you thinke in your heart that you be truely called according to the will of our Lord Iesus Christ and the order of this Church of England Answere I thinke it Bishop Be you perswaded that the holy scriptures containe sufficiently all doctrine required of necessitie for eternall saluation through faith in Iesu Christ And are you determined with the said Scriptures to instruct the people committed to your charge and to teach nothing as required of necessitie to eternall saluation but that you shall be perswaded may be concluded and proued by the Scripture Answere I am so perswaded and haue so determined by Gods grace Bishop Will you giue your faithfull diligence alwaies to minister the doctrine and sacraments and the discipline of Christ as the Lord hath commanded and as this realme hath receaued the same according to the commaundement of God so that you may teach the people committed to your care and charge with all diligence to keepe and obserue the same Pag. 33 Answere I will In these two answers and demaunds last specified are principally contained two things First the Minister chargeth himselfe by a solemne vow to teach and instruct the people committed to his charge with the doctrine of holy Scriptures Secondly the Bishop by vertue of the order and forme appointed by act of Parliament bindeth him The Discipline of Christ commanded by Parlement as well to minister the Discipline of Christ within his cure as the doctrine and sacraments of Christ as the Lord hath commaunded as this realme hath receiued it according to the commaundements of God And therefore euery Minister by vertue of this statute law may as wel adinonish denounce and excommunicate offendors within his charge as a Bishop may within his Diocesse the words are copulatiues and therefore Non sufficit alterum sed oportet vâ—â—umque fieri It is not sufficient to doe one but both And these words before rehearsed Will you giue your faithfull diligence alwayes to minister the Doctrine and Sacraments and discipline of Christ as the Lord hath commaunded and as this Realme hath receiued the same according to the commaundements of God haue in them two speciall points to be considered one touching the doctrine and sacraments of Christ the other concerning the discipline of Christ out of which two braunches proceede two other questions First whether euery minister ought not to exercise the Discipline of Christ by force of this demaund and answer as well as the doctrine and sacraments Secondly whether these namely the doctrine sacraments and the discipline be to be ministred simply as the Lord hath commaunded or els whether they be to be ministred onely as this Realme hath receiued the same without the commaundement of God For these words according to the commaundements of God are but Synonima vnto those which went before Viz. as the Lord hath commaunded and so signifie but one thing Pag. 34 To the first his owne promise to the bishops interrogatorie bindeth him as well to minister the Discipline as the doctrine and Sacraments To the second if you answere that the doctrine and Sacraments and Discipline of Christ are simply to be ministred as the Lorde hath commaunded then it must needes follow if this Realme hath receiued the same according to the commaundement of God that the lawe of the Realme and the Lawe of God commaund both one thing and so by both Lawes the doctrine and Sacraments and Discipline are to be ministred as the Lorde hath commaunded But if you shall say that these things are to be ministred onely as this Realme hath receiued the same though not according to the commaundement of God then these words of the article following viz. As this Realme hath receiued the same according to the commaundement of God conuinceth you of a slaunderous tongue against the whole state and Church of God For hereby you accuse them of great impietie and vngodlinesse and attaint them of high treason to the maiestie of God as though the intent of the whole state were to haue the doctrine and Sacrament and Discipline of Christ ministred according to the commaundements of God in case the lawes of the Realme had so receiued the same and not otherwise And so to haue restrained the commaundements of God by the lawes of the Realme and so to haue concluded an impossibilitie limiting and restraining the greater by the lesse and a lawe most perfect by a lawe vnperfect and not rather the contrary to haue restrained in deede the lesse by the greater the lawes of the Realme by the commaundements of God an vnperfect law the law of man by a most perfect and absolute law the law of the most Highest Pag. 35 which is manifest by a threefold repetition of the one as the Discipline of Christ Secondly as the Lord commaunded Thirdly according to the commaundement of God where the lawes of the Realme are but once onely mentioned Againe in the ordering of Archbishops and Bishops the Archbishop demaundeth of the Bishop this question Will you maintaine and set forward as much as shall lye in you quietnes peace and loue amongst all men and such as be vnquiet disobedient and cryminous within your Diocesse correct and punish according to such authoritie as ye haue by Gods word as to you shall be committed by the ordinaunce of this Realme Doe these words and as to you shall be committed by the ordinaunce of the Realme restraine and lymit these words which went before to correct and to punish according to such authoritie as ye haue by Gods word Pag. 36 Surely they can haue no such interpretation For the meaning of these wordes is that euery Bishop should by the ordinaunce of the Realme haue his office committed vnto him and once hauing his office so committed vnto him by the ordinaunce of the Realme then to correct and punish according to such authoritie as he hath committed vnto him by Gods word and as he is appointed by the ordinaunce of the Realme to execute Neither hath the Bishop any authoritie giuen him by these words to correct or punish any otherwise then the lawes of God permit him though the lawes of the Realme were not agreeable to the law of God And in like case I conclude that a Minister bound as you haue seene before to minister the Discipline of Christ ought so to minister the same as the Lord hath commaunded though the lawes of the Realme should not haue receiued the same For no Discipline in truth can be sayd to be the Discipline of Christ vnlesse it be in deede ministred as the Lord Christ hath commaunded the same should be ministred And therefore as no Bishop may or ought to correct or punish any transgressor any otherwise then according to the lawes of God so no minister ought to exercise any discipline then such as the Lord Christ hath commaunded If it be alleadged that our Discipline vsed in the Church of England be in very deede the very same Discipline
hir Highnes as to grant hir this libertie it may please him besides the fourth iniunction before alledged to peruse the 27. and 53. iniunctions where expresselie all parsons vicars and curats are inioined to read some homilie when there is no sermon whom I trust he will not therfore conclude either to be all deacons or to transpose without authoritie the office of their fellow-seruant vnto themselues But to tie the reading of homilies vnto deacons is so farre from all apparance or colour of truth that in the selfe-same place where he curtailed rather than abridged the office of the deacon the booke setteth downe that it is a part of the deacons office to read holie scriptures and homilies in the church Where he shall be appointed to assist the priest not thereby that the priest is excluded from reading scriptures and homilies if he so thinke good or be commanded and therefore much lesse where no such deacon is appointed to assist the priest And if this new topike place were allowable then hereof we might reason thus Bishops as this man hath confessed afore by the ordinance of the realme are to execute discipline Ergo the inferiour His argument recorted against himselfe minister being another distinct officer may not transpose it to himselfe as in the other section he auouched Also ministers are to preach Ergo Bishops being of a distinct office may not preach contrarie to all that which afore he hath spoken against dumbe prelats Againe Deacons are by their office by law set downe to instruct the youth in the catechisme to baptise and to preach if they be admitted thereto by the Bishop Ergo ministers being a distinct office from deacons and statutes being strictlie to be interpreted are neither to catechise baptise nor preach by his owne doctrine and where is then his learned ministerie And therefore I take it that I may safelie conclude without offense to his wisedome that either héere he doated or else he hoped his readers would be such affectionate dotards as that he might with anie shew or vizard of likelihod as héere or by racking wringing wresting and curtailing as in diuerse places else-where without their further looking vnto him how plainelie he dolte easilie abuse them 20. Section Pag. 40 41 42 43. NOw in this section to make the matter in his behalfe séeme more probable against the Bishop he frameth a silie answer God wot in his name that Seeing by statute he onelie hath authoritie to make deacons and ministers and to gouerne them that therefore it beseemeth a minister no otherwise to preach than as he shall be licenced therevnto by him the Bishop But yet bicause this fiction was so apparentlie vnprobable he was content also to temper it thus Otherwise than according to the forme of the booke And indéed I cannot sée but that this may and ought to staie any from enterprising to preach in a setled church as this is sauing such fanaticall spirits as will shooue them-selues into the office of preaching without any externall and lawfull calling seeing that in this church of England this booke is the onelie externall forme we haue of calling men into any function in Gods church Now touching the former matter Whether the Bishop might commit the reading of homilies to the minister bicause our author warilie foresaw that both the iniunctions and aduertisements published by sufficient authoritie would to this purpose be alledged he séeketh to vntie that knot thus Bicause That he saith which was confusedlie and indistinctlie appointed in them to be done by parsons vicars and curats whereof as it fell out some were deacons and some ministers is now by this statute made 8. Elizabeth after both the other bounded and limited so that euerie proper office should be allotted to his proper officer But by the way he scattereth a riddle as he runneth when he saith The iniunctions aduertisements articles and this statute dooth bound and limit the meaning of the iniunctions and aduertisements yet I thinke he meant onelie that the statute bounded the meaning of the other two and therefore she was to blame that taught him so long to go before he had learned to speake well For the vntruth of this allotment of euerie peculiar function to his proper officer although some are peculiarlie tied vnto one and not attributed to any other I referre the reader to the booke it selfe and to that which was said in the last section And so I doo this which a little after he gathereth Ex vno absurdo quasi concesso That the office 〈◊〉 of the deacon is onelie to read the scriptures and homilies by that statute Now to open more fullie the vanitie of this surmise as though the statute 8. Elizabeth ment to redresse reading of homilies by ministers thorough making a more orderlie distinction of offices than afore you shall perceiue by perusall of the bodie of that statute and preamble that the forme and maner of making and consecrating Bishops priests and deacons was not deuised then anew but was put in vre and established in the daies of king Edward And though Ad maiorem cautelam for the auoiding of cauils of traitorous and slanderous papists the same booke was then established by that act of parlement yet dooth it in the preamble thereof by manie reasons prooue that the said booke had the force of law before And therefore it is verie propheticall for that booke which was penned in king Edwards daies to bound limit Articles of religion art 36. applie and distinguish offices confusedlie deliuered by hir Maiesties iniunctions and aduertisements which were long after framed And where our author had said that A minister must minister the doctrine and sacraments and discipline of Christ what néeded he to haue added And preach onelie if as afore he would haue inforced vnder Doctrine or teaching preaching be necessarilie alwaies emploied But afterward vpon better rubbing of his memorie he telleth vs his meaning is not to Exclude the minister from reading the scriptures and praieng with the people duties without which preaching cannot be done If by reading the scriptures he meane the ministers priuate studie then he reasoneth not Ad idem which is ignorance of the Elench But if he vnderstand the reading of scriptures in the church then I sée no cause whie by his owne platforme the minister should read any scriptures there besides his theame for his sermon naie how can he read any scriptures when the deacon hath read them all Contrarietie of the author vnto himselfe afore And if he will needs read the scriptures publikelie whie should he be suffered by this mans construction to inuade The deacons proper office and to transpose it to himselfe And therefore the copie of the supplication and submission of the Bishops which he hath here drawne in their behalfe as though through their Abusing of hir Highnesse lawes no meanes according to law could be found for reading of homilies where the minister is
