written of the common law is reported hath beene in times passed presented and punished in leets and law-dayes in divers parts of the Realme by the name of Letherwhyte which is as the booke saith an ancient Saxon terme And the Lord of the Leet where it hath beene presented hath ever had a fine for the same offence By the statute of those that be borne beyond the seas it appeareth that the King hath cognizance 25. Ed 3. of some bastardy And now in most cases of bastardie if not in all by the statute of Eliz. the reputed father of a bastard borne is lyable to be punished at the discretion of the justices of peace Touching perjurie if a man lose his action by a false verdict in plea Perjurie if punishable temporally in some cases why not in all of land he shall have an attaint in the Kings Court to punish the perjurie and to reforme the falsitie And by divers statutes it appeareth that the Kings temporall Officers may punish perjurie committed in the Kings temporall Courts And though it be true that such perjury as hath risen upon causes reputed spirituall have beene in times past punished only by Ecclesiastical power and censures of the Church yet hereupon it followeth not that the perjurie it selfe is a meere spirituall and not a temporall crime or matter or that the same might not to be civily punished By a statute of Westminster 25. Edw. 3. it was accorded that the Vsurie King and his heires shall have the cognizance of the usurers dead and that the Ordinaries have cognizance of usurers on life to make compulsion by censures of the Church for sinne and to make restitution of the usuries taken against the lawes of holy Church And by another statute it is provided that usuries shall not turne against any being â—0 h. 3. â— 5. within age after the time of the death of his Ancestor untill his full age But the usurie with the principall debt which was before the death of his ancestor did remaine and turne against the heire And because all usurie being forbidden by the law of God is sinne and detestable it was enacted that all usurie lone and forbearing of money c. giving dayes c. shall be punished according to the forme of that Act. And that every such offender shall also bee punished and corrected according to the Ecclesiasticall lawes before that time made against usurie By all which statutes it seemeth that the cognizance and reformation of usurie by the lawes of the Realme pertaineth onely to the King unlesse the King by his Law permit the Church to correct the same by the censures of the Church as a sin committed against the holy law of God Touching heresies and schismes albeit the Bishops by their Episcopall and ordinarie spirituall power grounded upon Canon law or an evill custome have used by definitive sentence pronounced in their Consistories to condemn men for heretikes and schismatikes and heresies schismes are punishable by the kings laws afterward being condemned to deliver them to the secular power to suffer the paines of death as though the king being custos utriusque tabulae had not power by his kingly office to inquire of heresie to condemn an heretike and to put him to death unlesse he were first condemned and delivered into his hands by their spirituall power although this hath been I say the use in England yet by the statutes of Richard the second and Henry the fifth it was lawfull for the Kings Judges and Justices to enquire of heresies and Lollards in Leets Sheriffs 25. h. 5. c. 14. turnes and in Law dayes and also in Sessions of the peace Yea the King by the common law of the Realme revived by an act of Parliament which before the Statute of Henry the fourth was altered may pardon a man condemned for heresie yea and if it should come to passe that any heresies or schismes should arise in the Church of England the king by the Lawes of the Realme and by his Supreme and 1 Eliz c. 1. Soveraigne power with his parliament may correct redresse and reforme all such defaults and enormities Yea further the king and his 1 Eliz. c. 1. parliament with consent of the Clergie in their Convocation hath power to determine what is heresie and what is not heresie If then it might please the king to have it enacted by parliament that they which opiniatively and obstinately hold defend and publish any opinions which according to an Act of Parliament already made have beene or may be ordered or adjudged to bee heresies should bee heretikes If it please the King heretikes may be adjudged felons and heresies felonies and felons and their heresies to be felonies and that the same heretiks and felons for the same their heresies and felonies being arraigned convicted and adjudged by the course of the common law as other felons are should for the same their heresies and felonies suffer the paines of death there is no doubt but the King by vertue of his Soveraigne and Regall Lawes might powerfully enough reforme heresies without any such ceremoniall forme papall observance or superstitious solemnitie as by the order of the Canon Law pretended to bee still in force have beene accustomed And as these offences before mentioned bee punishable partly by temporall and partly by Ecclesiasticall authoritie so drunkennesse absence from divine service and prayer fighting quarrelling and brawling in Church and Churchyard defamatorie words and libels violent laying on oâ— hands upon a Clarke c. may not onely bee handled and punished in a court ecclesiasticall but they may also be handled and punished by the King in his temporall courts By all which it is evident that the Clergie hath had the correction of these crimes rather by a The cognizance of all crimes as well as of some crimes â—â— the law of God belong to the King custome and by sufferance of Princes than for that they be meere spirituall or that they had authoritie by the immediate law of God And if all these as well as some of these crimes by sufferance of Princes and by a custome may be handled and punished spiritually then also if it please the King may all these as well as some of these crimes without a custome be handled and punished temporally For by custome and sufferance only some of these crimes be exempted from the cognizance of the King and therefore by the immediate law of God the cognizance as well of all as of some oâ— these crimes properly appertaineth unto the King And then the judgement of those men who defend judgements of adulterie slander c. to be more temporall and by the temporall Magistrate only to be dealt in seemeth every way to be a sincere and sound judgment Howbeit they doe not hereby intend that the party offending in any of these things and by the Kings law punishable should therefore wholly bee exempted and freed
absolutely and as really is revested in the person of the Queene as is the said spirituall authoritie Therefore as all spirituall Officers for the execution of the said spirituall power must have their authoritie derived unto them from the person of the Queene under the great Seale so likewise must all temporall officers for the execution of their temporall offices have the like commission The consequence of which enthimeme followeth not though the antecedent be true For although as well all temporall as all the said spirituall authoritie improperly so called was really and absolutely in the person of the Queene yet hereupon it followeth not that by one and the selfe same meanes alone and namely by a commission under the great Seale all temporall and the said spirituall power in every part and branch thereof should be drawne alike from the Queenes person For there be divers and sundry meanes to derive temporall authority wheras there seemeth to be but one only means to derive the said spirituall authoritie and then marke the substance of the authors argument Some temporall Officers as Stewards of Leets Constables and sundry other Officers must not draw their temporall authoritie from the Queene by a Commission under the great Seale Therefore no spirituall Officers as Archbishops Bishops Archdâ—acons and sede vacante Deanes and Chapters must draw any of their spirituall authoritie from the Queen by a Commission c. Which argument drawne from a particular affirmative unto a generall negative what weaknesse it hath every young Logician can discerne And as for Stewards of Leets though they have no Commission Though all temporall officers draw not their power from the King by the great seale yet by one meanes or other withdraw it from the King under the great Seale yet for the execution of their Stewardships they have a Commission under the Seale of the Exchequer Constables Decennary or Tythingmen and Thirdboroughs have their authorities derived unto them from the Kings person by the very originall and institution of their offices Sheriffs of Countries Coroners Escheators and Uerderors have their offices and their authorities warranted unto them by the Kings writs out of the Chancerie But it was not the minde of the Law-makers saith the Author that the Ordinaries by a commission under the great Seale should draw their said spirituall power from the Queen What the mindes of the Law-makers were touching this point it mattereth little or nothing at all Neither is it to purpose whether a commission under the great seale be necessarily required or not required by vertue of that statute 1 Eliz. c. 1. to warrant the said spirituall power unto Ordinaries Only it sufficeth that the Queen having all power improperly called spiritual invested in her Royall person and being really and actually seised of all the said supreme spirituall authoritie could not have any part of the same spirituall power drawne from her but by some one lawfull and ordinarie meanes or other For if this rule be true in every common person quod meum est sine mea voluntate à me auferri non potest how much more doth the same rule hold in the Royall prerogatives rights priviledges dignities and supremities of a King wherfore to say that all supreme and ordinarie power improperly called spirituall was really and actually inherent in the Royall person of the Queen and to say also that some of the same inferiour and ordinarie power not derived from the Queen was neverthelesse in the persons of inferiour ordinaries is as much to say that some branches of a tree may receive nourishment from elsewhere than from the root that some members of the bodie are not guided by the head and that some streames flow not from their fountaines And now to conclude this part against the Canon Law and their Offices and functions thereof I dispute thus The forraign and papall canon law with all the accessories dependances offices and functions thereof is utterly abolished out of the Realme Therefore the same law is no part of the lawes of the Realm and therefore also it is evident that there will not follow any alteration of the Lawes of the Realme by the taking of it away Which Canon Law also with other lawes and functions how easily the same without any inconveniences may bee supplied shall God willing be presently made apparant if first we shall answer to that challenge which the state of Prelacie may seeme to make for the continuance of their Lordly primacie out of the words of the great Challenge for Lordly primacy out of the great Charter answered Charter Concerning which challenge namely that by the great Charter Lordly Archiepiscopall and Episcopall primacie or jurisdiction belonging to the state of Prelacie is belonging unto them I demand unto what Church this great Charter was granted And whether it were not granted unto the Church of God in England The words of the Charter are these Concessimus Deo hâ—c praesenti Mag. Charta c. 1. Charta nostra confirmavimus pro nobis haeredibus nostris in perpetuum quod Ecclesia Anglicana libera sit habeat omnia jura sua integra libertates suas illaesas We have granted unto God and by this our present writing have confirmed for us and for our heires for ever that the Church of England be free and that she have all her rights and liberties whole and unhurt Now by this Charter if the same bee construed aright there is provision made first that such honour and worship be yeelded by the King and his subjects his and their successors and posteritie unto God as truly and indeed belongeth unto him Secondly that not only such rights and liberties as the King and his progenitors but also that such as God had endowed the Church of England with should inviolably be preserved And in very deed to speake truly and properly such rights and liberties only are to be called the rights and liberties of the Church of England which God himselfe hath given by his Law unto his universall Church and not which the Kings of England by their Charter have bequeathed to the particular Church of England When therefore question is made that by the great Charter the Kings of England are bound to maintaine the rights and liberties of the Church of England wee are to enquire and search what rights and liberties God in his holy word hath granted unto his universall Church and so by consequence unto the Church of England one part of the Catholike Church And this questionlesse was the cause that moved the victorious Prince Henry the eight so effectually and powerfully to bend himselfe against the Popes supremacie usurped that time over the Church of England For saith the King we will with hazard of our life and losse of our Crowne uphold and defend in our Realmes whatsoever wee shall know to be the will of God The Church of God then in England not being free nay having her rights and liberties
