if it may please him so to provide by Parleament may giue remedie vnto complaynants by writts out of the Chancerie and that complaints in such cases may effectuallie be redressed vpon such writts in the Kings Courts And if also sundrie matters of Tythes Testaments and Mariages be alreadie handled in the Kinges Courts if these things I say be so and so may be then with litle reason did the Admonitor warne vs that a verie great alteration of the common law must follow and that it will be no small matter to applie these things to the temporall law But the antecedent is true as hath bene alreadie shewed Therefore the consequent is true Admonition Iudgementes also of adulterie slauÌ„der c. are in these mens iudgmentes Pag. 78. mere temporall and therefore to be dealt in by the temporall Magistrate onely Assertion We are in deed of this iudgemeÌ„t that in regard of the Kinges Royall Office these iudgements of adultrie and other criminall causes comprised within this clause c. ought no more to be exempted from the Kings temporall Courtes then matters of theft murther treason and such like ought to be And for the mayntenance of our iudgementes wee affirme that there is no crime or offeÌ„ce of what nature or qualitie soever respecting any commaundement conteyned within either of the two tables of the holie law of God if the same bee nowe corrigible by spirituall power but that some fault and contempt one or other of the like nature and qualitie as comprised vnder the same commandement hath bene evermore and is now punishable by the Kings Regall and temporal iurisdiction For adulterie as the same is to be censured by penance in the Ecclesiasticall Courtes so is ravishment also buggerie sodomie to be punished in the Kings Court by payne of death And as hath bene accustomed that Ordinaries by ceÌ„sures of the Church may correct fornicators so fornication also as in some bookes written of the common lawe is reported hath bene in times passed presented and punished in leetes and Law-dayes in divers places of the Realme by the name of Letherwhyte whiche is as the booke saieth an auncient Saxon terme And the Lord of the Leete where it hath bene presented hath euer had a fyne for the same offence By the statute of those that be borne beyond the Seas 25. Ed 3. it appeareth that the Kinge hath cognizance of fome bastardie And nowe in most cases of bastardie if not in all by the statute of Eliza. the reputed father of a bastard borne is lyable to bee punished at the discretion of the Iustices of peace Touching periurie if a man loose his action by a false verdict in plea of land Periurie if punishable temporallie in some cases why not in all he shall haue an attaynt in the Kinges Court to punish the periurie and to reforme the falsitie And by divers statutes it appeareth that the Kings teÌ„porall Officers may punish periurie committed in the Kings teÌ„poral Courtes And though it be true that such periurie as hath risen vpon causes reputed spirituall haue bene in times past punished onlie by ecclesiasticall power and censures of the Church yet herevpon it followeth not that the periurie it selfe is a meere spirituall and not a temporall crime or matter or that the same might not to be civillie punished By a statute of Westminster 25. Ed. 3. it was accorded that the King his Vsurie heyres shall have the cognizance of the vsurers dead and that the Ordinaries haue cognizance of vsurers on lyfe to make compulsion by censures of the Church for sinne and to make restitution of the vsuries taken against the lawes of holy church And by another statute it is provided that vsuries shall 20. H. 3. c. 5. not turne against any being within age after the time of the death of his Auncestoure vntill his full age But the vsurie with the principall debt which was before the death of his Auncestor did remayne and turne against the heyre And because all vsurie being forbidden by the law of God is sinne detestable 13. Eliz. c. 8. it was enacted that all vsurie lone and forbearing of money c. giving dayes c. shall be punished according to the forme of that Act. And that everie such offendor shal also be punished corrected according to the Eccle. lawes before that tyme made against vsurie By al which statutes it seemeth that the cognizance reformatioÌ„ of vsurie by the lawes of the Realm partayneth onlie to the Kinge vnles the King by his lawe permit the Church to correct the same by the censures of the church as a sinne committed against the holy law of God Touching heresies and schismes albeit the Bishoppes by their Episcopall Heresies schismes are punishable by the Kings lawes and ordinarie spirituall power grouÌ„ded vpon canon lawe or an evill custome have vsed by definitive senteÌ„ce pronouÌ„ced in their Consistories to condemne men for heretickes and schismatickes and afterward being condemned to deliver them to the seculer power to suffer the paynes of death as though the King being custos vtriusque tabulae had not power by his Kinglie office to enquire of heresie to condemne an hereticke to put him to death vnlesse he were first condemned delivered into his hands by their spirituall power although this hath bene I say the vse in England yet by the statutes of Richard the second Henrie the fift it was lawfull for the Kings Iudges and Iustices to enquire of heresies and Lollardes in Leetes Sherifes turnes and in Lawdayes and also in Sessions of the peace Yea the King by the common law of the Realme revived 25. H. 5. c. 14. by an Act of Parleament which before by the Statute of Henrie 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 Englande the Kinge by the lawes of the Realme and by his Supreame Soveraigne power with his Parleament may correct redresse and reforme all such defaultes and enormities Yea further the King and his Parleament with consent of the Cleargie in their Convocation 1. Eliz. ca. 〈◊〉 hath power to determine what is heresie and what is not heresie If then it might please the King to haue it enacted by Parleament that they which opiniativelie and obstinatelie hold defende 1 Eliz 〈◊〉 1. and publish any opinions which according to an Act of Parleament alreadie made haue bene or may bee ordered or adiudged to be heresies should be heretickes and felons and their heresies If it please the Kinge heretickes may bee adiudged felons and hereâ—ies felonies to be felonies and that the same heretickes and felons for the same their heresies and felonies beeing araigned convicted and adiudged by the course of the common law as other felons are should for the same their heresies felonies suffer the paynes of death
became followers of the evill maners of their teachers and no merveile if they verified the proverbe Like Maister like Man like Priest like People Eustatius Bishop of Antioch being a Sabellian hereticke Socr. lib. cap â—8 was deposed by the Counsell of Antioch after whose deposition a fiery flame of seditioÌ„ was kindled in Antioch 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 beeing both Arians with their coÌ„federates raised skirmishes Socr. lib. 2. cap. 2. and tumults against Athanasius After the death of Alexander Bishop op Constantinople about the electioÌ„ of a Bishop there was greater sturre then ever before time and the Church was more greevously turmoyled The people were devided into two parts the one egerlie set with the heresie of Arius claue to Macedonius the other cleaved very coÌ„stantlie Socr. lib. 2 cap. 4. to the decrees of the Nicene Counsell and choose Paulus to bee their Bishop The cause of division among the Citizens of Emisa about the election of Eusebius Emisenus was for that he was Socr. lib. 2. cap. 6 charged with the studie of the Mathematickes and accused of 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 authours and chiefe doers in that sturre were certaine Arian Bishops who before ayded Eusebius that turned vp Socr. lib. cap. 9. side down the whole state of the church These and sundry such like sturres discords factions dissentions are found to haue bin raised pursued by schismaticall and heretical Bishops their favourites followers in the olde Churches but that these or the like mischieves and inconveniences can be proved to haue fallen out by the election of parochiall Pastours in the olde churches we deny And why then should not the interest and freedome of faithfull 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 intreate the Lords Bishops that against the grounds of reason and nature against Christian equitie A request to the reuerend Bishoppes and society against the right freedome of the lawe of God against the principles of humaine fellowshippes against that which was in the beginning 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 hencefoorth barre seclude the Kings Christian and faithfull people from giving their consents vnto their Pastours Yea and we further beseech their Lordships that as schollers vnto the Apostles and as servants vnto the olde 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 loÌ„ger persist in a cursed and quareling way which is the new way and the worst way But if the Lordes spirituall A supplication to bee King by the Lords and commoÌ„s for the restitution of their right in the choyse of their Pastors of their owne accord shall not readily voutchsafe to yeelde vnto vs this our right at our intreaty then for my part I will briefly shew mine opinion what were expedient for the Lords and commons in open Parleament dutifully to pray and to supplicate at the Kings Maiestes hande Namely At the humble petitions and supplications of all his Lords temporall and Commons in Parleament assembled his Maiestie would be well pleased to giue his Royall assent to an Act to be intituled An Act for the restitution of the auncient right and freedome which the people of God in the old Churches had and which the people in England ought to haue in to or about the election of their Pastours and abolishing all papall power repugnant to the same For if as it is plainlie confessed the people of all Churches haue 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 fellowshipps 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 haue bene taken away by the cursings and fightings of the late Bishoppes of Rome then can not the people without violatioÌ„ of those lawes rules grouÌ„ds by any Episcopall power bee anie more excluded from their said right and freedome then could or might the ancient iurisdiction of the Crowne of England haue bene still vsurped by the Pope froÌ„ the Kings of Englande Admonition But alas the common people of Englande thorough affection and want of right iudgement are more easily wrought by ambitious persons to giue their consent to vnworthie men as may appeare in all those offices of gayne or dignity that at this daye remayne in the choyse of the multitude Assertion The Admonitor in one place of his admonition telleth vs that he must not put all that he thinketh in writing and yet he writeth in this place that thinge which might farre better haue bene vtterly vnthought then once written For could he thinke to winne the common people of England to a continuall good liking of high and stately Prelacie by vpbrayding and charging them to their faces in a booke dedicated vnto them with affection and wantinge of right iugement Was this the way to procure grace favour and benevolence at their handes And albeit this slaunder deserued rather to haue bene censured by the Commons in Parleament then by confutation to haue bene answered yet for the better clearing of the right iudgement of the common people givinge their consents to most worthie men in all offices of gayne or dignitie remayning in their handes I thinke it necessarie to shew the indignitie of this contumelie There be I confesse in London Yorke Lincolne Bristow Exceter Norwich Coventry and other principall Cities and Townes corporate Mayors Sheriffes Stewardes Recorders Baylifes ChaÌ„berlaynes Bridge-maisters Clerks Swordbearers Knightes Burgeses and such like offices some of dignitie and some of gayne but that the officers of these or any other places whether of dignitie or gaine be chosen by the multitude of those places is vtterlie vntrue for onely accordinge to their auncient customes priviledges and Charters by the chiefe Citizens Townsmen and Borough-maisters are those officers chosen The number also of which Electors in all places is not alike In London the Aldermen choose the Lord Mayor In other Cities and Townes sometimes eight and fortie sometimes fourteene sometimes twelfe sometimes only such as haue born office as Mayors Sherifes or Baylifes in the same places