thrée to whome shall he tell it in the third place where he himselfe hath the authoritie to excommunicate But the power of binding and loosing according to the word of God and the censure of reproouing and sharpe rebuking of publike offenders which doo conteine indéed the whole discipline ment to be attributed by this church of England vnto priuate and inferiour ministers whie are they left out in this place And whie did he not also yéeld vnto euerie minister as well as excommunication the censure also against obstinate heretiks and of anathematisme supposed by the best interpretors to be a higher censure than excommunication and vsed when all hope of amendment is gone And touching his second question whereof onelie as it séemeth any doubt is made Whether the doctrine sacraments and the discipline be to be ministered simplie as the Lord hath commanded or else whether they be to be ministred onelie as this realme hath receiued the same without the commandement of God I saie that as this question is contumelious to this whole church by insinuating a iarre in those points to be established by our lawes with The commandement of God so is it a verie captious and sophisticall question A diuisione bicause he diuideth those things Inconstant dealing in the author that not onelie the booke hath ioined togither but he himselfe within ten lines afore vpon the like copulatiue coniunction vrged the like concurrence of two other seuerall members in this selfe-same sentence And for answer to the question I doo affirme that these thrée are to be ministred both as the Lord hath commanded and as this realme according to the commandements of God hath receiued the same So that the one of these clauses shall not be vnderstood either to limit or restraine the other as he vnskilfullie thinketh may be obiected nor yet Dispositiuelie as though the law ment by authoritie hereof to establish that the order in these things by the realme receiued should be holden as agreable to the word of God but must be taken Enunciatiuelie to declare and affirme for the further incouragement and comfort of those who are to minister these things that following the order by law established they shall doo agréeablie to Gods will Not that it is to be thought that euerie ceremonie forme or circumstance about these thrée things are either in particularitie deliuered in scripture as this man hath not alone absurdlie fansied or that there in either this church or anie other is or can be tied to any such certeine exact forme In hypothesi as we terme it but that certeine generall rules for Articles of religion 34. art ceremonies and gouernement being there set downe euerie church is to followe the said rules in such particular maner as they shall iudge all varietie of circumstances weied to be most fit for the editieng and gouerning of that people For iudgement whereof I thinke that waie surest to follow which hath had the best proofe and experience of profitablenesse by longest continuance of time and purer antiquitie so that it be sure no commandement in the word to be to the contrarie And where as he concludeth though without premisses that A Bishop and a minister ought to minister the discipline of Christ as the Lord hath commanded though the lawes of the realme should not haue receiued the same afterward in plaine terms saith That our discipline vsed in the church of England is not the same which the Lord Christ hath commanded he dooth first iustifie that slander of this church which his question afore The authors slaunder of the whole estate did insinuate Secondlie he directlie contrarieth both that which the booke by law established which he himselfe had a little before affirmed in these words That the discipline is to be executed by the Bishop as he hath committed vnto him by Gods word as he is appointed by the ordinance of the realme to execute Lastlie he héereby both giueth libertie to Bishop and minister to vse what forme so euer of discipline shall séeme to them grounded vpon Gods word and dooth as it were crie an alarum to all men to oppose A seditious asseueration of the author themselues against the discipline of this church as wicked and not agréeable to Christs institution But let vs a little examine his proofes whereby he goeth about to infer that The discipline of the church of England is not according to the commandement of Christ The first reason that It appeareth by the word of God and likewise the second that it so Appeareth also by the discourses written by the learned to and fro are two childish fallacies A petitione principij proouing a thing in doubt by a matter as much or more doubtfull for who being of a contrarie opinion will not straight tell him that his proofe is as euidentlie false as his conclusion That which is said of The discipline of all reformed churches maketh more against him than he is ware of First more reformed churches come néerer vnto our outward policie discipline and ceremonies than those are in number who séeme to dissent from vs. Againe few or no reformed churches especiallie of seuerall nations or dominions doo iumpe in one externall policie of discipline or ceremonies And whie is it not as lawfull for vs héerein to differ from them as for them to differ amongst themselues And how is it possible if such a set forme as is pretended be set downe in scripture that they all differing so much one from another in externall policie should all be ordered therein according vnto the commandement of Christ and thus to be brought as a squire to leuell vs by who are alonelie belike in his fansie wide from the right discipline where as I sée no cause in any respect whie they should not rather take light of vs than we of them That which he speaketh of maister Nowels catechisme is verie generall and requireth the perusall of the whole booke But I suppose this to be the place which he meaneth where toward the latter end of the booke he saith In * pag. 652. graecolat Catech 1573. well ordered churches a certeine forme and order of gouernement was instituted and obserued certeine elders that is to saie ecclesiasticall magistrates were chosen which should reteine and practise ecclesiasticall discipline And dooth our author thinke that this man heere dooth meane their laie presbyteries neuer heard nor read of from the beginning of the world till within these fortie yeares or little more bicause he nameth them ecclesiasticall magistrates A foole fansieth that bels doo ring and almost speake anie thing wherewith he is delighted Or could he gather that maister Nowell here condemneth our churches discipline as not agréeable to that which Christ hath commanded if he had directlie said that in some well ordered churches an order of discipline differing from ours is obserued Dooth this follow Some well ordered churches differ in some points of externall discipline
haue a true church in England wherby it appeareth he taketh such for no Honest poore men nor the Lords watchmen which say we haue scarse the face of a true church in England Next he acknowledgeth Hir Maiesties lawfull and sole souereigne gouernement ouer all causes and persons whervpon may be gathered he was not well aduised afore in séeking The authors inconstancie to establish popular elections of ministers where vpon of consequence would follow as also no lesse is included in the generalitie of his proofs that Bishops and Deanes nominations shall be attributed also from hir Daiestie vnto the people nor yet when he made the contempt of obeieng hir Daiesties lawes concerning indifferent rites and ceremonies a commendable thing in them as procéeding Of conscience and of feare to offend GOD in any small thing For in what causes ecclesiasticall can hir Highnesse lawfull gouernement be exercised and bestowed if with a good conscience and without offense of God shée may be disobeied in matters méerelie indifferent He goeth on and confesseth That hir Maiestie ought to put in execution according to the prescript rule of Gods word the doctrines deliuered by the ministers for abolishing of all and all maner superstitions and abuses reteined in the church and for the establishing of a perfect gouernment of it Whereby we may sée how hard it is for a cat of mountaine to change his spots or a Morian his tanned hue or for him to plaie a little vpon his old by-asse For dooth he not héere in a manner plainelie condemne hir Haiestie Factious speaches not to haue doone as the Ought nor according to the prescript rule of Gods word Dooth he not insinuate the perfect gouernment of the church not to be yet established And dooth he not expresselie saie that Superstitions and abuses are reteined in the church D wicked and vngratefull wretches to the Daiestie of God and to his lieutenant the Duéenes Highnesse which in regard of so manie and so manifold blessings by hir ministerie bestowed doo recompense and requite them with repining and with slander in this maner Non sic fecit Deus omni nationi who make vs all thankefull for them The other three members of his spéech and confession in this place touching the ministers duetie towards magistrate and people of the peoples obedience to the magistrats and ministers and of the concurrence of the ministers instruction with the magistrats authoritie in the gouernement of the church though no more than of the rest I can sée how they are incident to this treatise yet I doo not perceiue any cause whie they should be reiected Neuerthelesse if the minister as doubting of the lawfulnesse of his owne externall calling and the magistrate and people as surmising him to haue runne before he was sent should beéeue our author in his former nice points about ordinations I cannot coniecture that either the minister with any couragious spirit can discharge this dutie or that the magistrate and people can or will regard that which he speaketh as they ought to doo from the mouth of him that is Gods true ambassador vnto them or yéeld vnto their maintenance their tithes and other duties trulie and faithfullie as they ought The examples which he here bringeth though some of them sound suspiciouslie considering from whome they procéed are méere apologeticall tending to prooue that the ministers and people may not of their own head without the princes authoritie séeke to execute any reformation and thereby to purge our author from the suspicion of the traitorous heresie of certeine late pestilent Sectaries But his repining and mutinous doubting with his Ifs and And 's which he casteth in the necke of his former apologie whereby like Scyria capra he ouerturneth the milke with his heele that afore he yéelved dooth be wraie his discontented mind and slender estimation he carrieth of the godlie reformation established by hir Maiestie For what else doo these voices yéeld If hir Maiesties eies be not Seditious speeches and vndutifull yet opened if some blemishes and blots remaine in hir gouernement if councellors be hired to trouble the building all the daies of Cyrus if the wals must be reedified by Eliashib if the church must tarrie Gods leisure if any other glorious purpose be to worke in our daies by hir Highnesse but to fill vnstable heads of the people to whom this booke was especiallie addressed with buzzing of dislike to things present and hope of alterations and new fangled innouations hereafter Which conceits cannot tend any waies to hir Daiesties honour nor worke to the securitie and quiet of the realme And those which haue so quezie and squemish stomachs at the state present ioined with such an esseminate longing and Absurd appetite of restlesse and endlesse alternations in church matters I praie God they haue not cause with the first neuer to haue wished change nor that they euer sée the time wherein they would with all their hearts desire with fauour and libertie of conscience to enioie that forme of liturgie ecclesiasticall policie and church gouernement which by the mercies of God and hir Daiesties ministerie are now planted in this church if they might hope to atteine it Bonum non fruendo sed carendo redditur charius 47. Section Pag. 95 96 97. THus hauing shewed some part of his former Apologie and protestation to be verie doubtfullie deliuered and both that and other his spéeches afore to be verie Offensiue vnto manie and therefore that which his guiltie conscience telleth him Might haue beene dangerous to his person is not yet ouerblowne or auoided we are now come to his purgation of that which might and hath béene obiected that he Insinuateth indeed no lawfull ministerie to be in England But he confesseth now That euerie one meet and apt to teach that euerie one qualified as is requisite that euerie one mooued inwardlie by the Holie-ghost and outwardlie called and appointed by the Bishop hauing authoritie by the order of this church of England is indeed and by law a minister If these be spoken distributiuelie as the word Euerie and the Intersections by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 doo import then hath he established some a minister without Outward calling so he be otherwise qualified as is requisite then may a man be qualified as is requisite thereto being not apt to teach nor inwardlie mooued vnto it by the Holie-ghost or outwardlie called appointed by the Bishop And what if he after this mans construction haue not Authoritie by th' order of this church of England as not hauing béene consecrated by such a B. as was consecrated according to th' order of the booke established Which our author maketh so necessarie as that he reasoneth afore out of the words of the statute negatiuelie to wit none to be a Bishop priest or deacon but such as Pag. 77. were consecrated and ordered according to the forme and maner of that booke but admitting them to be taken iointlie
