â— si quis potestatem non habet quem scit reum eijcere aut probare non valet immunis est iudicis non est sine accusatore damnare quia Dominus Iudam cùm fur esset quia non est accusatus minime abiecit Thus we see till the Church was corrupted the othe ex officio in matters criminall had no accesse nor entrance One of the first l Concil Ilardens tom 2. p. 357. Councells that ordayned purgation by othe is late and it requireth this oathe to be taken because Leo the Pope had so purged him selfe before in the presence of Charles the great Hence we may gather the first rising of the othe ex officio how preposterous it was Some voluntarilie tooke an othe to purge them selues and by their example future tymes brought in a necessitie contrarie to the provisoe taken by m Decret p. 2. caus 2. q. 5. c. 18. Leo him selfe and Sixtus the thirde who forbadd as we heard before that any should bringe in anie necessitie by his example who if he swore for his owne purgation he did it voluntarilie and of his owne accorde without any meaning to binde others to the like There is a Councell n Concil A gathens tom 1. p. 716. somewhat higher then this that putteth a Minister to his othe of purgation but it is after that his parishe haue come in and taken an othe that he is publiquely infamous ne populus in eo scandalum patiatur but what is this to the othe ex officio which now is tendered to vs Howbeit the fountaine of this othe for purgation in common infamie is neither so auncient nor so cleare it first came in ex superabundanti as we may perceaue by o Gregor â— 2. indict 1â— epi. 2â— Gregorie who in the common infamie of one Leo caused him to sweare vpon the Reliques of Saint Peter ex abundanti that so no doubt or anie scruple might remayne The fondnesse of the tymes when the othe ex officio first arose as it plainly appeareth by this superaboundance mentioned so by another superadded vnto this when an othe was not beleeued he was put to an other kinde of purgation ferventi aqua vel candenti ferro se expurget sayeth p Decret p. 2. caus 2. q. 5. c. 15. one of the Councells This course continued longe as may appeare by an after Synode q Synod Mogont sub RabbaÌ„ c. 14 servus per 12. Vomeres ferventes se purget till r Genâ—brar chronolog l. 4. in An. 892. Steven the sixth forbadd the tryall both of hott water and of hott iron about the yeare eight hundreth ninetie and two And the othe ex officio for purgation had more fellowes then either the Reliques of Saint Peter or this hott and burning iron for the same superstition that brought it in brought in Monomachie also which was to trye a matter in controversie by the sight of two men Lotharius was he that devised this way of purgation not beleeving the othe of Theuperga his wife he would try whether she were chaste or no by the fight of two men But this was forbidden by the s Decret vb sup c. 22. decree of Nicholas An other companion of the othe ex officio for purgation escaped better which was to goe to Masse to receaue the body of Christ in these wordes t Ibid. c. â—3 corpus Domini sit mihi ad probationem hodie Sixtly the othe ex officio is against the lawe of this Lande it grewe first by the Statute of 2. Henry the fourth cap. 15. made for the punishment of Lollards that is to say of true christians which Maister Foxe in his booke of Martyrs in regarde of that proceeding ex officio calleth a cruell lawe a bloudy lawe a lawe of Maximinus The statute of 25. Henrie the eight cap. 14. in that blinde tyme brandeth it with this marke that the Ordinaries of this Realme were wont to examine vpon captious interrogatories Besides it standeth not with the iustice of our Lande that any person should be convict or put to the losse of his life goods or good name but by due accusation and witnesse or by presentment verdict confession or processe of outlawrie Howe can it bee reasonable then that anie Ordinarie by anie suspicion conceaved in his owne fantasie without due accusation or presentment should putt anie subiect of the Realme vnto anie infamie or slaunder of heresie to the perill of life or losse of goods c. Note also that by this Statute 25. of King Henrie the eight c. 19. no Canons Constitutions or Ordinances may be put in vre within this Realme that are repugnant to the K. prerogatiue or to the customes lawes or statutes of this Realme So that the lawes of the lande being against the othe ex officio no canon or constitution can holde it in I omit what the u The humble perit to Q. Eliz. p. 25. 62. 