for eternall saluation through faith in Iesu Christ And are you determined with the sayd scriptures to instruct the people committed to your charge and to teach nothing as required of necessity to eternall saluation but that you shall be perswaded may be concluded and prooued by the scripture Answere I am so perswaded and haue so determined by Gods grace Bishop Will you giue your faithfull diligence alwayes to minister the doctrine and sacraments and the discipline of Christ as the Lord hath commanded and as this realme hath receiued the same according to the commaundements of God so that you may teach the people committed to your care and charge with all diligence to keepe and obserue the same Answere I will In these two aunsweres and demaundes last specified are principally contayned two things First the Minister chargeth himselfe by a solemne vow to teache and instruct the people committed to his charge with the doctrine of holy scriptures The Discipline of Christ commaunded by Parliament Secondly the Bishop by vertue of the order and forme appointed by act of Parliament bindeth him as well to minister the Discipline of Christ within his cure as the doctrine sacraments of Christe as the Lorde hath commaunded and as this realme hath receiued it according to the commandements of God And therefore euery Minister by vertue of this statute law may as well admonish denounce and excommunicate offendours within his charge as a Byshop may within his Diocesse the wordes are copulatiues and therfore Non sufficit alterum sed oportet vtrumque fieri It is not sufficient to do one but both And these wordes before rehearsed Will you giue your faithfull diligence alwayes to Minister the Doctrine and Sacramentes and Discipline of Christe as the Lorde hath commaunded and as this Realme hath receyued the same according to the commandements 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 Christe out of which two braunches proceed two other questions First whether euery minister ought not to exercise the Discipline of Christ by force of this demaunde and aunswere as well as the doctrine sacraments Secondly whether these namely the doctrine sacramentes 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 wordes according to the commandements of God are but Synonima vnto those which went before Viz. as the Lord hath commanded and so signifie both but one thing To the first his owne promise to the Byshoppes interrogatorie bindeeth him as well to minister the Discipline as the doctrine and Sacramentes To the seconde if you aunswere that the doctrine and Sacramentes and Discipline of Christ are simplie to be ministred as the Lorde hath commaunded then it must needes followe if this Realme hath receyued the same according to the commaundement of God that the law of the Realme and the Lawe of God commaunde both one thing and so by both Lawes the doctrine and Sacramentes and Discipline are to bee ministred as the Lorde hath commaunded But if you shall saye that these thinges are to bee ministred onely as this Realme hath receyued the same though not according to the commaundement of God then these wordes of the Article following viz. As this Realme hath receyued the same according to the commaundement of God conuinceth you of a slaunderous tongue agaynst the whole state and Churche of God For hereby you accuse them of great impietie and vngodlinesse and attaynt them of high Treason to the Maiestie of God as though the intent of the whole state were to haue the Doctrine and Sacramente and Discipline of Christe ministred according to the commaundements of God in case the Lawes of the Realme had so receyued the same and not otherwise And so to haue restrayned the commaundementes of God by the Lawes of the Realme and so to haue concluded an impossibilitie limiting and restrayning the greater by the lesse and a Lawe most perfecte by a Lawe vnperfecte and not rather the contrarie to haue restrayned in deede the lesse by the greater the Lawes of the Realme by the commaundementes of God an vnperfecte Law the Lawe of man by a most perfecte and absolute Lawe the Lawe of the most Highest whiche is manifest by a threefolde repetition of the one as the Discipline of CHRISTE Secondly as the Lord commaunded Thirdly according to the commaundement of God where the Laws of the Realm are but once onely mentioned Again in the ordering of Archbishops and Bishops the Archbishopp demaundeth of the Bishop this question Will you maintain set forwarde as much as shall lye in you quietnes peace and loue amongest all men and such as be vnquiet disobebedient and cryminous within your Diocesse correct and punnishe according to such authoritie as yee haue by Gods worde and as to you shall bee committed by the ordinaunce of this Realme Doe these wordes and as to you shal be committed by the ordinaunce of the Realme restrayne and lymitte these wordes which went before to correcte and to punnishe according to suche Authoritie as yee haue by Gods worde Surely they can haue no such interpretation For the meaning of these wordes is that euery Byshoppe shoulde by the ordinauuce of the Realme haue his office committed vnto him and once hauing his office so committed vnto him by the ordinaunce of the Realm then to correcte and punnishe according to suche authoritie as hee hath committed vnto him by Gods worde and as he is appoynted by the ordinaunce of the Realme to execute Neyther hath the Bishoppe any authoritie giuen him by these wordes to correct or punnishe any otherwise then the Lawes of GOD permitte him though the Lawes of the Realme were not agreeable to the Lawe of GOD. And in like case I conclude that a minister bounde as you haue seene before to minister the Discipline of Christe ought so too minister the same as the Lorde hath commaunded though the Lawes of the realm shold not haue receiued the same For no discipline in truth cā be said to be the discipline of Christ vnlesse it be in deed ministred as the Lorde Christ hath commaunded the same should be ministred And therfore as no bishop may or ought to correct or punish any transgressour any otherwise then according to the lawes of God so no minister ought to exercise any discipline then such as the Lord Christ hath commanded If it be alleadged that our discipline vsed in the church of Englande be in very deede the very same discipline which the Lorde Christ hath commaunded which is vtterly vntrue as appeareth First and principally by the word of god Secondly by the discourses writtē betweene the learned on that behalfe Thirdly by the discipline practized by all the reformed churches and lastly by maister Nowell his Catechisme
