sacerdos mundum vel immundū In Mat. ◠16. facit sic hic alligat vel solvit Episcopus presbyter As there under the Law the Priest made the leprous person cleane or uncleane so here the presbyter bindeth or looseth So then as the iudgement and censuring of the leprosie belonged not onely to the chiefe Priests but indifferently to them all He shall be brought to Aaron the Priest or one of his sonnes the Priests Lev. 13. 2. So now the censuring of spirituall leprosie should indifferently belong to all spirituall Pastors Further wee find that presbyters sate together with Bishops and gaue voyces and made decrees not onely in matters which concerne the word and doctrine as we are borne in hand but such as belonged Perpet gov pag. 291. to discipline and excommunication and anathematizing as is evident Concil Eliberrm to the which subscribed 36. presbyters can 52. 62. 67. And in Arelatens 2. can 25. 28. and can * 30. they decree concerning the suspension of Bishops to this Synod subscribed 12. presbyters from hence it is cleare that presbyters assembled in a synod haue power to excommunicate The imperiall Law saith We charge all Bishops and Priests that they separate no Novil constitut 125. c. 11. man from the sacred communion before they shew the cause c. And he that presumeth to excommunicate let him bee put from the communion Thus it was indifferent for Bishops or presbyters to excommunicate Obj. 6. Not in very Church but in every citty there were presbyters assisting and ayding Perpet gov p. 183. the Bishop and these were Clergy men to helpe him in all sacred actions and advise him in all iudiciall and Ecclesiasticall proceedings p. 184. Answ 1. Neither do we urge to haue a presbyterie of Clergy men in everie parish Church but that in every division the presbyters and Pastors should assemble together for the execution of Discipline 2. It being confessed that presbyters in cities haue assisted the Bishop in Ecclesiacall proceedings why then may not the presbyters of country Churches be admitted who are so much the more fit because they are acquainted with the particular diseases in their severall cures 3. The Presbyteries were not onely in great and populous citties neither had the bishops them such large circuits but that one presbytery might suffice for the Cittie and confines thereof for then the bishop had his proper parish Episcopus propriam parochiam non derelinquat Can. Apost 13. his The Bishop had his proper flock proper Church The bishop qui non acquierit ire ad Ecclesiam sibi cōmissam Which did not resolue to goe to the Church committed to his charge should be put from the communion Antioch concil c. 17. hee had his peculiar flock Episcopus grege sibi commissum c. The bishop must instruct the flocke committed unto him with the preaching of the word Turonens sub Carol. Then bishops lived not onely in famous great Citties but in base and obsure townes Episcopus de loco ignobili ad nobilem per ambitionē non transeat A bishop ambitiously must not go from a base and ignoble towne to a noble Carth. 4. can 15. Then bishops had not such a large Diocesse In Augustines time there were in one province under Carthage of the Catholicke Donatist aboue Bishops 9000. Of the Catholicks part there were present 286. and absent 120. by reason of sicknesse and old age Epispall Churches voyd 60. in all 466. Of the Donatists there were present 279. absent 120. Churches voyd 60. in all 459. These so many bishops in one province cannot be thought to haue had Diocesses much larger then some parishes And few bishoprickes haue so many parish Churches under them and none in England unlesse it be Norwich is found to haue more It is no marvell then if one presbyterie with the bishop sufficed for such Diocesses Object 7. Presbyters sate with the bishops at the first as assessors and consenters before Perpet gov p. 317. Synods undertooke such causes Ans 1. The frequenting of Synods was no let to the authority of the presbytery 1. It was a Synod that decreed that Sententia Episcopi c. The sentence of the Bishop should be voyd if it were not confirmed by the sentence of the Clergie Carth. 4. c. 23. 