which the Lorde Christ hath commaunded which is vtterly vntrue as appeareth First and principally by the word of God Secondly by the discourses written betweene the learned on that behalfe Thirdly by the Discipline practized by all the reformed Churches and lastly by Maister Nowell his Catechisme commaunded generally by the Bishop to be taught vnto the youth of the Realme in all schooles of their Diocesse yet notwithstanding the Minister contrary to a vowe made by him at the commaundement of his Ordinarie appointed therevnto by lawe is very iniuriously dealt with for that he is not permitted to exercise any discipline at all our Bishops and Archdeacons challenging vnto themselues a principall prerogatiue to punish all malefactors within their seuerall iurisdictions An other reason that this statute hath appointed as well the discipline of Christ as the doctrine and sacraments to be ministred as the Lord commaunded onely and none otherwise is this namely for that this statute was made to reforme as well the disordered discipline vsed in the time of popery amongst the popish idolatrous Priests as it was to reproue their false doctrine and prophanation of the sacraments so that neither the one neither the other should be ministred by the Ministers of the Gospell for otherwise this braunch of the statute should ordaine nothing and so contrary to the nature of a lawe be Lex absurda an absurd lawe Pag. 37 And therefore what open wrong and intollerable iniutie is offered the Saincts of God and loyall subiects to her Maiestie calling for discipline at the chiefe Prelats hands commaunded by the Lord and in truth established by the lawes of her Highnesse Empire euery indifferent man may easily discerue It followeth in yâ— booke of making of Ministers Bishop Will you be diligent to frame and fashion your owne selues and your families according to the Doctrine of Christ and to make both your selues and them as much as in you lyeth wholesome examples and spectacles of the flocke of Christ Answere I will Bishop Will you maintaine and set forwards as much as lieth in you quietnesse peace and loue amongst all Christian people and specially amongst them that are or shall be committed to your charge Answere I will In the ende when he layeth on his hands he sayth to euery one be thou a faithfull Dispensor of the word of God and of his holy Sacraments And againe Take thou authoritie to preach the word of God and to minister the holy Sacraments Which action speeches of the Bishop are to be wel wayed and considered The words which the Bishop pronounceth Be thou a faithfull Dispensor c. Take thou authoritie to preach are wordes appointed him by the whole State to be pronounced What was it trowe you the meaning of all the States and Nobles of the Realme or was it our most excellent Soueraigne the Queenes Highnesse her pleasure to haue enacted by Parlement that a Bishop should commaund an Apothecarie not exercised at all in holy Scriptures and altogether vnable to teach to be notwithstanding a faithfull dispensor of the word of God and to take authoritie to preach Pag. 38 No no they very well knewe that the outward sound of the Bishops words in the eares of such a man could not worke any inward grace or giue any inward vertue to the performance of so high a calling or of so holy a function And therefore as it becommeth a true and loyall subiect I dare not for my part so dishonourably conceiue of their wisedomes much lesse I take it should the Bishop so disloyally abuse their credite and authoritie Was their intent and purpose trow you that the Bishop by these his demaunds and the Minister by these his aunsweres should not bind the Minister himselfe to performe by himselfe this duetie to preach but that the same should be done by a third person I trowe no. For my Maisters and Doctors of the Canon and Ciuill Lawe Burgesses in the house of Parlement knowe that Promissio facti alieni inutilis Institu de inuâ—tilistipu § si quis est quod si testator iusserit aliquem in certum locum abire vel liberalibus studijs imbui vel domum suis manibus extruere vel pingere vel vxorem ducere per alium id facere non potest quia haec omnia testatoris voluntas in ipsius solius persona intelligitur conclusisse A promise made of an other mans fact is vnprofitable and that if a Testator shall will any to goe to a certaine place or to be furnished with the liberall Sciences or to builde an house or to paynt a table with his owne hands or to marry a wife that he can not doe any of these things by an other man because the will of the Testator hath concluded all these things onely in his owne person Was their meaning that the Bishop pronouncing these words Pag. 39 Be thou a dispensor was their meaning I say by those words to haue the Bishop commit the office of reading homilies to a Minister or to iudge reading of homilies to be preaching No no Their proceedings appeare to be of greater wisedome knowledge iudgement discretion and godlinesse They appointed by the same their consultation three kindes of offices to be in the Church Deacons Ministers and Bishops appointing seuerally to euery officer his seuerall dueties and hath expresly appoy nted reading homilies to be the office of a Deacon For in the ordering of Deacono the Bishoppe by vertue of the Statute pronounceth these wordes vnto the Deacon It pertayneth to the office of a Deacon in the Churche where he shall be appoynted to assist the Prieste in diuine seruice and specially when he ministreth the the holy Communion and to helpe him in the distribution thereof and to reade holy Scriptures and Homelies in the congregation c. I take it and hold it for a principle that the Bishop hath no authoritie by his Lordship to alter or transforme an act of Parlement and therefore I take it that I may safely conclude without offence to his Lordship that he can not by law appoint any Minister to reade any Homilies in any Church Statute lawe is Siricti Iuris and may not be extended What will you then by law positiue barre reading of Homilies in the Church No. But I would haue the Law positiue obserued and so barre reading of Homilies from a Minister because the Law positiue hath appointed that office to a Deacon For it is not lawfull for one priuate man and fellow-seruant to transpose from his fellowseruant an office committed vnto him by publike authoritie Pag. 40 And it is verily to be thought the Bishop himselfe will challenge as much vnto himselfe by this statute from the Minister and plainly tell him that by this statute he alone hath authoritie to make Deacons and Ministers and to gouerne them and that therefore it beseemeth not a Minister to be ordered otherwise then according to the forme of the booke and no
and therefore in as much as you for your part without any good conscience haue gotten you a place in the ministerie I for my part moued by a good conscience and for the same my conscience sake to discharge my duetie to the Lord haue summoned you publikely lawfully and rightly to dispossesse you of that place and depose you from that function whereof though publikely yet vnlawfully and vnrightly you are possessed neither ought you or any other to thinke me rashe light or vnconstant in so doing For I tell you plaine that herein I will both say and doe that thing which the noble and wise Emperour sometimes both sayd and did in a matter of farre lesse waight then this Quod inconsultò fecimus consultò reuocamus That which we vnaduisedly haue done we aduisedly will reuoke and vndoe And Sir for your part it is verie necessarie and expedient for you that we depose you in deede because Tantò grauiora sunt tua peccata quanto diutius infelicem animam detinent alligatam So much more grieuous are your sinnes by howe much longer they haue your vnhappie soule fettered with their boultes To doe this or the lyke were in my simple vnderstanding a noble and famous practise of a good and godlie Bishop labouring to procure peace and prosperitie vnto Ierusalem What may a Bishop depriue an honest poore man from his benefice dispossesse a faythfull man of his Ministerie stoppe the mouth of the Lordes watchmen and imprison a painefull teacher in the Clinke in case he weare not a Surplesse in case he marrie not with a Ring in case he crosse not in Baptisme or in case he subscribe not to euerie newe Article inuented by Pag. 91 his Ordinarie And may not the same Bishop remoue a man that hath openly played the hypocrite publikely falsified his word impiously committed sacriledge yea and that which is worse hath made an open mocke at the lawe of God and deluded the lawes of her Highnesse Empyre Is the first a lawlesse and rebellious Puritane I vse but their owne termes and is the second a duetifull and loyall Uassall If a Puritaâ—e as they call him making conscience to offende his God in any small thing for his conscience sake be worthy to be whipped and excommunicated is a Foolitaâ—e making no conscience to offend his God in all things not worthy once to be summoned Concerning an olde obiection perhaps by some olde Canoniste to be obiected that euery sentence of the Bishop whereby Extrauag de elec c. cum dâ—â— lectus he pronounceth any man fit and capable of the ministerie is a definitiue and irreuocable iudgement in case no appeale be made from the same though my former answere were sufficient for the same election yet to answere lawe with law I answer with the glosse that propter aliquam causam posteà emergentem potest quaeri quia quae de nouo emergunt nouo indigent auxilio ita semel probatus â—â—erâ—m probatur reprobatur For some cause afterwards arising inquisition may be made because things newly happening doe want a newe â—upplie and so one being once allowed may againe be allowed and disalowed Pag. 92 And therefore to conclude if such as be in authoritie loue the peace and prosperitie of the Church of Christ if they desire the good successe of the Gospell if they will preserue the state of this Realme if they thinke it necessarye to haue good Magistrates to haue good lawes and orders in a common wealth If they esteeme learning and seeke to preferre it if they hate confusion if they allow to their owne conditions and like of a kingdome better then of a tyrannous state then are they to prouide betime some speedy remedie for these and such like kind of men and such manner of abuses And if the religion they haue established be good if the orders and lawes they haue made be conuenient it standeth them in hand to see the same reuerently receiued and executed and not openly to be contemned and broken without sharpe and seuere punishment they are not to suffer such as execute them not to be vncontrolled vnrebuked and vnpunished they are not to suffer such as speake for them preach for them cal for them and write for them any more to be checked taunted frumped and shopped vp either let their lawes be lawes indeede and maintained as lawes or els deliuer vs from our duties in desiring their execution and obeying them If by these former conclusions any shall surmise that by them I sâ—ily and couertly as one captious ouer the whole state of the church should infinuate no lawfull ministerie to be in England because some one of these poynts perhaps haue bene and are daily omitted in making euen the best men that are in the ministerie at this day I answer touching as well the whole Church as the learned and vnlearned Minister the Preacher and him that is no Preacher the Pastor and him that is no Pastor I answer I say touching them all as followeth First I confesse that our Lord Iesus Christ hath a true Church and a faithfull spouse in England receiuing the doctriue and sacraments of Christ publikely taught and administred in the Church of England wherein we haue Elizabeth by the grace of God Queene of England Fraunce and Ireland a Soueraigne a sole and a lawfull Gouernesse in all causes and ouer all persons Ciuill and Ecclesiasticall Moreouer I confesse that the doctrines deliuered vnto her out of the word of God by the Ministers for the abolishing Pag. 9â— of all and all manner superstitions and abuses retayned in the Church and for the establishing of a perfect gouernment of the sayd Church ought to be faithfully embraced and diligently put in execution by hir Maiestie according to the prescript rule of the blessed word of God And againe that the Ministers ought euermore in a reuerent and holy feare to teach whatsoeuer they know to be commaunded or forbidden by the same word and tâ—â—hewe the daunger as well to the Magistrate as to the people if either or both of them shall be negligent or remisse in the Lordes seruice And againe that the people in all holy and honourable obedience should yeeld vnto the Magistrates and Ministers all such loue reuerence feare and obeysance herein as the Lord by his sacred worde prescribeth and their owne saluation requireth Againe that neither the Magistrate withâ—â—â— true instruction from the Ministers nor the Ministers without due authoritie from the Magistrate ought to wrest any thing into the gouernment of the Church For both offices and gouernments magistracie and ministerie are very holy and honourable and being seuerall tend to seuerall ends and bring forth seuerall euents in the administration and gouernment of the Church the one is the mouth the other is the hande of God the one by word the other by sworde ought to execute the Lords iudgements in the Lords house The Prophet Esay at the commaundement of the Lord