them not with his manners and examples for that Diluere aliena peccata non valet is quem propria deuastant Hee cannot put away other mens sinnes whom his owne Sinnes deuour And againe Pericutosum est decentiae ecclesiae in scandalo populari It is dangerous for the Decencie of the Church to be in any publique slaunder or offence 83. distinc nihil Agayne Malus praelatus dicitur lupus rapiens praedam An euil prelate is sayde to be a Wolfe rauening his Praie 2. q. 7. Qui nec He is sayde to be Canis impudicus propter defectum regiminis A shamelesse dog for want of gouernment 2. q. 7. Non omnis He is sayde to be Coruus propter peccatorum nigredinem As black as a Rauen for the foulenes of his sinnes He is saide to be Sal infatuatus ad nihilum proficiens Vnsauory Salt profitable for nothing 40. dist In mandatis Glos lind de offic Archipres c. fin v. canss He is sayde to be Porcus A Swyne He is sayde to be Capo A Capon because as a Capon can not Crowe no more can a dumb Praelate 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 he exerciseth not the office of a Prelate These Canons constitutions not contrariant or repugnant to the lawes statutes or customes of this realme neither derogatory to her hignesse crowne and dignity â—…d therfore authorized by act of Parliament ought to haue beene better knowne and better executed by our chiefe Prelates then by the space of these 25. yeares they seeme generally to haue been But yet besides these former decrees lawes and ordinaunces and the seuerall reasons principles and maximes whervpon they were first grounded there remayneth somewhat more behind diligeÌ„tly to be coÌ„sidered the which thing the more earnestly euery man shal rightly weigh the more may he be astonished A thing don in Israell at the doing whereof it is a wonder that the eares of the hearers tingle not and the very hayre of the heades of the standers by stare not for feare least the Lorde in his righteous iudgement should execute his terrible vengeaunce vpon them Thus standeth the case some pastorall church or churches being destitute of a Pastour or Pastours to feed the people a solemne assembly and conuocation of the chiefest of the gouernours of the church must be gathered togeather and that not in an angle of a poore country Village but in the chiefest city of the Diocesse that not on a workday but either on the Lordes day or on some other of their own festiuall dayes and that for no small matters or to no small purpose but euen to present and offer vnto the Lorde an holy sacrifice and to call vpon his most holy name To present I say vnto the Lord a present meet and acceptable for his maiestie euen men meet to serue him in his spirituall warres and to be Pastours to feede his people with spirituall food of his holy word men meet to take vppon them the most highest and most noblest callinges that he hath appointed to the sonnes of men the office and dignitie of the preaching of his holy gospell This I say is the action wherof deliberate consideration is to be had and whereof followeth a discourse and wherin 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 them selues bleare the 〈◊〉 of others and which is most execrable as it were mock and delude the Lorde to his face Well then let vs consider what is done herein In the time of that vertuous king Edwarde the sixt an order and forme was appoynted 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 approoued in the eight yeare of hir most excellencies raigne The wordes of the statute are these And that such order and form for the consecrating of Archbishops and Bishops and for the making of Priestes Deacons and Ministers as was set foorth in the time of the sayde late King and authorized by Parliament in the fifth and sixth yeare of the sayde late King shall stande and be in full force and effecte and shall from hence foorth be vsed and obserued in all places within this Realme and other the Queenes maiesties dominions and countreis The title of the booke is this Ordering of Deacons The forme and maner of making and consecrating Bishops Priestes and Deacons And first to intreat of Deacons according to the forme of the booke you shall vnderstande that in the order and forme of making Deacons three thinges principally are to be obserued First the qualities requisite to be in him that is to be made a Deacon Secondly the circumstaunces 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 cryme 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 Fifthly he must beleeue all the Canonicall scriptures Sixthly he must be diligent in his calling Seuenthly he must be inwardly mooued to that office by the holy Ghost And as touching the circumstaunces First he must be called Secondly tryed Thirdly examined Fourthly he must be twentie one yeares of age at the least he must be presented by the Archdeacon or his deputie Fifthly he must be made on a Sunday or holy day Sixthly he must be made openly in the face of the Church where must be an exhortation made declaring the dutie and office as well of the Deacons towardes the people as of the people towardes the Deacons Lastly touching the office committed vnto him it is First to assist the minister in deuine seruice Secondly to reade holy scriptures and Homilies in the congregation Thirdly to instruct the youth in the Catechisme â—ourthly 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 almes The forme of ordering Priestes COncerning the making of Ministers not onely all those things before mentioned in the making of Deacons but other circumstances and solemnities are required also these demaundes and answers following must be made and giuen Bishop Doe you thinke in your heart that you be truely called according to the will of our Lord Iesus Christe and the order of this church of England Answere I thinke it Bishop Be you perswaded that the holy scriptures contayne sufficiently all doctrine required of necessitie
priestes and the prophetes slewe Vriah with the swoorde yet ceased not Ieremiah to stande in the Court of the Lordes house to speake vnto all the cities of Iudah all the wordes that were commaunded him to speake and kept not a word backe 2 Kin. 23. 3. When Hilkiah the priest had found the booke of the lawe and caused Iosiah to reade the same it is written that the KING stoode by the piller and made a couenant before the Lorde that he the KING and the priestes and the prophetes and all the people both small and greate should walke after the Lorde and keepe his commaundementes and his testimonies and his statutes with all their hearte and with all their soule And that the KING commaunded Hilkiah the high priest and the priestes of the seconde order to bring out of the Temple of the Lorde all the vessels that were made for Baall and for the grooue and for all the host of heauen and that the KING burnt them without Ierusalem in the fieldes of Kidron and that the KING carryed the powder of them into Bethel and that HE put downe the Chemerym and that HE brake downe the houses of the Sodomites and that HE brake the images in peeces c. When the spirite of the Lorde came vpon Azariah to tell Asa and all Iudah and Beniamin that the Lorde was with him whilest they were with him encouraged them in their affliction to turne vnto the Lorde God of Israell for that their confidence and trust in him shoulde not be frustrate but haue a rewarde Asa hearing these wordes of the prophet was encouraged and tooke away all the abhominations out of the lande of Iudah and Beniamin And King Asa deposed Maachah his mother from hir regency And Asa brake downe hir idoll and stamped it and burnt it at the brooke Kidron 2. Chroâ—… and king Asa did all these thinges at the councell of the Prophet Neither can the holy doctrine of the Gospell be sayde to be repugnaunt herevnto God is euer more one and the selfe same God in all ages he is euermore the authour of peace and order not of discord or disorder If therefore the Lord haue not yet gratiously opened hir maiesties eyes to vnderstand all singular misteries of his Testament or if he will some blemish to remaine in the gouernment of a faithfull Queene vnder the Gospell as it pleased him to haue