2. From the Nicene Councell to the time of this Synod were assembled in the space of an hundred years and somewhat more twenty provinciall Synods as the Elibortine Arelatens 1. and 2. Gangrens Agrippin Antioch Sardic with others 3. And before this it was decreed that there should be a Synod of bishops twice every yeare Antio c. 20. Constantin 1. c. 2. But after the time of this Synod of Carthage when the authority of the presbytery began to bee impaired it was decreed that bishops should assemble but once in the yeare Toletan 3. c. 18. So that even when Synods were most frequent the presbytery was in greatest authority it began to fail when Synods were not so often celebrated Obj. 8. For our parts though we take the keyes to be common to all that haue pastorall charge of soules in their degree yet to avoyd Perpet gov p. 320. the infinite showers of excommunication c. if every presbyter at his pleasure might excommunicate we praise the wisedome of Gods Church in suffering no inferiour to excommunicate without the Bishops consent c. Answ 1. If by the institution of Christ the administration of the keyes be common to all pastors what presumption is this for men to take upon thē to be wiser then God to change his institution The Esay 40. 13 prophet saith who hath instructed the spirit of God or taught him 2. It is not the wisdom of the Church but the ambition of Bishops that hath excluded the pastors as Diotrephes that loued to haue preeminence would not receive the brethren 3. Neither are Ioh. epist. 3. excōmunications the fewer because one by the Bishops authoritie excommunicateth but the more for there is like to be more grace and discretion in a companie of reverent and learned pastors then in one vnlearned Chancellor or Officiall and the Courts now intend their own gain therefore multiplie excommunications wheras then the profite of mens soules should be expected As though there hath not been long since complaint made of
quomodo securus abis qui gregi tibi commisso omnem de se securitatem aufers c. How Epist 4. canst thou bee secure being absent when thy flocke cannot be safe or secure who shall comfort them in their tribulations provide for them in their tentations quid facient novellae plantationes Christi c. What shall the tender plants do set with thy hand who shall dig and dung theÌ„ about hedge them in prune them c. these duties it is impossible for non-residents to performe 8. That is not to bee suffered which bringeth apparant perill and danger to the flocke but this doth the absence of the Pastor when the shepheard is absent the wolfe commeth to devoure Ezek. 34. 5. they were scattered without a sheepheard and were devoured of all the beast of the field So Ambrose saith lupi explorant pastoris absentiam quia praesentibus pastoribus oves Christi incursare non possunt The wolues do wait for the pastors absence for while they are present they cannot invade the sheep of Christ Lib. 7. in Luc. 9. Non-Residencie doth lay an heavy burthen upon the pastors themselues God will require the sheep at the sheepheards hand Ezech. 34. 10. and if the watchman warne not the people When the sword commeth God will require their bloud at the watch mans hand Ezek. 33. 6. So Hierome well saith detrimentum pecoris ignominia Hier. ad Huriam pastoris the losse of the flocke shall bee a shame and confusion of face to negligent sheepheards 10. Wee will in the last place adioyne the consent and practise of the Church against The constitutions of the Church against non residentes Non-Residents First the Canons haue limited the time of the Pastors absence si intra sex menses non redierit c. If he that is Non-Resident returne not within six moneths hee must bee depriued Innocen 3. Greg. 3. 4. 11. Qui infra proximum mensem c. Hee that refuseth to be resident within one month let him bee deprived Synod Hildeshemen c. 16. But the ancient Canons giue not so much liberty Episcopus per tres Dominicos c. The Bishop must not bee absent aboue 3. Lords dayes from his Church Sardic c. 4. Oportet eos qui persunt Ecclesiis c. they which are set over Churches ought every day but especially the Lords day to teach the people precepts of Godlinesse out of the Scriptures Tertull. c. 9. Secondly the Canons punish such Pastors as are absent from their flockes he that returneth not to his Church oportet communione privari must bee put from the Communion Antiochen c. 17. as it is alleadged distinct 92. c 7. Et qui receperit amittat c. he that will not be resident let him leese that which he received and he that gaue it be deprived of his gift Later sub Alex. 3. c. 13 Thirdly Non-Residents are deprived of all priviledges or benefit of law Qui Ecclesiae non deservierit c. he that attendeth not upoÌ„ his Church must be deprived sublato impedimento appellationis without having any remedy by appeale Decr. Greg. 3 4. 6. non obstantibê° indulgentijs Apostol revoces eas ad residentiaÌ„ c. notwithstanding indulgence Apostolicall call them home to their Churches Decr. Greg. 3. 4. 16. 