single man commit fornication with a single woman not espoused to any he is to endâ— wher with a dowrie in stead of hir father and to take her to wife according to the like law of God in the 22. of Exod. And the canon addeth that if he refuse to marrie hir hee shall besides endowing of her bee also corporally chastised yet we haue no such necessarie exacting of a dowrye in vse among vs. e De consecrat dist 3. c. celebritatem 6. q. 1. c. omnes c. illi qui. Moreouer by the canon law euery sinnâ— is reputed to make a man infamous which is not obserued in England f c. hoc ius 12. q. 2. Likewise the canons do forbid any thing belonging to the church to be sould any whit aboue the iust value which is not required nor looked vnto in this realme g L. scimus C. de iure deliberandi l. haere ditariis C. de haered acti Furthermore though both by the ciuill law and practise in this land the heire or executor is not tyed to pay more than the inuentarie truly made will amount vnto yet the h c. in literis Ext. de rapt 16. q. 6. c. si Episcopum canon law seemeth not so to distinguish but to bind the heire or executor to whom any part of the deads goods do come to a full satisfaction And the canon law seemeth wholy to i c. 1. de torneamentis c. vnico de sagiâ— condemne by the word Torneamenta all iusting running at tilt tourney or such like commendable exercise of the body vsed in England Yea and elsewhere prohibiteth euen our notable old renowmed defence of archerie to be vsed against any christians k c. 1. 2. dist 6. Moreouer the canons cleane contrarie to the practise in many places of England do forbid all bastards to beare any office of credit or charge And I thinke that it is not ordinarily in practise in this realme if a cleargy man being a patron do present an vnworthy clearke to a benefice that thereby the right of collating should be deuolued to the superior which the l c. cum nobis Ext. de off ordinaâ—ii c. cum in cuncâ—â—s Ext. de electione canons do appoint against him as a punishment Moreouer though the canon m â— cum in off Ext. de testamentâ—â— law be directly to the contrary yet it is a general custome through England and so testified to be by the n Gl. in verb. legaâ— c. statut prouin constit de consuetud glosse in Lindewood that a beneficed person may freely declare his last wyll and testament of all 〈…〉 h mooueable goods as he is possâ—ssed of being gotten in respect of the church And againe euen against our owne prouinciall constitutions custome in some part hath very farre preuailed For the constitution prouinciall is so farre from taking away from the executors the emblements sowne vpon the glebe land by the incumbent afore his death that if hee doo o Prou. Constitutio De consuetudine c. nullus Recâ—or liue till the feast of the Annunciation of the blessed Virgin all the fruits which for the other part of the yeare are to be receiued shall be imployed to the paiment of his debts and fulfilling of his legacies and deuises which now is generally growne out of vse and the exetutors of such a beneficed person shall haue no more fruites what tiâ—â— soeuer the incumbent shall dye but that which the d 〈…〉 of his death whether it were haye corne or fruite was seuered from the free hold Which course I haue read to haue beene also obserued euen before the statute of 28 Hen 8. Besides it p 3. H. ◠〈◊〉 〈◊〉 Encumbent â—â—lâ—b 1. appeareth by diuers bookes at the common law that if a beneficed person doo die before the conception of our Ladie as they terme it being the 8. of December the emblements and corne which he had sowne before vpon his glebe-land are due to his successor and not to his executor There is another Constitution also out of vse as being such which custome hath veryâ— long preuailed againstâ— that in a cause of matrimonie 〈◊〉 sentence were giuen for the matrimonie the aduocate which was of counsell against the matrimonie should bee suspended from practise by the space of one whole yeare afterwards And againe there was a prouinciall q Prou. 〈◊〉 stit de vita honestaâ—â— clâ—ricorum 〈◊〉 constitution made being neither repugnant to the lawes of this land nor preiudiciall to hir Maiesties royall prerogatiue for certaine kinde of apparell not to bee worne by any cleargie man which I may not doubt but our Abstractor and all his complices will easilye graunt to bee past date as being foreworne by contrarye custome Like as there bee some other also which though I doo noâ— doubt but that they obteyne still the force of lawe amongst vs yet these men will willinglye yeelde to bee sufficient that they haue lost theyr string euen by custome it selfe Albeit the Abstractor left it foorth of the Minor of his mayne syllogisme as though it were not able to impeach the validitie of a lawe once established r For a Constitution prouinciall decideth that hee which denyeth that a Synod assembled may not make such lawes which may inhibit a preacher from preaching â—ill hee bee tryed is to bee excommunicated Which is to be vnderstood of such lawes as were established in conuocation before any acte of Parlement was set downe to abridge that libertye Againe Å¿ â—bidem another constitution hath dâ—creed that Where either the clergie or the people of any place haue admitted any man to preach which is not licenced there that church should be interdicted And another hath t Ibidem also determined that If a preacher before the clergie shall preach of the faults of the laitie or before the people shall preach of enormities of the clergie he shall be punished by the Ordinarie of the place according to the qualitie of his offense These fewe thus alledged being such as for the present time I could hit vpon I thought good to touch as a surplusage for the more manifest refelling of the crafty defectiue Minor of his chiefe argument which if he had dealt plainly in and had laide foorth the Medium thereof fully as it is in the act of parlement he could not but haue foreseene that hee should haue had more adoo to haue prooued all those Canons which he alledgeth to Haue beene vsed and executed before the making of the said act in such sort as he would vrge than he had to gather so much stuffe togither in view of the simple being in truth to so slender purpose in the iudgement euen of all such as be but euen meanelye skilled in those lawes To the first treatise of the Abstract That a learned ministerie is commanded by lawe A Preamble before the examination of his proofes IT
they are remooued Our author cutting the sentence off by the waste and applieng that which is spoken Falsification manifest of the Bishops negligence onelie whereby he suffereth some ministers to escape his hands whome the canons allow not to be ordeined vnto euerie minister dealing negligentlie in his function saith in stéed of it thus He shall not onelie be remooued for heresie or other greater offense but for negligence also Which corruption though it be foule in it selfe it dooth not yet beare out his issue that a minister for insufficiencie to preach is to be accompted vnworthie of the calling and therefore to be remooued 33. Section Pag. 67 68 69 70. HEe that dare wrest and falsifie texts when he quoteth them whereby others may examine them it is to be doubted much more that he will doo it when he leaueth them without quotation as in this section he hath done his two first allegations out of the ciuill lawe And therefore as now they make not anie whit to his purpose so being by me touched with the originall I find they cannot carrie anie shew or colour with them For what dooth the Remoouing of such a clearke that either will not doo seruice at all or of such as faineth himselfe to be one when he is not or the * L. qui sub praetextu C. de sacra eccles inhibition to bankers and exchangers of monie méere laie men That they leaue not off their trade vpon a bare title of collegiat men make for proofe that a minister vnworthilie promoted is to be deposed Naie the latter place which he was vnwilling to quote is by no colour appliable to this purpose Of those saith the law before the words by him alledged which vnder a pretense of deanes or collegiat men though they doo not execute that office doo yet go about to withdraw themselues from other functions we thought good to meet with such craftie packing least any should vnder colour of an office which he dooth not execute be disburdened of another dutie of him required Now these deanes and collegiat men were certeine in Constantinople which * Nouel 43. 59. Alc. c. vlt. lib. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 being appointed out of seuerall companies of trades did partlie take care of burieng dead bodies and partlie were emploied in other publike and necessarie affaires of that citie The reason of these lawes and canons which he bringeth are foure in number the first not alledged but gathered as it séemeth out of the text quoted is That a possession without canonicall institution is no sufficient establishment in a benefice And this institution that * c. ex frequentibus Ext. de instit decretall saith must be giuen by the Bishops diocesan or by his officiall to whome it apperteineth I will easilie grant vnto him that sole possession will not reléeue any minister either worthie or vnworthie for reteining of a benefice without institution Hereof will follow that all such as haue canonicall institution are without the compasse of depriuation as in this respect alone This matter of sole possession without title he also enlargeth out of a summarie of the ciuill lawe that Sole possession maketh not a senator or captaine but lawfull election For which word Election as it séemeth he rather chose to vse this summarie than the law it selfe which is that A * L. 10. ff de decurionibus man is not made a decurion onelie bicause his name is written in the table vnlesse he be also created a decurion according to lawe These decurions in the common-weale of Rome were in cities and towns corporate as senators were in the citie of Rome but not senators in déed nor enioyeng all priuiledges as senators And in this regard the law saith A * L. 33. c. de decur li. 10. decurion or if I may so terme him a senator of his owne court And therfore our author descrieth his ignorance in translating him a senator but most of all when he englisheth him also a capteine But if so be herein any thing had sounded to his purpose yet he could not haue reasoned from the function of a decurion to the calling of a minister Et ex aduerso except the lawe had made a paritie betwixt them Else might I as well reason bicause the lawe will not haue a * L. 11. ff de decurionibus decurion chosen aboue fiftie fiue yeres of age that therefore a minister may not be ordeined aboue that age And bicause a man * L. 6. C. de decur that cannot read is not forbidden to exercise the calling of a decurion therefore such a man may also be a minister The next is bicause prescription dooth not reléeue him that inioieth any thing without a simple Meaning and vpright conscience Which men so ordeined he saith doo not but are vniust possessors in their owne conscience therefore by their owne craft and guile or lewd practise they are not to reape benefit If by his words So ordeined he meane either all made according to the booke by law established or all such as were made without popular election then hath he left vs by this collection no ministerie in England except perhaps two or thrée leape-lands which like neither of order nor ordering on this side of the sea But if he meane onlie such as are not able to preach then should he haue prooued his Minor that all such are vniust possessors euen in their owne knowledge which now he taketh as granted by his olde woonted fallacie of Petitio principij which neuer falleth him at such a pinch as this And séeing such ministers haue at the least the outward forme of calling by law and are to be intended to haue a persuation that they are inwardlie also called and as all other men naturallie are parcialie affected in matters tending to their own worldlie behoofe it can not be doubted but that they will denie that that his assertion that they should be guiltie to their owne consciences of vntusf possessing their places Furthermore his Maior proposition is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a méere stranger to this purpose séeing no minister claimeth the holding of his roome by prescription which requireth a number of yéeres for the fulfilling of it but by a iust canonicall title at his first entrance Againe if we estéeme it by the ciuill * Text. in l. vnica C. de vsucap transfor law a prescription of ten years betwixt those that be present of twentie yeares betwixt those that be absent is sufficient where good faith was ment at the beginning that * L. qui. scit § bâ—â—e fidei ff de Osuris is where the prescriber did not knowe the thing to be another mans although perhaps he doubted thereof notwithstanding that afterwards within the processe of that time he knew it to be another mans yea by the law a man which at the * L. si quis emptionis §. quod