perinde vares pluralities non residencies wherin not the people to be taught but their owne backes and bellies to bee clothed and fedde is wholy respected Now theÌ„ that this manner of goverment wherin the afore specified and the like discoÌ„modities daylie fall out vnder colour of not diminishing the Kings prerogatiue of not altering lawes setled of not attempting dangerous innovations of the preserving of the right of Patrones Bb. and Archd. should still be continued without any mention or remembrance to be once had of their discontinuance especiallie in the time of peace vnder a Christian Magistrate and in a state as he sayeth reformed wee humbly leaue to the wise and mature deliberation of our most Christian King and State in Parleament And we most humbly beseech the King State that indifferentlie freelie and largelie it may be argued SupplicatioÌ„ to the Kinge and State in Parleament heard and examined whether it be possible that the tenth parte of these or anie other the like disorders corruptions grievances can possibly fall out in the church by that platforme of Discipline which is required to be planted And to the end that the Kings Maiestie and the State might rightlie and perfectlie bee Petition ordinatioÌ„ c. of Ministers or Pastours howe the same may be made without Bb. or ArchdeacoÌ„s not disagree able to divers lawes alreadie setled informed and resolved of those pointes whereof we now speake viz of the petition ordination election presentation and admittance of every Parochiall Pastour to any church with cure of soules how the same may stand and not be disagreeable to diuers lawes alreadie setled and in force it is requisite that the substance of these thinges in this place bee intreated of wherein against the base office meane person of the Archdeacon we oppose the Royall office most excellent person of the King against the immoderate office and stately person of one lordly Bishop we oppose the meeke and teÌ„perate cariage of a Senat or Presbyterie of many wise learned and grave Ministers togither with a Reverend assemblie of the Ancientes and chiefe Fathers of every Church destitute of a Pastour As for the Patrones right wee are so far from diminishing any iotte of the true right which by laws setled he ought to haue as that he shall quietlie possesse his interest and that with lesse trouble and expence yea and with greater priviledge then he did before Thus therefore touching the office and person of the King the duetie of the Presbiterie people the right of the Patron and the person of the Minister to bee ordeyned thus and thus we saye 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 ful power and authoritie by letters pateÌ„tes vnder the great seale of England when and as often as need shall require as he shall thinke meete and coÌ„venient and for such and so long time as shall please his H. to assigne name authorize such person or persons beeing naturall born subiectes as his Maiestie shal thinke meete to exercise vse occupie exequut vnder his H. all manner of iurisdictions privileges and preheminences in any wise touching or concerning any spirituall or ecclesiasticall iurisdiction within this Realme of Englande Agayne by the booke of ordeyning Bishoppes Priestes and Deacons it is prescribed that the Bishoppe with their The Bb. Priests must lay on their hands Priestes shall laye their handes severally vpon the heads of everie one that receaveth Orders that every one to be made a Minister must be of vertuous conversation and without crime sufficientlie instructed in the holy Scriptures a man meete to exercise his ministerie duelie that he must be called tried and examined that he must bee presented by the Archd. 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 H. 8 it is affirmed That a Bishoppe must haue sixe The Bishops must vse six Chapleines at giuing of orders Chapleines at giving of orders Besides by an ancient and lowable custome the Parishes and Parish Churches within every Archdeaconrie remayne vnto this daye distributed into certaine Deanries Every Archdeacon devided into Deanries amoÌ„g the Ministers of which Deanries the Parson or Vicar of the auncientest Church commonly called the Mother Church of the Deanrie vnles by consent some other be chosen by the Ministers them selues hath the first place and is the chief director and moderator of whatsoever things are propounded in their Synodall meeting which Minister also is called Archipresbiter or Decanus curalis according to the appellation of the chief Minister of the mother or chiefe church of that Diocesse who is called Archipresbiter or Decanus cathedarlis so that vnto this day these Ministers meeting at the ArchdeacoÌ„s visitations once in a yeare at the least there remayneth in the Church of England a certaine image or shadowe of the true ancient Apostolicall conferences and meetings Wherefore from these lawes from this ancient maner of the meetinges of Ministers and of having one principal and chief moderator amongst them according to the Apostolicall practise and vsage of the primatiue church thus alreadie setled in the church of England wee humbly leave it to bee considered by the Kings Maiestie First whether it were not meete and convenient for his Highnes by his letters patentes vnder the great Seale of A Minister to be ordeined by the Bishops and a companie of Ministers at the Kings commandement England to assigne name authorize the Bishops six or moe Ministers within everie Deanerie continually resiant vpon their benefices and diligentlie teaching in their charge to vse and execute all maner of iurisdiction privilege and preheminence concerning any spirituall ordination election or institution of Ministers to bee placed in the Parochiall Churches or other places with cure of soules within Secondlie when any Parish Church or other place with cure of soules shal be voide whether it were not meete convenient that the auncientes and chiefe Fathers of that place within a time to be limited for that purpose should intimate the same vacancie vnto the office Vacancie of a benefice to be intimated to the kings office of the Kings civill Officer appointed for that Shire or Diocesse to the end the same Officer by authoritie froÌ„ the King might command in the Kings name the Bishop and other Ministers to elect and ordeine and the people of the same place to approve allow of some able and godlie person to succâ—ede in the Church Thirdly the Patrone if the same be A lay patrone insteed of varying his Clerck may present two Clerkes at one time a common and laie person having now libertie to vary his Clerk if he be found vnable whether it were not meete and convenient to avoid all maner of varying that within
together with their functions are arbitrable ceremonious rituall traditionall or circumstanciall yea and removeable at the pleasure of the King and State Neither doth this disagree from that A Bishopp Pastor and Elder and our Lorde B. diffu which was erst sayd of a Bb. or Pastor that they be all one in respect of their function For it is not sayd that an humane Bishop and Pastor but that a Bb. and Pastor are all one For a Bb. simplie so called is not a Bishopp and Pastor in respect of his fellowe brethren but only in regard of his flocke which he ouerseeth feedeth and ruleth But a humane what a lord Bishopp is Bishopp is hee that is promoted vnto this dignitie by man and who by mans authoritie taketh vpon him superoritie preheminence ouer them which are equall vnto him touching their function that intangleth himselfe with civill gouernment and wordlie affaires and whose Bishopplie office consisteth not so much in the dispensation of Gods worde and Sacraments as in Lordlie Bishoplie apparell Crossing with the signe of the crosse confirmation of children sole imposition of hands sole excommunication sole enioyning of articles vpō the people and Clergie of his Diocesse consecration of oratories delegation of his episcopall authoritie to his Suffragane Vicar generall and principall officiall and other such humane and Bishopplie functions All which are after the customes preceptes and traditions of men And albeit D. O. by vertue of the Queenes congedelier were chosen by the Deane and Chapter of Lichfield in episcopum Pastorem ecclesiae Lichfieldensis yet is hee never intituled The Lorde Bishoppe of Lichfield is neuer honored with the title of being Lorde Pastor with the dignitie of being the Lord Pastor but onely with the honor of being the Lord Bishop of Lichfield so that one and the self same person being a Bishop and a Pastor may be a Lord Bishop over Pastours but not a Pastor over Pastors Wherevpon it followeth that the Pastorall Pastoral authoritie of a Lord Bb of other Pastours is equall authoritie which hee hath in common with his brethren the other Pastors of his Diocesse is of no superioritie or proheminence aboue theirs and that touching the function both of his and their Pastorall cure charge there is a paritie betwene him and them by reason whereof he can haue no power over them because par in parem non habet imperium But why is it that he can not be called Pastor Pastorum ecclesiae Lichfieldensis Lord Pastor of the Pastors of the Church of Lichfield and yet may be called Dominus Episcopus Pastorum ecclesiae Lichfieldensis Lord Bishoppe of the Pastors of the Church of Lichfield Why but only for that there is custome tradition and the lawe of man for his episcopall iurisdiction and for that his pastorall function if hee haue any belongeth vnto him in common with his brethren the other Pastors iure divino The Bishoppe then having these two severall Whether a lord Bishop minister the doctrine sacrament and discipline of Christ by vertue of his lordlie episcopal or pastorall office and distinct offices imposed vpon his person the one by divine the other by humane lawe the one humane and episcopall the other without pompe pastorall there ariseth from thence this question by which of those two functions hee may lawfullie I meane according to Gods lawe minister the Doctrine Sacramēts censures of Christ If it be aunswered that it is lawfull for him by vertue of his Pastorall office to minister the doctrine and Sacramentes and by force of his humane Episcopall office to minister the censures of Christ then is not the answere fitted to the question the same being made â bene coniunctis ad male divisa For the censures of Christ as well as the doctrine of Christ being simplie of divine ordināce it must followe if his episcopall power be only of humane right pastoral power only of divine institution that the censures may be ministred by authoritie derived only from mā but the doctrine and sacraments by power derived onlie from God Which commixion of divine and humane right in the execution of the ordinances of God can no maner of wayes be sound pure and sincere and therefore also can not be pleasing vnto God For no more can the censures of Christ to the pleasure of God bee lawfullie administred by the authoritie of any one whose function is of man and not of God then could the sacrifice of God be offered by one who was a priest of man and not of God Now that humane episcopalitie or Bishoppisme in the Church of England is authorized and deduced from the power and law of Lordlie episcopalitie authorized onlie by the lawe of the Realme man viz. of the King Realme alone is evident as well by the donation endowment of the auncient Bishoprickes founded by the Kingly prerogatives of the Kings of this Realme as by the erection and establishment of the new Bishoprickes of Chester Gloucester Bristoll Peterborough and Oxford with their cathedrall Churches Seas Cities meeres and boundes of those humane Bishoppes for the exercise of their episcopall administration according to an act of Parleamēt authorizing the Kings Highnes to make Bishoppes by his letters patentes Nay further that humane episcopall iurisdiction within the meres Note that King Henry the eight by letters patents made Bb. therefore c. and boundes of every Diocesse within England is merelie of humane and not of divine iustitution appeareth by that power and authoritie which the Kinge hath in translating dissolving of Bishoprickes in conserving episcopall iurisdiction 31. H. 〈◊〉 c. 9 sometimes to such persons as be no Bishopps as did William the Cōquerour when he gaue Episcopall power to the Abbot of Battayle and lastlie by the verie maner and forme of the nomination licēce of election authoritie of investiture confirmation and consecration of Archbishoppes and Bishops established by the more positive lawe of the Realme But if it be aunswered that 25. H. 8. c. 20. the Bishoppe by his humane episcopall power doth minister the doctrine Sacraments and discipline of Christ then is the case worse with him then it was before because then not onlie the Discipline of Christ but also the doctrine Sacramentes of Christ should be ministred by that authoritie whiche is of humane institution Besides the answer should be vntrue because the Bishoppe at the time of his cōsecration doth not receyue anie authoritie to preache the worde and minister the Sacraments for that authoritie was then commited vnto him when first he was ordeyned to be a presbyter But the authorite which he receyueth at the time of his consecration is to correct and punish such as bee vnquiet disobedient and criminous within his Diocesse Whereby once againe is that confirmed which was erst said viz. That episcopall power in Englande is not of divine but of humane institution Especiallie for that