4ly Gratian the Empr. made a Law that advocates chosen to any place of government in their country should not extra eam evagari wander abrood from the charge Cod. l. 2. tit 7. leg 2. And Iustinian decreed that advocates aboue 3. yeares absent from the citty should lose their priviledge ibid. ti 8. l. 7. much more is the residence of Pastors required in their Churches who haue cure of souls if their presence be so necessary that haue charge onely of mens bodies and goods Obiections Answered 1. Obiect Many haue two parishes committed unto them which both will not make one living Answ 1. It were better the pastors should want maintenance then that many soules should perish for want of instruction 2. where the Church hath not maintenance inough of it selfe it is not helped by accepting of another for that Minister which is the others substitute is in want still so the parson is provyded for but neyther the place nor the people 3. in this case prouision may bee otherwise made for mayntenance then by pluralities as by disposing otherwise of impropriate tithes that such as are not yet improved might bee demised for the old rent to the incumbent preacher such as are improved should bee taxed with a convenient portion issuing forth to the preacher as also Churches may bee vnited for the same end which vniting is by the Canons allowed in 4. cases 1. for the paucity and fewnes of the people quae minus In what cases Churches may bee vnited decem mancipia habeat alijs coniungatur Ecclesijs Toletan 16. can 4. 2 propter vicinitatem loci for the neerenesse of the place as Gregory did vnite Cumanam Micenatem Ecclesias Vicinitas loci nos inuitat caus 17. qu. 1. c. 48. 3. When any Church is vasted or decayed post quam hostilis impietas diuersarum ciuitatum vastauit Ecclesias caus 16. qu. 1. c. 49. 4. si ita fuerint tenues in substantia If they bee so small in substance that they are not able to mayntayne the proper pastor Greg. 1. 14. 4. 4. This obiection helpeth not them that possesse many and rich benefices who are not driuen to haue pluralities of necessity but of an ambitious and covetous mynd and superfluity 2. Object Many haue but one parish c. which would require two or ten men to speak at once c. Answ Neither doth it follow because some parishes are large and haue many Chappels which would require two or ten men c. that therefore a man may be as well non resident in diverse Parishes 1. the one is a non residence necessary it being but one parish by the law the other voluntary the Chappels are united for neerenesse of place and want of sufficient maintenance but some haue Churches far distant which each of them would suffice for the Pastors sustentation therefore the reason is not alike 2. Such What course should be taken with large parishes large Parishes might without any inconvenience bee devided as large Diocesses haue been shared into diverse as the Bishopricke of Tholouse was devided into fiue Extravag com lib. 7. tit 2. cap. 5. And heere in England the Diocesse of Ely and Oxford were taken out of Lincolne So also large Parishes might safely be apportioned into more Propter nimiam distantiam Ecclesiae c. For the great distance of the Church a new may bee builded in the parish and a certaine portion of maintenance bee allotted This liberty Alexanber the third granted in his rescript to the Arch Bishop of Yorke Decret Greg. lib. 3. tit 48. cap. 3. 3. Or else he that is Rector of the Mother Church ought
If this bee unlawfull much more the other 10. The Canons doe not onely hold it unlawfull for lay men to possesse tythes usus decimarum secularibus provenire non potest Caus 16. qu. 1. c. 68. Nullus decimas ad alios pertinentes accipiat Leo caus 16. qu. 2. c. 4. But they doe grievously censure them Qui non Ecclesiae restituerint iterum c. He that restoreth not to the Church the things which belong to the Church neither do yeeld his evidences to be cancelled let him stand accursed till he doe it Caus 12. q. 2. c. 13. Decimas quae in usus pietatis concessas esse c. Tythes which the canons shew to haue been given to pious uses wee forbid any lay men to hold whether they haue received them of Kings or Bishops unlesse they restore them to the church let them know that they haue committed sacriledge and incurred the perill of damnation Caus 16. q. 7. c. 1. VVhat more grievous sentence could bee given then that they which usurpe the tythes of the Church commit sacriledge stand accursed and are guilty of eternal damnation 11. Bishops also and Clergy men making grant of tythes to lay men are censured by the Canons Episcopus qui non sacerdotibus sed laicalibus personis decimas conferat inter maximos haereticos Antichristos c. A bishop conferring tythes not upon Priests but lay men is not the least among heretikes and Antichrists Caus 16. q. 7. c. 3. Statuimus ut si quis alicui laico concesserit c. He that granteth a Church or a tythe to a lay man let him be cut off from his place as an unfruitfull tree Greg. lib. 3. qu. 30. c. 17. 