according to the great Charter whole and unhurt but being in bondage and servitude to the Sea of Rome contrary to the Law of God the King judged it to stand highly with his honour and with his oath according to the measure of knowledge which then was given unto him to reforme redresse and amend the abuses of the same Sea If then it might please our gracious Soveraigne Lord King Iames that now is treading in the Godly steps of his renowned great Vncle to vouchsafe an abolishment of all lordly primacie executed by Archiepiscopall and Episcopall authoritie over the Ministers of Christ His Highnesse in so doing could no more rightly bee charged with the violation of the great Charter than might King Henry the eight with the banishment of the Popes supremacie or than our late Soveraigne Ladie the Queene could be justly burthened with the breach of her oath by the establishment of the Gospell Nay if the Kings of England by reason of their oath had beene so straightly tyed to the words of the great Charter that they might not in any sort have disannulled any supposed rights and liberties of the Church then used and confirmed by the great Charter unto the Church that then was supposed to be the Church of God in England then belike King Henry the eighth might be attainted to have gone against the great Charter and against his oath when by the overthrow of Abbies and Monasteries he tooke away the rights and liberties of the Abbots and Priors For by expresse words of the great Charter Abbots and Priors had as ample and as large a Patent for their rights and liberties as our Archbb. and Bishops can at this day challenge for their primacies If then the rights and liberties of the one as being against the law of God be duly and lawfully taken away notwithstanding any matter clause or sentence contained in the great Charter the other have but little reason by colour of the great Charter to stand upon their pantofles and to contend for their painted sheathes For this is a rule and maxime in all good lawes that in omni juramento semper excipitur authoritas majoris unlesse then they bee able to justifie by the holy Scriptures that such rights and liberties as they pretend for their spirituall primacie over the Ministers of Christ to be granted unto them by the great Chaâ—ter bee in deed and truth likewise confirmed unto them by the holy Law of God I suppose the Kings Highnesse as a successor to K. Henry the third and as a most just inheritour to thâ— Crown of England by the words of the great Charter and by his oath if once the same wer taken to be bound utterly to abolish all Lordly primacie as hitherto upheld and defended partly by ignorance and partly by an unreasonable and evill custome ADMONITION The use and studâ—e of the Civill Law will be utterly overthrown for the Civilians in this Realme live not by the use of the Civill law but by the Offices of the Canon Law and such things as are within the compasse thereof And if you take those offices and functions away and those matters wherein they deale in the Canon Law you must needs take away the hope of reward and by that meanes their whole studie ASSERTION This collection dependeth upon his former Reason and is borrowed to prove a necessarie continuance of Canon Law and concludeth in effect thus The taking away of the reward and maintainance of Civilians will be the overthrow of the use and studie of the civill law But the taking away of the Canon Law the offices and functions thereof and such things as are within the compasse of the same will bee the taking away of the reward and maintainance of Civilians Therefore the taking away of the Canon Law will be the overthrow of the use and studie of the Civill Law But we deny the assumption and affirme that Civilians might have The maintenance of Civilians dependeth not upon the functions of the Canon law farre better reward and maintenance than now they have if the offices and functions of the Canon Law and such things as are contained within the same were simply and absolutely taken away And further we say if there were none other use nor end of the studie of the Civill Law than hope of reward and maintenance by some office and function of the Canon Law that then Civilians should in vaine seeke for knowledge in the Civill Law because without the knowledge thereof and by the onely knowledge of such things as are within the Compasse of the Canon Law they might reape that reward and maintainance Nay sithence by experience we have known that some who never unclasped the institutions of Iustinian out of the same to learne the definition of Civill Justice have beene and yet are authorized to exercise the offices and functions of the Canon Law how should the studie of the civill law be furthered by these offices and functions when as without any knowledge of the civill law these offices and functions have beene and yet are daily undertaken and executed to the full And what man then if there were none other reward for Civilians would ten or twelve yeares together beat his braine and trouble his wits in the studie of the Civill Law when every silly Canonist might bee able and learned enough to sit in the Bishops throne and to be judge in his Consistorie Besides if the Admonitor speake sooth viz. that Civilians in this Realm live not by the use of the civill Law to what end then should he feare an overthrow of the studie thereof For if there be no use of it in this Realme for the maintenance of this life to what use then should men studie the same in this Realme As for the use of it among strangers and forraigne nations without the Realme the same as I suppose is no greater than such as 3. or 4. Civilians may be able well enough fully to deliver the law touching all matters of controversie that may grow to question during the whole space of a Kings raigne If no man lived in this Realme by the trade of brewing Beere but that all Brewers did live by the trade of Brewing Ale what should we need to feare the decay of â—eere-brewers or what use were there of them in like sort if men live only by the use offices and functions of the Canon Law and that men live not as he saith by the use of the Civill law within the Realme what folly were it to studie the one whereas without the knowledge thereof he might live by the other And therefore it seemeth that the Admonitor by his owne weapon as much as in him lay hath given the whole studie of the Civill Law a most desperate and deadly wound And to the end we may understand what reward and maintenance Civilians by the Offices and functions of the Canon do receive yearly for their service and attendance in
against us that we which urge the same holy law for the bringing in of the discipline by pastors and elders should notwithstanding contrary to the same law intend the leaving out or altering any one of the three estates But which of the three estates was it that he meant should bee left out I trow there is none of the state of prelacie so ill advised as to take upon him the proof of this position viz. That the Lords spiritual The state of the prelacie is not one of the three estates in parliament by themselves alone doe make one of the three estates or that the statutes of England to this day have stood by their authorities as by the authoritie of those who alone by themselvs are to be accompted one of the three estates For if that were so how much more then might the great Peeres Nobles and temporall Lords challenge to make by themselvs an other estate And without contradiction to this day the commons summoned by the kings writ have ever been reckoned a third estate Now then if statutes have hitherto stood by authoritie of the Lords spirituall as of the first estate by the authoritie of the Lords temporall as of the second estate and by authoritie of the commons as of the third estate I would gladly be resolved what accompt the Admonitor made of the Kings estate It had not beene liegnes nor loyaltie I am sure howsoever hee spake much of the Lords spiritualls dutie and fidelitie in the execution of our late Queenes lawes to have set her Royall person authoritie and state behind the lobbie at the Parliament doore Either the kings Royall person then as not comprised within the compasse and circumcription of the three estates by his meaning which had beene but a very bad meaning must be thought to have beene hitherto secluded from authorizing the statute lawes made in Parliament Or els it is a most cleare case that the Lords spirituall themselves alone do not make any one of the three estates And what matter then of more weight may it happily seeme to be to alter the authoritie of the Lords spirituall and to leave them out of the Parliament when as notwithstanding they being left out the statutes of England may remaine and continue by authoritie of the three estates And it were not amisse for the Lords spirituall to consider that the bodie and state of the weale publike both now is and ever hath beene a perfect entire and complete bodie and State without the bodie and state of Prelacie and that the King and Nobles and Commons of the Realme without Prelates Bishops or Clerkes doe make up all the members and parts of the bodie and of the state and may therefore ordaine promulg and execute all manner of lawes without any consent Anno 36. h. 8. fo 51. h Anno m. j. fo 93. â— approbation or authoritie yeelded unto the same by the Bishops spirituall or any of the Clergie And thus much our Divines Histories and Lawes do justifie Sir Iames Dier Lord chiefe Justice of the Common pleas in his reports telleth us that the state and bodie of a Parliament in England consisteth first of the King as of the head and chiefe part of the bodie secondly of the Lords as principall members and lastly of the Commons as inferiour members of that bodie By a statute of provisoes it appeareth That the holy Church of 25. Ed. 3. holy church founded in the state of prelacie by the King England was founded into the state of prelacie within the Realm of England by the grand father of King Edward the third and his progenitors and the Earles Barons and other Nobles of the Realme and their Ancestors for them to informe the people of the law of God and to make hospitalities and almes and other workes of charitie in These uses are changed to the keeping of great horses great troopes of idlers wiâ—h long haire and great chaines of gold 6 Eliz. c. 1. The King bound to do lawes made without assent of prelates to bee kept as lawes of the realmes the places where the Churches were founded From whence it followeth First that the Archbishops and Bishops only and alone doe not make of themselves any state of prelacie but that the whole holy Church of England was founded into a state of Prelacie Secondly it is plaine that the Kings of England before they and the Earles Barons and other Nobles and great men had founded the holy Church of England into a state of Prelacie ought and were bounden by the accord of their people in their Parliaments to reforme and correct whatsoever was offencive to the lawes and rights of the crowne and to make remedie and law in avoiding the mischiefes dammages oppressions and grievances of their people yea and that the Kings were bound by their oathes to doe the same lawes so made to bee kept as lawes of the Realm though that thorough sufferance and negligence any thing should at any time be attempted to the contrary For whereas before the statute of Caerlile the Bishop of Rome had usurped the Seignories of such possessions and benefices as whereof the Kings of the Realme Earles Barons and other Nobles as Lords and Avowes ought to have the custodie presentments and collations King Edward the first by assent of the Earles Barons and other Nobles and of all the communaltie at their instances and requests und without mention of any assent of the state of prelacie in the said Parliament holden at Caerlile ordained that the oppressions grievances and dammage sustained by the Bishop of Romes usurpation should not from thenceforth be suffered in any manner And forasmuch as the grievances and mischiefes mentioned in the said Act of Caerlile did afterward in the time of King Edward the third daily abound to greater dammage and destruction of the Realm more than ever before and that by procurement of Clerks and purchasers of grace from Rome 31 Ed. 5 sta of â—â—ering the said King Edward the third by assent and accord of all the great men and commons of this Realme and without mention of any assent of Prelates or Lords spirituall having regard of the said Act of Caerlile and to the causes conteyned in the same to the honour of God and profit of the Church of England and of all this Realme ordained and established that the free elections of Archbishops Bishops and all other dignities and benefices elective in England should hould from thenceforth in the manner as they were granted by the Kings progenitors and founded by the ancestors of other Lords And in divers other statutes made by King Edward the third it is said that our soveraigne Lord the King by the assent of the great men and all the Commons hath ordained remedie c. That it was accorded by our Soveraigne Lord the King the great men and all the commons 36 Ed. 3. c. 6 8 Ed. 3. 3. statute of provisours
bishops and societie against the right and freedome of the law of God against the principles of humane fellowships against that which was in the begining and against that which the Apostles left in the Churches by colour of lawes brought into the Church by the cursings and fightings of the late Romane Bishops they would not henceforth barre and seclude the Kings Christian and faithfull people from giving their consents unto their pastours Yea and we further beseech their Lordships that are schollers unto the Apostles and as servants unto the old way of reason of nature of the law of God of the equitie of Christ and of humane societie they would hereafter imbrace that way which was from the beginning which is the old way and the best way and not any longer persist in a cursed and quarrelling way which is the new way and the worst way But if the Lords spirituall of their own accord shal not readily vouclsafe to yeeld unto us this our right at our intreatie then for my part I will briefly shew mine opinion what were expedient for the A supplieation to the king by the Lords and commons for the restitution of their right in the choice of their pastors Lords and commons in open parliament dutifully to pray and to supplicate at the Kings Majesties hand Namely At the humble petitions and supplications of all his Lords temporall and commons in Parliament assembled his majestie would bee well pleased to give his Royall assent to an act to be intituled An act for the restitution of the ancient right and freedome which the people of God in the old Churches had and which the people of England ought to have in to or about the election of their Pastours and abolishing all papal power repugnant to the same For if as it is plainly confessed the people of all Churches have right and freedome by the law of God by the equitie of Christ by the grounds of reason and nature by the principles of humane fellowships and by that which was from the beginning to elect their pastours and if also the same right and freedome being left to the old Churches and especially to the Church at Ierusalem by the Apostles have beene taken away by the cursings and fightings of the late Bishops of Rome then cannot the people without violation of those lawes rules and grounds by any Episcopall power be any more excluded from their said right and freedome than could or might the ancient jurisdiction of the Crowne of England have beene still usurped by the pope from the Kings of England ADMONITION But alas the common people of England thorough affection and want of right judgement are more easily wrought by ambitious persons to give their consâ—nt to unworthy men as may appeare in all those officâ—s of gaine or dignitie that at this day remaine in the choise of the multitude ASSERTION The Admonitor in one place of his admonition telleth us that he must not put all that he thinketh in writing and yet he writeth in this place that thing which might far better have been utterly unthought than once written for could he thinke to win the common people of England to a continuall good liking of high and stately prelacie by upbraiding and charging them to their faces in a book dedicated unto them with affection and wanting of right judgement Was this the way to procure grace favour and benevolence at their hands And albeit this slander deserved rather to have beene censured by the Commons in Parliament than by confutation to have beene answered yet for the better clearing of the right judgement of the common people giving their consents to most worthy men in all offices of gaine or dignitie remaining in their hands I thinke it necessarie to shew the indignitie of this contumelie There be I confesse in London Yorke Lincoln Bristow Exceter Norwich Coventry and other principall Cities and townes corporate Majors Sheriffes Stewards Recorders Bailiffes Chamberlains Bridge-masters Clerkes Swordbearers Knights Burgesses and such like offices some of dignitie some of gaine but that the officers of these or any other places whether of dignitie or gaine be chosen by the multitude of those places is utterly untrue for onely according to their ancient customes priviledges and Charters by the chief Citizens Townsmen and Borough-masters are those officers chosen The number also of which Electors in all places is not alike In London the Aldermen choose the Lord Major In other Cities and Townes sometimes eight and forty sometimes fourteene sometimes twelve sometimes only such as have borne office as Majors Sheriffes and Bailiffs in the same places nominate and elect their new Major Sheriffs and Bailiffes But that the Aldermen principall Towns-men Borough-masters and men having born chief offices in those cities towns and boroughs have easily been wrought by ambitious persons to give their consents unto unworthy men though it have pleased the Ll. Bb. with seene and allowed to have spred and published this saying yet that the same saying is wholly unworthy of any credit to bee given unto it or to bee regarded of any wise and indifferent man let the sober and peaceable elections made of the worthies of the land hereafter mentioned be witnesses The officers in Cities and townes corporate chosen with out contention and ambitious working of unworthy men And to leave to speake of the election of the Lord Major of the Citie of London Sheriffs Aldermen Wardens of companies Chamberlains bridge-masters and other annuall officers of honour and dignitie let us consider whether the Citizens of London have beene wrought by ambitious persons to choose M. Wilbraham M. Onslie M. Bromley to be their Recorders â—ll three afterward the Queenes solicitors and M. Bromly Lord Chancellor of England and let us consider whether the same Citizens as men of affection and want of right judgement did elect to be Recorders of the same Citie M. Serjeant Fleetwood Master Serjeant Flemming Master Serjeant Drue and how Master Crooke a man wise learned and religious and a Counseller and justicer within the principâ—litie of Wales The Recorder of the towne of Bedford is the right honourable the Lord S. Iohns of Bletsoe The Recorder of Bristoll was a long time Master Poppam now Lord chief Justice of England The Recorder of Northampton before he came to be Judge in the Kings bench was Master Serjeant Yelverton a favouter of the truth and an upright Justicer The Recorder of Warnick was Master Serjeant Puckering afterward Lord keeper of the great seale And of the same towne the Recorder now is a worthy Knight descended from a noble house Sir Foulke Grevile The Recorder of Coventrie is Sir Iohn Harrington Knight a man zealous for the true feare of God The Recorder of Chichester was M. Serjeant Lewkner now chiefe Justice in the principalitâ—e of Wales The Recorder of Norwich was Master Cooke the Kings Atturney generall And who soever shall enquire after the names and after the manner of election