blottes in the raigne of good kings in the time of the law or if he will that the aduersaries of Iudah and Beniamyn hyre counsellers to trouble their building and hinder their deuise all the dayes of Cyrus or if he will the Temple to be built in the dayes of Esra the chiefe priest but the walles to be reedified by a Eliashib and his brethren or if he will haue his Church tary his holy leasure and appoynted time or if he haue any other glorious purpose to work in our dayes by hir highnes what is that to him that is a minister of the Gospell Onely it behooueth him to be a faithfull Steward in his function For an woe hangeth ouer his head if he preach not because necessitie is layde vppon him And let him be assured that whatsoeuer is either bounde or loosed by him in earth the same is bounde and loosed by the Lorde in heauen The repentaunt and faithfull shall be forgyuen The obstinate and impenitent shall bee hardened And thus hauing deliuered my mynde touching these thinges which otherwise by synister construction might haue beene daungerous to my selfe and offensiue to others Touching the former cauill I answere as followeth First I confesse that euery one meete and apt to teach that euery one qualified as is requisit that euery one mooued inwardly by the holye Ghoste and outwardly called and appoynted by the bishop hauing authoritie by the order of this church of England in this behalfe is in deed by law a minister First because he is indeed truth a messenger sent appoynted to this office by the Lord him selfe Secondly he is a minister by the law of this land For the state of this man learned qualified and inwardly called and the state of the vnlearned vnqualified and not inwardly mooued differ as much as light darknes For where the life the learning the conuersation the paines of the former doe appeare in deede to be sincere sufficient honest and diligent euen such as the law it selfe requyreth should be in him and so the ende of the law satisfied in that behalfe in this case and for this man there is a presumption Iuris de iure of law and by law that in his outward calling and triall c. all thinges requyred by lawe were accordingly perfourmed by the bishop and so he a lawfull minister But touching the other man it is quite contrarie and therefore this presumption by law must cease Glos extrauag de prebend cum secundum Apostolum verdiceat For where his life his learning his conuersation do appeare manifestly to be vile corrupt and vnhonest and not such as the law requyreth and so the law frustrated in this case there is a presumption Iuris de iure of lawe and by lawe against him that he came to his office per surreptionem by stealth and vnorderly Letters obtayned for enioying benefices vntill it appeare they were obtayned either veritate tacita or falsitate expressa truth concealed or falsehoode expressed are good and to be obeyed but if afterwardes either of these appeare they shall bee accounted surreptitious and voyde A Bull or dispensation from the Pope authentically sealed is presumed to haue beene gotten bona fide in good faith but if in the tenor thereof appeare false latine it is then presumed to haue been obtayned per surreptionem A sentence giuen by a iudge is presumed to be a iuste iudgement and euery one for the authoritie and reuerence of the Iudge ought so to deeme of the same But in case the matter be appealed and there be found a nullitie in his processe the former presumption ceaseth and the sentence as an iniurious sentence is to be reuersed In like maner if a Bi. should make an hundreth ministers in one day for the authoritie and reuerence of the bishop and the good opinion I ought to conceiue of his vpright and sincere dealing of his holy religion and feruent zeale to the lordes house were I absent and sawe not his proceedinges to be contrary to law as I ought so I trust I should both esteeme his doinges therein to be lawfull and orderly and also reuerence those whom he had so made as messengers sent from the Lord. But if afterwarde when any of them shall come to execute his office of ministerie when he came to teach the people he shoulde then manifest him selfe to be but an Hipocrite but to haue fayned a certaine kinde of holinesse and zeale when he shall him selfe discrie his owne vnablenes and displaye his wantes were it
cōmon weale also lesse sinful to the lord then the other Lesse hurtful because the pore needy of the one haue oft a good sliuer of bread a good dish of drink at the patrōs doore yea sometimes a good meales meat at his table and a good fier in his hall But touching the Hospitallitie and housekeeping of a non resident his Kitchion Chimneis are euer like the Nose of a Dog euer colde neuer warme his Baylye playeth Sweepe Stake hee purseth his Wheate in a Six peny Bagge and carryeth his Barley in a little Budget sometimes Forty Miles sometimes an Hundred sometimes three hundreth from his Parsonage yea out of Ireland into Cambridge out of VVales into Oxenford from beyonde Lincolne to Salisbury from besides Leycester to Comberland from Malburne to Harley Lesse sinfull to the Lorde because the Patrone enioyeth his right by couenauntes and good will of him that by Lawe is reputed the lawfull person and whome he hath presented yea oftentimes also with the consent of the people whose Clearke they willingly receiue to be placed amongest them But the person Nonsident against his promise to his patrone against his oth to his Ordinary without consent of the people against the law of man against the Ordinance of the Lord robbeth spoileth the people of the tenth of their labours liueth idely by the sweate of other mens brows But to let passe the aunswere made before to the Pluralitie man and to speak no more of the Byshops owne wilfull negligence in making vnlawfull ministers that therfore hee hath no cause to complaine against patrones for preferring vnlawful men to benefices whō he hath vnlawfully preferred to so hie offices therefore not to be pitied in case by law he were punished because he should haue looked before hee had leaped I say to let this passe yet the obiection made before in their defence is an obiection in truth not to be obiected The trial of the ability of the person presēted whether it consist in learning or in life is and euer hath bene onely in the authority of the Church and neuer in the power of the Laitye Authent de sanct epis §. clericos col nona First touching the enquirye of their ability for learning to leaue to speake of the Canon Lawe which altogether attributeth the same vnto the cleargy the ciuill law and the Canon Lawes of this realm agree herein together and attribute the enquiry thereof to the cleargy onely The Ciuill law sayth thus Authent vt clericus qui reced § illud quoque coll quint. If they which are chosen by them as men vnworthy be forbidden to be ordeyned then let the most holy B. procure such to be ordeined whom he shall thinke meetest And thus we decree moreouer that thing to belong to the honour and worship of your seate that none buylding a Church or otherwise bestowing almes vpon them that minister therein bee thus bolde as by power to bring vnto your reuerence men to be ordeyned but our minde is that by your holinesse and iudgement they be examined touching the Idoneitie of a parson presented to an Ecclesiasticall benefice by the lawes of the Realme the examination of him likewise pertayneth to the