12. Impropriations where sufficient maintenance is not left to the incumbent are supposed not to bee good in law By what degree impropriations came in That this may appeare we will shew by what degrees they were first founded 1. At the first the annexing of tythes to other places and converting them to other uses was held unlawfull as mention is made of a generall Councell wherein it was decreed Quod ex tunc canonicis ad eorum sustentationem capellae non cōcederentur That Canons should not haue chappels for their maintenance Greg. l. 3. tit 5. c. 33. 2. Afterward a restraint was made that no more Churches should be appropriated Vt praelati beneficia non applicent mensis that Prelats apply not benefices to their tables Clem l. 7. tit 5. c. 1. 3. Then order was taken that no Churches should be appropriate unlesse sufficient maintenance were left to the Minister non obstante Episcopi consuetudine notwithstanding any Episcopall custome And that he which did not leaue congruentem de proventibus Ecclesiae portionem a competent portion of the Church revenewes should bee depriued of the benefice sciat se authoritate istius Decreti illa privatam Decr. Greg l. 3. tit 12. c. 1. 4. By the law of the land bequeasts alienated and not employed according to the mind of the founder are forfeited being contra formam collationis ann 13. Edward 1. as in this case tythes are which were first given for the maintenance of the Minister and preaching of the word 5. Yea it is also provided that no Church bee appropriate but a certaine summe of Money should go yearely to the reliefe of the pore parochians and vicar bee well sufficiently endowed otherwise to bee voyd ann 4. Henr. 4. c. 12. and what it is to be conveniently endowed is there expounded to do divine service to enforme the people and keep hospitality ibid. 13. VVe will lastly shew the inconveniences that arise by farming tithes to laymē 1. By this means we shewed before an unpreaching ministry is maintained and many perish for want of teaching 2. Learning decayeth the rewards thereof being taken away Vnde fit ut in his regionibus c. Wherefore it commeth to passe that in these countries scarse any parish Priest is found qui ullam vel modicam habeat peritiam literarum which hath any mean knowledge of letters Decr. Greg. l. 3 tit 5. c. 30. 3. Hospitality faileth and the poore want their relief 4. The Ministers themselues are in great want and many times driven to hard shifts as Hierome complayneth in his time mendicat infoelix Clericus in plateis The pore clergie man beggeth in the streets and is constrayned to liue of his labour and to aske almes de 7. ordinibus 5. The Marriage of Ministers is made scandalous who dying by this means wanting provision leaue many pore widowes and orphanes 6. It is the occasiō of Non-residency pluralities whē Ministers not finding one liuing sufficiēt are forced to take another to it 7. By this means where a sufficient pastor is wanting the wolfe taketh occasion to spoyle the flock many Seminaries and Iesuits do creep in corners 8. The people paying their tythes to others are burthened which new collectiōs to maintain a preacher 9. Clergy men giue offence in disposing so evill of theyr impropriations and cause other noble and gentle men by their example to draw backe and they themselues are corrupted by it and become carelesse in their owne flockes as Hierome well noteth si carnales diuitias quae labuntur non benè dispensatis c. If yee doe not well dispense riches that fade the true and euer enduring riches of heauenly doctrine who shall giue you Hier. Algas q. 6. 