trouble and expence yea and with greater priviledge than he did before Thus therefore touching the office and person of the King the duetie of the Presbyterie and people the right of the Patron and the person of the Minister to be ordained thus and thus we say and thus and thus as we think may our sayings well stand with lawes setled By an act primo Eliz. c. 1. the King hath full power and authoritie by Letters Patents under the Great Seale of England when and as often as need shall require as he shall thinke meete and convenient and for such and so long time as shall please his Highnesse to assigne name and authorize such person or persons being naturall borne subjects as his Majestie shall thinke meet to exercise use occupie and execute under his Highnesse all manner of jurisdictions priviledges and preheminences in any wise touching or concerning any Spirituall or Ecclesiasticall jurisdiction within this Realme of England Againe by the booke of ordeyning Bishops Priests and Deacons it is prescribed that the Bishops with their The Bb. and Priests must lay on their hands Priests shall lay their hands severally upon the heads of every one that receiveth Orders that every one to be made a Minister must be of vertuous conversation and without crime sufficiently instructed in the holy Scriptures a man meet to exercise his ministerie duely that he must be called tried and examined that he must be presented by the Archdeacon and be made openly in the face of the Church with prayer to God and exhortation to the people And in a statute made 21. of King Hen. 8. it is affirmed That a Bishop The Bishops must use six Chapleins at giving of orders must have sixe Chaplaines at giving of orders Besides by an ancient and lowable custome the Parishes and Parish Churches within every Archdeaconrie remaine unto this day distributed into certaine Deanries the Parson or Vicar of the auncientest Church commonly called the Mother Church of the Deanrie unlesse by Every Archdeacon divided into Deanries consent some other be chosen by the Ministers themselves hath the first place and is the chiefe director and moderator of whatsoever things are propounded in their Synodall meeting which Minister also is called Archipresbyter or Decanus curalis according to the appellation of the chief Minister of the mother or chief Church of that Diocesse who is called Archipresbiter or Decanus cathedralis so that unto this day these Ministers meeting at the Archdeacons visitations once in a yeere at the least there remaineth in the in the Church of England a certaine image or shadow of the true ancient and Apostolicall conference and meetings Wherefore from these lawes and from this ancient manner of the meetings of Ministers and of having one principal and chief Moderator amongst them according to the Apostolicall practice and usage of the primitive Church thus already setled in the Church of England wee humbly leave it to be considered by the Kings Majestie First whether it were not meet and convenient for his Highnes by his letters patentes under the great Seale of England to assigne A Minister to be ordained by the Bishops and a â—ompany of Ministeâ—s at the Kings commandement name and authorize the Bishops and six or moe Ministers within every Deanerie continually resiant upon their benefices and diligently teaching in their charge to use and execute all manner of jurisdiction priviledge and preheminence concerning any spirituall ordination election or institution of Ministers to be placed in the Parochiall Churches or other places with cure of soules within Secondly when any Parish Church or other place with cure of soules shall be voide whether it were not meet and convenient that the auncients and chiefe Fathers of that place within a time to be limited for that purpose should intimate the same vacancie unto Vacancie of a benefice to be intimated tâ— the Kingâ— office the office of the Kings civill Officer appointed for that Shire or Diocesse to the end the same Officer by authoritie from the King might command in the Kings name the Bishop and other Ministers to elect and ordaine and the people of the same place to approve and allow of some able and godly person to succeede in the Church Thirdly the Patrone if the same be a common and lay person A Lay patrone insteed of varying his Clerk may present two Clerks at one time having now libertie to vary his Clerk if he be â—ound unable whether it were not meet and convenient to avoide all manner of varying that within the time perâ—â—xed hee should nominate at one time two Clerks to bee taken out of the Uniâ—ersities or other Schooles and Nurseries of the Prophets and that the same nomination be made unto the Bishop and the said sixe Ministers to the end that both the Clerkes being tried and examined by them the abler of the two might be preferred to that charge And of this manner of presenting two Clerkes by the Patrone we have a president not much unlike in the statute for nomination of Suffraganes By which act every Archbishop and Bishop desiring to have a Suffragane hath libertie to name and present unto the King two honest and discreet Spirituall Persons c. that the King may give to one such of the said two Spirituall Persons as shall please his Majestie the title name stile and dignitie of a Suffragane Fourthly the Bishops and Presbyters having thus upon triall and A Minister found able for gifâ—s is to be sent to the parish that his life may be examined and to have the consent of the people examination found one of the Patrones Clerks to be a fit and able man to take upon him the executioÌ„ of the Ministery in that Church whether it were not then meet and convenient that by them he should forthwith be sent to the same Church as well to acquaint the people with their judgement and approbation of his gifts and abilitie to teach as also that for a time he should converse and abide amongst them to the end his life manners and behaviour might be seen into and enquired after by their carefull endeavours Fiftly the people within a time to be perfixed not making and proving before the Magistrate any just exception against his life A man allowed for gifts and Conversation is to be ordained with prayer fasting and laying on of hands A Minister to be inducted into thâ— Church bâ— the Kinâ—â— Writ manners and conversations whether it were not then meete and convenient that the Bishop with sixe â—ther Ministers or moe of the same Deanrie authorized by the King as aforesaid under some paine and within a certaine time should be bound in the presence of the Elders and people and in the same Church with fasting prayer and laying on of hands to ordaine and dedicate him to the Ministerie and Pastorall charge of that Church Lastly these things being thus finished whether it were not
Cecill TO the end I may enforme your Lordship of my dealing in this Parliament-time against the undue claimed superiority of the Bishops over their inferior brethren Thus it was Because I was in the Parliament time in the 25. yeare of King Henry the eight In which time First all the Clergie aswell Bishops as others made an humble submission to King Henry the Eighth acknowledging his Supremacie and detesting the usurpation of the Bishops of Romes authoritie Vpon which submssion of the Clergie the King gave unto the said Bishops the same ample rule that before they had under the Pope over their inferiour brethren saving that the same rule was abridged by stature by this parenthesis following that is to say without offending the prerogative Royall of the Crowne of England and the lawes and customes of the Realme In the later end of the Statute it was added that whosoever offendeth in any one part of that statute and their Aydors Counsellors and Abbettors they did all fall into the penalty of the premunire And after I had recited this statute in the Parliament house I declared that in King Henry the Eight dayes after this There was no Bishop that did practise superio rity over their inferior brethren And in King Edwards dayes the said Bishops obtained a statute whereby they were authorized to keepe their Courts in the Kings name the which statute was repealed in Queene Maries dayes and was not received in her Majesties time that now is whereupon it was doubtfull to me by what authority the Bishops do keepe their Courts now in their owne names because it is against the Prerogative Royall of the Crowne of England that any should keepe a Court without sufficient warrant from the Crowne Whereupon I was answered that the Bishops doe keepe their Courts now by prescriptions and it is true that the Bishop may prescribe that King Henry the 8. gave them authority by the statute of 25. of his raigne to have authority and rule over their inferior brethren as ample as they had in the Popes time But this was no speciall warrant for them to keepe their Courts by and that in their owne names And yet they have none other warrant to keep their Courts as they doe now in their owne names to my knowledge And this was the cause that made them obtaine a statute in King Edwards dayes to keepe their Courts by in the Kings name Now it is a strange allegation that the Bishops should claime authority at this present to keep their Courts in their own names as they do by prescription because the statute of 25. doth restraine them generally from offending of the Prerogative Royall of the Crowne of England and the Lawes and customes of the Realme And no man may justly keepe a Court without a speciall warrant from the Crowne of England as is aforesaid And the generall liberty given by King H. the 8. to the Bishops to rule and governe as they did in the Popes time is no sufficient warrant to the Bishops to keep their owne Courts in their own names by prescription as I take it And therefore the Bishops had done wisely if they had sought a warrant by statute to keepe their Courts in the Queenes name as the Bb. did in K. Edwards dayes In which time Arch. Cranmer did cause Peter Martir and Bucer to come over into this Realme to be placed in the two Vniversities for the better instruction of the Vniversities in the word of God And B. Cranmer did humbly prefer these learned men without any challenge to himselfe of any superior rule in this behalfe over his inferiour brethren And the time hath bin that no man could carry away any grant from the Crowne of England by generall words but that hee must have speciall words to carry the same by Therefore how the B. are warranted to carry away the keeping of their Courts in their owne names by prescription it passeth my understanding Moreover where as your Lordship said unto mee that the Bishops have forsaken their claime of superiority over their inferior brethren lately to bee by Gods ordinance and that now they doe only claime superiority from her Majesties supreme government If this be true then is it requisite and necessary that my L. of Canterbury that now is do recant and retract his saying in his book of the great volume against Cartwright where he saith in plaine words by the name of D. Whitgift that the superiority of B. is Gods owne institution Which saying doth impugne her Majesties supreme government directly and therefore it is to bee retracted plainly and truly For Christ plainly and truly confesseth Ioh. 18. 36. That his Kingdome was not of this world And therefore he gave no worldly rule or preheminence to his Apostles but the heavenly rule which was to preach the Gospell saying Ite praedicate in omnem mundum qnicunque crediderit baptizatus fuerâ—t salvus erit qui non crediderit condemnabitur Goe and preach in all the world whosoever shall beleeve be baptized shall bee saved but he that will not beleeve shall be condemned Mark 16. 15. But the Bishops do cry out saying that Cartwright and his fellows would have no government c. So belike the B. care for no government but for worldly and forcible government over their brethren the which Christ never gave to his Disciples nor Apostles but made them subject to the rule of Princes who ought not to be resisted saving that they might answer unto Princes that they must rather obey God than men Acts 5. 29. and yet in no wise to resist the Prince but to take up the Crosse and follow Christ FINIS