67. out of Crompt 182. Firzharb de natur bre p. 41. Regist p. â—6 Rastal pro. 5. learned of the Lawes haue collected of this poynt proving that the lawe of the lande tendereth no othe but in causes Matrimoniall and Testamentarie onelie #Sect 3. The violence of subscription iustly complayned off as most vniust SEcondly Sect. 3. we complayne of the violence which is shewed vs in the emforcing of Subscription litle lesse then that which a Concil ChalcedoÌ„ act 1. p. 68. Dioscorus afferred to the Bishops of his tyme. For though we fall downe before them and contest as they did then noli per vestigia reverentiae vestrae yet are we exclaymed vpon as he cryed out on them seditionem mihi mouetis da commites neither can we appease them vnlesse for feare we subscribe as they for feare subscribed to him It will be the Lawe which here they will plead which suppose it were with them what vizard haue they gotten better then that of Vlpian b Caesar Baron annal anno 225. Qui in libro quem scripsit de officio pro Consulis cuncta qua valuit adversus Christianos statuta collegit quo se in eos ture agere non impetu animi demonstraret Nowe this covereth not their violence as long as we are able to replye with c Lactantius li. 5. c. 11. Lactantius their constitutions together with the disputations of those Lawyers that prostitute their helpe vnto them are vniust Howbeit what if the Lawe be indeed with vs the violence which they offer against vs in this behalfe be a violence offered against the very lawes them selues For when the statute d Statut. 13 Eliza. c. 12 requireth subscription with this exception to The articles of religion which onely concerne the confession of the true christian faith the doctrine of the Sacraments the word only must needes exclude somewhat which what can it be but matter of ceremonie and of Church-governement to which the honorable state of the
power-lesse ministrie which hee will not blesse in which we can finde no comfort and wherein we are disabled from doing good For we cannot discharg a good conscience nor do our duties as we should which beeing so why may wee not lament with Gregorie y Gregor epist lib. 4. cap 78. vnhappie man that I am what make I here in this Church It is approued that a Minister should leaue his flocke z Decret pa. 2. caus 7. quest 1. cap. 48. si soluatur prouided that he leaue it like a doue quae dilectionem non amittit sed semper gemit and seperateth corpore non amore quibus non potest prodesse Are we not loosed doe we seperat so much as in dody are not our bodies distracted rather yee our bowels rent torne because we can prodesse no longer those bowels of ours which we desire to profit benefit euē to losse of life it felse in case we might be suffered It is also approued that a Minister should leaue his charge a Ibid. quando subditorum est obstinata malitia nec prodest ijs Praelatorum praesentia ne illorum nequitia semper in deterius proficiat isti quidem fructum amittant quem de aliorum profectu possent invenire Is it not so that many of our charges are sturred vp to a contempt of vs that our Gouernours doe disgrace vs and disable vs from doing good Is it not so that our ministerie is wounded by manifold slaūders yea defiled with many vnconscionable observations in case we stay in so that we may say with Martyrius b Theodor. Lector collectan lib. 1. populo rebelli ecclesiae contaminatae renuntio All these circumstances make our leauing of the ministerie much the more excusable in case we willingly did leaue it which we doe not vnlesse it be in this sense that we willingly submit our selues vnto the providence of the Lord who for the present calleth vs from it Nowe because his mercie is great we haue confidence he will one day returne againe and builde vp Syon therefore we stande vpon our watch to heare what he will speake of vs and in hope waite for the time when he will take the filthie garmentes away from Iehosua Haba◠2.1 and cloth his priestes with glorie and beautie Zach. 3.4 and cleanse his house and then we doubt not but that he will in mercy giue vs a roome amongst his seruauntes againe When this time cometh then shall our sufferings be in cause that wee shall c Cypri lib. 3. epist 1. maiores redire ad Ecclesiam for the which how readie are we euē at an howers call if the Lord call vs the Church need vs or we finde in cōscience we must reenter #Sect 15. That the losse of the ministrie vnto the faithfull Ministers rather then to approue the Ceremonies shall be the Lords gaine also as the iudgement of our best diuines is so to doe SEventhly the losse of our Ministerie shall we doubt not be the Lords gaine and the Churches and that many wayes The Lord shall gaine glorie by vs the trueth receyue a patient and constant witnes from vs the Church a patterne and example to be constant in that we haue taught them and to suffer when neede requireth euen as a Cypri lib. 1 epist 1. Cornelius when he suffered he did retundere Diaboli conatus Constantia sua and became pulcherrimo exemplo suis auditoribus b Flac. Illyric lib. de Adiapho pag. 3. Christus ex Nazareth discedens c. Christ leauing Nazareth meaning to returne as soone as occasion offereth it selfe doth not