10. They cause other men to usurp upon the possessions of the Chur. occupying the place habitation of Rectors and parsons as they are called not being answerable to the name in any duty which kind of title and calling the Ciuill Law vtterly condemneth Si quis sub nudo appellationis velamine se collegiatum appellat c. If any doe call himselfe by the naked name of a Collegiate or Ecclesiasticall person another shall be put in his roome Cod. lib. tit 5. leg 9. Theodos Valent. All these inconveniences might as much as in them lyeth easily bee helped if Bishops Cathedrall Churches Colledges would demise their tythes only to the incumbent Minister during his life and incumbency for the old rent and some reasonable fyne at his entrance as the first years fruites the charges diducted Obiections answered 1. Object THESE Canons before alleadged onely prohibite lay men in theyr owne right to possesse tithes Answ Yea they forbid that they should take tithes to farme sub interminatione anathematis c. Vnder paine of the curse Ne laici Ecclesias ad firmas teneant that lay men take not Churches to farme Thus Alexander the third did write to the Bishop of London Decr. Greg. 3. tit 50. c. 6. Which Canons are yet Law in the Church of England where they are not contrariate to the statutes of the Realme 2. Obj. But ministers are prohibited by statute Law to hold any leases or farmes Answ This law was made onely against that abuse of Ministers which busied
servare nec usurpare regnum sed vereri Wee haue learned to bee faitbfull to the Prince not to usurpe any kingdom but to reverence the king c. 6. They further vntruely charge the Petitioners Vutruth No such thing will ensue That povertie and lack of learning would creepe into the Clergie if their desire take place Answ p. 29. VVhereunto we answer 1. what though there be not sufficient maintenance left in some reformed Churches VVee pittie their estate and as much condemne the embeazelers of Church revenues as these censurers And it is an vncharitable speach that wee would haue our Churches reduced and made conformable to the calamitie of those places Neither is the povertie of those Churches the fruit of their reformation but of some mens couetousnes that are ready to Vntruth We would not haue our Church so reduced take any occasion to enrich themselues neither do the Petitioners urge the alteration of the ecclesiasticall state according to their platforme the Petitioners stand for the maintenance of a learned Ministerie as it may appeare by their motion of impropriations and wee say with Origen Nisi dederit oleum populus extinguetur lucerna in templo Hom. 13. in levit 2. That there are not many men brought up among them they meane in Scotland and other reformed Churches worthy of that honorable maintenance is not far from a defamation of so worthy a Church neither had that land ever more learned men both preachers and writers then are at this time The Kings own Testimony shall cleare this point There is presently a sufficient number of good men of the ministry of this kingdom How may his Maiesty take it to haue such an evill report brought up of his countrey 3. Of like truth it is that the petitioners Vntruth here called at their pleasures evill malicious ungrateful men can see nothing in the Church but defects deformities VVee neither condemne that which is good for the evill nor yet iustifiy the evill as they do together with the good that were to use too little a measure and this too large as one saith Mensura maior est quando plus donatur rebus quam merita deposcunt minor cum subtrahitur meritis Apol. pamph quod debetur 4. VVe wish also that all which professe the truth were in our condition but with S. Pauls exception Excepting these bonds our Act. 26. 29. state were most happy if this servitude under humane constitutions were removed 5. And we wish with all our hearts it were as they say That our Reverend Prelates did contayne themselues within such bounds as preserue that state from creeping to any papall corruptions But how can this be truly sayd when as the discipline of the Ecclesiasticall courts is altogether the same setting the supremacy aside which was exercised under the pope The corruption is not reformed being by an other authority maintayned the Canon saith Cum quid una via prohibetur alieni ad id alia non debet admitti That which is forbidden one way ought not to be admitted an other The corruptions of the Ecclesiasticall state as by the papall supremacy are not now practised so by his Maiesties princely authority we trust shall bee purged to whom the honour of this worke must be left not to the Bishops themselues to chaine them with such bonds 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 44 as may preserue that state from creeping to corruption 6. That there is yet remaining to Colledges Cathedrall Churches Bishops such sufficent and honorable maintenance the Ans to the Pet. p. 31. Petitioners which are vniustly traduced as impugners of the state doe therein reioyce and wish together with the continuance good employment of them Such as do prey vpon the Church tithes and inheritance and they which assent vnto them we hould guiltie of great impietie Ambrose well saith in Orat. in Aâ—xent