extraordinary alterations it is not only requisite to abolish all bad opinions out of the mindes of those that know not the drift of the enterprisers but it is also necessary that the defence of such alterations be made forcible against the opposition of all gainesayers we will descend to the particulars and joyne issue with the Admonitor And upon all allegations exceptions witnesses and records to bee made sworne examined and produced out of the holy Scriptures and Lawes of the Land already setled on the behalfe of our cause before our Soveraigne Lord the King his Nobles and Commons in Parliament we shall submit our selves and our cause to the Kings Royall and most Christian judgement In the meane time we averre that not only the former clause of this admonitory bill but that all other clauses following in the same bill for the invaliditie insufficiency indignitie and nullitie of them are to bee throwne out and dismissed from the Kings Court especially for that the particulars opened by the Admonitor can not serve for any reasonable warning to induce the common people to rely themselves upon his I am of opinion to the which we plead at barre as followeth ADMONITION First saith he the whole State of the Lawes of the Realme will be Page 77 altered For the Canon Law must bâ— utterly taken away with all Offices to the same belonging which to supply with other Lawes and functions without many inconveniences would bee very hard the use and studie of the civill Law will bee utterly overthrowne ASSERTION When by a common acceptance and use of speech these words whole State of the Lawes of the Realme are understood of the Common and statute lawes of the Realme that is to say of the Kings temporall Canon and civill Lawes no part of the Laws of the Realme but only by sufferance lawes and not of Canon or Civill lawes it cannot follow that the whole state of the Lawes of the Realme should be altered though the Canon and Civill Lawes with all offices to the same belonging should be utterly taken away and be wholly overthrown For no more could the Admonitor prove the Canon or Civill Law at any time heretofore to have beene any part of the Lawes of this Realme otherwise than only by ` a 25. H. 8. C. 21. in the preamble sufferance of our Kings acceptance long use and custome of our people than can any man prove a parsley-bed a rosemary-twigge or an ivie-branch to be any part of the scite of the Castle of Farnham And therefore he might aswell have concluded thus the whole scite of the Castle of Farnham will be transposed for the Boxetrees the Heythorne Arbours and the Quick-set hedges planted within the Castle-garden must bee removed and cast away which were but a proofe provelesse and a reason reasonlesse If then by the abrogation of the Canon or Civill Law scarce any one part of the lawes of this Realme should be changed what reason have we to thinke that the whole state of the lawes of the Realme must be altered Besides to conclude the whole by an argument drawne ab enumeratione partium and yet not to number the tenth part of such parts as were to bee numbred is I am sure neither good logick nor good law Moreover if all the Canon-law I mean all the Papall and forraigne Canon Law devised and ordeined at Rome or elsewhere without the Realm and consequently all the Offices and functions to the same belonging bee already utterly taken away what hope of reward can Civilians expect from the use of such things as are within the compasse of that law or of what efficacy is this argument to prove an alteration of any part of the lawes of this Realme or that the studie of the Civill Law should be utterly overthrowne For the whole state of the Lawes properly called the Lawes of the Realme hath stood and continued many years since the same Papall and Canon Law was abolished An imbasement for civilians to have preferment by offices of the Canon law The Canon law be abolished out of the realme and ought not to be used And as touching the Civilians for them to seeke after preferments by Offices and functions of the Canon Law is an embasement of their honourable profession especially since farre greater rewards might very easily bee provided for them if once they would put to their helping hands for the only establishment and practice of the Civill Law in the principall causes now handled by them in the Courts called Ecclesiasticall But how may it be proved that the Papall and forraign Canon law is already taken away and ought not to bee used in England For my part I heartily wish that some learned men in the Common Law would vouchsafe to shew unto the King and Parliament their cleare knowledge in this point In the meane season I shall not be negligent to gather and set downe what in mine understanding the Statute-Law hath determined thereof By the statute of submission 25. Hen. 8. revived 1 Eliz. as the very words and letter of the petition and submission of the Clergy of the body of the law and of the provisoes doe import the very true meaning and intent of the King and Parliament is evident and apparent to be thus as followeth and none other viz. That such Canons Constitutions and Ordinances Synodall or Provinciall which before that time were devised and ordained or which from thence orth should bee devised or ordained by the Clergie of the Realme being not contrariant or repugnant c. should only and alonely be authorised and to be put in ure and execution And consequently that all Canons Constitutions and Ordinances Papall and made by forraigne power without the Realm should wholly and utterly be abrogated adnulled abolished and made of no value The words touching the petition and submission mentioned in that Statute in substance are these Where the Kings humble and obedient subjects the Clergie c. have submitted themselves and promised in verbo Sacerdotii that they will never from henceforth presume No Canons provinciall or other to bee put in ure therefore no papall canons in force to attempt alledge claime or put in ure any Canons Constitutions Ordinances provinciall or other or enact promulge or execute any new Canons c. And where also divers Constitutions Ordinances and Canons Provinciall or Synodall which heretofore have beene enacted and be thought not only to bee much prejudiciall to the Kings prerogative Royall c. the Clergie hath most humbly besought Canons provinciall heretofore enacted being prejudiciall are to be abrogated the Kings Highnesse that the said Constitutions and Canons may be committed to the examination and judgement of his Highnesse and of two and thirty persons of his subjects c. and that such of the said Canons and Constitutions as shall bee thought and determined by the said 32. persons or the more part of them worthy to be abrogated
circumstances to be opened and made of the Testators memorie by lively testimonies either the Admonitor must condemne the kings learned and discreet Justices to bee malae mentis insanae memoriae or els it must be confessed that they be as well able to judge of the distraction of wits and unsoundnesse of memorie in a person deceased as they be to determine the question of Lunacie madnesse or idiocie in a man living If any question should arise upon the revocation of a former will of the ademption of a legacie or of a legacie given upon condition or in diem it would be no hard matter for the learned Judges upon sight of the will and proofes to be made to define which is the first and which is the last wil whether the legacie remaine or whether it be revoked whether it be legatum per rerum or in diem whether conditional or without condition And if it bee conditionall whether the same be possible or impossible honest or dishonest and if it bee in diem whether the day be past or to come But there lyeth no action at the common law for a legatorie against the executor to recover his legacie I grant But a creditor to recover his debt due by the testator upon specialtie may bring an action at the common law against the executor And then what is the cause that a creditor way recover his debt and that a legator cannot recover his legacie in the kings Court but only for that remedie could not bee given unto legatories complaynants by any writ out of the Chancery And therefore that 21 Ed. 1. statute upon the writ of consultation such plaintiffes might not be deferred of their right and remedie in such cases to their great dammage it hath pleased the kings by sufferance to tolerate the Church Officers to determine these cases Wherfore if it might please the king to cause writs to be made out of his Court of Chancerie for the recovery of Legacies it were cleare by the Common Law of the Realme as from the statute may bee gathered that the cognizance of these Cases did not appertaine any more to the Spirituall Court. For then might the legatorie by that writ bring an action against the Executor to obtaine his Legacie But how should that action bee tryed How even as other actions of debt detinue or trover bee tryed namely as the case should require either by the countrey or by the Judges upon a moratur in lege As Testaments with their adherences so likewise matters of Spousals Mariages divorces c. together with their accessories by common Matters of marriages more meete to bee decided by the Kings than by the Bishops officers right of the Imperiall Crowne did in ancient times properly appertaine to the examinations and sentences of the Emperours themselves and to their Provostes Deputies and Presidents of Cities and Provinces as by their severall titles de Testamentis Legatis Fidei commissis Nuptiis repudiis divortio dote c. in the bookes of the civill law appeareth By the Law of England also the king hath the mariage of an heire being within age and in his ward Widowes also that hold of the King in chiefe must not marie themselves without the Kings licence And by an Act made 4. and 5. Phil. and Mary there is a streight punishment provided against all such as shall take away Maidens that be inheritors being within the age of sixteen years or marry them without consent of their parents and what reason letteth them that the King might not as well have the care and cognizance of all the contracts of mariage especially of the mariage of all children and widowes in his temporall Courts as he hath of some parties to be contracted of the Dower of the joynture of the disparagment of the age of the taking away of the deflouring and of mariage without parents consent in some cases or what a very great alteration of the common law could ensue in case the Kings temporall Justices did examine and determine whether the contract were a perfect and simple or conditionall contract yea or no For if upon the statute made by Philip and Mary that maidens and women children of Noble men and Gentlemen c. being heires apparent c. and being left within age of sixteene yeares should not marry against the will or unknowing of or to the father or against c. If I say upon the publishing of this act there hath no alteration of the common law hitherto followed it is but a meere superstitious errour to feigne that a change of the Common law must follow if so be this statute were extended to all children both Sonnes and Daughters of what parentage sexe estate or age soever For if the King in his temporall Courts had the definition of all as well as of some contracts made by children without consent of parents then should a multitude of lewd and ungodly contracts made by flatterie trifling gifts faire and goodly promises of many unthrifty and light personages thereunto wonne by intreaty of persons of lewd demeanour be pronounced voide and of no efficacie yea and on the other side a number of honest lawfull and godly contracts should be confirmed and Much a doe in the Ecclesiasticall Courts about accipio accipiâ—m remaine in their full strength and force which now upon certaine frivolous and trifling quiddities and nicities of words and sillables are pronounced in the Ecclesiasticall Courts to bee no contracts And in good earnest is there now a dayes any soundnesse of reason at all to be heard amongst the Doctors and Proctors of those Courts where they informe out of the Canon law in these cases For doth not their whole dispute and information rest principally whether the contract be made by words of the present or of the future tence whether it be made with an oath or without an oath yea and do they not exceedingly besweat and besmyre themselves by turning and returning by folding and unfolding their great and hydeous volumes for proofe and reproof of accipio accipiam yea and sometimes of letters and accents If the young man and maide having both of them their parents consent shall answer only in the future tence I will have thee or I will take thee or I am content to take thee or I will have none other but thee or if ever I marry I will marry thee and do not answer directly I do take thee to mine husband or I do take thee to my wife oh it is a world to see and a wonderment to behold what canvasing heaving and shoving what a stirre quoyle and garboile the Canonists make about the lifting and removing of these fethers And whatsoever the holy Scriptures have determined of the necessitie of parents consent or of what necessitie likewise soever the “ Institu de nup. S. 1. civill law hold the consent of parents to bee yet in the Ecclesiasticall courts
that the King chiefly desiring to sustaine the people in tranquillitie and peace and to governe according to the lawes usages and franchises of his land by the assent and expresse will and accord of the Dukes Earles Barons and the Commons of his Realme and of all other whome these things touched ordained that all they c. By which desire of the King and words of the Act wee learne that our soveraigne Lord King Iames may sustaine his people The king with the assent of the nobles and commous may repeale statutes without consent of prelates 25 Ed 3. in tranquillitie and peace and governe according to the lawes usages and franchises of his kingdome though the assent and accord of Prelates bee never required to the enacting of any statute in Parliament Nay such hath beene and yet is the power of the King that with the assent and accord of the Nobles and Commons he hath authoritie to adnull and make voide even those Acts which in favour of Prelacie and assent of Prelates have beene enacted in Parliament As by an Act made in the time of King Edward the third is plainly to be seene For whereas the King by assent of the Prelates Earles c had willed and granted for him and for his heires certaine articles firmly to be kept and holden for ever namely that the Ministers of holy Church for money taken for redemption of corporall penance nor for proofe and accompt of Testaments nor for solemnitie of Mariage c. should not be impeached c. before the Kings Justices neverthelesse the same king in the same yeare with assent of the Earls Barons and other wise men of the Realme and without assent of Prelates revoked and adnulied the same articles againe Again king Richard the second hearing the complaints of his faithfull leige people and by their clamour in divers parliaments of divers abuses crept in against the solemne and devout ordinations of Churches c at the request and complaint of the commons by the advice 3 R. 2 c. 3. 7 R. 2 c. 12. and commonassent of the Lords temporall without mention of any Lords spiritual is said to have ordained That none of the kings liege people c. should take or receive within the Realm of England any procuracie c. And in the eleventh yeare of the same kings raign it is especially provided that the appeals pursuits c. made and given in the same parliament be approved affirmed and established as a thing Act. Mo. R. 2. duely made for the weale and profit of the king and of all the realm notwithstanding that the Lords spirituall and their procurators did by protestation absent them out of the Parliament at the time of the said judgement given And the like protestation being made by the Prelates and Clergie at a Parliament holden the third yeare of the same king it was replyed for the king that neither for their said protesttation The king bound by his oath to do his laws to be made though prelates protest against him or other words in that behalfe the king would not stay to grant to his Justices in that case and all other cases as was used to be done in times past and as he was bound by vertue of his oath at his coronation By all which premises it is as cleare as the Sun shining at noon day that the Lords spirituall be so farre from making any one of the three Estates as that if it please the king they may not bee so much as any member or part of any of the three Estates at all If in the time of king Henry the eight the Lords spirituall being then more in number than the Lords temporall had beene but such principall members of the high estate of Parliament as without whom neither law could The Lords spiritual no principall members of the parliaâ—ent otherwise than as the King pleaseth have beene made Monasterie nor Priorie might have beene dissolved what could the king have done as head and the Commons have done as feet and the Nobles have done as the heart the Liver and the Longs to the dislording and discloystering of the Abbots and Priors the Monkes and the Friers of those dayes In case the Prelates with their armes and with their shoulders with their hands and with their hornes had heaved and shoved and pushed and thrusted to the contrary But to come nearer unto our owne times and remembrances if it cannot be proved that above one Lord spirituall was present in parliament and gave any assent to the enacting of statutes made in the first yeare of the Queenes Majesties raigne deceased but that it bee a No Lords spirituall present in parliament 1 Eâ— cleare case that the ancient jurisdiction preeminences rights and priviledges of the kings Crowne were restored that poperie and superstition was banished and the doctrine of the holy Gospell harboured only by the Queene the Lords temporall and commons what more plaine evidence or better prooâ—e can there be that the Lords spirituall by any necessitie be neither principalls nor accessaries neither branches nor buds nor any essentiall member of the house of Parliament And of this opinion are the soundest Historians and sincerest Divines of our age In the fifteenth yeare of King Edward the third saith Master Fox divers petitions being put up in Parliament against provisions comming Act. Mâ— fol. 320. from Rome the Kings answer and agreement was made in form following viz. It is agreed by the Kings Earles Barons Justices and other wise men of the Realme That the petitions aforesaid bee made in sufficient forme of law Where it is to be noted saith hee that at the grant hereof the consent of the Bishops is neither named nor expressed with the Lords of Parliament and yet the Parliament standeth in his full force notwithstanding At an other Parliament Act. Mo. 525. saith he William Wicham Bishop of Winchester for a slanderous report savouring of a contumelious lye and proceeding of a subtile zeale meaning falshood was so by the Duke of Lancaster pursued that by act of Parliament he was condemned and deprived of all his temporall goods And this seemeth to have beene done saith Master Fox without assent and against the wills of the Lords spirituall for afterward at an other Parliament great suite was made by the Clergie for deliverance of the said Bishop and being asked a subsidie in the Kings behalfe with great lamentation they complained for lacke of their fellow and brother of Winchester and denyed to joyne themselves in any tractation of any such matter And in another Parliament holden at Yorke in the sixth yeare of King Edward the third all such Act. Mo. 519. lawes as then passed and were concluded by the King Barons and Commons were good notwithstanding the absence or malice of the Lords Spirituall For it is recorded saith he that onely the Archbishop of Yorke the Bishop of Lincolne and the Abbots