can any way be pregnant to proue the other And touching his assumption viz but the planting of the gouerment practised by the Apostles and primitiue Church will draw with it many great alterations of the state of gouerment of the lawes If in this place he vnderstood the state of Church gouerment and of the lawes Ecclesiasticall now in vse then is the proposition true And yet notwithstanding we avow the Gospell to be so farre from incurring any ouerthrow by such an alteration as thereby it is certayne that the same shal more more florish and be perpetuallie established by reason that this alteration should be made frō that which by long experience is knowne to be corrupt vnto that which is knowne by the holy Scriptures to be pure and sincere From a gouerment I say and lawes authorized by tradition and commandements of man alone to a policy lawes founded and descended by and from God him selfe But if the Admonitor by the assumption ment to enforme vs that the planting of the Apostolical gouerment will draw with it manie and great alterations of the temporall state of gouernment and of the temporall lawes statutes or customes of the kingdome then as before to his first so now also to his seconde I answere negatiuely and affirme that the The planting of the Apostolicall gouermēt will draw no alteratiō of the lawes of the realm with it planting of the said Apostolicall gouerment will not draw with it any least alteration of anie part of that temporall state of gouerment nor almost of anie one common statute or customarie law of the Land which may not rather bee altered thē reteyned For this platforme of gouerment we are able by the helpe of God to defend the same generallie for the most part to be most agreeable and correspondent to the nature qualitie disposition estate of our countrey people common weale and lawes as in our particular answeres to his particular reasons shall more at large appeare In all new and extraordinarie alterations it is not onely requisite to abolish al bad opinions out of the minds of those that know not the drift of the enterprisers but it is also necessarie that the defence of such alterations be made forcible against the opposition of all gaynesayers We will descend to the particulars ioyne issue with the Admonitor And vpon allegations exceptions witnesses and recordes to be made sworne examined and produced out of the holie Scriptures and lawes of the Land alreadie setled on the behalf of our cause before our Soveraigne Lord the King his Nobles and cōmons in Parleament we shall submit our selues and our cause to the Kings Royall and most Christian Iudgement In the meane time we 〈◊〉 that not onely the former clause of this admonitorie Bill but that al other clauses following in the same bill for the invaliditie insufficiencie indignitie and nullitie of them are to be throwne out and dismissed from the Kings Court especiallie for that the particulars opened by the Admonitor can not serue for any reasonable warning to induce the common people to relie themselues vpō his I am of opinion to the which wee plead at barr as followeth Admonition First saith he the whole State of Pag. 77. the Lawes of this Realme wil be altered For the Canon Law must be vtterlie taken away with all Offices to the same belonging which to supply with other lawes and functions without many inconveniences would bee verie hard the vse and studie of the civill law wil be vtterly overthrown Assertion When by a common acceptance and vse of speech these words whole state of the lawes of the Realme are vnderstood of the common and statute lawes of the Realme that is to say of the Kings temporall lawes and not of Canon or civill lawes it cannot followe that the whole state of the lawes of the Realme should Canon and civil laws no part of the laws of the Realme but only by sufferance be altered though the Canon and civill lawes with all Offices to the same belonging should be vtterly taken away be wholy overthrowne For no more could the Admonitor prove the canon or civill law at any time heretofore to haue bin any part of the lawes of this Realm otherwise then onlie by c 2. 25. H 8. C 21. in the preamble sufferance of our Kings acceptance long vse and custome of our people then can any man proue a parsly-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 haue concluded thus the whole scite of the Castle of Farnham wil bee transposed for the Boxetrees the heythorn arboures and the quicke set hedges planted within the Castle-garden must be removed cast away which were but a proof proouelesse 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 bee changed what reason haue we to thinke that the whole state of the lawes of the Realme must be altered Besides to conclude the whole by an argument drawen 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 logike nor good law Moreover if all the canon-law I meane all the papall and forraigne canon law devised and ordeined at Rome or els where without the Realme and consequently all the Offices functions to the same belonging bee alreadie vtterlie taken away what hope of reward can Civilians expect from the vse of such things as are within the compasse of that law or of what efficacie is this argument to prove an alteration of anie part of the lawes of this Realme or that the studie of the Civill Law should be vtterly overthrowne For the whole state of the lawes properlie called the lawes of the Realme hath stood and continued many yeeres since the same Papal and canon law was abolished And as touching the Civilians for them to seeke after prefermentes by An imbasemēt for Civiliās to haue preferment by offices of the canon law offices and functions of the canon law is an embasement of their honorable profession especiallie since farre greater rewardes might verie easilie be provided for them if once they would put to their helping handes for the onely establishment and practise of the civil law in the principall causes now handled by them in the Courtes called Ecclesiasticall The canon law be abolished out of the Realme ought not to be vsed But how may it be proved that the Papall and forreign canon law is alreadie taken away and ought not to be vsed in England For my part I heartilie wish that some learned men in the common law would vouchsafe to shew vnto the King and Parleament their clere knowledge in this point In the meane season I shall not be negligent to gather set downe what in mine
haeredibus nostris in perpetuum quod Ecclesia Anglicana libera sit habeat omnia iura sua integra libertates suas illaesas We haue graunted vnto God and by this our present writing haue confirmed for vs and for our heyres for ever that the church of England be free and that shee haue all her rights and liberties whole and vnhurt Nowe by this Charter if the same be cōstrued aright there is provision made first that such honour and worship bee yeelded by the King and his subictes his and their successors and posteritie vnto God as truely and in deed belongeth vnto him Secondlie that not onely such rightes and liberties as the King his progenitors but also that such as God had endowed the Church of England with should inviolably be preserued And in verie deed to speake truely properly such rights and liberties onely are to be called the rightes liberties of the church of England which God him selfe hath giuen by his lawe vnto his vniuersall Church not which the Kings of England by their Charter haue bequeathed to the particular church of England When therefore questiō is made that by the great Charter the Kinges of England are bound to maintayne the rights and liberties of the Church of Englande we are to enquire and search what rights and liberties God in his holie word hath granted vnto his vniversall Church and so by consequence vnto 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 effectuallie and powerfully to bend him selfe against the Popes supremacie vsurped at that time over the Church of England For saith the King wee will with hazard of our life and losse of our Crowne vpholde 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 vnhurt but being in bondage and servitude to the Sea of Rome contrarie to the lawe of God the King iudged it to stande highlie with his honor with his oath according to the measure of knoweledge which then was giuen vnto him to reform redresse amend the abuses of the same Sea If then it might please our gratious Soveraigne Lord King IAMES that now is treading in the godly steppes of his renoumed great Vncle to vouchsafe an abolishment of all lordlie primacie executed by Archiepiscopal Episcopall authoritie over the Ministers of Christ His Highnes in so doing could no more rightlie bee charged with the violation of the great Charter then might King HENRY the eight with the banishment of the Popes supremacie or then our late Soveraigne Ladie the Queene could be iustlie 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 bin so straightlie tied to the wordes of the great Charter that they might not in anie sort haue disannulled any supposed rightes liberties of the church then vsed and confirmed by the great Charter vnto the church that thē was supposed to be the Church of God in England then belike King Henrie the eight might bee atteinted to haue gone against the great Charter and against his oath whē by the overthrow of Abbayes Monasteries he tooke away the rightes and liberties of the Abbotts and Priors For by expresse wordes of the great Charter Abbotts and Priors had as ample and as large a Patent for their rightes and liberties as our Archb. Bb. can at this day chalenge for their primacies If then the rightes and liberties of the one as being against the lawe of God be duly lawfully taken away notwithstanding any matter clause or sentence conteyned in the great Charter the other haue but litle reason by colour of the great Charter to stand vpon their pantofles and to contend for their painted sheathes For this is a rule maxime in all good lawes that in omni iuramento semper excipitur authoritas maioris vnlesse then they be able to iustifie by the holy scriptures that such rightes and liberties as they pretend for their spirituall primacie over the Ministers of Christ to be granted vnto them by the great Charter be in deed truth likewise confirmed vnto them by the holy law of God I suppose the Kinges Highnes as a successor to King Henrie the third and as a most iust inheritour to the Crown of England by the words of the great Charter and by his oath if once the same were taken to be bound vtterlie to abolish all Lordly primacie as hetherto vpheld and defended partly by ignorance and partlie by an vnreasonable and evill custome Admonition The vse and studie of the civill lawe wil be vtterly overthrown for the Civilians in this Realme live not by the vse of the civill lawe but by the offices of the canon lawe 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 lawe you must needes take away the hope of rewarde and by that meanes their whole studie Assertion This collection dependeth vppon his former Reason is borrowed to proue a necessary continuance of canon law and concludeth in effect thus The taking away of the reward and maintenance of Civilians wil bee the overthrowe of the vse and studie of the civill lawe But the taking away of the canon lawe the offices and functions thereof and such things as are within the compasse of the same wil bee the taking away of the reward and maintenance of Civilians Therefore the taking away of the canon lawe wil be the overthrowe of the vse and studie of the civill lawe But we denie the assumption and affirme The maintenance of Civiliās dependeth not vpō the functions of the canon lavve that Civilians might haue farre better reward maintenance then now they haue if the offices and functions of the canon lawe and such things as are conteyned within the same were simply and absolutely taken away And further we say if there were none other vse nor end of the studie of the civill lawe then hope of reward and maintenance by some office function of the canon lawe that then Civilians should in vaine seeke for knowledge in the civill lawe because without the knowledge thereof and by the only knowledge of such things as are within the compasse of the canon law they might reape that rewarde and maintenance Nay sithens by experience wee haue known that some who neuer vnclapsed the institutions of Iustinian out of the same to learne the definition of civill iustice haue bin yet are authorized to exercise the offices and functions of the canon law how should the studie of the civill lawe bee furthered by these offices and functions when as without any knowledge of the civill