an other case Naboth vineam non tradidit suam nos trademus Ecclesiam Christi si ille patrum haereditatem non tradidit ego tradam haereditatem Christi i. If Naboth would not forgo the inheritance of his fathers much lesse should any betray the inheritance of the Church 7. If it be admited that there were more Ans to Pet. p. 31. learned men in this kingdome then among all the Ministers of the religion in all Europe beside that doth not proue that there are no dumb unlearned Ministers in the Church 1. And where will our brethren find so many learned men if they exclude all those preachers which desire reformation whom at other times they will hardly afford the name of learning 2. And it need not to be marvailed at if England may compare in number of learned Pastors with most reformed countries though the comparison bee too large to set it alone against all Europe seeing in this one land there are more parish Churches which are occasions of learned Ministers then in all the Protestant reformed nations 4. But considering the whole number of Parishes which riseth to not so few asten thousand as we may compare for learned Ministets so we feare wee exceed them for unlearned Scotland hath not the third part of that number nor the tenth of our maintenance but there are few Churches which haue not a preaching Minister therein we wish we could compare with them 5. As this Church of England aboundeth with many learned men so it would abound much more for every learned minister wee should haue two if that course might be taken which the humble Petitioners desire but now as wee haue many bright shining lamps so there are more dim twinkling stars The third part of the land is darkened with unpreaching ministers that we may say with Origen Alij sunt quorum pars aliqua observatur ut in Revelatione percussa est tertia pars lunae alij qui penitus cadunt ut stellae à draconis cauda Tractat. 30. â—â— Mat. tractae Though the dragons taile of Rome thankes bee to God hath not smitten our starres to the ground yet a third part of our morne is obscured 8. And true it is that as our brethren say our inferiour Clergie even the thousand preachers Petitioners with their fellow labourers so dispised not the dumb idle ministers and Non-residents haue been the most effectual meanes to settle the tranquilitie of the land by inducing mens mindes unto piety towards God loyalty to their King and to use their own words as the Apostle gaue his detractors to understand that he was not inferiour to the chiefe Apostles nay that he laboured more then they all In like case we doubt not but a truth may be be averred of our selues even by our selues without any ostentation at all when it is so iniuriously impeached and troden under feet to the high dishonour of God the disgrace of his Gospell and to the slander of this most Christian Common-wealth Thus haue we answered our brethren for this matter with their owne words but much more truely without any ostentation of vanity but in the plaine declaration of verity and we say with Ambrose Non est Ambr. ser 15 in Psal 129. hoc ulla virtutum iactantia sed vita innocentis assertio aliud est dignum se praemia dicere aliud indignum iniuria It is not to boast of our vertues but to avow our innocency and one thing it is to say that wee are worthy of reward and another that we are unworthy of iniury And thus for this time haue we ended our iust plea and reply for the truth leaving the iudgement thereof to your Christian Maiesty wherein to our knovvledge we haue maintained nothing which is not consonant to the Scriptures and agreeable to the ancient practise of the primitiue Church In handling wherof we humbly craue pardon if we haue been too tedious Our intendment was not so much to confute the gain-sayers as to confirme the truth and we herein follow Cyprians counsell Semel laboravimus ne alij Ad Fortunat. semper laborarent We haue taken this paines at once to ease other of continuall paines That where they doubt they may bee resolued where they are wavering they might bee setled and wherein they haue not yet travelled they may be further informed Now to your excellent Maiesty we hartily wish the compassion of David the wisedom of Salomon the faithfulnesse and zeale of Moses both tenderly to pitty wisely to discerne and uprightly to determine these causes and controversies of the Church according to these excellent graces of Clemencie Prudencie and Piety wherewith God hath enlarged your Princely heart to the honour of Christ the comfort of his Church your Maiesties immortal renown in earth everlasting reward in Heaven FINIS