of Yorke and Silby were there present In a booke intituled the burning of Pauls Church in London 1561. and in the fift question moved by a papist it is said that this manner of ministration of Sacraments set forth in the booke of Common prayers was never allowed nor agreed upon c. no not by the Clergie of England at the last Parliament but only it was agreed upon by the Laitie which had nothing a doe with spirituall matters or causes of religion Whereunto the reverend Father Master Pilkington Bishop of M. Pilkington Bishop of Durisme Duresme answering was there not saith he a disputation for Religion appointed by the Queenes Majestie wherein your Clergie was affraid to utter their foolishnesse in defending their superstition lest they had taken more shame in answering than they did in holding their peace I thinke the Vniversities with so many places of this Realme receiving religion and these other disputing for it may bee counted to be some part of the clergie of the Realme And so it was not received without consent of the Clergie But these were not of the Parliament What then But as Ioash Josaphat Ezechias and Iosias did not make a new Religion but restored that which was defaced and had long lyen buried so our Parliament did not set forth a new religion but restore that which was godly begun before the good K. Edward confirmed by the Parliament and Clergie then c. But nothing can bee concluded as a law by Parliament say they without consent of the Clergie there present But this having not their consent cannot be counted a law as they think I had rather saith M. Pilkington leave this to be answered by the Lawyers than otherwise Yet that the world may see that something may be said in it we grant him not this to be true that no law at all can be made without consent of Bishops Look your old statutes of Parliament when Bishops were highest afore Edward the third and ye shall read that they passed by consent of the Lords temporall and commons without any mention of the Lords spirituall which statutes many of them stand in strength at this day Then it may well be gathered that the consent of the Clergie was not alwayes so necessarie as they thinke it The Lawyers Judges and Justicers put in practice and execute these lawes therefore their doings may be a sufficient reason to lead the unlearned what opinion they have of this statutes For Religion except Justice Rastall first executing that and afterward running away may condemne the rest which I trust he may not I thinke they would not execute them except they had the strength and nature of lawes If they doe contrary to their knowledge and opinion they cannot be able to answer their doings but I think no wise men are of this opinion Only these corner creepers that dare not shew their face and would deceive the people go about to deface all good and godly order that displeases them In the dayes of K. Edward they had the like fond opinion that the king could not make lawes in his minoritie untill he came unto full age and to make the people to disobey their Prince Hitherto M. Pilkington L. Bishop of Durisme with whom the most worthy and learned M. Jewell late Bishop of M. Iewel B. of Salisburie Salisburie agreeth in every point The wise and learned faith hee could have told you that in the Parliaments of England matters have evermore used to passe not of necessitie by the speciall consent of the Archbishops and Bishops as if without them no statute might lawfully be enacted but only by the more part of voyces yea although the Archbishops and Bishops were never so earnestly bent against it And statutes so passing in Parliaments onely by the voyces of the Lords temporall without the consent and agreement of the Lords spirituall have neverthelesse beene alwayes confirmed and ratified by the Royall assent of the Prince and have beene enacted and published under the names of the Lords spirituall and temporall Reade saith hee the statutes of King Edward the first there shall ye find that in a Parliament holden at S. Edmundsbury the Archb. and Bishops were quite shut forth and yet the Parliament held on and good and profitable lawes were there enacted the departing or absence or malice of the Bishops spirituall notwithstanding In the Records thereof it is written thus Habito Rex cum suis Baronibus Parliamento Clero excluso statutum est The King keeping a Parliament with his Barons the Clergie that is to say the Archbishops and Bishops being shut forth it was enacted c. In provisione de matrona in the time of K. Edward the third whereas matter was moved of bastardie touching the legitimation of bastards borne before mariage the statute passed wholly with the Lords temporall whether the Lords spirituall would or no. and that contrary to the expresse decrees and canons of the Church of Rome And thus much the most reverend and godly Father M. Iewell Bishop of Salisbury Wherefore to conlude this point against the Admonitors position I dispute thus All those persons who by any necessitie are none of the three estates aâ—d by whose authorities the statutes of England to this day have not stood to leave out the same persons may happily seem a matter of lesse weight than all men do judge it But the Archbishops and Bishops are such persons as by nâ—cessitie are none of the three estates and by whose consents the statutes of England to this day have not stood Therefore to leave out the Archbishops and Bishops may happily seem a matter of lesse weight than all men doe judge it If our Evangelicall Bishops be of that opinion of which the Popish Bishops were viz. that the house of Parliament is an unfit and an unmeet place to have the holy cause of the religion of God debated and concluded upon and that the Laitie without the clergie ought not to conclude any thing in Religion and that in respect hereof their presences their voices and their assents are necessary in the â—arliament If our Evangelicall Prelates I say make this objection then besides that hereby they unseemely unmannerly and unchristianly accuse the whole land of ignorance and blindnesse in religion supposing neither King nor Nobles nor Commons to be able to discern betweene night and day besides this I say so shamefull an abuse of a whole Christian nation I would pray them to remember what the most reverend Fathers Master Pilkington and Master Iewell have answered to such cavillous slanders For what else intended they by many examples and proofes brought for the Parliaments of England consisting of the King the Nobles and the Commons to be lawfull Parliaments and to have right to establish religion but to justifie against Popish scoffers that religion might be conceived and established in Parliament notwithstanding the absence or exclusion of the Clergie Besides since our
Seniour or Deacon Therefore much lesse shall every Parish be burdened to find a company of Seniours c Where the Admonitor complaineth that many parishes are not Tolerable and intolerable Ministers able to finde one tolerable Minister we would gladly learne by what brand tolerable Ministers are knowne from intolerable Ministers according as the Lords spirituall judge or judge not of tolerable and untolerable Ministers For if all reading Ministers as needes with them they must bee or else why doe they tolerate them bee tolerable Ministers what a vaine and idle distinction hath hee coyned touching the scarcitie of maintenance for tolerable Ministers Considering all Ministers by intendment of law bee able to reade and considering also a very small maintenance is esteemed to bee a tolerable maintenance for reading Ministers For else why doe the great Bishops in their great Churches of Commendams and the rich Doctors in their rich Churches of non residencies make so small allowances to their reading and stipendarie Curates And where then is that parish in England that is not able to maintaine a tolerable Minister ADMONITION The next Argument that the people might not choose their Pastours Pag. 78. Elders and Deacons as is required is drawne partly from a feare that the same will be a matter of schisme discord and dâ—ssenâ—ion in many places partly from affection and want of right judgement of the people partly from the unrulinesse of the Parishes and partly from the broyle and trouble which may follow ASSERTION Vnto this objection if I should answer nothing at all but only should The objection of feare c. answered deny that any feare or any other inconvenience at all pretended in this place is to be feared to ensue my simple negation were more to be tolerated than his simple affirmation for by the canon Law non inficienti sed ponenti incumbit onus probandi And yet because Doct. in â—si cui de prebâ—â—â— the Lord hath spoken unto Iosua and in him unto us all that wee should not feare nor be discouraged to observe and to doe all that is written in the law for then sâ—ith the Lord shalt thou make thy way prosperous and then shalt thou have good successe therefore in the word of the Lord I say that none of all this feare broyle trouble or turmoyle is to be feared at all Nay that it is most assuredly and without all doubt to be hoped and looked for that he would so blesse the attempt of putting this order in execution as that the peoples approbation and allowance of their Ministers should be a matter of all peace quietnesse unitie concord good successe and prosperitie to the whole Church of God in England For what an heathenish incredulitie were it for us to reply upon the erroneous conceit of a timorous and suspicious fancy that feare and I wot not what unrulinesse and unquietnesse shall follow when wee receiving the lawes of peace from the Prince of peace have his most stable truth that his peace shall rest upon us and that all feare and evill successe shall cease and vanish away No busie headed body therefore shall be able to leade any man away to disquiet either Church or common wealth otherwise than as the Church in all ages by the malice of Satan and his instruments hath evermore beene disquieted if once the holy law of the Gospell touching this point were observed and put in ure And if it be feared that the choice to be made by the people of God and which is allowed unto them by the holy laws of God would prove to be a matter of schisme discord and dissention how much more reason have we to feare that the fiâ—e of schisme discord and dissention being blowen already should not breake out and fame among us if still one man alone be suffered to thrust upon the people of God not tolerable Ministers according to Gods heart but intolerable Ministers according to mans tradition The Admonitor hath insinuated unto us often in his Admonition that it is dangerous to innovate And so I say too unlesse there be evident â—â—de constitu prim L. 2. utilitie of innovation For saith the Emperour in rebus novis constituendis evidens esse utilitas debet ut ab eo jure recedatur quod diu aequum visum est But is it not as perillous yea sometimes much more perillous not to innovate for proof whereof it shall suffice to take witnesse of our owne times and of our owne experiences It seemed equall a long time and for many yeares that the Sacrifice of the Masse with all the pelf and trumperie thereof should not once be Dangerous to innovate unlesse ther be evident utilitiâ— of innovation spoken against But we all know that the abandoning thereof hath not yet brought any perillous subversion upon any nation that purely and soundly in place thereof hath embraced the holy sacrament of the Lords Supper It seemeth also to be equall for many ages past that the Bishop of Rome might have supreme and absolute power over all persons states and causes not onely in Rome Italy Spaine Germany and other forraigne kingdomes but also in England and Scotland But as yet to the view of all the world it hath not proved perillous for the King and Queene of England and Scotland to establish new laws for the alteration of that ancient abuse And why hath it not been dangerous so to do Why forsooth because there was evident utility in doing of it But how could an evident utilitie appeare before it was done How Forsooth because the holy law of God had warranted an alteration For faith having eyes to see the wisedome the power and the truth of God in his word discerned a far off that the institution of the Lords Supper was long before the sacrifice of the masse And therefore our Kings by abandoning poperie out of the Realme did not institute any new religion but onely they restored the old Now then if a same holy law of God do condemn the choice and thrusting of the pastour upon the people by one man alone and again it the same Law doe impugne the primacie of one pastour over all Pastours as well in a Diocesse or Province as in the whole West part of Christendome what danger can it be not to disfranchise the one sithence without any manner of danger we have abolished the other or what perill can it be not to countenance the sonnes sithence without perill we have discountenanced the father Especially seeing in this place of the admonition wee have a plaine confession that the common manner of election of Pastors Elders and Deacons in the old Churches was made by the people For if the examples of schism discord and contention did commonly appeare in the old Churches while that manner of election did continue then by his owne mouth Common manner of elections in the old churches was by the people that manner of election