Ecclesiasticall iudge and so it hath been hitherto vsed and so let it be done hereafter Articuli cleric c. 13. And againe Where the Ordinarie refuseth the Clearke for non abilitie which is in issue and the Ordinarie is partie that shall not be tryed by him because hee is partie but by the Metrapolitane if the Clearke bee aliue and if hee bee dead then by the Countrie where the examination was had 39. Ed. 3. fol. 1. Brooke title Triall 25. case And againe Where the Ordinarie after the patron hath presented doth inquire and finde the Clearke to be criminous and the time of the lapse by this meanes passe there he shall not make any collation by lapse but first giue notice vnto the partie if he be a layman but contrariwise if he be a spirituall man note the difference For he may know his owne Clearke Brooke Title Notice 6. case But were it so that the Laietie had power therein and that the Archbishop were excluded Yet if the bishop after he were compelled by processe from any of her highnesse temporall Courtes of iustice to admit an vnable Clearke did foorthwith call this vnable Clearke into his consistorie and obiect againste him his vnabilitie and for the same degrade him of his office What remedie had the same Clearke against his Ordinarie in this case Hee beeing once deposed from his office by his Ordinarie the common lawes shoulde haue nowe no remedie to helpe him he beeing no more to be called a Clearke and therefore not to bring any writ or commence any sute againste his Ordinarie in the name of a Clearke But we will conclude Since the statute of 25. Henrie 8. hath authorized all Canons constitutions and Synodalles prouinciall made before that statute not being contrariant or repugnaunt to the lawes customs of the Realme nor derogatorie to her Maiesties prerogatiue Royall to be nowe in force and executed and also since these Canons constitutions and Synodalles prouinciall before specified were made before the sayde Statute and be not contrariaunt nor repugnant to the Lawes and customes of the Realme nor derogatorie to her highnesse prerogatiue yea since they are agreeable to the Lawes and vsages of the Realme and vpholde her prerogatiue Royall And since by these Canons and other acts of Parliament and her highnesse iniunctions it is euident that men learned that men apt and meete to teache are to be placed ministers in the Churche and that men vtterly vnlearned and such as can onely read to say Mattens or Masse are not to be admitted That therefore a learned Ministerie is commaunded by the Lawes of England And if so then an vnlearned Ministerie forbidden by the same lawes and if so then by the same Lawes such penalties and corrections to be laide inflicted vpon the contemners of the said Lawes as by the sayd Lawes are wholesomly prouided againste such wilfull Lawe breakers ¶ Dispensations for many benefices vnlawfull Extra de cle non residen c. quia nonnulli c. 1. de consuet lib. 6. QVIA NONNVLLI c. For as much as some putting no measure to their couetousnesse endeuour to take many Ecclesiasticall dignities and many parrishe Churches against the ordinances of holy Canons and beeing scarce able to discharge one office yet notwithstanding challenge vnto themselues stipendes due vnto manie wee straightly commaunde that henceforth this abuse be not any more permitted And that whēsoeuer any Church or Ecclesiasticall ministerie ought to be committed we will such a parson to be sought that may bee resident in the same place and discharge the cure by himself And if any thing shal be done otherwise let both the receiuer lose that that he hath so receiued and let the giuer
maruailously wounded grieued and molested and that the soules of the people are therby not gouerned at all but left at randon to their owne direction hauing no guyde to conduct them euery one may euydently discerne dispensations in that behalfe to be altogeather intollerable hauing no ground nor foundation of reason equity or lawe but onely graunted for the priuate gayne and lucre of some couetous vaine glorious persons Wheras it may be answered that the statutes of the Realme licensing diuers Ecclesiasticall persons qualified either by degree of schoole or by seruice vnto nobilitie ought more to be respected in this behalfe then the reasons of the Canon law Herevnto I answere that for my part I heartely desire and pray vnto God that these lawes might be respected and that the law of Englande might rule an English man in this case But alas our lawes are bels without clappers they are founded but they sound not they are bandes but they binde not For thogh by the statutes of the realm certain noble mens chappleines and others graduated in the Vniuersities be qualified made capable of dispensatiōs yet I deny the laws of this realm to approue any maner of dispēsations tollerable at al for any kind of these qualified men vnles the same be Frst in cases of necessity for the peace of the cōmon weal Secondly in cases of conueniency for the honor of hir highnesse person and lastly warranted by the holy scriptures lawes of god For though the statute make some men fit men for the Archb. to work vpon and as it were anuiles for him to strike vpon yet the same statute imposeth no necessity for the B. to work without the word But if it be lawful by the word then by the law he may if he wil. But if it be vnlawful by the word thē he may not thogh he would The law followeth Be it enacted that neither the king his heires and successors kinges of this realme nor any of their subiectes of this realm nor of the kinges dominions shall from thence foorth sue to the sea of Rome or vnto any person or persons hauing or pretending any authoritie by the same for licences dispensations impositions faculties grauntes rescriptes delegacies instruments or other writings of what kind name c. for the which any licence dispensation composition faculty graunt rescript delegacie instrument or other wryting heretofore hath ben vsed and accustomed to be had and obtayned at the sea of Rome or by authority therof or of any prelate of this realm nor of any maner of other licenses dispensatiōs compositions faculties grauntes rescriptes delegacies or any other instruments or writinges that in cases of necessity may lawfully be graunted without offending holy scriptures lawes of God but that from henceforth euery such licence c. aforenamed mentioned necessary for your highnes your heires or successors your their people and subiects vpon the due examination of the causes qualities of the persons procuring such dispensations licenses c. shal be granted had obtained frō time to time within this your realm other your dominions not els where in maner and form following no otherwise that is to say the Arch. of canterbury for the time being his successors shall haue power authority frō time to time by their discretions to giue grant dispose by an instrument vnder the seal of the said Archb. vnto your Maiesty and to your heires successors kings of this realm as well all maner such licenses dispensations faculties grants rescripts delegacies instruments all other writings for cases not being cōtrary or repugnant to the holy scriptures lawes of God as heretofore hath ben accustomed to be had obtained by your Highn or any your most noble progenitors or any of yours or their subiectes at the sea of Rome or any person or persons by authority of the same al other licences