did neuer yet stande by the authoritie of the three Estates I will take his meaning to be that the statute lawes of England to this day haue stood by authority of the three Estates which to alter nowe by leaving out the one c. and then therevnto I aunswere that not any one of the three The bringing in of the discipline by pastours and elders is not the leauing out of Parleament any one of of the three Estates Estates should be left out or barred frō having authoritie in making and promulging statute lawes though the goverment of the Church by Pastors and Elders were brought in For we which so much cry as he saith for this maner of gouerment to be planted are so farr from exempting or excluding any one of the three Estates from their auncient power priviledge and preheminence in the making of statute lawes as that we pronounce him to bee guilty of high treason to the King and to the Realme that avoweth the contrary And we affirme directly and confesse plainly that it belongeth onely wholy and altogether to the three Estates as well to roote out and to pull vp whatsoever goverment is not iustifiable by the holy law of God as also to plant to setle whatsoever discipline is warrantable by the same law And to speake as the thing is how were it possible to haue the discipline by Pastors Elders planted by authoritie of the three Estates if one of the three Estates should be left out Or can it be imagined that any one of the three Estates would euer consent to the bringing in of such a governement of the Church as whereby the same goverment being once brought in the same estate should ever afterwards cease to be any more an estate Besides we acknowledge that all powers are of God therfore euery one of the three Estates being a power wee graunt that the same hath his stateship by the authoritie of God And if all the three Estates be lawfull by the holie law of God how can it be verified against vs that we which vrge 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 of any one of the three Estates But which of the three Estates was it that he ment should be left out I trow there The state of the Prelacie is not one of the three estates in Parleament is none of the state of Prelacie so ill advised as to take vpon him the proofe of this position viz. That the Lords spirituall by them selves alone doe make one of the three Estates or that the statutes of England to this day haue stood by their authorities as by the authoritie of those who alone by themselves are to be accompted one of the three Estates For if that were so how much more thē might the great Peres Nobles and temporall Lords chalenge to make by them selves an other estate And without contradiction to this day the Commons summoned by the Kings writ haue ever bene reckoned a third Estate Now then if statutes haue hitherto stood by authoritie of the Lords spiritual as of the first Estate by authoritie of the Lordes temporall as of the second Estate by authoritie of the Commons as of the third Estate I would gladly be resolved what accoumpt the Admonitor made of the Kings Estate It had not bene liegnes nor loyaltie I am sure howsoever hee spake much of the Lords spirituals duty and fidelitie in the execution of our late Queenes lawes to haue set her Royall person authoritie and State behind the lobby at the Parliament doore Either the Kinges Royall person then as not comprised within the compasse and circumscription of the three Estates by his meaninge which had bene but a very bad meaning must be thought to haue bene hitherto secluded from authorizing the statute lawes made in Parliament Or it is a most cleare case that the Lords spiritual them selves alone do not make any one of the three Estates And what matter then of more weight may it happelie seeme to be to alter the authoritie of the Lords spirituall and to leaue them out of the Parliament when as notwithstanding they being left out the statutes of England may remaine 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 euer hath bene a perfect entire and complete body and State without the body and state of Prelacie And that the King the Nobles Commons of the Realme without Prelates Bishops or Clerckes do make vp all the members and parts of this body and of this state and may therefore ordaine promulge and execute all maner of lawes without any consent approbation or authoritie yeelded vnto the same Anno 36 H 8. fo 58. b. Anno 〈◊〉 j. fo 93. 2 by the Bishops spirituall or any of the Clergie And thus much our Divines Histories Lawes do iustifie Sir Iames Dier Lord chiefe Iustice of the cōmon pleas in his reportes telleth vs that the state and body of a Parliament in England consisteth first of the Kinge as of the head and chief part of the body secondlie of the Lordes as principall members and lastlie of the Commons as inferiour members of that bodie By a Statute of provisoes it appeareth 25. Ed. 3. holy church founded in the state of Prelacie by the King That the holy Church of England was founded into the state of Prelacie within the realme of England by the grandfather of King Edward the third and his progenitours and the Earles Barons and other Nobles of the Realme and their Auncestors for them to enforme the people of the law of God These vses are changed to the keeping of great horses great troupes of idlers with long hayre and great chaines of golde to make Hospitalities and almes and other workes of Charitie in the places where the churches were foūded From whence it followeth First that the Archbishoppes Bishoppes onelie alone doe not make of themselues any state of Prelacie but that the whole holy church of England was founded into a state of Prelacie Secondlie it is playne that the 6. Eliz. c. ◠Kings of England before they and the Earles Barons and other Nobles and great men had founded the holy church of Englande into a State of Prelacie ought and were bounden by the accord The Kinge boūd to doe lawes made without assent of Prelates to bee kept as laws of the realm of their people in their Parleaments to reforme and correct whatsoeuer was offensive to the lawes and rightes of the Crowne and to make remedy and lawe in avoyding the mischieves damages oppression and greevances of their people yea and that the Kings were bound by their oathes to doe the same lawes so made to be kept as lawes of the
the Lordes temporall whether the Lordes spirituall would or no. And that contrary to the expresse decrees canons of the church of Rome And thus much the most reverend and godly Father Maister Iewell Bishop of Salisbury wherefore to conclude this point against the Admonitors position I dispute thus All those persons who by any necessity are none of the three estates and by whose authorities the statutes of England to this day haue not stood to leaue out the same persons may happely seeme a matter of lesse weyght then all men doe iudge it But the Archb and Bb. are such persons as by necessitie are none of the three estates and by whose consents the statutes of Englande to this day haue not stood Therefore to leaue out the Archb and Bb. may happely seeme a matter of lesse weight then all men doe iudge it If our Evangelicall Bishops be of that opinion of which the Popish Bishops were viz that the house of Parleament is an vnfit an vnmeete place to haue the holie cause of the religion of God debated and concluded vpon and that the Layitie without the Clergie ought not to conclude any thinge in religion that in respect hereof their presences their voyces and their assents are necessarie in the Parleament If our Evangelicall Prelates I say make this obiection then besides that hereby they vnseemely vnmannerly vnchristianly accuse the whole land of ignorance and blindnes in religion supposing neither King nor Nobles nor Commons to be able to discerne betwene 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 reuerend Fathers Maister Pilkington Maister Iewell haue aunswered to such cavillous slaunders For what els intended they by many examples proofes brought for the Parleamentes of England consisting of the King the Nobles and the Commons to be lawfull Parleaments and to haue right to establish religion but to iustifie against Popish scoffers that religion might be receyued established in Parleament notwithstandinge the absence or exclusion of the Clergie Besides since our lawes do vphold the state authoritie of the Convocation Matters of religion not concluded in Parleament before the same bee consulted of in conuocation house for the examination of all causes of Religion surely it can not be truely averred that it is necessarie for Evangelicall Bishops to be members of the Parleament house least controversie of religion should be handled and discussed without them For how should any matter of religion bee concluded without them in Parleament when first of all the same is to be argued among them selves in convocation or let them hardely if they can shew any one instance of any change or alteratiō either from religion to superstition or from superstitiō to religion to haue bin made in Parleament vnlesse the same freely at large haue bene first agreed vppon in their Synodes and Convocations And what booteth it then to haue a double or treble consultation and consent of Archbishops Bishops in Parleament Is the holy cause of God any whit bettered by their Bishops riding from Paules to Westminster Or can it receiue any more strength by their walking from Westminster Church to Westminster Pallace Nay it hath bene oftentimes so farr from being promoted by their Bishops as not onelie in their convocations but also in the Queenes Parleaments the same hath ben shamefully intreated and taken the foile as may witnesse the bill for the better observation of the Sabboth 27. Eliz. which beeing passed by both houses of Parleament was notwithstanding gainesaid withstood by none so much as by certayne Evangelicall Bishops which as there all men generallie conceaved was onlie stayed from being made a law by the Queene vpon their counsell and perswasion Admonition It hath bene alwayes dangerous to pick quarels against lawes setled Pag. 78. Assertion And is it not morbus hereditarius in Steuen Gardeners argument and the Admonitors argumēt in effect one Prelates to picke quarrels against reformation of errours For even this did Steven Gardener reason against the Lord Protector That in no case sayth Steuen Gardener is to bee attempted of the Lord Protector which may bring both danger to him and trouble to the whole Realme But innovation of Religion from that state wherein King Henry left it may bee and is like to bee dangerous to the Lord protector to breed troubles to the whole Realme Therefore innouation of Religion from the state that King Henry left it is in no wise to be attempted And even of this stāpe of this streyne is the argument of picking quarrelles against lawes settled for thus in effect he argueth That Discipline in no case is to bee brought into the Church by the Kinge Parleament which may be dangerous to lawes setled But to bring into the Church the Apostolicall discipline may bee dangerous to lawes setled Therefore the Apostolicall Discipline in no case is to bee brought into the Church by the King Parleament But forasmuch as that noble and religious Lord Protector notwithstanding Steven Gardiners sophistrie continued constant and couragious in the abolishment of Poperie and superstition which King Henrie left did without dangerous alterations of lawes then settled innovate religion How much more now may the Kings Maiestie the Lesse dāger to reforme the Church by newe lawes then to continue corruptiō by old lawes Lords and Commons in Parleament attempt with effect an innovation of that state of Ecclesiasticall goverment wherin the Queene left the Church And if it can not be denied but it had bene farre more daungerous for the Realme and for the Lord protector not to haue setled the holy doctrine of the everlasting Gospel by new lawes then to haue mainteyned and continued antichristianitie by old lawes how should it bee lesse danger for the King in these dayes to continue corruptions in the Church by tolleration of old lawes then to haue the same corruptions reformed by establishment of new lawes But vnto whō or vnto what hath it bene daungerous to picke quarrelles against lawes setled What Hath it bene dangerous to lawes setled No. For how should lawes setled be indangered by quarelers sithence quarellers are euermore in daunger of lawes settled Or hath it bene alwayes dangerous for a King for a State for a people or for a Countrey to picke quarelles against lawes setled No. For what man is he or what face carieth he that dare vpbrayde a Countrey a people a State or a King minding to vnsetle evil lawes euill customes to be quarelers against lawes setled Let it then onlie be daungerous for private persons vpon private malecontentment to picke quarelles against good lawes wel rightly setled and let it not be hurtfull or dangerous for supreame Kings powers and Principalities by publicke edicts to alter evill lawes evilly setled For to what other end should evill lawes evilly setled