he imagineth and by his owne onelie balance trieth to be vnlearned Are not truelie called nor mooued by the Holie-ghost as it is vncharitable in termes of christianitie so is it not warrantable by lawe Naie if we should admit such a contract and stipulation to be concluded betwixt the Bishop and the minister and that guile and deceit had therein such a stroke that by no compensation it could be saued but that the action were voidable yet neuerthelesse séeing he maketh it A stipulation and sure bond by words by méere law the action and contract shall stand good till it be reuersed as he himselfe His owne reason recorâ—ed against him confesseth till when both in name and déed they may in law be truelie called ministers Yea and further if that whole contract and stipulation were Ipso iure euen by common right méerelie void yet hereof cannot be inferred as he dooth that such Are intrudors yea and not so much as in name ministers Séeing these demands and answers are but solemnities about that action yet not the sole and onlie solemnities thereof but least of all are they of the substantiall forme of ordination which reacheth no further than to the authoritie of ministration giuen when the Bishop hauing praied dooth with the ministers present laie on their hands vpon him that is ordeined And therefore that which as a corollarie he buildeth here vpon that séeing this contract fraudulentlie contriued cannot bind either of the parties Much lesse can it tie the common wealth or church of Christ dooth all vnder one receiue an answer But that which he saith of wicked promises and othes against honestie which bind no man to kéepe them dooth argue that he careth not what he saie so he saie any thing Is there any thing I praie you in those demands and answers which he as it séemeth meaneth by An oth against good manners and by wicked promises which is not most godlie and fit to be vsed in such an action yea and is such as whereof diuers times in this booke he hath vrged a strict obseruation Of like skill and discretion is that which hée bringeth out of the impossibilitie of performance of such conditions by the minister to prooue the contract betwixt the minister and him void Bicause no man can be tied to impossibilities For if those promises there to be made are such impossible * Dynus in reg impossibilium things as the law meaneth that is either by nature impossible as to be in two places at once or in fact as to go from hence to Rome in a daie or by lawe being forbidden as to sell mine hand vnto you for a yéerelie annuitie then hath he by his owne construction shut out of doores not onlie vnlearned but all other ministers ordeined according to the order of this church of England from being true ministers But thanks be to God his malice and his might in reasoning are not alike and neither are those interrogatories and answers any contract nor the cheefe part of that action nor yet doo conteine any such impossibilitie But perhaps he ment that they which were vtterlie vnlearned could not possible fullie performe all which they there promised so thinking also that all impossibilitie was simple and absolute as neuer dreaming of an impossibilitie Ex hypothesi which it may be he neuer heard of or vnderstood he did therefore belike imagine that this reason also might go for good paiment amongst the rest 44. Section Pag. 89 90 91. HIS former reason of guile and deceit though it haue but a leaden point yet it serueth him to as many vses as though it were Delphicus gladius For he thereby first concludeth The contract betwixt the Bishop and the minister to be void next that Such ministers are intrudors then that They deferue not the title and name of ministers and now That the Bishop by law ought to cite such a minister Ex officio and to proceed to his deposing Truelie we are greatlie beholden vnto him as for his art herein so in that he will leaue this libertie to the Bishop to depose ministers vpon iust occasion and that procéeding Ex mero officio against them But how agréeth this with his popular election of ministers For I hope if the people with the Bishop haue the placing naie if he must but admit like a Vicechancelour whome they present vnto him then must they haue authoritie also to displace their minister for * c. 1. 2. Ext. de Capellis Monachorum c. cum plantare §. in ecclesâ—s Ext. de priuilegijs Cuius est instituere eius est destituere He that hath authoritie to place in a benefice he hath also to displace And as afore he was content to frame a part of submission for the Bishops so here in great kindship for sooth he draweth in their behalfe a processe against such a minister arguing sufficientlie his deepe insight in law being such a péece of worke as for which all the aduocates in Spire Paris Bolonia and Siuill may woonder on him and cast their caps at it for euer making such another infamous libell rather than legall syllogisme I will trusse vp this his solemne proces as short as I can in this maner You person A. B. deceiued me when I made you a minister you made an open lie you haue not kept promise either by preaching or exercising discipline in your parish you sue your neighbours for trifles and you haue not since repented you of these with diuerse others therfore I haue summoned you to depose you And by the waie I will aduise you not to thinke me vnconstant doing nothing herein but what an emperor in a lesse matter did before me and that which is for your owne benefit In his proces set out at large in his booke I obserue that he laieth a great number of faults as I take it iointlie whereof if any one be not prooued the defendant must be absolued For otherwise he must tell vs whether euerie of these which be obiected doo seuerallie deserue deposition by law Inconstancie which I thinke no man will affirme Also that which afore he called A solemne stipulation betwixt the Bishop and the partie ordeined he now termeth a Vow to GOD. Further he deduceth in his processe manie faults against the minister as Dishonouring and prophaning GOD quarelling and such like so * Spec. de posiâ—i §. 5. 1. ver item ad generallie and vncerteinlie that by law they are to be reiected being not otherwise by the defendant to be answered And he which afore had accused Both Bishop and minister of guile and collusion betweene them dooth here séeme to cleare the Bishop as being by Guile of the other partie circumuented As for the ministers Not preaching being vnlicenced and Not exercising of discipline is but friuolouslie alledged séeing no lawes doo warrant them but such as the author hath framed in his owne forge Here is also
nothing at all to the qualifieng or rebating of the edge of Gods wrath against this detestable sinne of Simonie and church-robbing His other excuse or eleuating of the sinne of simonie by the good-will of the person may be * Aristot. 3. Ethic. compared to the good will of him that to vnlade the ship in a tempest departeth in a sort willinglie with his pretious treasure which with his owne hands he casteth ouer ship-bord to saue his owne life But the patrone he saith enioieth a Right in the church-liuing by couenants Right he can not haue to that which both Gods law and mans law dooth detest and the couenants are vnhonest being by law condemned and therefore by no law doo bind either of the parties but are méerelie void 51. Section Pag. 103 104 105. HEre he resumeth againe the obiection made in fauour of the Bishops who are supposed to admit insufficient men sometimes to benefices least by a writ of Quare non admisit brought at the common law the clearke reiected to the great vexation and charge of the Bishop should notwithstanding be admitted to the benefice And saith It is an obiection not to be obiected Truth it is that this obiection is not worth the obiecting and therefore he that tooke vpon him in behalfe of others thus to frame it if his skill had béene any greater in the common lawes than it is in the ciuill he would sure haue framed it better and with some more likelihood of probabilitie For the * Br. de quare non admisit Natura breuium vetus noua writ of Quare non admisit dooth not lie vpon the reiection of a clearke by the Ordinarie for insufficiencie onelie but where the Ordinarie refuseth to admit his clearke he hauing by action at the common law recouered the aduowson of the church against some that likewise pretended right vnto it And by the * Natur. breuium ibidâ—m noua natura breuiuÌ„ fol. 47. g. writ of Quare non admisit brought if the plaintife preuaile against the Bishop he shall not thereby recouer his presentment against him but damages for not admitting And * Ibidem liger f. therefore it is to be brought in that countie onelie where the refusall was made and not in the countie where the church standeth as in Quare impedit is required where the presentment is also recouered Yet this if I doo not mistake it may contrarie to our authors intention be hereof gathered that the Bishop which shall refuse to admit such a patrones clearke for insufficiencie peraduenture as hath recouered against another man the aduowson and right of patronage of a church may vpon this writ of Quare non admisit be cast in irrecouerable damages though the clearke doo not thereby procure his institution So that we sée the Bishop which shall reiect an insufficient clearke besides the charges and trouble he may be put vnto vpon a Quare impedit yer it come to triall before the Archbishop is not otherwise cleare from all danger in this behalfe though both by ciuill canon and common law as he saith the examination and iudgement of a clearkes sufficiencie doo apperteine to the cleargie Yet the first place which for proofe hereof he bringeth out of the Autentikes Col. 9. hath no such matter but onelie sheweth in some part what kind of men such must be as are to be assumed for clearkes Likewise the last place out of the common law alledged speaketh of a clearke reiected not as insufficient but as criminous not mentioning at Impertinent allegations all to whome the examination and inquirie of his sufficiencie dooth apperteine but saith onelie that a spirituall man may know his owne clearke But as not being sure of his grounds out of the common law which he standeth vpon and yet minding to be sure to deriue and conuey all the hatred and enuie of planting insufficient ministers vpon the Bishops he teacheth the Bishop to depose such a clearke for vnabilitie whome the common law hath thrust into a benefice against his will But dooth he thinke the reach of reason of so manie notable men in the common lawes to be so short as that they will be to seeke to find an Oliuer for this Rowland Or whome they haue by a iudgement at their law found to be sufficient shall they not be able to mainteine him in his liuing once gotten being called againe into question but vpon the same cause onelie But how can this deuise stand if our authors reason Inconstancie Pag. 101. afore brought were good and generall that Whom the Bishop hath reputed meete vnto orders them he ought to repute also fit for a benefice Or with that other paradoxe of his which giueth To all the people an interest in the election of their minister Shall not they haue also according to the rule of law an interest in his reiection and deposing And what if his insufficiencie be not so great as that the law will allow his deposition in that respect onelie according to that which to this purpose hath bene alreadie spoken although the Bishop might haue good reason to induce him to thinke him vnfit for the benefice which he was presented vnto shall he neuerthelesse otherwise than law will warrant procéed to his deposing Naie if this were tollerable the Bishop might with better pretense and lesse danger or trouble vpon finding him vnfit giue presentlie Definitiue sentence against him that he is no minister at all as our author hath learnedlie taught him and then would the matter be spéedily dispatched But yet further what if the partie appeale and prosecute euen till it come to hir Naiestie and make the Bishop the partie appealed in euerie instance as hauing done him the iniurie Nust not the Bishop be forced either to sit downe and yéeld or else to his intollerable charges to prosecute and perhaps in the end be ouer throwen and so paie charges also which the appellant hath defraied Iruelie if euerie Bishop should follow this plat and should séeke to depose from the ministerie whom our author iudgeth no minister for insufficiencie he had néed to be either indued with a Dictators power without all appeale or else to haue as much liuing as halfe the Bishops in England onelie to be expended in following these sutes in his owne onelie Diocesse ¶ Confess Ecclesi Helueti We condemne all vnmeet ministers not indued with gifts necessarie for a shepherd that should feed his flocke Howbeit we acknowledge that the harmelesse sim plicitie of some shepherds in the old church did sometimes more profit the church than the great exquisite and fine but something too hawtie knowledge of some others Wherfore we doo not reiect now adaies the good simplicitie of certeine so that they be not altogither vnskil full of God and of his word ¶ A necessarie Appendix concerning certeine points of externall policie and gouernement in the church occasioned vpon the authors speeches OUr author