and contained in the Scriptures that infants must bee baptized neither is it expressed and contained in the Scriptures that the bishop of Lichfield must have but one wife Yet because it is contained in the Scriptures that God in the beginning brought but one woman unto one man and gave to one woman but one husband I assure my selfe it will not be denyed but that the bishop must and doth content himselfe with one wife and that every Christian ought to bring their children to be baptized Besides if Master Bilson distinguisheth bishops in England from pastours in England and Archbishops in England and Pastors in England two severall orders and degrees of Ministers in the Church of England then I grant that it is neither expressed nor contained in the Scriptures that the people must choose their bishops in England And why but because the Scriptures having put no difference betweene bishops and pastours know no such bishops as we have in England And therefore bishops Bishops in England are only Bb. by the Kings grace and not by divine institution in England being bishops only by the Kings grace and not by divine institution and ordination as pastours in England be hence is it that the Kings of England by their prerogative Royall and not the people by the rule of Scriptures have chosen their bishops in England And for this cause also was it that K. Hen. 8. with advice of the Parliament did resume the nomination appointment investiture and confirmation of his Kingly bishops from the pope As for the nomination of pastours having cure of soules in parishes otherwise than all patrons by right of patronage doe give presentments their choise institution translation oâ— deprivation the Kings of England by their Pastours in parochiall Churches were never placed by the King as Bb. are in their Bishopricks regall power never yet hetherto tooke the same upon them And if the Kings of England by any fact or by any law did never take away the right interest and freedome from the people in choosing their pastours what right other than by usurpation can the bishops have to impose or thrust upon the people pastours without their liking But by custome and consent the people have restrained themselves Hereunto if it were not alreadie sufficiently answered that the people could not lawfully restraine themselves yet Master Bilson himselfe answereth That the late bishops of Rome never left cursing The people lost their consent by cursing and fighting of the Popes and fighting till they had excluded both prince and people and reduced the election wholly to the Clergie By cursing and fighting then have the people beene overruled and excluded and not by custome or consent have they restrained themselves Yea and by vertue of this cursed fight only doe the Bishops of England at this day exclude both Prince and people from medling in the choise of pastours For by authoritie of the canon law made by those late cursing and fighting Bishops of Rome the bishops of England have the sole ordination and placing of pastours over the people And from hence also it is plaine that the peoples right was not by their default or abuse relinquished and forfeited For then the late Bishops of Rome needed not to have cursed and fought for it And now whether it be not meet that the Lord Bishops professing themselves to be Christian bishops should still retaine in their hands and not restore unto Christian people the possession of their Christian equitie and freedome extoâ—ted from them by the cursings and fightings of antichristian Bishops I leave it to the consideration of the reverend bishops themselves Touching the mischiefes and inconveniences of schismes troubles strifes and contentions so often inculcated and so much urged and excepted against the election of the people there is no man able as I thinke to produce any one pregnant proofe out of any ancient or late historie that any king or Soveraigne power hath interposed any supreme authoritie to appease any discord or dissention ensuing or raised upon the bare choise made of any meere parochiall pastour by any faithfull and christian people The schismes strifes and factions that were raised in the old churches sprang out and slowed onely Schismes and contentions spring from schismaticall and proud clergie masters from the heads and fountaines of those schismes strifes and factions and namely from proud ambitious and hereticall bishops and great clergie masters For they being infected and poisoned with the contagion of schisme and heresie and having sowred the mindes of their Disciples with the leaven of their hereticall doctrines no marvaile if the people became followers of the evill manners of their teachers and no marvaile if they verified the proverbe Like master like man like Priest like people Eustatius Bishop of Antioch being a Sabellian heretike was deposed by the Councell of Antioch after whose deposition a fierie flame of sedition was kindled in Antioch Socr. 1. c. â—â— because one sort of the common people sought to translate Eusebius Pamphilus from Caesarea to Antioch some other would bring againe Eustatius Eusebius bishop of Nicomedia and Theognis bishop of Nice being both Arians with their confederates raised skirmishes and tumults against Athanasius after the death of Alexander bishop Socr. l. 2. c. 2 of Constantinople about the election of a bishop there was greater stirre than ever before time and the Church was more grievously turmoyled The people were devided into two parts the one egerly set with the heresie of Arius clave to Macedonius the other cleaved very constantly to the decrees of the Nieene Councell and choose Socr. l. 2. c. 4 Paulus to be their Bishop The cause of division among the Citizens of Emisa about the election of Eusebius Emisenus was for that he was charged with the studie of the Mathematickes and accused of Socr. l. 2. c. 6 the heresie of Sabellius After the death of Eusebius when the people of Constantinople had brought againe Paulus to be their bishop the Arians chose Macedonius The authors and chiefe doers in that stirre were certaine Arian bishops who before aided Eusebius that turned up side downe the whole state of the Church These Socr. l. c. 9 and sundry such like sturres discords factions and dissentions are found to have beene raised and pursued by schismaticall and hereticall bishops their favourites and followers in the old Churches but that these or the like mischieves and inconveniences can be proved to have fallen out by the election of Parochiall pastours in the old Churches we deny And why then should not the interest and freedome of faithfull and Christian people wrested from them by cursings and fightings of faithlesse and antichristian Popes be restored to them againe And the cause ceasing why should not the effect likewise cease And therefore we humbly intreat the Lords bishops that against the grounds of reason and nature against Christian equitie A â—equest to the â—everend
then meet and convenient that the Bishops with the other Ministers and some of the chiefe of the people should give the partie ordained a testimoniall under their hands or under some authenticall seale to certifie the Kings Officer of the execution of his writt and that the Patron also should present the same person to the Kings officer humbly praying the same officer by authoritie to be derived from the King to cause him by some other writt to be confirmed and really inducted into the possession of the same Church and into the Mansion-house glebe-land and other profits Ecclesiasticall to the same appertaining Oh! but this were a strange kinde of innovation and a dangerous To execute the premisses no dangerous atâ—eÌ„pt attempt to alter lawes setled especially in a setled estate of the Church Well well let my Lords of the Clergie sing this song and pipe this melodie at their pleasure How be it forasmuch as this platforme in some part thereof hath already been agreed upon by divers CoÌ„mittees in Parliament in other some part thereof by laws already setled ought to have been practised and that in other some part therof is an advancemeÌ„t of the Kings authoritie which last part also is lively pourtracted out unto us by presidents from the Archb. B. themselves we shall through the grace of God and favor of the King be able well enough quite and cleane to wipe away all the spots of this calumniation And first touching the intimation and supplication to be made unto the King that his Highnes would Petition and intimatioÌ„â—o the King agreeable to lawes setled be pleased to command every Minister to be presented by the Patrone ordained by the Bishop and Ministers and elected by the people and that the King being certified by them of the execution of his writt should upon their Testimoniall by another publike writt cause the Clerke ordained to be confirmed admitted and inducted to the reall possession of the temporalities of the benifice This manner I say of intimation petition testimoniall and admittance in substance and effect differeth but little from the forme of the petition â—â— H. 8. c. nomination election investiture confirmation and consecration of the Archbishops and Bishops of this Realme For whensoever the Church of Canterburie Winton or other Bishops Sea becommeth destitute of a Pastor doth not the Deane and Chapiter of the same Sea intimate unto the King their want of a Bishop and doth not the same Deane and Chapiter humbly supplicate his Majesties favour and licence to elect another and doth not the King upon their supplication by Letters Patents under his great Seale favourably grant their petition willing them ut talem eligant in Episcopum Pastorem qui Deo devotus Ecclesia suae necessarius nobisque regno nostro utilis fidelis existat And with the same Letters Patents doth not the King send a letter missive containing the name and commendation of the person to be elected After the election finished doth not the Deane and Chapiter intimate the same also unto the King and humbly againe pray the King to yeeld his Royall assent to the Lord elected Whereupon doth not the King againe direct his Letters Patents of warrant to the Archbishop or some other whom the King shall appoint to performe all things which accustomably are to be done appertaining to his confirmation and consecration according to the lawes and statutes of his Realme of England Lastly the consecration and confirmation being finished and the Bishop having done his homage and sworne fealtie is not the Kings writt out of the Chancery directed to the Escheator to restore unto him the temporalities of the same Bishopricke Yea and may not the Bishop also if it please him procure another writt out of the Chancery directed to his Tenants commanding them to atturne and to take him for their Lord Now then in this platforme whereof mention hath been made touching the placing of a Parochiall Pastor any Parochiall Church with cure of soules being void when it is craved that the people of the same parish might intimate their want unto the Kings officer and that the same officer might command the Patron to present the Ministers to ordaine and the people according to the Kings lawes to assent unto and approve the Clerk what other intent or meaning have wee then that the King hath as ample and as lawfull a power The King hath as large a power to command a Minister to be elected and ordained as a Bishop to be chosen and consecrated to command a Minister to be presented ordained and elected to be a Pastor in a parochiall Church as he hath to command a Bishop to be elected confirmed and consecrated to an Episcopall sea And are we not then merveilously giddy-headed new fangled and strange innovators Againe when wee desire that the King at the humble suite of the Ministers the Patron and the people would be pleased to confirme and admit the Patrones Clerke in and to the temporalities of a Benefice what other thing is required but that the possession of no Church should be delivered unto any Minister without the Kings publike writt And would not this breed a perillous sturre garboyle discord and contention when the Archdeacons pretie signet as Dagon falling downe before the Arke should give place bow downe and doe reverence unto the Kings of England seale at armes The Prophets ought to be tried by the prophets Oh! but in this platforme there be other dangerous innovations and alterations not to be attempted Yea And what then be they The Admonitor himselfe in his admonition holdeth Yea Master Bilson and all other supporters of the Hierarchie defended That the Clergie ought to judge of the Clergie and that the Prophets ought to be tryed examined ordained only by the Prophets and that the â—piâ—its of the Prophets are subject to the spirits of the Prophets Wherein the coÌ„sisteth the disagreemeÌ„t variance between us them touching the ordination of a Prophet by Prophets or a Minister by Ministers certes to my understaÌ„ding there is no other matter of dissonancie in this case but even alonely this viz. That he by these words the Spirits of the Prophets are subject to the Prophets intendeth Corinth that the Spirits of many Prophets touching their triall examination and ordination are subject to the spirit of one Prophet and that therefore one Prophet by his owne spirit may trie examine and ordaine many Prophets Whereas on the other side we affirme that one Prophet according to this rule of our holy faith Whether the spirits of many Prophets subject to one or of one â—o many is to speake and the other Prophets are to judge and that no one Prophet may tâ—ie examine or ordaine many Prophets Because from this place we gather that the spirits of many Prophets in the ordinary course of the ministerie of the Word were never subjected in this case to the