subversion vpō any nation that purely and soundly in place therof hath embraced the holy Sacrament of the Lords Supper It seemeth also to be equal for many ages past that the Bishop of Rome might haue supreame and absolute power over all persons states and causes not only in Rome Italy Spaigne Germany other forraigne Kingdoms but also in England and Scotland But as yet to the view of al the world it hath not proved perilous for the King Queen of England and Scotland to establish new lawes for the alteration of that ancient abuse And why hath it not bene dangerous so to do Why forsooth because there was evident vtilitie in doing of it But how could an evident vtilitie appeare before it was done How Forsooth because the holy law of God had warranted an alteration For faith having eyes to see the wisedom the power and the trueth of God in his word discerned a far of that the institution of the Lords Supper was long before the sacrifice of the masse And therefore our Kings by abandoning popery out of the Realme did not institute any new religion but onely they restored the old Now then if the same holy lawe of God doe condemne the choyce and thrusting of a Pastour vpon the people by one man alone and againe if the same lawe doe impugne the primacie of one Pastour over all Pastours as wel in a Diocesse or Province as in the whole West part of Christendome what daunger can it be not to disfrāchise the one sithence without any maner of danger we haue abolished the other or what perill can it be not to countenance the sonnes sithence without peril we haue discountenanced the father Especially seeing in this place of the admonition we haue a playne cōfession that the common maner of election of Pastors Elders and Deacons in the old Churches was made by the people For if the examples of schisme discord Common manner of elections in the olde churches was by the people contention did commonly appeare in the olde churches while that maner of election did continue then by his owne mouth that maner of election was common and did continue in the olde churches Besides this inconvenience saith he caused Princes Bishops so much to entermedle in this matter From whence it necessarily againe followeth that by the holy Scriptures and law of God Princes and Bishops did not entermedle with that matter at all For had it bin simply lawful for thē to haue Bb. medle not with election of Pastours by the holie Scriptures dealt in those causes by the worde of God thē as well before schisme discord and dissention as afterward yea rather much more before then afterward For then by their own right might Princes and Bishops haue prevented all occasion of schisme and contention and haue so preserved the Church that no tumult or disorder should once haue bin raysed or begun therein Againe if by the lawe of God Princes Bishops had medled in these matters and had not entermedled by humane devise then lawfully by their authoritie alone might they haue chosen Pastours Elders and Deacons in the olde Churches which thing in this place by necessarie inference he denieth For schisme saith he caused thē to entermedle So as by his confession they were but entermedlers and entercommoners by reason of schisme not cōmoners and medlers by vertue of Gods word And yet now a dayes our reverend Bishops in this case are no more entercommoners with Princes and with the people they are no more entermedlers as in olde times they were but they haue now so farre encroched vpon the prerogatiues of the Prince and privileges of the people that neither Prince Bishops encroch vpon the right of prince and people nor people haue any commons in the election of Pastours Elders Deacons with them at all Besides if schisme and contention among the people were the reason why Bishops first entermedled in the choise of Pastours we now having no schisme nor contention about the choise of Pastours by the people and so the cause ceasing why should not the effect likewise cease But this effect is therefore still to be continued because otherwise the cause would a new sprout out and spring vp againe Nay rather inasmuch as for these many yeares we haue had schisme discord dissention because the Bishops wholy and altogether haue medled in the choise of Pastours and haue thrust vpon the people whatsoever Pastours please not the people but pleased themselves haue not suffered the people to medle no not so much as once to entermedle in these matters in as much I say as these things be so it seemeth most expediēt requisite necessarie for the appeasing pacifying of this discord the taking away of this schisme to haue that maner of election which was in the old Churches restored to the people and this wherein the Bishops haue entermedled without authoritie from the worde to be abolished that so againe the cause of schisme and strife which is now among vs ceasing the effect might likewise cease After I had ended this tract in this maner touching this poynt there came into mine handes a booke intituled The perpetuall gouernment of Christes church written by Thomas Bilson Warden of Winchester Colledge in the fifteenth chapter of which booke is handled this question viz to whom the election of Bishoppes and Presbiters doth rightlie belong and whether by Gods lawe the people must elect their Pastours or no. In whiche Chapter also the matter of schisme strife and contention is handled The finall scope and conclusion whereof is as the proposition importeth two fold First cōcerning Bishops then concerning Pastours The quarell taken against Bishoppes doth not so much touch sayth he the office and functions of Bishoppes as it doth the Princes prerogatiue When you rather thinke the Prince may not name her Bishoppes without the consent and election of the people you impugne nor vs but directlie call the Princes fact and her lawes in question As touching this poynt of the proposition because the people by any lawe or custome never chalenged anie right or interest in the choyse of the Kings Bishoppes we haue nothing to medle or to make about the choyse of any of his Kinglie Bishoppes The Kinge only hath power without the people to nominate his Kingly Bb. Nay we confesse as his Highnes progenitours Kings of England haue bin the Soveraigne Donours Founders Lords and Avowes of all the Bishoprickes in England without ayd of the people that so likewise it is a right and interest invested into his Imperiall Crowne that he onely his heyres successours without cōsent of the people ought to haue the free nomination appointment collation investiture and confirmation of all Bishoppes frō time to time to be placed in anie of those Bishoprickes yea we say further that the King alone hath not power onely to nominate collate confirme but also to
childes Baptisme should be of stone of pewter of brasse or of silver whether the Minister should descend to the lower ende or the childe ascend to the vpper end of the church Whether the child should haue a great handfull or a litle sponefull of water powred vpon his head In the celebration of the Lordes Supper it is directlie commaunded that the people shal stand sit or passe whether it should be celebrated every first or second Sabboth of the moneth whether in the morning at noone or at night In the ordination of Ministers there is no iust proofe to bee made that any certeyne number of Ministers are to lay on their hands that the day of ordination should be alwayes one that the Minister should bee of such an age or that the prayers should bee of this or of that lenght and forme of wordes And therefore touching these and such like thinges of indifferencie we agree with the Admonitor and reverend Bb. that one forme of externall orders rites ceremonies is not of necessitie to be in every Church because there is no such order witnessed by the holy Scriptures to bee of necessitie But touching the ioynt severall functions of Bishops Pastours and Elders that they or any of them should in any age or state of the church of Christ bee wanting or that such offices as by warrant of the Scripture are coupled together should be severed or that any other persons should be appointed to execute any functions in the Church then such persons only as for their functiōs haue warrant from the holy Scriptures wee can not in any sorte therevnto agree And why forsooth because all both offices and officers in the Church must only and alonely be derived from our Saviour Christ as from the only fountaine and bestower of all officers offices in the house of God And therefore albeit we should graunt as the Admonitor hath saide that the outward order vsed in the primitiue Church touching rites ceremonies by Bishops Pastors and Elders is neither necessarie nor so convenient as it may be otherwise in the time of peace vnder a Christian Magistrate yet we may not herevpō imply as his negatiue implieth viz. that Bishops Pastors Elders or any of them are neither necessary nor so convenient officers or governours as other officers of mans invention might be For which our opinion by the helpe of God wee shall assay as before hath bene mencioned in an other place to lay down out of the worde of God some iust proofes according to the Admonitors request that there ought to be in all ages and states of the Church this outwarde order forme of goverment viz. that Bishoppes Pastours and Elders ought evermore to bee spirituall governours and that evermore they and none other ought to vse that essentiall kind of spirituall goverment and none other which was practised by the Bishoppes Pastours and Elders in the Apostolicall and primitiue Church Allwayes leaving the outward rites and ceremonies of their spirituall kind of goverment to be indifferent as erst hath bene said FINIS Speaches vsed in the Parleament by Sir Francis Knolles and after written to my L. Treasurer Sir William Cecill TO the end I may enform your Lord shippe of my dealing in this Parleament-time against the vndue claimed superioritie of the Bishoppes ouer their inferior brethren Thus it was Because I was in the Parleament time in the 25. yere of King HENRY the eight In which time First all the Clergie aswell Bishops as others made an hūblie submission to King HENRIE the 8. acknowledging his Supremacie and detesting the vsurpation of the Bb. of Romes authoritie Vpō which submission of the Clergie the King gaue vnto the said Bb. the same ample rule that before they had vnder the Pope ouer their inferior brethrē saving that the same rule was abridged by statute by this parenthesis following that is to say without offending the prerogatiue Royal of the Crown of England the lawes customes of the Realm In the latter end of the Statute it was added that whosoeuer offendeth in any one parte of that statute their Aydors Counsellers and Abbetters they did all fall into the penaltie of the premunire And after I had recited this statute in the Parleamēt-house I declared that in King HENRIES the eight days after this There was no Bishoppe that did practise superioritie ouer their inferiour brethren And in King EDWARDES dayes the said Bb. obteyned a statute wherby they were authorised to keepe their Courts in the Kings name the which statute was repealed in Queene Maries dayes and was not revived in her Majesties time that now is wherevppon it was doubtfull to mee by what authoritie the Bishoppes doe keepe their Courts nowe in their own names because it is against the prerogatiue Royall of the Crowne of England that any should keepe a Court without sufficient warrant from the Crowne Wherevpon I was answered that the Bishopps do keepe their Courts now by prescriptions it is true that the Bb. may prescribe that King HENRY the 8. gaue them authoritie by the statute of 25. of his raigne to haue authoritie and rule ouer their inferiour brethren as ample as they had in the Popes time But this was no speciall warrant for them to keep their Courts by and that in their owne names And yet they haue none other warrāt to keep their Courts as they do 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 Bishopps should claime authoritie at this present to keepe their Courtes in their owne names as they do by prescription because the statute of 25. doth restraine thē generallie from offending of the prerogatiue Royall of the Crowne of Englande and the lawes and customes of the Realm And no man may iustly keepe a Court without a speciall warrant from the Crowne of England as is aforesaid And the generall libertie 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 keepe their owne Courtes in their owne names by prescriptiō 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 Kinge EDWARDS dayes In which time Archbishop Crammer did cause Peter Martir and Bucer to come over into this Realme to bee placed in the two Vniversities for the better instructiō of the Vniversities in the worde of God And Bb. Crammer did humblie prefer these learned men without any challenge to him selfe of any superiour rule in this behalfe over his inferiour brethren And the time hath bin that no man could carry away any graūt frō the Crown of England by general words but that he must haue speciall wordes to carrie the same by Therfore how the Bb. are warrāted to carry away the keeping of their Courts in their own names by prescriptiō it passeth my vnderstāding Moreover where as your Lordship said vnto me that the Bishopps haue forsaken their claime of superioritie over their inferiour brethrē latelie to bee by Gods ordinance and that now they doe only claime superioritie from her Majesties supreme goverment If this be true then is it requisite necessarie that my L. of Canterburie that now is do recant and retract his saying in his booke of the great volume against Cartwright where he saith in plaine wordes by the name of Doctour Whitgift that the superioritie of Bb. is Gods owne institution Which saying doth impugne her Majesties supreme govermēt directlie therfore it is to be retracted plainly and truly For Christ plainly truly cōfesseth Ioh. 18. 