be so soone reconciled againe with his enimie whome sometimes he wished to be broiled like S. Laurence or to be burnt like an heretike in Smithfeeld The other and more principall point concerning the declining of the church of England in ceremonies gouernement and discipline from the commandement of Christ by him and such like surmised bicause it conteineth a verie greeuous accusation of so famous and great a part of the vniuersall church and is therfore a matter of great consequence to haue this church cleared of that slander which this infamous libeller obiecteth I haue thought good for a taste to trouble the readers a little with some few and briefe collections gathered for the most part by certeine painefull and godlie learned men yet in some small portion vpon mine owne slender wading concerning these matters of externall church-policie not to any intent as I may safelie before God protest to derogate from any tolerable order established in these externall matters by any reformed church as a thing vnlawfull of to be condemned howsoeuer peraduenture some of them may be inconuenient to be vsed but onelie to shew the vanitie of this and other like affected mens assertions which By the exact description of the temple and other things about the seruice of God in the old law and because Christ was faithfull in all his fathers houshold would carrie awaie in a generalitie that therefore there is one certeine perfect and setled forme of discipline gouernement and of externall church-policie recommended and also commanded in scripture vnto vs. For if vpon examination hereof in specialties it may appeare that the ring-leaders of this band doo not onelie differ but also be contrarie one to another in many materiall points of this their platforme which they neuerthelesse would mingle heauen and earth together for by their The soldior of Barwike pag. 3. spéeches and writings then I hope all godlie wise men will easilie sée that it is but a strong fansie which either all or at the least some of them in this behalfe be led by and that without reason they doo exact of vs to yéeld vnto them which are not at any accord or resolution among themselues nor yet with other learned men Wherevpon this will ensue and profitablie may be gathered that as it is lawfull for any particular church by the word of God to reteine what forme and circumstances of discipline and gouernement in the church not contrarie to the word of God which weieng all things therein considerable shall be thought most to tend then and there to the building vp of the liuelie stones in déed into one accouplement in Christ Iesus his mysticall bodie so that forme will fall out to be most safe which hath béene most generallie receiued and profitable practised and hath for it the approbation of the purest antiquitie in the primitiue church For it is a verie nice and a dangerous scrupulositie rather than to vse that aright which hath bene once abused that a man should go about to deuise and to laie out new platformes in church matters in which of necessitie such difficulties will dailie arise that can not by any reach of mans wit be forecast and which will bréed not onelie a continuall toile but also infinite dangerous innouations both in the church and common-weale Now as concerning the inward gouernement of the church of Christ by the spirit of God working in his children by the ministerie of the written and reuealed word and also touching the essentiall points of the outward policie and gouernement of the church consisting in the true teaching of the word of God in the due administration of sacraments according to Christes holic institution in the aduancement and furtherance of vertue with the beating downe and suppressing of sinne and impietie and in keeping the church in a quiet vnitie and good order there is no difference or varietie of opinion amongst vs. Which wholie therefore dooth rest in this point touching the forme and manner of putting this externall church gouernement in vre and practise For they affirme that * Pag. 19 20 239. Christ hath left and Commanded as perfect a rule and law for the gouernement of the church his fathers houshold by discipline as he hath doone by doctrine which is saie they by their consistories and presbyteries and also that the same is perpetuall and ought so to continue vnto the worlds end in euerie particular church Both which we denie and with all affirme that no such precise and exact forme of externall gouernment of the church by discipline as they depaint out is so much as by any example recommended vnto vs in scripture but much lesse commanded as a continuall platforme for euer to be followed To their first asseueration belong those their spéeches where they call it The presbyterie which God hath appointed the arke of God the Lords house a royall throne for Christ to sit and rule in And where other of * T. C. in epist ante lib. 2. them tell vs that The order which they contend for is that which God hath left * Admon 2. pag. 5. and that The matters they deale in are according to the verie will of almightie God Insomuch that * A libell printed in forme of a table they make him Antichrist and one who refuseth to haue Christ to rule ouer him which reiecteth their Presbyterie gouernement To their second paradox belong these and such like magnificall elne-long terms * T. C. in epist ante 2. lib. that It is the euerlasting truth of God that it is the kingdome of God in this world which onlie hath the promise of blessing and life for euermore * Admon 2. pag. 61. that this is onelie Gods order which in conscience they are forced to speake for and to vse and * T. C. in 1. lib. pag. 141. that we are expreslie charged to reteine this Segniorie till the comming of Christ to iudgement by the words of S. Paule in the sixt chapter of the first to Timothie notwithstanding Caluine dooth wholie refer it to the ministerie of Timothie And although our men who belike sée further in a milstone and can find more knots in a rush than other men doo tell vs of such a necessarie perpetuitie continuance of their presbyteriall gouernement yet * Art 23. tit aduertissement en la discipline du France the French churches reformed could not find any such setled forme of discipline so by scripture established but that it might vpon occasion be altered And therefore in the shutting vp of their booke hereof they saie thus Ces articles qui sont c These articles which are here conteined touching the discipline are not so setled amongst vs but that the vnitie of the church so requiring they may be changed And it is a world to sée consider though not onlie in this point but in many other materiall points about this gouernment our church-wrights differ both from
now nor conuenient Likewise our men doo tell vs that their elders or seniors once chosen are not but vpon some vrgent occasion to be remoued out of the presbyterie yet d Simlerus fol. 157. the church at Berna holdeth it expedient that none doo continue in that function aboue halfe a yeare except he be newlie elected And the discipline set foorth by the church of France dooth e Des anciens diacres art 7. la discipl de France testifie that The office of anciens and deacons as they vse it at this present is not perpetuall neuerthelesse they may not depart from their charges without leaue of their churches And f Danae part 2. Isag lib. 2. cap. 22. another of them saith that Although it doth not appeare what was done in this behalfe in the church when the apostles liued and albeit it be euident that in the church next to the apostles times presbyteri and deacons were chosen during life yet in their church pastors onelie are chosen for the most part for the terme of their life but deacons and presbyteri or seniors after a certeine time expired doo go forth of their office and are honestlie dismissed Furthermore g T. C. our men doo constantlie affirme that this their deuised presbyterie ought to be exected in euerie parish but another that did h Bucer partlie like of such a reformation thinketh it sufficient to haue one such consistorie established in euerie shire or diocesse And i Danae part 2. Isag lib. 2. ca. 10. Danaeus saith that in old time such presbyteries were not exected in euerie seuerall parish but in great and populous cities Which like course also somewhere to haue béene practised manie doo know and can testifie Yea and of the other side we doo read that in some one particular * Du consistoire art 8. lae discipl de France church two seuerall consistories or councels haue béene established till vpon inconueniences arising that deuise was countermanded and both reduced into one presbyterie those councels which were dissolued being permitted vpon request made to come and consult with the consistorie But now I will passe on to touch as brieslie as I can some of their iudgements touching such matters as are to be handled in their presbyteries consisting in election and abdication of church-officers in execution of the censures of the church and in decision of matters touching maners or doctrine and making of lawes orders and ceremonies Now a Admon 2. pa. 14. 31. by the platforme set downe by our reformers if anie partie stand discontented with a matter passed in the presbyterie then there lieth an appellation to the next Conference which b La discip France art 15. consisteth as the French discipline describeth of six ministers at the least from thence to a Prouinciall councell and then to a Nationall and if it can not be so finished and be also of great importance it may be againe remoued to a Generall councell But the discipline of France dooth not thinke it meet that any cause should be brought so far and therefore c Des Synodes nationaulx art 5. la discipl de France decideth that the Nationall Synod may decide definitiuelie all ecclesiasticall matters whatsoeuer And as concerning the first point although it be most euident that no one vniforme manner of electing of ecclesiasticall officers was vsed by the Apostles nor commanded to the church afterwards so that the church is left at libertie to practise that forme herein which shall séeme most conuenient considering the circumstances of time persons place yet d Admon 2. pag. 14. our Innouators doo appoint necessarilie the choise and prouiding of a pastor or doctor to rest in the next Conference whom being presented vnto them the people are of necessitie to like and allow of except there may be sufficient matter obiected against them But the discipline of France though e La discipl de France art 5. it allow euen of such ministers so they will subscribe to the articles of faith the booke of discipline as haue béene chosen by the whole multitude and f Ibid. art 4. of those ministers also that were before that time chosen by the consistorie and by one onelie minister yet they g Ibidem set downe thrée other ordinarie formes to be obserued of choosing their ministers all differing from our mens platforme One is by two or thrée ministers and the consistorie another is by the whole Conference where anie such is established with the Consistorie or Presbyterie of the place and the third as most to be wished where it may be had is by a prouinciall councell But our Abstractor varieth in conceit from all these and pricketh neerest to the platforme of Th' Anabaptists who thinke no calling into the ministerie to be according to the will of God but that which is done by the whole multitude of that congregation where he is to serue And therefore he * Abstract pa. 60. 61. 62. saith that By the statute law of this land by canon law yea and by Gods ordinance in the apostles when the deacons were chosen the people of the place destitute of a pastor must be present and giue their consent at the choise of their minister that they must giue their consents as hauing a principall interests in the action and must not onelie be eie-witnesses and eare-witnesses to the Bishops vpright dealing but also must be agents and cohelpers themselues that they haue in the choise allowance and appointment of their minister a speciall interest and prerogatiue in so much that he which thinketh this may receiue by any a counterbuffe he for his part holdeth him accursed and so vtterlie vnworthie the name of a disciple By which peremptorie and definitiue doome he hath giuen a buffe and acounterbuffe indeed not onelie to this church of England but to all our new reformers here to the French church and almost to all the reformed churches in christendome whereof verie few or none that can read of doo permit after they be once established the election of the minister vnto the whole multitude for the which cause they must remaine vnder his cursse till it shall please him of his owne meere motion without anie sute of theirs to release them againe For some * Danae par 2 Isag li. ca. 17. other of the best learned of that sort will not haue the magistrate or people to haue anie thing to doo in the election till it come to the second election or dâ—â—udication by the magistrate and the people wherein * Ibid. cap. 20. their silence he saith without anie other signe or token shall be holden for a sufficient approbation * Ibid. cap. 19. and although he thinketh it in some respects not to be vsed that two or three should be propounded to the church for the void place but rather one alone contrarie indeed to the true nature of an