intreate our most gracious Soveraigne Lord the Kâ—ng that where in any parish there shall bee found a learned preaching Minister resident upon his benefice that there be would be pleased by his authoritie royall under the broad Seale to enable him and some other godly and faithfull Knights Esquires Gentlemen Citizens Borough-masters or other chiefe men of the same parish to execute spirituall justice against drunkards adulterers swearers railers and such like ecclesiasticall offenders inhabitants only within the same parish For in this case we say as the reverend Bishops say bonum quò communius eo melius If any exception should be taken or challenge made scoffingly and with scornfull termes against these lay parochians as hereto fore hath beene used against lay-Elders or lay-Aldermen No exception to bee taken against lay Elders to be authorized by the king in every parish sithence the King authorizeth lay-Elders in ecclesiasticall commission as they call them let him that taketh such exception advise himselfe well and remember before he speake that in speaking he controle not the policie the practice the wisedome and the authoritie of our late Queene deceased and of our Soveraigne Lord the King now raigning who authorized and doth authorise lay men to bee Ecclesiasticall commissioners Which kinde of lay men or lay Elders as they call them that they have joyned in the exercise of the chiefest censure of the Church viz. excommunication with Ecclesiasticall persons hath beene already proved by the sentence of excommunication pronounced against E. by Master W. and his associates whereof divers were lay men Againe if one lay Elder dwelling at Winchester may call and associate unto himselfe one Ecclesiasticall Elder dwelling at S. Georges in Southwarke to excommunicate any parochian or Minister subject unto the Archdeacon of Surrey in what parish soever of the same jurisdiction the partie shall dwell if it be lawfull I say for every Ordinarie to joyne one lay Elder and one Ecclesiasticall Elder Discipline of excommunication exercised by one lay Elder and one Ecclesiasticall Elder together in commission the one to pronounce sentence of contumacie the other to denounce sentence of excommunication for every spiritual contumacie committed within his jurisdiction what reason can any man pretend why it should not be much more lawfull for the King by his Royall authoritie to appoint a learned and preaching Pastour with the assistance of some companie of faithfull inhabitants of the same parish to exercise all manner of spirituall justice within their owne parish If the King shall stand in doubt whether any Discipline by excommunication bee exercised after this and this manner in the Church of England then to put his highnesse out of all doubt hereof may it please the King to consider the precept of the reverend Bishops made in their convocation together with the practice of the venerable Archdeacon of Surr. following The precept is this Vnusquisque Vicarius generalis Officialis seu Commissarius qui ordines ecclesiasticos non susceperit eruditum aliquem presbyterum sibi Arriculo pro Clero c. de buibusdam circa excom excessib coercend 1584 accerset associabit qui sufficienti authoritate vel ab ipso Episcopo in jurisdictione sua vel ad Archidiacono presbytero existente in jurisdictione sua munitus idque ex praescripto judâ—cis tunc praesentis excommunicationis sâ—ntentiam pro contumacia denunciabit Every Uicar generall Officiall or Commissarie which hath not taken upon him ecclesiasticall orders shall call and associate unto him some learned Presbyter who being armed with sufficient authoritie from the Bishop in his jurisdiction or from the Archdeacon being a Presbyter in his jurisdiction shall denounce and that by the prescript of the judge present the sentence of excommunication for contumacie Now the manner of the practice of this precept ensueth in D. Hones practice of the Bishops aâ—â—icle these words Iohannes Hone legum Doctor Officialis venerabilis viri domini Archidiaconi Surr. omnibus singulis rectoribus c. salutem Cùm nos rite legitime procedentes omnes singulos quorum nomina c. in noÌ„ comparendo coram nobis c. seu saltem in non satisfaciendo mandatis nostris c. pronuncia verimus contumaces ipsoque c. excommunicandos fore decreverimus Cumque discretus vir magister Roul Allen presbyter eosdem omnes singulos subscriptos ex officio nostro excommunicaverit in scriptis justitia id exigente vobis igitur committimus c. quatenus eos omnes c. sicut profertur ex officio nostro mero excommunicatos fuisse esse c. palam denuncietis c Datum sub sigillo officialitatis nostrae 19. Die Decembris Anno Domini 1587. John Hone Doctor of the Lawes Officiall of the venerable man and Archdeacon of Surr. to all and singular persons c. greeting Whereas we otherwise rightly and lawfully proceeding all and singular whose names are under-written in not appearing before us or at least-wise in not satisfying our mandates have pronounced contumacious and decreed them to be excommunicated And whereas also the discreet man M. Rowland Allen presbyter one of our office hath excommunicated all and singular under written justice so requiring wherefore wee charge you that openly you denounce and declare them and every of them so as aforesaid out of our office to bee excommunicated Given under the seale of our officialitie The 19. day of December 1587. By this practice it doth appeare that Doctor Hone and Rowland Allen canvaced many poore men very piteously and that this poore curate Rowland Allen had a warm service to attend upon D. Hone and to jerk those whose points soever hee shall untie But because this precept was an article concluded upon by the reverend Bishops in their convocation and confirmed as I suppose by the Royall authoritie of our late Queene wee will forbeare to speake what we thinke might justly be spoken against the incongruitie thereof Only this without offence to the reverend Bishops wee may safely demand sithence every ordinarie whether he be a Bishop or a Presbyter by this article of their owne device hath such an absolute power resiant in his person as that thereby thorowout his whole jurisdiction he may thus commit the execution of Discipline by excommunication partly to one lay person and partly to one ecclesiasticall person partly to a supposed spirituall elder and partly to a Lay elder sithence I say this is so we may safely demand what reason they can produce to hinder the King from having authoritie to command three or foure The K. hath as good right to command excommunication to be exercised by a Pastor Elders as the Bb. have to commit the same to a Curate one lay Elder or if occasion serve five or six lay elders as they call them and one spirituall pastor being a true spirituall elder in deed all lawfully chosen ecclesiasticall Officers in the house of God that
Bishop then having these two severall and distinct offices imposed upon his person the one by divine the other by humane Law the one humane and Episcopall the other without pomp and pastorall there ariseth from thence this question by which of those two functions hee may lawfully I meane according to Gods Law minister the Doctrine Sacraments and censures of Christ If it bee answered that it is lawfull for him by vertue of his Pastorall office to minister the doctrine and Sacraments and by force of his humane Episcopall office to minister the censures of Christ then is not the answer fitted to the question the same being made à bene conjunctis ad male divisa For the censures of Christ as well as the doctrine of Christ being simply of divine ordinance it must follow if his Episcopall power be onely of humane right and pastorall power be onely of divine institution that the censures may bee ministred by authority derived onely from man but the doctrine and Sacraments by power derived onely from God Which commixion of divine and humane right in the execution of the ordinances of God can no manner of wayes be sound pure and sincere and therefore also can not be pleasing unto God For no more can the censures of Christ to the pleasure of God be lawfully administred by the authoritie of any one whose function is of man and not of God than could the sacrifice of God bee offered by one who was a priest of man and not of God Now that humane Episcopality or Bâ—shoppisme in the Church of England is authorized and deduced from Lordly Episcopality authorized only by the Law of the Realme the power and Law of man viz. of the King and Realme alone is evident as well by the donation and endowment of the Bishoprickes founded by the Kingly Prerogatives of the Kings of this Realme as by the erection and establishment of the new Bishopricks of Chester Gloucester Bristoll Peter borough and Oxford with their Cathedrall Churches Seas Cities meeres and bounds of those humane Bishops for the exercise of their Episcopall administration according to act of Parliament authorizing the Kings Highnesse to make Bishops by His Letters Patents Nay further that humane Episcopall Note that King Henry the eight by letters Patents made Bish therefore c. 31. H. 8. c. 9 jurisdiction within the meres and bounds of every Diocesse within England is meerely of humane and not of divine institution appeareth by that power and authority which the King hath in translating and dissolving of Bishopricks in conserving Episcopall jurisdiction sometimes to such persons as be no Bishops as did William the Conqueror when hee gave Episcopall power to the Abbot of Battaile and lastly by the very manner and forme of the nomination licence of Election and authority of investiture confirmation and consecration of Archbishops and Bishops established by the more positive Law of the Realme But if it bee answered 25. H. 8. c. 20 that the Bishop by his humane Episcopall power doth minister the Doctrine Sacraments and discipline of Christ then is the case worse with him than it was before because then not onely the Discipline of Christ but also the doctrine and Sacraments of Christ should bee ministred by that authority which is of humane institution Besides the answer should be untrue because the Bishop at the time of his consecration doth not receive any authority to preach the Word and minister the Sacraments for that authority was then committed unto him when first he was ordained to be a Presbyter But the authority which hee receiveth at the time of his consecration is to correct and punish such as bee unquiet disobedient and criminous within his Diocesse Whereby once againe is that confirmed which was erst said viz. That Episcopall power in England is not of divine but of humane institution Especially for that by the Scriptures it can not be proved that there bee two severall and distinct formes of ordinations the one called consecration proper to a Lord Bishop for the exercise of Discipline the other called ordination peculiar to a Pastor or teaching Elder for the ministration of the Word and Sacraments Whereunto lastly may bee added another maine reason that Episcopall power in If the Lord Bish have power to minister disâ—ipline by divine right then no more can he commit that his power to an other than he can commit the power which hee hath of preaching to another England to minister the Discipline can not therefore bee of divine institution because if it were of divine institution the Bishop could no more surrogate the same his Episcopall power to his Suffragane to his Vicar generall or Rouland Allen to minister the censures of Christ in his owne name than hee can depute them or any of them to minister the doctrine and Sacraments in his own name But how doth it appeare that the Vicar generall Rowland Allen or any other Presbyter did ever excommunicate by the power or in the name of the Bishop For the proofe hereof we shall not need to search any other authenticall record then the precept and the practice before intreated of For it is not said in the precept that the Presbyter being armed with authority from Christ but it is said that the Presbyter being armed with authority from the Bishop or Archdeacon shall denounce the sentence of excommunication the practice also of Doctor Hone every way confirmeth as much For therein Doctor Hone doth not challenge to be an Officer unto Christ but he saith that he is the officiall of the venerable Archdeacon of Surrey and that Master Rowland Allen Presbyter by vertue of his office doth excommunicate the parties who obeyed not his mandates who made not their appearances before him c. If it be answered that Rowland Allen though he be not an immediate officer from Christ that yet neverthelesse he is a mediate officer depuâ—ed to his office by an immediate officer unto Christ viz. the Lord Bishop or Archdeacon then wee reply and say First that the Lord Bishop and Archdeacon be neither immediate or mediâ—te Officers appointed by Christ to bee ministers of his discipline Secondly if they were immediate officers from Christ that yet they have no authority by the Law of Christ to transfer their right or any part thereof to an other person in their name or by their authoritie to excommunicate As for these words viz. In Dei nomine Amen nos Iohannes Hone or nos Roulandus Allen c. sometimes used in their scedule of excommunication it is but a prophaning of the holy name of God whereby they make themselves guilty of the taking of the glorious name of God in vaine And thus much touching both the question and answer whether the discipline of Christ may be ministred by the Bishops humane Episcopall power yea or no. But now on the other side because no divine censure can lawfully be executed in the Church by that authority
be licensed and limited unto them to take doe and execute by any Archbishop or Bishop within their Diocesse to whom they shall be Suffraganes under their seales And that no such Suffragane shall use any jurisdiction ordinary or Episcopall power otherwise nor longer time than shall bee limited by such Commission to him given upon paine c. From which Act touching the use and exercise of Episcopall power and censures by the Suffragane wee may againe safely conclude that the EPISCOPALL power granted by the Bishops to be used by the Suffragane is not of divine right and institution but onely from humane device and ordinance For the Suffragan could not exercise any power called spirituall or Episcopall unlesse by the Bishop hee were nominated by the King elected and presented by the Archbishop consecrated and by commission under the Bishops seale authorized in what manner and for what time he should exercise the same Custom then being not from heaven but from the earth and again the Bishops Commission limiting the Suffraganes delegated power being of man and not of God it followeth necessarily that that Episcopall power which the Bishops use and exercise in England can not be divine but humane Because Episcopall authority which is divine being conveyed from the Royall and Soveraigne authority of our Saviour Christ the giver of all power unto every officer within his Ceurch cannot bee transferred to any other person by the same Bishop by the King by the body of the state or by custome For the Kings Person and body of the state nor being made capable by the holy Scriptures to use and exercise that Episcopall power which is of divine Institution can never transferre the same to others whereof they bee themselves uncapable And to defend that custome or any municipall Law should transfer divine Episcopall power from a divine B. to any human officer is more erroneous And from hence if the now L. Bish of London judge his Episcopall power to belong unto him by divine and that by the same right he have power as well to ordaine depose suspend and excommunicate Presbyters as to confirme boyes girles young men and maidens there seemeth to bee good reason that the same B. should make it apparently knowne unto the King and Realme by what power or commission descended from heaven hee may delegate under his Seale the same his divine authority of ordination deposition suspension excommunication and confirmation unto Doctor Sterne his now Suffragane of Colchester For if from the holy Scriptures hee can produce no warrant for the making of a delegation of any part of that Episcopall power which hee holdeth to bee committed unto him from our Saviour Christ then well may we conclude against the oâ—dination deposition suspension excommunication and confirmation made by the same his Suffragame that the same his Suffraganes ordination deposition c. is not divine For how can an ordination a deposition c. made by a Suffragane be divine when as the Commission granted by the Bishop is meerely humane Wherefore seeing the Bishop himselfe hath plucked certaine of his principall feathers from his own spirituall wings if so be his own wings may be spirituall and imped them with an untwysted thread of humane policy to the humane trayne of his Suffragane and seeing also his Archbishops grace of Canterbury in cases of his metropoliticall prerogative the Archdeacons London Midlesex Essex Hertford the Deane of Pauls and certaine Prebendaries in Pauls the Deane of Westminster the Master of the Savoy and diverse other Persons have by Papall priviledges or by ancient custome prescribed almost all other parts of his Episcopall power there seemeth good reason that the Bishop should againe declare whether the Churches within the said Diocesse after the decease or translation of his Lordship shall stand in need of any Lordly Successor to sit in the same Sea for any other profitable use or purpose than only for wearing of a white rochet walking with a pastorall staffe keeping seven yeares Sabboth from preaching in his Parish Church at Fulham consecrating of Chappels hallowing of Fontes Christening as they call it of Belles whiting of Walles painting of Tombes garnishing of Sepulchers preserving of superstitious Monuments in glasse Windowes repairing and gilding rotten and outworne Crosses confirming Leases of Benefices with cure of soules upon small rents improprying Churches or such like For if the great things of the Episcopall power may bee transferred either by expresse or by secret consent either by commission or custome and that as well to an inferiour as to a superior as well to a Suffragrane a Deane an Archdeacon and a Prebendary as to an Archb. then it seemeth reasonable that the smaller things before spoken of may well be performed without any Lordly authority When I had thus finished according to our line that which I first undertooke against the Admonitors pre ensed dangerous alterations innovations and inconveniences and was also purposed to have added that which in mine opinion seemeth to prove that which the Admonitor by his opinion denyeth viz. that the externall government of the Church should alwayes and in all places be one when I say I had thus purposed by reason of some other present and for the time more necessary occasion I was driven to alter my minde and to shew the same in a place somewhat more convenient And yet in the meane while it shall not be amisse but a thing very necessary in this place so to cleare the state of the question betweene the Admonitor and me as the same being rightly before hand understood there might no prejudicate opinion be conceived against the truth The Admonitor against the not having one forme of externall policy in all ages and states of the Chutch of Christ alleadgeth that in Denmarke they have Bishops both in name and in office that in Saxony thâ—y have Arcbishops and Bishops iâ— office but not in name that in Tigure they have no Senate of Elders nor the discipline by excommunication which they more mislike that in Geneva in Scotland and in other places they have a government not much unlike that platforme which is desired to be among us that in Saxony and Basil they kneele at the Lords Supper all Tigure they sit and it is brought unto them and that in other places they goe and receive it for the more expedition as they passe And that he doubteth not but that the learned men whom God sent to instruct those Churches in which the Gospell in those dayes was first received have bin directed by the spirit of God to retaine this liberty that in externall government and other outward orders they might choose such as they thought in wisdome and godlinesse to be most convenient for the state of their Countrey and disposition of the people Vnto all which wee answer briefly viz. that Bishops both in name and in office being of divine institution ought as well to be in the Church of England as of Denmarke