36. That his Kingdom was not of this world And therfore he gaue no worldly rule or proheminence to his Apostles but the heavenly rule which was to preach the Gospel saying Ite predicate in omnem mundū quicūque crediderit baptizatus fuerit salvus erit qui non crediderit condemnabitur Goe preach in all the world who soever shall beleeue be Baptized shal be saved but he that will not beleeue shal be condemned Mark 16. 15. But the Bishops do cry out saying that Cartwright his fellows would haue no goverment c. So belike the Bb. care for no govermēt but for wordly forcible goverment over their brethren the which Christ never gaue to his Disciples nor Apostles but made them subiect to the rule of Princes who ought not to be resisted saving that they might aunswer vnto Princes that they must rather obey God then men Acts. 5. 29. and yet in no wise to resist the Prince but to take vp the crosse and follow Christ FINIS
able to maintaine his own grace by his own order should weaken his owne oath or by his owne sword should cut from the people of God his owne word But seeing it was his purpose to perswade the people vnto a dislike of the Apostolicall gouerment by arguments and reasons drawen from humane policie rather then to confirme them in a good opinion of the prelaticall gouerment by proofes taken from the authoritie of holy Scripture we will follow him in this his veine Yea and by the helpe of God we will trie of what efficacie such his politicke and humane reasons may be as wherewith he did assaye to disswade the people froÌ„ consenting vnto any other maner of Church gouermeÌ„t then is already setled among vs. The generall effect of all which both here and els where spoken of by him brieflie gathered is this Such things may not bee planted in the Church of England as by attempting the planting wherrof there is an euident sight that the Gospell among vs may be ouerthrowne But there is an euident sight that the Gospell amoÌ„g vs may be ouerthrown by attempting to plant that gouermeÌ„t in the church of EnglaÌ„d which was practised by the Apostles primitiue Church therefore that maner of gouerment may not bee planted The assumption of which sillogisme hee endevoureth to confirme thus whatsoeuer will draw with it many and great alterations of the state of gouerment and of the lawes the same may bring rather the ouerthrow of the Gospell then the end that is desired but the planting of the gouerment practised by the Apostles and primitiue church will draw with it many and great alterations of the state of gouerment and of the lawes Therefore the planting of this maner of gouerment may rather bring an ouerthrow of the Gospell c. If any shall obiect that by thus gathering his argumeÌ„t I had in this place falsified his argument by adding more then is here expresly vttered by him let such one vnderstand that this charge is but a meere and needlesse cauill For sithence both here and throughout his booke his intent was to dispute for the gouerment already receiued against the gouerment which is required to be planted in the Church And for so much also as none other gouerment is required to bee planted but that onely gouerment which was practised by the Apostles and primitiue Church it must necessarilie follow that the arrowes which hee shott against the gouerment required to be planted were shott onely against the gouerment which was practised by the Apostles and primitiue Church And therefore there can bee no iust charge of any falsification vsed in the gathering of his arguments Against which I argue as followeth Whatsoeuer will draw with it no alterations of the state of gouerment but few or small alterations of the lawes the same may rather bring the end that is desired viz a godlie peace and Christian vnitie both in Church and common weale then the ouerthrow of the Gospell among vs. But the planting of the gouermeÌ„t practised by the Apostles and primitiue Church will draw with it no alteration of the state of gouerment and but few or small alterations of the lawes Therefore the planting of the gouerment practised by the Apostles primitiue Church may rather bring the end that is desired viz a godlie peace and christian vnitie both in church and common weale then the overthrow of the Gospell among vs. The trueth of which argument will theÌ„ appeare when the Admonitors argument shal be conuinced of errour for the disproofe of the one is the proofe of the other and if his fall then can not this but follow And touching the invalidity of the first proposition of his second sillogisme we affirme that the alterations of the state of gouerment of the lawes bee they neuer so many and neuer so great can neuer bring any ouerthrowe of the Gospell if the same alterations be made for the planting of the Gospell For the lawes once altered can ouerthrow naught because they are then no more lawes And to say that the Gospell once planted by authority of new lawes caÌ„ be ouerthrowne by the same lawes is more absurd For the new lawes giue life to the enterteyning of the Gospell by meanes whereof the Gospell can not discontinue so long as those lawes continue And herevpoÌ„ also it followeth that no alteration of laws for sweeping clensing of the Church for casting and whippyng buiers and sellers and choppers of churches out of the Church can ouerthrow the Gospell For if all drosse filth and corruption be cast out if all lets and impediments be done a way it can not be but that the Gospell must needs haue a freer larger passage as wherunto a wider doore can not be but opened for the bringing in of a more plentiful haruest And if the Church bee beautifull as Tyrsa and comely as Ierusalem if she Solo. Song 6. 3. 4. looke as the morning If she be faire as the Moone pure as the Sunne and terrible as an army then is she set as a seale on the Lords heart and as a signet vpon his arme and then shall the coles of his â—elouzie be as fiery coles and as a vehement flame that much water shal neuer quench it nor any floods euer drowne â—t But if he should rather meane that â—he alterations of the state of gouernement would be so many and so great as that therevpon he did strongly imagine â—uidentlie to see the ouerthrow of the Gospell then we say that no state of gouerment can euer vndergoe either manie or few either small or great alterations vnlesse by alteratioÌ„ of lawes made by the same state of gouermeÌ„t the same 〈◊〉 of gouerment bee altered Now 〈◊〉 if our politicke state of gouerment whereof he must needes speake for otherwise his speech were to no purpose to amend and reforme abuses in it selfe may iustly put it selfe vnder the yoke of a new law as it hath done and daylie doeth vnto many newe lawes and so in this respect after a sort in some part alter it self for euery reformatioÌ„ is a kind of alteration without any domage hazard or preiudice to it self if I say this may well be so what a silly skarr crow is there here brought into the field to fray our politick state of gouuerment from attempting a reformation in the Church Belike he knew some to faine that our state of gouermeÌ„t must necessarily fancy whatsoeuer they fancy And namely that a reformation of the Church can not but infer a desolation of the State or that the State can not be well ordered except it suffer the Church to bee disordered or that the Church could not be fayre well fauoured and in good plight but the state of our couÌ„try people and common weale must be foule ill fauoured and out of heart or lastly that the State can not launce bind draw heale vp the sores wouÌ„ds contagions of the church but
law these offices and functions haue bin and yet are dayly vndertaken and executed to the full And what maÌ„ then if there were none other rewarde for Civilians would tenne or twelue yeres togither beat his braine and trouble his witts in the studie of the civill lawe when every silly canonist might be able and learned inough to sit in the Bishops throne and to be iudge in his consistorie Besides if the Admonitor speake sooth viz that Civilians in this Realm liue not by the vse of the civill lawe to what end then should he feare an overthrow of the studie thereof For if there be no vse of it in this Realme for the maintenance of this life to what vse then should men studie the same in this Realme As for the vse of it among strangers and forraigne nations without the Realme the same as I suppose is no greater then such as 3. or 4. Civilians may bee able well inough fully to deliver the law touching all matters of controversie that may grow to question during the whole space of a Kinges 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 neede to feare the decaye of Beere-brewers or what vse were there of them In like sort if men liue onelie by the vse offices and functions of the canon law that men liue not as he saith by the vse of the civill law within the Realme what follie were it to studie the one whereas without the knowledge therof he might live by the other And therefore it seemeth that the Admonitor by his own 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 vnderstand what reward maintenance Civilians by the offices functions of the canon law doe receyve yearely for their service and attendance in the Bishops and Archdeacons their Courts We will examine what fees Doctors of the civil law being Chancelors Commissaries or Officials haue vsually and ordinarily allowed vnto them by their Lords and Maisters Fees for probat of Testaments graunting of administrations Fees for probat of testaments let to farme with their appendances of late yeares in some places whether in all or how many I know not haue bin demised vnto farm for an annual rent out of which either a small or no portion at all hath bin allowed vnto the Chancelor or Official for his service in this behalf Wherevpon as I coniecture it hath fallen out rather then that those Officers would worke keepe courts travaile for litle or nought there have bin exacted greater fees for the dispatch of these things then by law ought to haue bin paied Perquisits of courts arising vpon suits commenced betwene partie and partie it must bee a plentifull harvest and there must be multi amici curiae in a Bb. consistorie if ordinarily communibus annis they amouÌ„r in the whole to twentie pounds by the yeare and yet these perquisits belong not wholy to the Chancelor but are to be devided betweene him the Register And touching Fees for excommunication and absolution fees for institutioÌ„ induction licences to preach licences for Curates and Readers For testimoniall of subscription or licences to marrie without banes fees for coÌ„mutation of penance fees for relaxation of sequestrations touching these manner of Fees if the same be fees no way warantable howe are not then such Fees every way dishonorable for a Doctor of the civill lawe Fees due for the executioÌ„ of the functions of the canon lavve dishonorable for a Doctor of the civil lavv to take either of Ministers or people There must bee therefore some other hope of better reward maintenance