of France and their owne whole platforme doo permit a ciuill Magistrate reteining his former office to be chosen a Senior in their ecclesiasticall Presbyterie so to become an ecclesiasticall person yea they doo e Ibid. art 3. prescribe to their Ministers to make pasports for passengers from one church to another which is a ciuill dutie as may appeare by the like practise by Iustices of the peace with vs. And I praie you is not this a good conuersion and a sound reason Some ciuill magistrate lawfullie is an ecclesiasticall person and gouernor Ergo some ecclesiasticall person and gouernor lawfullie is a ciuill magistrate And if some may be so what prerogatiue may be alledged for anie one which may not be shewed for others Againe it is thought by our Innouators to be a great inconuenience to be barred from publishing what bookes concerning religion they shall thinke good which appeareth by their late practises and disobedience to lawes in this behalfe yet it was thought most expedient in the reformed churches of France to f Aduertisement art 11. la discipl de France forbid that Neither ministers nor any other should cause to be printed or any otherwise published any bookes compiled by themselues or by others touching religion without imparting the said bookes first to the Conference and if need were to the Prouinciall synod Also in the reformed churches there it g Des Ministres art 11. la discipl de France was thought most méet that Noble men and great Lords to the intent all occasion of diuision might be rebated should be requested that in those places of their aboad where there was a church reformed although their owne familie were so large that it might make a sufficient Congregation yet it would please them to ioine their familie with the Congregation of that place where they did remaine And amongest vs manie be so scrupulous that they thinke those words vsed in the ordering of ministers which Christ did vse in the like action to wit Receiue the Holie-ghost to be verie fowlie abused and prophaned yet in the a La maniere de la imposition maner of Imposition of hands ordinarilie obserued in the churches of France in the election of their ministers it is set downe that the said place of S. Iohn should be amongst other places at the said time and action repeated and treated of with that also which is annexed to wit Whose sinnes ye remit c. Likewise our Reformers of others are so unwilling to be reformed conformed or vniformed themselues that they thinke they are woonderfull hardlie dealt with and beyond all example of other churches to be vrged to subscribe to the articles and confession of religion and to the manner and forme of externall discipline and gouernement vsed in this church of England whereof they are ministers yet the church of France which is so admired by them and set as a samplar by them to be imitated and according to which for the most part they haue drawne out their platformes exacteth b Des Ministres art 5. la discipl de France of euerie one That hath beene chosen a minister by the people to subscribe vnto the articles of faith and to all the order of discipline agreed vpon amongst them which if he refuse to doo he is by the Conference or by three or foure ministers of the next churches togither with their Anciens to be declared a schismatike and the people is thereof to be aduertised to the intent they may auoid such a man Also c Ibid. art 9. those which be chosen ministers must subscribe to them both in the churches where they are chosen and also in the churches whither they are to be sent Likewise d Ibid. art 11. ministers in Noble mens houses though they haue none other care are tied to this subscription Againe a Des anciens diacres art 1. la discipl de France their Seniors and Deacons are also before their admission to their offices to subscribe vnto them both And b Des professeâ—â—s ibid. further euen their Regents and Professors in diuinitie are by them required to subscribe aswell as the rest And the like order is obserued as is notorious in the most or in all the reformed churches in Germanie In all which places as we may sée it is thought a great absurditie for a man to reteine anie ecclesiasticall function in that church vnto the orders of which by law duelie established he can not find in his hart to subscribe and condescend There is yet also another materiall difference amongst them to be touched For c De Polit. eccle Reipub some of them doo attribute equall authoritie vnto all the people in this their Regiment with the Presbyterie cleane contrarie to the most platformes set downe hitherto thereof And although as we haue now heard their varieties in iudgement be so manie and so manifold yet our men are so insolent against all other orders and formes of church-gouernement and so besotted in the loue and admiration of their owne impe which they haue begotten but not as yet licked into anie perfect forme that they dare condemne all churches which are not squared in externall gouernement according to their Lesbiall leaden rule which euerie one of them will wrest and bend as his fansie will féed him on So that one of them is not ashamed to saie d Admon 1. pag. 2. that As the estate is now of the church there can be no right religion Also e Admon 2. pag. 6. that The truth in a manner dooth but peepe out as it were behind a skreene And f Admon 1. pag. 2. againe We want in England a right ministerie of God Wherein he differeth from our Abstractor as much as the Abstractor in another place differeth from himselfe who is content to allow vnto vs some to be right ministers in déed Therefore considering the great benefits of almightie God of the true preaching of his word and due administration of sacraments which by hir Maiesties ministerie he hath in mercie farre aboue descrt powred vpon vs which these vnthankfull wretches doo thus abuse and extenuat in respect that they can not obteine their owne wils we may of them trulie verifie that saieng of Gualter which he spake * Gualter in 1. Cor. 11. against such like men All these things they esteeme as nothing except a new magistracie may be erected vnto whome it may apperteine not onelie to controll euen princes themselues but also to excommunicate them Now all these contrarieties and differences in iudgement concerning their deuised church-gouernement being well weied and considered I would aske of our Abstractor or anie other affected that waie which doo imagine as perfect a lawe for the gouernement of the church by discipline as by doctrine to haue bene deliuered by Christ vnto his church Where and in whose books that law is described and plainelie proued out of the word of God vnto
will rise to a full sufficiencie But I would wish those which thinke so might be tried but for seauen yeares togither how they could mainteine themselues and what hospitalitie they would vse by the tythes offrings or contributions from some seuerall score of housholds which I could name vnto them For as at the first the chiefe of euerie priuate mans wealth consisted In pecudibus pecoribus in cattell shéepe and goates whereupon it came to be called Pecunia so about the florishing time of the monarchie of Rome the chiefest part of their wealth either consisted or was esteemed Permancipia by the number of their seruants and bondmen In somuch that this word did herevpon and by their manner of selling Per mancipationem then vsed come to signifie all their moueable goods as Praedia hereditaments signified their vnmoueables Not * L. 3. Offic. onelie saith Tullie in lands or hereditaments the ciuill law drawne from nature dooth punish ill dealing and guile but also all deceit of fellers is excluded in the sale Mancipiorum of mooueables And againe It is manifest saith * L. 3. ff de diuers tempo praescript the law that prescription of long time hath place Tam in praedijs quà m in mancipijs as well in vnmooueables as in mooueables Whereby appeareth that not the Pluralists but the Abstractor is ignorantlie or Wilfullie blind which can make by a strange Alchimie of one bondman a whole houshold and of ten of them a sufficient parish in déed fit inough to mainteine such a profound doctor as he himselfe is That which he alledgeth out of Rebuff against the practise of the Pope and church of Rome which rather in dispensations respect the vtilitie of the partie than of the church which ought chieflie to be regarded perteineth to be defended by the patrones of poperie and not to this church of England against which his forces are bent Yet it argueth both that the benefiting of the partie though not chieflie may be respected and that a dispensation may in truth tend to the benefit of the church and therefore may be lawfull euen by his owne confession 17. Section Pag. 145 146 147 148 149 150 151. THis man surelie hath a great gift of a little more boldnesse than audacitie commeth vnto which not onelie prouoketh men to the examination of his wrested racked and falsified lawes but to the hinderance of hir Maiesties seruice and that he and his conâ—ederats might in the meane time trouble the vnitie of the church would set hir Highnesse commissioners aworke one against another as the diuell in the person of Frier Rush hath béene fained to haue done amongst the couent Which as he dooth malicioustie with odious comparisons against the ecclesiasticall men in the said commission so I doubt not but withall his factious flatterie is euen lothsome and importune to all the other imploied in that commission whome he maketh Sounder and better than the ecclesiasticall men and not onelie Godlie as they are indéed but so farre foorth as though he could not bestow this Epither vpon any of the other without derogation from them Which if it be not to sowe the seeds of dissention amongst the great men of the land I know not well what may be so accompted But those ecclesiasticall men in commission whome he so sawcilie debaseth are I hope all of them so borne vp with a good conscience that they feare not either the virulent and spitefull accusations of any such Grachus or Saturnius as this is neither are they afraid to haue their dooings orderlie sifted by whomsoeuer The lawes which he would haue at his intreatie some of The commissioners to put in execution doo make void he saith euerie dispensation granted for longer time than for seauen yeares to the enioieng of mo benefices than one But if the proofes which he hath alreadie brought to prooue them Contra 〈…〉 to be vnlawfull as being against Gods lawe and mans lawe be so substantiall as he would beare the simple in hand then come in these Lawes here to no purpose euen a daie after the faire For if no law warrant them they are void in themselues without anie further respect had vnto any circumstances about their granting But a little to runne ouer his proofes The first speaketh not of dispensations for pluralitie nor of the making void of them nor of any limitation of time to inioy them or to grant them but onelie that by ordinarie course of law a man is to be resident in his benefice albeit for a time and vpon a reasonable cause the Ordinarie may dispense with him for his non residence The glosse thereof he hath falsified For it saith not that the Pope cannot but that he which FalsificatioÌ„ was then Pope did not giue faculties of perpetuall non residence such as were granted by his predecessor And he resoneth as his vse is like a deepe Logician A specie ad genus negatiuè Bicause dispensations for non residence may An absurd reason not be granted during life Therefore no dispensations at all may be perpetuall The like may be answered to the next place which speaketh not of a facultie for pluralitie but De non promouendo Whereby such as were students abroad might be suffered to reteine a benefice by the space of seauen yeares without taking anie further orders than subdeaconship which thing neuertheles the Abstractor did omit and dooth cut off with an c. But in the * c. cum ex eo de elect in 6. preface of this constitution we haue an euident example to admonish vs of the necessarie reteining of some authoritie to dispense least lawes being generallie made for publike good by occurrences falling out afterward which could not be at the first foreséene be turned indeed to the damage and detriment of the church For in this constitution it is reported how by reason of a canon made in the councell of Lyons which exacted that within one yere he that would inioy a benefice should necessarilie become préest that few or none which were learned or meant to increase their knowledge would accept of anie parochiall benefice Whervpon the Bishop of Rome was now vrged to grant vnto Bishops libertie of dispensing for the space of seauen yeares to such as would be subdeacons De non promouendo so they continued in some place of studie But what is this to the practise of our church which hath by statute no facultie in force for a beneficed person with cure of soule De non promouendo For he must needs be of a certeine age and a 13. Eliz. c. 12. deacon before he can be admitted to such a benefice and within a yeare after he must be full minister vpon the penaltie and losse of his liuing Ipso facto And yet vpon the like danger for the which it was not thought méet that this kind of facultie should be granted during life he vrgeth the cutting off at the seauen yeares end of