dispensatiōs faculties c. in for vpon al such causes matters as shal be conuenient and necessary to be had for the honor surety of your highnes your heires successors and the wealth profit of this your realm so that the said Archb. or any his successors in no maner wise shall graunt any dispensation licence rescript or any other writing afore rehearsed for any cause or matter repugnant to the law ofalmighty god This act is renued 1. Elizab. Prouided alwaies that this act nor any thing or things therin cōtained shal be hereafter interpreted or expounded that your grace your nobles subiects intend by the same to decline or vary frō the congregation of christ his church in any thing concerning the verye articles of the catholique faith of Christendome or in any other thinges declared by holy scripture and the word of God necessary for your and their saluations but onely to make an ordinance by policie necessarye and conuenient to represse vice and for good conseruation of this Realme in peace vnitie and tranquilitie from rauyne and spoyle In which Act is set foorth vnto vs what great care and circumspection our auncestors in the twilight of the Gospel had for the abolishing of corruptions the establishing of a sincere gouernment both in the Church and common weale and how diligently and faithfully they prouided that no maner of dispensatiōs licenses or immunities shold be had or obtayned but in cases of necessitie in cases not contrary or repugnant to the lawes of God in cases wherin the wealth profit peace and conseruation of the realm requireth in cases conuenient for the honor safety of the kings person with a due confideration alwaies of the causes qualities for the which of the persons to whom any licence or immunity shold be granted And therfore out of this statute first I conclude thus against plurified men 1 Whatsoeuer cause or matter is repugnant to the law of God the Archb. may not dispence with the same 2 But the matter of hauing many benefices or being Non residents is repugnant to the laws of God 3 Therfore the Archbish may not dispence with the same Againe 1 Whatsoeuer is not necessary for the wealth peace profite and conseruation of the realm the same by this statute is forbidden 2 But that one man should enioy by way of dispensation from the Archbish liuings appointed for many men is not necessary for the wealth peace profite and conseruation of the realme 3 Therefore the same is forbidden by this statute Lastly 1 Whatsoeuer is not conuenient for the honour and safety of hir highnes person the same by this statute is forbidden 2 But it is not conuenient for the honor and safety of hir highnes person to haue the Archbish disspence for many benefices 3 Therefore by this statute the Archbish is forbidden to dispence c. THe Minor proposition of the first syllogisme hath beene already sufficiently prooued by manye in fallible conclusions of Lawe and vndoubted truethes
of this nature it is not of the nature of a priuate action betweene man and man nor of suite commenced betweene party and party but the case herein standeth betweene a meane person or a meere periuate man and the whole Church yea betweene the Lorde of Heauen and earth and a Byshop his pore creature It is not I say whether the same should bee executed by man onely because Firmius est iudicium quod plurimorum sententia confirmatur or by fewe vt facilius expedirentur negotia But whether the same should be executed onely by many and not by one because the ordinaunce of God is so And therefore the case standeth in effect thus whether a lawfull prescription by an Archbysh or Byshop agaynst a Deane and Chapter or the custome of an Archdeacon against Archbysh Bysh and Deane and Chapter by the Canon Lawe be a sound substantiall prescription and custome against the whole Church against the family of the Lord and against his ordinance For at the beginning it was not so Whereunto I aunswere that as Nullum tempus currit Regi nullum tempus currit reipub No time runneth against the King no time runneth against the common wealth so in this case and all other of the like nature Nullum tempus currit ecelesiae nullum tempus currit domino No time runneth the Church and no time runneth against the Lorde And therefore though the Byshop may perhaps affirme him selfe to haue obtayned right by prescription to excommunicate without any aduise of the Deane and Chapter yet shall he neuer be able to prooue that hee hath therefore lawfull authority to excommunicate alone sithence the vsadge of the first Church and the ordinaunce of the Lorde are quite and cleane agaynst his sayde assertion Yea I say more namely that euen by the Canon Law it selfe neither Archb. nor B. can truely iustifie any Excōmunication by one man alone at all the said popish custom now ceasing to be any more a custome For in deed the reason of this custome ceaseth to be any more a reasō for such a custom in our time the reason of the former lawes made before this custome vrgeth the same lawes to be practized again now a dayes And therfore as Cessante causa cessare debet effectus the cause ceasing the effect ought to cease vrgente ratione legis vrgenda est lex The reason of the Law vrging the Lawe is to be vrged So the sayde popishe custome ought in deede to cease and the sayde Canon Lawes ought to bee obserued Neyther is the Canon of Boniface the eyght made for the sayd custome any impediment hereunto First for that the saide custome is meerely against the worde of God with which no Pope coulde euer dispence And therefore as contrary to the Apologie of the fayth of the Church of England by no intendement of any statute or statute makers in England confirmed Secondly the Canon of Boniface made to confirme a custom not participating the nature properties and inseparable accidents of euerie good and laudable custome but onely made by a lawles absolute power contrary to the principles and axioms of Law is not confirmed by the statute of 25. vnlesse wee absurdly graunt eyther the said statute to confirme lawfull Canons and a law lesse custome or seuerally to establish a lawlesse custome and to infringe lawfull Canons For this decree of Boniface approoueth and ratifieth such a custome as hath no maner of fellowship or societie with any lawfull custom But to let these things passe and no further to vrge the defecte of the reason of the custome to abolish the custome or the efficacie of the reasons of the Law to establishe againe the law Let vs returne to the lawes and decrees before rehearsed authorising custom to binde as effectually as a law and by them let vs see whether this custome that one shoulde excommunicate alone authorized by Boniface the 8. participate the nature and proprieties of euery such custome as whereof mention is made in the lawes and decrees and if not then let vs conclude the same to be no custome at all Euery vsage is not a custome if no custome then no maner of excommunication either by lawe or custome to be vsed at all For euery vse creptin continued some long space is not therefore by and by a custom so of the nature of a law and of such power as foorthwith it may sholder out written law control cōmon right ff de consti princi l. in rebus Extra de prebend c. liceat de cleric non residen c. consuetudinē §. statuimus lib. 6. ff de legi l. Quod non Glos in c. aqua extra de consecr eccle ver consuetudine In rebus nouis constituendis euidens vtilitas esse