to incite and incourage schollers to the studie of the civill law theÌ„ are these beggerlie and vnlawfull fees depending vpon the functions and exacted by the officers of the canon law or ells the vse of the civil law as the Admonitor saith must necessarilie in short time be overthrovven For if Fees for probat of Testaments and granting of administrations with their appendices shall still be let to farme and if also many vnlawfull Fees were quite inhibited there would remaine I trowe but a very poore pittance for Civilians out of the functions of the canon law to maintaine their Doctoralities withall But what better reward can there bee for Civilians then hath already bin mentioned If the Admonitor had not willingly put a hoodwincke Civilians 〈◊〉 EnglaÌ„d liue not only by the functioÌ„s of canoÌ„ lavv before his eyes hee might haue seene that the civilians liue not wholy altogether by the practise of the canon law but partly also and that most honorably by the vse of the civill lawe If a Doctor of the civill lawe bee Iudge or Advocate in the Court of Admiraltie if he be Iudge or Advocate in the prerogatiue Court so farre as the same Court handleth onely matters of Legacies Testaments and Codicills to what vse can the canoÌ„ law serue him or what advantage can the same lawe bring him in Besides to what vse serveth the canon law vnto a Doctor of the civill law if he shall finde favor in the Kings sight if it please the King to make him one of the Maisters of his Requestes or one of the twelue Maisters of his high Court of Chancerie or to be the Maister of his Roles or to be his Highnes Embassador vnto forreyne Nations of to be one of his H. most honorable privie Councel or to be one of his principall Secretaries It followeth not therefore as the Admo pretendeth that eyther the Civilians in this Realme live not by the vse of the civill law but by the offices functions of the canon lawe and such things as are within the compasse therof or that the hope of rewarde and by that meanes the whole studie of the civill law must be taken away if once the canon law should be abolished Neither would it bee any hard matter for the King if the Civilians might finde gracâ— in his sight to appoint Courtes offices and all maner of processe and proceedings in iudgement for Doctors of the civill law to heare determine in the Kings name all causes being now within the compasse of any civill or ecclesiasticall law within this Realme And although a litle candle can giue but a litle light and a small Spring can sendâ—â— forth but a small streame yet because great fiers are kindled sometimes by 〈◊〉 tle sparkles and smal streames 〈◊〉 togither may in tyme growe into great rivers I shall desire the great Civilians with their floods lamps of learning to helpe forward such a law as whereâ—â— the studie of the civill law may bee vpholden the reward and maintenance of Civilians without any function froÌ„ the Canon law may be enlarged many coÌ„troversies and disorders in the church may be pacified and
the Kings prerogative Royall be duely advanced Which things if it might please them rightly to consider then let them humblie and seriouslie beseech our Sovereine Lord the King and States in Parleament to giue their consentes to such a law as the proiect ensuing may warrant thē the same not to be dangerous to the overthrowe of their civill studies The Proiect of an Act for the explanation and amplifying of one branch of a statute made in the first yeere of the raigne of Queene Elizabeth entituled An Act restoringe to the Crowne the ancient iurisdiction over the state Ecclesiasticall and also for the declaring and reviving of a statute made in the first yere of King Edward the sixt entituled An Act what seales and stiles Bishops and other spiritual persons exercising iurisdiction ecclesiasticall shall vse FOr asmuch as by one braunch of an Act made in the first yeere of our late Soveraigne Ladie of blessed memorie Queene Elizabeth entituled an Act restoring to the Crowne the auncient iurisdiction over the state Ecclesiastical Spirituall and abolishing all forraigne power repugnant to the same it was established and enacted That such iurisdictions priviledges superiorities and preheminences spiritual and ecclesiasticall as by anie spirituall or ecclesiasticall power or authoritie hath heeretofore bin or may lawfully be exercised or vsed for the visitation of the Ecclesiasticall state and persons and for reformation order correction of the same and of all maner errors heresies schismes abuses offences contempts and enormities should for euer by authoritie of that present Parleament be vnited and annexed to the Imperiall Crowne of this Realme by meanes whereof it may now be made a questiō whether any Archbishops or other Ecclesiasticall persons having since that time vsed or exercised any such spirituall or ecclesiasticall iurisdiction in their owne right or names might lawfully haue done or hereafter may lawfully doe the same without speciall warrant and authoritie derived immediatly frō your Highnes by and vnder your H. letters patents And whereas also by a statute made in the first yeare of Kinge Edward the sixt entituled an act what seales and stile Bishops or other spirituall persons shall vse it was ordained that all and singular Archbishops and Bishops others exercising ecclesiastical iurisdictiō should in their processe vse the Kings name and stile and not their owne and also that their Seales should bee graved with the Kings armes And forasmuch also as it must bee highly derogatorie to the Imperiall Crowne of this your Highnesse Realme that any cause whatsoever ecclesiasticall or temporall within these your H. Dominions should be heard or adiudged without warrant or commission from your Highnes your heyres successors or not in the name stile and dignitie of your Highnes your heyres and successors or that anie seales should be annexed to anie promesse but onelie your Kinglie seale and armes May it therefore please the King at the humble supplication of his Commons to haue it enacted That the aforesaid branch of the aforesaid Act made in the first yeere of Queene Elizabeth her raigne everie part thereof may still remayne for ever be in force And to the end the true intent and meaning of the said statute made in the first yeere of King Edward the sixt may be declared and revived that likewise by the authoritie aforesaid it may be ordayned and enacted that all and singular Ecclesiastical Courts and Consistories belonging to any Archb. Bb. Suffraganes Colege Deane and Chapiter Prebendarie or to any Ecclesiasticall person or persons whatsoever and which haue heretofore bin commonly called reputed taken or knowne to bee Courts or Consistories for causes of instance or wherein any suite complaint or action betwene partie and partie for any matter or cause wherin iudgment of law civil or canon hath bin or is required shall and may for ever hereafter be reputed taken and adiudged to be Courts and iudgmentseats meerely civill secular and temporall and not hence foorth Ecclesiasticall or spirituall and as of right belonging and apperteyning to the Royall Crowne and dignitie of our Soveraigne Lorde Kinge Iames that nowe is his heyres and successors for ever And that all causes of instance and controversies betwene partie partie at this day determinable in any of the said Courts heretofore taken and reputed ecclesiasticall shall for ever hereafter bee taken reputed and adiudged to be causes meerely civill secular and temporall as in trueth they ought to be and of right are belonging and appertayning to the iurisdiction of the Imperiall Crowne of this Realme And further that your H. liege people may be the better kept in awe by some authorised to be your H. Officers Ministers to execute iustice in your Highnes name and vnder your H. stile and title of King of England Scotlād Frāce and Ireland defendor of the faith c. in the said Courtes and Constories and in the said causes and controversies Bee it therefore enacted by the authoritie aforesaid That all the right title and interest of in and to the said Courts and Consistories and in and to the causes controversies aforesaide by any power iurisdiction or authoritie heretofore reputed Ecclesiasticall but by this Act adiudged civill secular and temporall shall for ever hereafter actually and reallie be invested and appropried in and to the Royall person of our Soveraigne Lord the King that now is his heyres successors Kinges and Queenes of this Realme And that it shall and may bee lawfull to and for our saide Soveraigne Lord and King his heyres and successors in all and everie Shire and Shires Diocesse and Diocesses within his H. Dominions and Countries by his and their letters patents vnder the great Seale of England from tyme to tyme and at all tymes to nominat and appoint one or moe able and sufficient Doctor or Doctors learned in the civill law to be his and their civil secular and temporal Officer and Officers Minister and Ministers of Iustice in the same civill secular and temporall Courts Consistories which in and ouer his and their royall name stile and dignitie shall as Iudge and Iudges doe perform execute all and every such act and acts thing and things whatsoeuer in and about the execution of iustice and equitie in those Courts according to the course and order of the civill lawe or the Ecclesiasticall canons and constitutions of the Realme as heretofore hath bin vsed and accustomed to bee done by for or in the name of any Archbb. Bb College Cathedral Church Deane Archdeacon Prebendary or any other Ecclesiasticall person or persons whatsoeuer And that all and every such civill secular and temporall Officer and Officers Minister and Ministers Iudge Iudges in his and their processe shall vse one manner of Seale only and none other hauing graued decently therein your Kingly armes with certaine characters for the knowledge of the Diocesse or Shire And further bee it enacted c That it shall and may be lawfull by
the authoritie aforesaide for our said Soveraigne L. the King his heyres and succerssors from tyme to tyme and at all tymes to nominat and appoint by his and their Highnes letters patents vndee the great Seale of England for euerie Shire and Shires Diocesse and Diocesses within his or their H. Dominions one or moe able sufficient persons learned in the civill lawe to be his and their Notarie and Notaries Register and Registers by him them selues or by his or their lawfull Deputie or Deputies to doe performe and execute all and euery such act acts thing and things as heretofore in the Courts and Consistories Ecclesiasticall aforesaid hath bin and now are incident and apperteyning to the office of any Register or Notarie And further at the humble suite of the Commons c. it may please the King to haue it enacted That all singular matters of Wills Testaments with all and everie their appendices that all and singular matters of Spousalls Mariages with their accessories that all and singular matters of diffamation heereto fore determinable in the ecclesiasticall Courtes and if there be anie other causes of the like meere civill nature shall be heard examined and determined by the said civill and secular Officers and Iudges in the said civil and secular Courtes according to the due course of the civil law or statutes of the Realme in that behalfe provided And that all matters of Tythes Dilapidations repayre of churches and if there be anie other of like nature with their accessories and appendices shal be heard examined and determined by the saido civill and secular Officers and Iudges in the said civil and secular Courtes according to the Kings ecclesiasticall lawes statutes and customes of the Realme in that behalfe heeretofore vsed or heereafter by the King and Parleament to be established And at the humble suite of the Commons may it please the King to haue it further enacted That all maner of fees heeretofore lawfull or heereafter by the King and Parleament to bee made lawfull for or concerning the probat of Willes administration of the goods of the intestat letters of tuition receyving or making of accompts inductions to Archbishoprickes Bishoprickes Dearries Parochiall-churches or other spirituall promotions and all other feees what soeuer heretofore lawfull or hereafter to be made lawful for anie travaile or paine to be taken in or about the expedition and execution of any of these causes shall for ever hereafter be fees allowances appropriated to the Iudges and principall Registers of the sayde Courtes equally to be devided betwene them as heeretofore hath bin accustomed and that the said Iudges and Ministers within their severall charges shal be Collectors of the Kings tenthes and subsidies graunted and due by the Clergie taking for their travayle and payne in and about the same