answers before made may suffice The first of them he would prooue by similitude of other matters wherein a bare allegation without proofe is not sufficient Which though it might well be spared as being nothing doubtfull nor necessarilie concludent to his purpose yet I must tell him that his quotations in the margent doo not warrant that which is in the discourse For * Bartol in l. 1. C. de probat Bartol in the place quoted onelie saith that the plaintiffe is to prooue his action as the defendant is his exception The place quoted out of the Authentikes Collat. § teneantur and the next Glos Doct. in proem l. 6. are new-found directions which I cannot for my part skill of except by the latter of them he shuld meane the preface vpoÌ„ the Sext where yet no such thing is found That Of restitution of a church damnified wanteth wholie proofe where he saith The like is verified of him that is dispossessed of his goods in the time of his absence beyond the seas and thereto quoteth or ment to quote C. consultationibus Ext. de offic delegati He is to vnderstand that no such thing to any like purpose is there verified but that If a man pretended himselfe to haue beene eiected out of possession through wrong or force by some that is then trauelling abroad about studie or such necessarie occasion that possession may not be awarded in this case vnto him Touching the next and second point though the dispensations we handle were such as ought to be granted according to the strict course of proceeding in lawe yet one of the foure causes which is sufficient being so easie to be prooued as he himselfe dooth confesse we shall not need to expect a concurrence of them all as he must either here haue insinuated to be requisite or else must yeeld that he talketh impertinentlie to the matter Yet both necessitie and vtilitie to haue beene looked vnto in these dispensations may be shewed though not in the prerogatiue court amongst wils and administrations as he gesseth nor yet as arising by Not teaching the people as he calmuniousâ—ie dooth suggest But bicause it is more profitable for the people of two parishes to haue a learned man sometimes to instruct them and he thereby to be well mainteined than that they should be committed to two seuerall men though abiding with them continuallie yet not able to preach to anie purpose vnto them And both the consecution hereof and the thing it selfe considering the number of congregations and the raritie in comparison of them all of able preachers in England is or may be notorious to the world Yea and they are forced to take the like course for want of able preachers in other reformed churches abroad as in Holland Zeland and other places at this day where I wis they haue not all their ministers learned and able preachers but sundrie simple though godlie artisans to serue in their meaner congregations And if he tell vs here it were better in this case to haue an vnion though this cannot so be cast that either the people may or will come togither to one place but that euen then there must be chapels for easier resort in winter and for the elder and weaker sort at all times which is all one in effect with Pluralitie séeing the auditorie receiueth partition yet it were more thanke-worthie in him or in any other that could deuise a plat not onelie how all these and other difficulties and the inconueniences of innouation may be met with in these vnions but also the meanes how it might be compassed that patrones should willinglie relinquish their inheritance herein or ioine it according to this deuise with others Per alternas ternas aut quaternas vices or how it may stand with reason to breake the founders and testators wils in this case more than in the other In his entrance into the third point he contrarieth his Contrarietie owne saiengs as well afore where he assured the commissioners they should find Manie dispensations vpon omission of some circumstances to be void and thervpon their benefices void as here where he saith The most part of dispensations to be nothing in effect at all For here he alledgeth manie lawes onelie to prooue that such faculties ought to be reuoked and made void in lawe and so confoundeth Void in law and voidable onelie by law But to this third point I answer Insomuch the Archbishop hath by statute Full power and authoritie by his discretion to dispense whereby sufficient cause is alwaie presumed and he not tied to all these solemnities and circumstances and for that neither the places by the Abstractor afore alledged doo make a dispensation simplie void where such circumstances be omitted and bicause manie things may be done in other forme and maner than law prescribeth which are not in that respect void and adâ—â—hilate as hath béene shewed in the first treatise and lastlie bicause the allegation of these omissions is a matter in fact and by himselfe but surmised without proofe that although all his allegations of law here were directlie to his purpose that yet these dispensations are neither void nor voidable But in the fourth and last place he presseth vs with authoritie of The Lords seruants who speake against them preach against them and write against them Indeed a man may be the Lords seruant and so doo though thereby it dooth not follow that either they doo well and aduisedlie therein or that they perfectlie vnderstand the matter and the exigence of the cause or that therefore the thing is impious and wicked I haue knowne as great greater exclamation vsed against meere indifferent things now by them confessed so to be as though they had béene either simplie impious or so fowlie abused that they could not haue any tollerable vse euen by as godlie and learned men as these are which now he speaketh of But it is the abuse of some few carelesse men and not of the matter it selfe which giueth occasion of that offense which is taken and it were vnreasonable bicause caterpillers some yeare haue bred in your orchards in that respect to hew downe all your trees The philosopher saith Whatsoeuer hath his vse may be abused sauing vertue And so whatsoeuer may be abused being not simplie vicious and wicked may be well vsed And it is not the continuall aboad amongst their parishoners which none of them all doo nor the often but the sound orderlie and pithie preaching vpon necessarie points that dischargeth the dutie of the pastor who may be in truth as bad as Non resident though he were continuallie nailed to the pulpit as Luther once pleasantlie spake of Pomeran And those which by following this theame doo shoot at nothing else but to tie vp a good and learned diuine to a petit and meane salarie by yeare let them be assured that desolation of the exact studie of diuinitie and other good learning whereby onelie
ministrare quos curare deberet ne diuer simode inficeret eosdom moribus exemplo It is perillous for the people vnder him to whome hee ought to minister the Sacraments and whome hee ought to heale that he diuersly infect them not with his manners and examples for that Diluere aliena peccata non valet is quem propria deuastant He cannot put away other mennes sinnes whome his owne sinnes deuoure And againe Periculosum est decentiae ecclesiae in scandalo populari It is daungerous for the Decencie of the church to be in anie publike slaunder or offence Againe Malus praelatus dicitur lupus rapiens praedam An euil prelate is saide to be a wolfe 83. distine nihil 2. q. 7. Quinec rauening his praie He is said to be Canis impudicus propter defectum regiminis A shamelesse dogge for want of gouernement Hee is saide to be Coruus propter peccatorum nigredinem As blacke as a Rauen for the foulenesse of his sinnes Hee is saide to be Sal 2. q. 7. Non omnis infatnatus ad nihilum proficiens Unsauorie salt profitable for nothing Hee is saide to be Porcus A Swine Hee is saide to be 4 c. Dist in mandaris Glos lind de offic Archis pres c. fin v. canss Capo A Capon because as a Capon can not crowe no more can a dumbe Prelate preach And to conclude Praelatus qui in doctrina mutus est non est verè Praelatus cum officium praelati non exerceat c. A Prelate which is mute in teaching is not in trueth a Prelate in so much as hee exerciseth not the office of a Prelate Pag. 29 These Canons and Constitutions not contrariant or repugnant to the Lawes Statutes or Customes of this realme neither derogatorie to her Highnesse Crowne and dignitie and therefore authorized by Act of Palament ought to haue beene better knowen and better executed by our chiefe Prelates then by the space of these 25. yeares they seeme generally to haue bene But yet besides these former decrees lawes and ordinances and the seuerall reasons principles and maximes wherevpon they were first grounded there remaineth somewhat more behind diligently to be considered the which thing the more earnestly euery man shall rightly weigh the more may he be astonished A thing done in Israell at the doing whereof it is a wonder that the eares of the hearers tingle not and the very haire of the heads of the standers by stare not for feare least the Lord in his righteous iudgement should execute his terrible vēgeance vpon them Thus standeth the case some pastoral church or churches being destitute of a Pastor or Pastors to feede the people a solemne assembly and conuocation of the chiefest of the gouernours of the Church must be gathered together and that not in an angle of a poore country village but in the chiefest citie of the Diocesse and that not on a workeday but either on the Lords day or on some other of their owne festiuall dayes and that for no small matters or to no small purpose but euen to present and offer vnto the Lord an holy sacrifice and to call vpon his most holy name To present I say vnto the Lord a present meete and acceptable for his maiestie euen men meete to serue him in his spirituall warres and to be Pastors to feede his people with spiritual foode of his holy word men meete to take vpon them the most highest and most noblest callings that he hath appointed to the sonnes of men the office and dignitie of the preaching of his holy Gospell Pag. 30 This I say is the actien wherof deliberate consideration is to be had and whereof followeth a discourse and wherein when all is done as it is imagined that can be done yet in truth there is nothing so nor so done they doe but flatter themselues bleare the eyes of others and which is most execrable as it were mocke and delude the Lord to his face Well then let vs consider what is done herein In the time of that vertuous King Coward the firt an order and forme was appointed by act of Parliament for consecrating Archbishops and Bishops and for the making of Priestes Deacons and ministers Which statute is reuiued and the same order and forme approued in the right yeare of his most excellent raigne The words of the statute are these And that such order and forme for the consecrating of Archbishops and Bishops and for the making of Priestes Deacons Ministers as was set forth in the time of the sayd late King and authorized by Parliament in the fifth and fifth yeare of the sayd late King shall stande and be in full force and effect and shall from henceforth be vsed and obserued in all places within this Realme and other the Dutines maiesties dominions and countries The title of the booke is this Pag. 31 The forme and manner of making and consecrating Bishops Priests and Deacons And first to intreat of Deacons according to Ordering of Deacons the forme of the booke you shall vnderstande that in the order and forme of making Deacons three things principally are to be obserued First the qualities requisite to be in him that is to be made a Deacon Secondly the circumstances in making him a Deacon And thirdly the proper duetie and office belonging to him that is made a Deacon Touching his qualities they must be such as were requisite for the same First he must be a man of vertuous conuersation and without crime Secondly he must be learned in the Latine tongue Thirdly he must be sufficiently instructed in the holy Scriptures Fourthly he must be a man meete to exercise his ministerie duely Fiftly he must beleeue all the Canonicall Scriptures Sixtly he must be diligent in his calling Seuenthly he must be inwardly moued to that office by the holy Ghost And as touching the circumstances First he must be called Secondly tried Thirdly examined Fourthly he must be twentie one yeares of age at the least he must be presented by the Archdeacon or his Deputie Fiftly he must be made on a Sunday or holy day Sixtly he must be made openly in the face of the Church where must be an exhortation made declaring the duetie and office as well of the Deacons towards the people as of the people towards the Deacons Lastly touching the office committed vnto him it is First to assist the minister in diuine seruice Secondly to reade holy Scriptures and Homelies in the congregation Thirdly to instruct the youth in the Catechisme Fourthly to search for the sicke poore and impotent of the parrish and to intimate their estates names and places to the Curate that they may be relieued by conuenient aimes Pag. 32 The forme of ordering Priestes COncerning the making of Ministers not onely all those thinges before mentioned in the making of Deacons but other circumstances and solemnities are required also these demaunds and answers following must be made and giuen Bishop Doe