forsake that Church but by his constant confession and exile edifyeth it confirmeth it against the Phariseis superstition which in his preaching he had before impugned But if to haue the more libertie and sufferance to gather his assemblies he would haue taught the doctrine of iustification fearfullie coldlie or as we nowe speake modestlie and haue toutched the Pharisies but softlie and gentlie and obserued their traditions and haue sought their loue and good liking beeing manifest enimies to the truth then had hee forsaken indeed both that Church and the truth it selfe also So Elias when he fled he did not forsake the church or leaue it to Baalls woulfes but by his constant cōfession and sorrowfull exile he did confirme it in the truth but if he would haue receyued some of Baalls ceremonies haue paynted them excused them if hee would haue spared the Baalites and reprooued their abuses in generall onely and so haue serued the tyme then had he indeed forsaken the church So Paule departing from Ephesus and purposing to confirme the Ephesians either present by voyce or absent by writing did not forsake that church but by his constant confession and affliction did confirme it but if for peace and quietnes he would haue brought into the church the vestiments rites Images and other ceremonies of Diana or haue restored the observations of the Phariseis and haue wincked at many things then had hee forsaken indeed that church and many other infinite churches which he had built yea all posteritie So Athanasius choosing rather to goe from his church then to yeeld any thing to the Arrians or to come to composition with them or to vse generalities and ambiguities in the cause that was betweene him and them he did not forsake the church but by his constant confession and manifolde afflictions writings he doth strenghten and confirme it to this day When we consider these things as we cleare our owne consciences with ioye from all scruple of guiltie leauing of the church so we fill them with a trembling feare of guiltie leauing it if we should leaue our former faithfulnes and thereby leaue or rather loose our selues Vpon a false alarum of late that some had yeelded the papistes cryed out O foolish Protestantes to beleeue your preachers any more for their sakes or your religion for which ye see there is none that will suffer as we doe for ours the common people they swore they were turn-cotes that had yelded that for their sakes the would neur◠beleeue any more in deed preach while they would Neither would this frustration of our labours only follow but a deprivation also of former giftes Mal. 2.9 zeale loue paynfulnes joye yea knowledge all vntill the threat were brought vpon vs I will make you also vile The Hebrues haue a prouerb c Io. Drusiu in adag ◠Hebraic decur 9. adag 5. Camelus cornua quaerens aures amisis and it is spoken of Balaam who to exalt his horne on high by the preferrements which Balaac offered him lost both it and the spirit of prophecie which was before within him Were not we well holpe vp trow yee if for a benefice or some other preferrement lesse then that horne which Balaam sought wee should loose a better spirit of prophesie then euer he had a better eare bored
Parliament would binde no man because they sawe them controversed not only by private men but also by whole churches Now it is not vnknowne that our Reverend Fathers require a subscription not only to Faith and Sacramentes but also to the Discipline communion booke ceremonies and all things else so imposing articles of their owne which no subiect by the lawe is permitted to doe I say of their owne notwithstanding the Canon For seeing the statute lawe is against it no e Statut. 25 of H. 8. c. 19. canon no constitution ecclesiasticall can make it good Howsoever seeing diverse Ministers haue been repelled and deprived that offered to subscribe iuxta formam Statuti so farre forth as the lawe of the lande doth binde them it sufficiently appeareth we are denyed the benefite of lawe and that a transcendent power aboue the lawe hath been claymed whereby to wrong vs. And what wil be said to this that if we were bound by the lawe to subscribe as they would haue vs that then we must subscribe against the crosse in baptisme For they will haue vs to subscribe vnto the bookes of Homilies which are established by act of Parliament and to acknowledge no doctrine is contayned in them but that which is sound and true whereas we are able to prove plainly by the principles that are contayned partly in the homilie against the perill of Idolatrie partly in the homilie for Whitsentyde which handleth baptisme that no roome ought to be for the crosse in the service of God or in the sacrament of Baptisme as hath been shewed in seuerall places of this treatise Thirdly we complayne that we are put out from our benefices