debet vt recedatur ab eo iure quod diu obtentum est In ordeining new policies there ought to be an euident cōmodity for that law to be left that a long time hath bin obserued And againe Quod non ratione introductum est sed errore primum deinde consuetudine obtentū in aliis similibus non obtinet that that at the first was not begon by reasō but by error afterwards obteined by custom hath no place in other like cases Consuetudo quae est contra iuris naturam non prodest contra illudius non potest prescribi A custom that is against the nature of law profiteth not and against that law no prescriptiō may be For if the same shal be erronious vnreasonable not lawfully prescribed then is it of sufficient force to expel the law writtē therfore as hurtfull and preiudiciall for the gouernment of the church here after to be abrogated abolished For custome is no more priueledged then a lawe but as a law may be made dead taken away by a custome so like wise may a custome be made dead again by reuiuing a former law And though here might be vsed a peremptory chalenge against this custom begun continued in the popishe Synagogue contrary to the custome of the Church of Christ that for that cause in that respect only the same is farre vnmeet for vs therfore by vs to be vtterly abandoned Yet because we are as yet I can not tell how not altogether freed from the lawes and customes of the popish synagogue Let vs vse the reason of the same lawes to ouerthrow the same custome Neyther yet shoulde any man thinke that therefore the former popish lawes are to be approued as meete lawes for the Church of Christ to be gouerned by For weare there no other grounde of trueth that one shoulde not Excommunicate alone but the reason of the Popish law the obseruation therof wold not be vrged But because wee haue the trueth it selfe confirmed vnto vs at the commandement of the Lord by the Apostles mouth practised by the moste auncient fathers and by their authority and example drawn into
or positiue Lawe he were restrayned And therefore wheresoeuer eyther by violence or positiue lawe any one man in any one place vsurpeth power to excommunicate alone there the whole companye of the faythfull in that place is secluded from this franck ability to doe what it woulde in the spirituall seruice of the Lorde wheresoeuer I say this freedome is after this sort by a certayne violence or positiue Lawe wrested out of the power of the Church so that shee hath not free liberty to execute her will namely to banish from her society and fellowshippe all such as haue by their owne misdemeanour banished them selues from the obedience of the Lorde it must necessarily followe that therfore for one to excommunicate alone is against the liberty of the Church bringing the Church into extreame bondage and seruitude For as by the reason of the naturall man Seruitus est constitutio iuris gentium qua quis dominio alieno contra naturam subticitur Seruitude is a constitution of the lawe of nations whereby agaynst nature any man is subiect to the Dominion of another euen so by the reason of the worke of the spirite that without contradiction is to be reputed a spirituall seruitude whereby the Church of God contrary to the Law of God is brought vnder any straunge and forraine gouernment And therfore I conclude thus 1 Whatsoeuer is an ocasion that the Church of God is in subiection and bondage the same is against the liberty of the Church 2 But that custome whereby one should excommunicate alone is an occasion that the Church of God is brought into subiection and bondage 3 Therefore the same is against the liberty of the Church and if so then not lawfully prescribed and if so then no lawfull custome but a corruption THe first is prooued from the rule of contraries that whatsoeuer is affirmed in the one the same muste be denied in the other Ye were in bondage sayth the Apostle but now yee are free and therefore no more in bondage The second proposition hath beene prooued as well by the description of libertie as by the Etimoligie of bondage whereby hath been shewed the Church then to be at liberty when she may do whatsoeuer she will in the seruice of the Lorde according to the will of the Lorde And so consequently then to be in thraldome and subiection when she is bound to yeeld vnto that which is cōtrary vnto the wil of the Lorde And therefore in this respect also I may once againe conclude against the sayd custome thus 1 Euery custome which is against the liberty of the Church is a custome vnlawfully prescribed 2 But this custome namely that one should excommunicate alone is againste the libertye of the Church 3 Therefore this custome is vnlawfully prescribed BVt be it that this foresayde asserted custome were not to be reputed an erronious custome be it that the same were begun and continued by the consent and agreement of the Lordes people be it that it were not forced and violent but peaceable and without interruption be it that it were not vnreasonable and agaynst the lawe of God bee it that it were broughte in with the knowledge and consent of the Lord Christ be it that it were not agaynst the liberty of the church or against the power of ecclesiasticall discipline Though a Byshoppe might excommunicate yet a Bysh Commissary may not bee it I say that euery bishop a minister of the Gospell haue power to excommunicate alone shall it therefore followe that euery Byshops commissary or Archdeacons officiall a man not entred into the ministery a meere lay man as they cal him not capable of any such iurisdiction may do the like For though a byshop or an Archdeacon by positiue Lawe may substitute and depute another to execute iurisdiction vnder him yet notwithstanding by the same positiue Lawe hee is restrained from delegating the same to euery man without any difference or distinction of persons Extra de elect c. EPISCOPI EA QVAE SVNT c. Byshops may commit matters of iurisdiction as of iudgement excommunication and such like to others hauing no iurisdiction but notwithstanding they must bee such manner of persons as bee capable of iurisdiction but a lay man is not capable of iurisdiction Therefore hee may not excommunicate because custome can not worke that a Clearke no Byshop should exercise those thinges which are reserued to the order of a Byshop c. 10. Andre in c. ij de preb lib. 6. And the reason is Quia consuetudo non facit quem capacem because a custome maketh not one capable Euery byshop and uery minister by common right haue authoritye to preach the doctrine of faith and to minister the sacraments in his necessary absence may haue this duety herein perfourmed by another but yet neyther the Byshop neither the minister in his absence may leaue any one not called to some function in the ministery to preache the Gospell though the same partye were the godliest and wisest man in the whole country The Emperour may appoint Presidentes and Proconsuls in prouinces to be his deputies to execute iustice vnder him and in his name and the Pretor may appoint tutors and curators to pupills and orphanes but yet neither the one neither the other maye therefore appoint children or madmen or women to those offices The Lorde Chauncellour of England vnder her maiesty hath authority to place Iustices of peace in euery sheere yet can he not appoint a Spaniard or an Italian borne A bishop likewise as he himself by reason of his fūctiō the ministeri cōmitted vnto