AN ASSERTION FOR True and Christian CHURCH-POLICIE Wherein Certain Politike Objections made against the planting of PASTOURS and Elders in every Congregation are sufficiently ANSWERED And Wherein also sundry projects are set downe how the Discipline by Pastors and Elders may be planted without any derogation to the Kings Royall Prerogative any indignity to the three Estates in Parliament or any greater alteration of the laudable Lawes Statutes or Customes of the Realme than may well bee made without damage to the people IN DOMINO CONFIDO London Printed 1642. To the Right Honourable the LORDS and COMMONS Assembled in High COURT of Parliament Right HONOURABLE c. THe Ensuing Treatise which I am bold to present to Your wisedomes view containes principall politicall reasons grounded upon the Lawes of this Kingdom for the removing of the present Hierarchie and planting of a Governement by Pastors and Elders The appellation of Lay Elders hath beene very displeasing to many whereas the Elder intended to be planted is not lay but in regard of the service wherein hee is to bee imployed Ecclesiasticall The Author was an elaborate Student in the civill Law and a professor of it He was esteemed learned by the best of that profession as also by Divines and common Lawyers learned Sir Edward Cook late Chiefe Justice of the Kings Bench Sir Christopher Yelverton late Judge of the Common Pleas Sir Henry Finch late the Kings Serjeant at Law and others have given testimony of him The Treatise is an answer to diverse passages in a Book written by D. Whitgift late Archb. of Canterbury intituled An admonition to the Parliament The Author as I doubt not but will appeare to your Wisedomes hath written with the spirit of meekenesse and humility submitting all to the judgement of an High Court of Parliament hee disputes with the Great Bishop in a Scholasticall way without one syllable of reviling or bitter language which he ever detested Hee discovers the foundation of the Hierarchie to be totally illegall and to bee abolished by the abolition of the Papall Canon Law which appeares to be abolished by the statute of 25. of Henry 8. cap. 9. The truth whereof being discovered by the Authors means to the said learned Judge Sir Edward Cooke hee did most ingenuously acknowledge and did avow he never understood the statute so well before yet affirmed he thought he had read the said statute an hundred times May it please you in your wisedomes to commend the Treatise to bee viewed by the learned Gent. of the long Robe whose awfull judgments I shall ever honour Most true it is I dare averre there is little written in this Kingdome tending to the removall of the Episcopacie from Legall and Politicall arguments but the Author hath the arrowes in his quiver I say not that others have borrowed light from his Candle Right Honourable and Right worthy I shall humbly take further boldnes humbly presuming upon your Honourable favours if this poore model find acceptance in your sight to present you with a new impression of an abstract written in time of famous Queene Elizabeth a Book well knowne to learned King Iames by the same Author whose memory I am bound by nature to Honour Give mee leave onely now to make knowne unto you the Title and severall Treatises contained in it It is intituled An abstract of certaine Laws Canons and Constitutions Synodall and Provinciall in force within the Queenes dominions and for the most part unknowne to the subject It containeth these principall Treatises 1. That a learned Ministery is commanded by Law 2. That Pluralities are forbidden by Law 3. That it is unlawfull to make a Minister without a title 4. That it is unlawfull for a Clerk to have civill authority This abstract was seemingly answered by the rayling stile of a then Doctor Cozens but by a further incounter and the counterpoyson yet extant written by the same Author he departed the Field with Honour such was the opinion of many learned among others of the foresaid Reverend Judge Sir Henry Yelverton This treatise was never questioned nor quarreld for ought I ever heard Yet was the Author well knowne to many of the Bishops You may happily in your Wisdomes conceive some things might have beene omitted as not wholly incident to the time and some abbreviated in regard of the shortnesse of your time and of the high affaires now in hand But may it please you being about so to doe I found the light must have bin much Eclipsed and the truth obscured I am over bold most humbly to commend the defence of what he writes grounded upon the laws of the Kingdome to your most Honourable protection It shall be enough for me to attend among the meanest of your servants having heretofore had the happinesse to have bin a member though unworthy of the Honourable House of Commons Presenting your honours and your grave wisdomes with my heartiest prayers and humblest service In most humble manner I intreate your pardon of and for The Contents THe defenders of the Hierarchy confesse their government is not apostolicall pag. 2. The bringing in of the discipline desired causeth no alteration of temporall laws nor the officers of a kingdom 3 4 5 6 7 8 9 No feare that prophane men will overthrow the Gospell if the forme of Church government be altered 10. The description of lukewarme professors that will be of that religion the King will be of 11. The Puritan protestants can never overthrow the Gospell 13. Neither can the Papist because he is overthrown by the Gospel 13 The planting of an Apostolicall government will draw no alteration of the Lawes of the Realme 14. The whole Papal Law is totally abolished by the statute of the 25 of Henry 8. c. 19. of the submission of the Clergie as appeares by the body of the statute and the proviso from the 15. to the 20. Canon and civill Lawes no part of the Lawes of the Realme but by sufferance 15 An imbasement for Civillians to have preferment by the offices of the Canon Law that ought not to be used 17 18 19. Whence it followeth that the papall Canon Law being abolished the papall offices and functions of Archbishops and Bishops are also abolished being grounded upon the same Law 20 Power properly and improperly called spirituall 20 21 Bishops remaine ordinary by custome provinciall Canons and statute Law though papall lawes be abolished 21 The King though Supreame governour of the Church cannot give Archbishops and Bishops spirituall power properly called spirituall that power must be derived from the Scripture 20. The Bishops did use a plenary power devised and promulged new Canons without the Queenes assent 23 All the Bishops together can make no new Law and yet every Bishop doth make many lawes 24 All temporall officers do draw their power from the King one way or other 25 The Charter of England confirmeth not the power of Archbishops or Bishops because their power appeares not by the
Scripture to be given them by God and therefore the King and Parliament may be pleased to abolish both them and their power as King Hen. 8. did abolish Monkes and Friars 26. 40. and 28 The challeng for Lordly primacy out of the great charter answered 28 The study of the civill Law and the professors of it may florish more than now they doe 28 Fees for probate of testaments let to farme 29 Fees dew for execution of functions of the Canon Law disproportionable for a Dâ—ctor of the Civill Law 30 An Act of Parliament for the advancement of the Civill Law is set downe and a forme laid for all proceedings in the Courts in which the Civill Lawyers should be Iudges 32 33 It will advance the honour of the King and the good of his subjects to have matters of tithes and testaments and matrimony reduced by act of Parliament to bee tried by the Iudges of the Common Law 37 Matters of tithes and other causes of light nature pertaine to civill justice 37 The temporall law may easily bee applyed to causes now reputed Ecclesiasticall 39 How legacies may be recovered at the Common Law 42 Matters of marriages more fit to bee decided by the Kings officers than by the Bishops 43 Much adâ—e in the Bishops Courts about Accipio and Accipiam 44 The common Law preferred by the Bishops above the Law of God and the civill Law 45 Causes of Adulteries Slander Heresie which by sufferance only have bin exempted from the Cognizance of the King may be arbitrated by the Iudges of the common Law 47 Hierarchy may be judged felony if it please the King 49 The cognizance of all crimes as well as of some by the Law of God belong to the King 50 No impeachment and impropriations in lay mens hands the stat of 15. Rich. 2. and the 4. Hen. 4. being observed for a Vicar endowes yet if it please the King Parliament a law may be made for reducing of impropriations which may bee done First by restitution Secondly by commutation Thirdly by redemption Fourthly by contribution 52 Parochiall Churches to what use they were founded 56 First restitution of many may and ought to be which are now accounted the temporall revenues of Archbishops and Bishops which were given to severall Churches are now spoyled of them by Archbishops and Bishops 55 56 57 58. Secondly commutations may be made of many of the Bishops lands given to superstitious uses for many impropriations in the Kings hand and the hands of many of the Nobility 56 58 59 Thirdly there may bee a redemption made of the same land or buying in of many impropriations by a common purse or treasury which will increase 1. When the people shall be discharged of the burden of Ecclesiasticall Courts 2. The treasure will increase by the dissolution of Chapels of ease and uniting two Parishes into one and especially in great Cities and Towns where often are but small Livings 61 Dissolution of Chapels no new thing Ibid. Chapels the Seminaries of hirelings 62 3. By sequestration of the Livings of non residents 4. By the forfeiture of penall Lawes due to the King 60 61 62 63 Sequestration of the Churches of pluralists may further the treasure for redemption of impropriations 63 By what contributions Impropriations may bee brought to the use of the ministery 63 Fourthly the fourth meanes viz by contribution wherby Impropriations may be reduced to the ministery 63 64 65 How and by what means impropriations may be reduced into the ministery 65 66 None of the three estates in Parliament is lost by removall of the Hierarchy as appeares by severall statutes viz. 25. E. 3. c. 24. 31. Ed. 3. Stat. of Herrings 3. R. 2. c. 3. 7. R. 2. c. 12. 1. E. c. 2. 68 69 70 71 72 73 The state of Prelacy founded by the Grandfather of K. E. 3. 69 The K. having the assent of the Nobles and Commons may repeale statutes without the assent of the Prelates 70 The argument answered in which it is said that it hath been alwayes dangerous to pick quarrels against laws setled 74 75 Lesse danger to reforme the Church by new lawes than to continue corruption by old lawes 74 That argument answered in which it is said that there must of necessity be in every Parish one Pastor a company of Seniors and Deacon or two at the least and all those to be found of the Parish 75 76 77 78 What kind of men ought to be chosen Seniors and Deacons 76 The judgment of the Commissioners of Ed. 6. touching Elders and Deacons 77 The election of Pastors by the people stands upon the ground of reason and nature rules of Christian equity and the law of God therefore by no Law or custome can justly be taken away though actually it was by the Pope 79 to 87 Dangerous to innovate unlesse there be evident utility in innovation 80 The common manner of election in the old Churches was by the people 81 The King without the people hath power to nominate the Kingly Bishop 82 M. Bilson confirmes the peoples election of their Pastor 83 A great difference betwixt the choice of Bishops in England and Pastors 86 No Schisme hapned by choice of Pastors by the people ancient schimes were ever from the election of Bishops 87 88 therefore a Stat. is desired for the giving of election of their Pastors 86 Election of publike officers in Cities and Boroughs is by the principall men of these places 90 91. therefore Ministers may bee elected the officers of Cities and Townes Corporate chosen without contention therefore Pastors may be also chosen 90 The people would be more carefull of their Election than Bishops have been the people could make no choice of insufficient Ministers unles the Bishops did make insufficient Ministers 93 94 The common people accused of backwardnesse in Religion the reason of that must needs be from their ill guides 95 Men of excellent gifts and men of no gifts are unequally matched in the ministery of the Gospell 96 The people may know a man to be a fit Minister though he be not brought up among them 98 What knowledge of a Minister is required in the people before they choose him No partiall suits can follow the election of Ministers by the people 100 The means to take away all symony for places in the Ministry 100 The inconveniences of Bishops ordination set downe 102 As many suits betweene the Bish and the Clerke 2. suits between the Clerke and the Archdeacon 3. suits betweene the B. and the Archdeacon 4. Riots and breaches of the Kings peace 5. unlawfull Fees for Letters of institution 6. unlawfull Fees for letters of sequestration 105. 7. Perjury by the Clerk and robbery by the Patron 8. Chopping of benefices and dispensations 106. A supplication to the Parliament to consider these inconveniences and likewise a briefe way is set downe of the redresse of them 107 Diverse things set down concerning ordination of Ministers