which are freeholdes by the bare and sole sentence of a Bishopp whereas the libertie of an English man is this to be put from his f Magna Charta c. 29. free-holde by none but by the verdict of 12. men And as we are wronged by the bare and sole sentence so also by the meere will and sole pleasure of a Bishop What lawe haue they else For the Statute of Eliz. the 1. punisheth no bare omission with obstinacie and contempte of any one rubric of the service booke especiallie in them who receaue the whole body of it so farre foorth as a booke of mans framing may be receaued to omit that the booke for which we are punished now is not that communion booke which the Statute of Eliza. doeth establish but a newe one a diverse one a different one which when it was afferred to the most honorable Court of Parliament to be confirmed it was refused reiected cast out and disannulled Consider these thinges a while and then aske of thy selfe why doeth not a Crozier staffe appeare in the handes of a Bishopp as well as the crosse in Baptisme sith the lawe g Ordinat minist Anglican ap Bucer rubric vltim in the book of ordayning Minist p. 65. requireth the one aswell as the other Is it because there is a meaning not to vse that gentle direction which the vpper ende betokeneth but that rigour which the lower ende doeth signifie according to the auncient verse h Durant dâ—rit li. 2. c. 9 sect 40. curva trahit quos recta regit pars vltima pungit In Russia the bacculus pastoralis is cruciatus whereof our Governours should not be ashamed as longe as they loue so well as they doe the crosse in Baptisme But if they may spare them selues at their pleasure though they spare not vs yet me thinkes it can not but be hardly done of them to keepe the Staffe of this crozier still in their handes for a trunchion wherwith to strike and beate their fellowes The birde in the l Act. and monu pa. 374. parable of Iohannes de Rupe scissa is deplumed by those who first clothed her with her gay feathers when in the pride of them shee began with her beake to punge and to teare with her talants If our Reverend Fathers cease not to punche vs and to teare vs as they begin it is the duetie of every true christian Ezech. 3â— 16 to giue the Lord no rest in his prayer vntill he remember his mercifull promise to iudge betweene the fatt leane of his flocke And this we trust he will doe in due time against their expectation who according to auncient hipocrisie Isai 66.5 looke for a blessing from the Lord notwithstanding they thrust out as if the whole fault were in vs who for such small matters as these incurre our owne vndoeing But this is to mocke both with God and with man and that somewhat like to m Socrat. histor lib. 3. cap. 12. Iulian if I be not deceaued who when he had impoverished the christians laughed at them as at fooles because they would impoverishe them selves to haue the blessing which their Maister giveth to the poore Nowe who are we to be thus conformed vnto the first begotten of God who are nowe in heaven as now it is saide to vs what great matter is it to make a crosse to put on a Surplice so was it saide of olde to them what great matter is it to sweare n by Caesar Nay we are herein conformed to our Lord him selfe for so it was saide to him trueth what is trueth Iohn 18.38 Is that such a matter to be stood on Is he wise that will cast away him selfe for trueth And so much of the sinne of the ceremonies against the 8. commaundment The Slaunder of the Crosse Chap. 9. OVr ninth indictment against the ceremonies is the shame defamation which they throwe vpon our church vpon sundrie members of it against the ninth coÌ„maundment First they defame our church before the papist whose badges they are For seeing they make vs like the spirituall Egipt Rome Apoc. 11.8 as the foreskin vncircumcized Iosuâ— 5.9 likened the Israelites to the earthlie they must needes proue to be a shame of Rome to vs as that was A shame of Aegipt to them in regard whereof wee must humbly beseech our Iosuahs to take them from vs. a Ioh. Drusius in Provâ—rb Boâ— Sirae Qui honorat contemnentes se similis est A sino saith the prouerbe of the Iewes how base then doe the Ceremonies make vs honouring the papist by wearing his cognizance when he scorneth to communicat with vs in the least of all our rites and Ceremonies Secondly these Ceremonies doe disgrace vs before our brethren of the reformed churches Is it not much not to be able to hold vp the face before a brother But now the Crosse disableth vs to hold vp our crossed foreheades before our brethren of other churches who write it amongst the markes of the beast a Sam. 1.22 Looke then with what shame the Armenian armie looked on their brethren when they came home with faces marked with the enemies b Magdeburg centur 7. col 92. inke and with no lesse doe we looke on them because it