him by law positiue is made as he supposeth capable to excōmunicate so ought he to delegate the same his office only to one of the ministery not to a doctor or bacheler of law a meere lay man though he professe the gospel much lesse to a suspected or known popish doctour or bacheler of law a meere laye man too an enimy to the gospel For what authorty haue these kind of men ouer the ministers of the gospel Did euer Moses or Iosua or Dauid or Iosiah cōmanded any Ebrew not of the tribe of Leui to execute the priests office did Aaron or any his faithul successors euer supply their roomes execute their offices by one not of their owne tribe And if these men may not be foūd to haue done these things much lesse woulde they euer haue tollerated a priest of Baall or a Philistine no priest at all to haue entred into the sanctuary It was not lawful for Aaron or his Son Eleazer to cōmit the folding vp of the sanctuary vnto any of the family of the Koathites And therfore I say that a bishop or an archdeacō can no more cōmit the office of executing the disciplin of the Lord Christ to a lay man as they cal him or one that is no minister then he can cōmit the office of preaching baptising to one that is no
Extra ne cleric vel monac c. sententiam A Byshop may not bee a iustice of peace in cause of bloud SENTENTIAM c. Let no Clearke indite or pronounce a sentence of bloud neither let him put in execution any sentence of Bloude or bee present where it is exercised Neither let any clearke indite or write Letters to bee destined for the auengement of bloud Therefore in the courts of princes let not this care be committed to Clearkes but to lay men And agayne Extra de exces prelat c. extra EPISCOPVS cuius authoritate c. Abishop by whose authority manslaughter is committed is deposed from the ministery of the Alter and from his pontificall office and from the administration of his Bishopricke A Bishop eyther directly or indirectly giuing cause that manslaughter be committed the same being committed ought to be depriued from his Byshoply and Priestly office to be remooued from the administration of his Bishopricke And that this Chapter may not seeme sayth the Glosse to be vnderstood of manslaughter or murder vniustly committed or perpetrated these words are added in the Text Quia propter furtum quidam fur suspensus erat Because for theft a certayn theefe was hanged In the time of Henrie the second I finde that the sayde King gaue certayne Priuiledges and immunities vnto the cleargy the Tenor of which graunt ensueth Math. Pari. H. 2. fol. 185. ARCHIEPISCOPI EPISCOPI c. The Archbishops Byshops and all persons of the kingdome which hold of the King in cheefe let them haue their possessions of the King as a barony and thereof let them aunswere to the Kings Iusticers and Ministers and let them follow and doe all the Kings customes and as other Baronnies so shall they be present in iudgementes of the Kings Court with the Baronnes vntill the matter come to the losse of member or to death By which priuiledge graunted vnto the cleargy as I suppose our Bishops at this day haue their seates in the Starre Chamber and are Lordes of the Parliament house For before the graunt made by this King it doth not appeare they had any such priuiledges the words of the king not ratifiyng or confirming any former graunt made by his auncestors and predecessours Kings of England as in all giftes of confirmation vsually is done but gratifiyng his Clergy and other of his subiectes by giuing them newe liberties and franchises whereof before his time they were not possessed for in the graunt there is no repetition or mention of an Inspeximus wee haue seene the charters of our father grandfather or great grandfather but here is a meere and absolute graunte deriued principallye from the kings owne person H. 2. Whereby I gather that these offices in Cleargy men haue not bene of any long continuance in England and that by the ancient laws and customs of England they do not properly belong vnto them onely the King by his prerogatiue hauing power to make Barons at his royal pleasure and to appoint Iudges in his Courtes at his gratious will hath by the same his Prerogatiue graunted vnto the Cleargy that which before time by the common laws of his Empire did not appertayn vnto them and that therefore as the common weale was gouerned iustice ministred and lawes executed in the Kings Courts by the Barons before the time of this graunt by H. 2. without the ayde and assistaunce of Cleargye men euen so might the common weale at this day be as well gouerned by the like gouernment without any help frō any of them as in deede and truth the same in matters of pollicye and greate state these 24. yeares hath bene wonderfully gouerned without them For which of the Cleargy men since the Lorde sealed vp the eyes of Queene Mary hath once set his foote within the Councell Chamber dore to consult with the Nobility of matters of state Which of them hath carried any sway or borne any stroake in the Starre Chamber otherwise then as the punie Baron there hath doone And if Archbish and Bysh may be spared in the Parliament house yea may not come into that assembly at all whensoeuer any statute is to be made touching felony or treason or the losse of any member or sheading of any bloud◠I see not but they may as well be spared in matters of possessions and inheritaunces and in other matters of state and pollicy whatsoeuer and so much more rather in these then in the former by how much more the life of man is more precious then all other earthly possessions or treasures And by howe much more the taking away of the life of an innocent is more odible and heynons before the Lorde in case it be not done according to his worde In which matters the diuines are fittest to bee consulted with and whose counsels are not to be omitted least life bee taken away where it is forbidden or death take no place where it is commaunded But be it so that our B. may pretend their iurisdiction in ciuill causes to bee more auncient then from the time of K. H. the second yea be it that they may deriue the same from Edgar or Canutus before the conquest yet because Canutus ordayned that the B. of the Diocesse should be present at the Courtes of euery shire onely to teach the people Gods Lawe as Edgar before him had appointed the Shirife to be present at the assemblies and Synodes holden by the Cleargy twise a yeare onely to teach the same clergy mans Lawe namely the lawe of the Realme They are not to boast of Antiquity for their iurisdiction in causes ciuill They haue beene appointed long sithence to meete in deede in Ciuill Courts but onely to exercise the spirituall sworde But were it so that by the Lawes of Edgar and Canutus they might seeme to challendge great regalities dignities and immunities yet they know that by the Lawes of the first King and last King of the most noble most highest and most holiest king the king of al Kings our Lord Iesus Christ whose vassalls in worde they professe themselues to bee they haue no such enfranchisemēts granted vnto them yea rather that they be precisely willed being ministers of the gospel not to be called Lords or to be deuiders of inheritaunces But we will goe forward For not onely the decrees and ordinances before mentioned against seculer iurisdiction and ciuill offices in Ecclesiasticall men haue bene made and published by the B. of Rome and his Legates or Messengers for the regiment of his Cleargy a kinde of people as he saith onely to be gouerned by such positiue lawes as proceede from his brest Ciuil gouernment forbidden by the ciuill law to ecclesiasticall men But the Emperour also by the Lawes of his Empire hath directlye and absolutely commaunded the same ALIVM AVTEM FIERI c. But we suffer not a Byshop or an elder in his owne name or in the name of his Church or ministery to be made a receiuer or
rites ensignes and ceremonies c. yet now foras much as we are certaynely infourmed that they bee altogeather Antichristian and therefore expresly against the worde of God we maye and ought to vrge the generall intendement of the statute generally to take them awaye Secondly were not the foresayde popishe rites ensignes and ceremonyes Antichristian and expresly against the lawes of GOD and therefore by this braunche of the statute might bee ministred vsed and exercised yet notwithstanding it is manifest that the sayde rites ensignes and ceremonies haue not beene appoynted by the prerogatiue of anye of the Kinges of this Realme but haue beene transferred from Italye vnto Englande by a forren and vsurped power and therefore by the seconde braunch of the statute as thinges authorized contrarye to the Lawes of the Realme are not anye more to be vsed or exercised In the time of King Henry the seconde we haue seene before that this priuiledge was graunted to Archbishops and Bishops that they shoulde holde their possessions of the King as a Baronie and shoulde be present in the Kinges courtes as other of his Barons If in these dayes they did sitte them selues in their owne Consistories and exercise gouernement by the lyke authoritie their Courtes happely woulde not be so contemptible as they bee nor their iudgement seates so abused as they are The people woulde be better quyeted in those places and offer lesse iniurie to the magistrate then now they doe And therefore I conclude that though hir highnesse and the lawes indirectly and as it were alatere tollerate these men to rule and gouerne according to those forreigne lawes whereof they haue the execution yet the more faythfull and loyall euery subiect is the more he should and doth contende to haue the whole and entyre gouernement of the Church and Common weale directly immediately and absolutely to spring from hir highnesse as from the heade and fountaine vnder Christe of all gouernement to be executed amongest hir subiectes In dooing wherof they shall dutifully and Christianly more and more mayntaine hir prerogatiue The Emperour forbidding Ecclesiasticall men to vsurpe Ciuill offices lost no whit of his imperiall prerogatiue ouer the subiectes yea rather hereby he openly declared the magnificence of his Empyre and the absolute authoritie he had ouer them and that as well by forbidding things not to be doone as by commaunding thinges to bee done Enemies of reformation enemies vnto hir maiesties prerogatiue For though he spoyled them of vnlawfull preeminences yet he enriched them with lawful liberties I know not the inward intent and meaning of such as mislike to haue ciuill gouernment translated frō Archbish Bish and Archdeacons vnto the ciuill magistrate But if I may speake that which may shrewdly be suspected they may seeme to be greater enemies to hir highnes prerogatiue then others be For though outwardly in wordes they seeme to graunt vnto hir all libertye in the disposition of ciuill offices whervnto the others do likewise agree and condiscende yet they seeme in deede to be loath she shoulde drawe the sword of hir prerogatiue cut a sunder the coards of their cōsistories They graunt hir authoritie to make them selues iustices of peace and ecclesiasticall commissioners and so wage law for hir prerogatiue An easie matter for them to stande in plausible to flesh and bloud their outwarde man delighteth with outwarde pompe and credit But suppose the case stood between the Archb. Bish and Archd. and hir maiesty for hir prerogatiue in abolishing their iurisdictiō trāslating the same to others that the matter were to be decided by the gretest part of their own voyces that their voyces were to be giuen in scrutiny not any waies to be knowen who had giuē his voice with or against hir prerogatiue in this case I feare me rather then their Lordeshippes shoulde take the foyle they woulde lay hir prerogatiue in the dust selfe loue woulde haue a strooke and fleshe and bloud woulde be loath to loose any liberty The history of Henry the fifth and the Oration of Henry Chychuby Archbishop of Caunterbury made in the Parliament house to alienate the Kings minde and to disswade his Nobles from the enterprise whereof hee and they had consulted touching the ouerthrow of irreligious houses and to draw their endeuours to make warre and to leauie an armie against the French king might be a forcible argument to anye to perswade him selfe the same thing in this case though he had no other reason to induce him therevnto But the vnciuill intreaty of hir highnesse owne schollers elected by hir gratious commaundemement from Westminster to hir owne Colledges in Cambridge and Oxenforde euen by such as would seeme in words to set vp mightie propes vnder hir prerogatiue argueth manifestlye the same thing For otherwise hir maiesties schollers in all respectes as well qualified as their owne and alwayes elected halfe a yeare before their owne might once in the space of twenty foure yeares though not for their owne sakes yet for their honorable Lady and mistresse sake haue receiued some more fauourable intertainment and preferment in those houses then hitherto they haue done The maisters of those houses woulde not haue placed them next vnto the screene and set them next vnto the Porters lodge as by elections vnto fellowships in the one schoolerships in the other they a long time haue doone Whereas on the contrary side it is apparantly knowen that sometimes the Dean of Christ church in Oxenford a great friend to reformation and a man for his excellent knowledge and wisedome in gouernment singularly commended euen by his enemies in these small matters gaue an apparant and rare example of his humble dutie and loyaltie vnto hir highnes For the reuerent estimation he had caryed of vnto hir highnes ordinance and institution he placed a scholler sent thither by hir maiesties appointment firste and senior vnto all those that were elected into the house at that time he him selfe brought the same hir scholler to his chamber and placed him in a Chamber and studie commonly appoynted for the ancients of the house all his owne schollers were inferior vnto hirs and placed beneath hirs Since the departure of which man if the Audite or butterie bookes of that house were sought you shall finde hir schollers names written alwayes in the latter ende of the booke the last of forty and placed after his scholler whom hir highnesse but the day before had preferred to be a Deane or prebendary in that house The Deanes schollers they goe and sit and are placed foremost the prebendaries in the middest and hirs hindermost and if they were to go a procession as in the time of popery hirs must go foremost as vnworthiest to go next to the crosse And because hir maiestie sometimes by hir letters heretofore requested the Deane and chapiter to receiue into hir Colledge such as she thought meet to be placed Now forsoth to preuent hir bountifulnes