collection such fees as heretofore haue bin accustomed Provided alwayes that none of the saide civill and temporall Officers and Ministers nor any of them for any offence contempt or abuse to be committed by any person or persons in any wise incident to any of the said Courts and Consistories suspend excommunicate or interdict any person or persons but shall and lawfully may by authoritie of this present Act proceed against everie offendor and offendors by such ordinarie processe out of the said Register or Notaries office as is vsed vpon a sub-pae-na out of the high Court of Chancerie and there vpon default or contempt to proceed to attachment proclamatiō of rebellion and in prisonment of the partie offending as in the said high Court of Chācerie is vsed Provided also that all appeales hereafter to be made from all and every Court and Courts in the Shyres and Diocesses of the Countrey shal be made to the higher Courtes as heretofore hath bin accustomed onely with an alteration and addition of the names stiles and dignities of Archb. Bb. and other Ordinaries vnto the name stile and dignitie of our Soveraign Lord the King his heyres and successors And that vpon the appeales so to be made it shall and may be lawfull for the Iudges Ministers of Iustice of and in the said higher Courts to make out all maner of processe and processes and to doe execute all and every act and acts thing things for the furtherance of Iustice in the causes afore said as to them shall by the law seeme equall right meete convenient any law statute privilege dispensation prescriptiō vse or customs heretofore to the contrarie in any wise notwithstanding Provided also that all and every such Iudge and Minister that shall execute any thing by vertue of this act shal from time to time obey the Kings write writs of prohibition of attachment vpon prohibition and indicavit and not to proceede contrarie to the tenour of such write or writes in such and the same maner and forme and condition as they have or ought to haue done before the making of this act any thing in this act to the contrary notwithstanding Provided also that this acte or any thing therein conteigned shal not extend or be interpreted to give any authoritie to the said Iudges Ossicers or any of them to put in execution any civill or Ecclesiasticall lawe repugnant or contrariant to the lawes statutes or customes of the Realm or hurtfull to the Kings prerogatiue Royall And thus it may seeme to bee but a small labour a litle cost and an easie matter for the Kinge his Nobles and Wise men of the Realm to devise formes of iudgement and maner of processe proceedings without any offices or functions of the canon law wherby the vse and studie of the civill lawe and the rewarde and maintenance for Civilians might be furthered and increased and not vtterly overthrowne taken away as the Admonitor vncivily beareth vs in hand As for the alteration of the censure of excommunication for contumacie mētioned in this proiect we haue the consent of the reverende Bishops in Pag. 138. this admonition that the same may bee altered For the Admonitor their Prolocutor speaketh on this wise Viz. As for Excommunication for contumacie by the Admonitors iudgement may be takē away without offence and with the good liking of the Bishops the excommunication practised in our ecclesiasticall Courts for contumacie in not appearing or not satisfying the iudgement of the Courte if it had pleased the Prince c. to have altered the same at the beginning and set some other order of processe in place thereof I am perswaded saith he that the Bishops Clergie of the Realme would haue bin very well contented therewith And speakinge of a certaine maner of civill discomoning vsed in the Church of Tigure he further addeth viz. Which or the like good order devised by some godlie persons if it might be by authoritie placed in this Church c I think it would be gladlie receaved to shun the offence that is taken at the other Admonition And matters
deforced wronged or otherwise kept or put from his lawfull inheritaÌ„ce estate seysin c. of in or to the same by anie person clayming or pretending to haue interest or title in or to the same that then in all and euerie such case the person so disseysed deforced or wrongfullie kept from his right or possession shall and may haue his remedie in the Kings temporal Courtes as the case shal require for the recouvery of such inheritance by writt originall c. to be devised and graunted out of the Kinges Court of Chancerie in like maner c. It is there likewise provided that that Act shal not extend nor be expounded to giue anie remedie cause of action or suite in the Courtes temporall against any person which shall refuse to set out his Tythes or which shall deteigne c. his Tythes and offerings But that in all such cases the partie c. having cause to demand or haue the same tythes shal haue his action for the same in the Ecclesiasticall Courtes accordinge to the ordenance in the first part of that act mentioned and none otherwise Now then sit hence euery person whether he be laie or Ecclesiasticall having â—â—ght to demand tythes and offeringes hath the partie from whom those tythes 〈◊〉 due bound obliged vnto him and thence also the partie not dividinge yeelding or paying his tythes doth actuallie and reallie deteigne the same and thereby doth vniustlie wrong the partie to whom they be due contrarie to iustice the Kings lawes sithence I say these things be so what alteratioÌ„ or disadvantage could befall or ensue to the common law or the Professors thereof if so bee it might please the King with his Parleament to haue the last part of this Act so to be explaned extended and enlarged as that the same might giue remedie in the Kings temporall Courts by writt original to be devised granted out of the ChaÌ„cerie against any person deteigning his tythes and offeringsâ— the Hospitall of St Leonards in Yorke of the Kings foundatioÌ„ and Patronage Hospitall of S. Leonard 1. 2. H. 6. c 2 endowed of a thrave of corne to be taken yerely of euery plouÌ„gh earing with in the Counties of Yorke Comberlande Westmerland and Lancaster hauing no sufficient or covenable remedie at the common law against such as withheld the same thraves it was ordeigned by the King in Parleament that the Maister of the said Hospitall and his successors might haue actions by writt or plaintes of debt or detinue at their pleasure against all and every of them that deteyned the same thraves for to recover the same thraves with their damages And by a statute 32. H. 8. c. 44. it is enacted That the Parsons and Curates of five parish churches whereinto the Towne of Roysen did extend it selfe and everie of them the successors of every of them shall haue their remedie by authoritie of that Act to sue demaund aske recover in the Kings Court of Chancerie the Tythes of corne hay wooll lambe and calfe subtracted or denyed to bee paide by any person or persons Againe Vicars Parsons or Improprietaries do implead any man in the ecclesiasticall Court for tythes of wood beeing of the age of 20. yeeres or aboue for tyth-hay out of a medow for the which tyme out of mind memorie of man there hath onely some Meade-silver bin paied or if a debate hang in a spirituall Court for the right of tythes having his originall from the right of Patronage the â—uaÌ„tite of the same tythes do passe the â—urth part of the value of the benefice prohibition in all these and sundrie other cases doth lie and the matters are to be tried and examined in the Kinges Courts according to the course of the common lawe vnlesse vpon iust cause there be graunted a consultation And if in these cases in maintenance of the common law the defendants haue relief in the Kinges Courts I thinke it more meete to leave it to the consideration rather of coÌ„mon then to the iudgemeÌ„t of canon Lawiers to determine what alteration the common law could sustayne in case all Plaintiffes aswell as some defendants might pray the Kings ayd for the recovery of tythes especially seeing at this day the maner of paying tythes in England for the most part is now limited by the coÌ„mon and statute lawes of the Realm and not by any forraigne canon law Obiect But there is some fact happely so difficile so secreat and so mystical in these causes of tythes as the same cannot without a very great alteration of the common law be so much as opened before a lay Iudge or of the hidden knowledge wherof the Kings temporall Iudges are not capable Answere Why then let vs see of what nature that inextricable fact may bee I haue perused many libels made and exhibited before the ecclesiasticall What facts touching the witholding of tythes are examinable in the ecclesiasticall Courts Iudges yea and I haue read them over and over and yet for grounde of complaint did I never perceave any other materiall and principall kinde of facte ' examinable in those Courts but onely such as follow First that the partie agent is eyther Rector Vicar Proprieiarie or Possessor of such a Parish-Church and of the Rectorie Vicarage farm possession or dominion of the same and by vertue thereof hath right vnto all Tythes oblations c. apparteyning to the same Church and growing with on the same Parish bounds limitts or places tythable of the same Secondly that his predecessors Rectors Vicars c. tyme out of minde and memorie of man haue quietly and peaceably receaued and had all and singular Tythes oblations c increasing growing and renuing within the Parish c. and that they and he haue bin and are in peaceable possession of hauing and receaving Tythes oblations c. Thirdly that the partie defendant hath had and received in such a yere c. of so many sheepe feeding and couching within the said Parish c. so many fleeces of woll and of so many ewes so many lambes c. Fourthly that the defendant hath not set out yealded or paid the Tyth of the wooll and lambe and that every Tyth fleece of the said wooll by common estimation is worth so much and that every Tyth lamb by coÌ„mon estimation is likewise worth so much c. Fiftly that the defendant is subiect to the iurisdiction of that Court wherevnto hee is sommoned Lastly that the defendant doth hetherto deny or delay to pay his Tythes notwithstanding hee hath bin requested there vnto These and such like are the chief matters The Kinges Iustices are as able to iudge of exceptions against tithes as the ecclesiastical Iudges of fact wherevpon in the ecclesiasticall Courts proofes by witnesses or recordes rest to be made for the recoverie of tythes And who knoweth not but that these facts vpon proofes made before the Kinges Iustices may aswell bee decided by
Realm though that thorough sufferance and negligēce any thing should at any time be attempted to the cōtrarie For whereas before the statute of Caerlile the Bishoppe of Rome had vsurped the Seignories of such possessions and benefices as whereof the Kinges of the Realme Earles Barons and other Nobles as Lords and Avowes ought to haue the custodie presentements and collations King Edward the first by the assent of the Earles Barons and other Nobles of all the communaltie at their instancies and requestes and without mention of anie assent of the state of prelacie in the said Parleament holden at Caerlile ordeyned that the oppressions greevances and damage susteyned by the Bb. of Romes vsurpation should not from thenceforth be suffered in any manner And for as much as the greevances and mischieves mentioned in the said Act of Caerlill did afterward in the time of K. Edward the thirde daylie abound to greater damage and destruction of the 31. Ed. 5 sta of heering 36. Ed. 3. c. 8. Realme more then euer before and that by procurement of Clerkes purchasers of graces from Rome the sayde King Edward the third by assent accord of all the great men and cōmons of his Realme and without mention of any assent of Prelates or Lords spirituall having regarde to the saide Act of Caerlile and to the causes conteyned in the same to the honor of God and profit of the Church of England and of all this Realme ordeyned and established that the free elections of Archbishopps Bishoppes and all other dignities and benefices electiue in Englande should holde from thenceforth in the manner as they were graunted by the Kings progenitors and founded by the Ancestors of other Lords And in diuers other statutes made by King Ed. the third it is said that our Soveraigne Lord the King by the assent of the great men and all the cōmons hath ordeyned remedy c. That it was accorded by our Sovereigne Lord the King the great men and all the commons that the Kinge chieflie 8. Edw. 3. 〈◊〉 statute of Provisours desiring to susteyne his people in tranquillitie and peace and to governe according to the lawes vsages and franchises of his lande by the assent and expresse will and accord of the Dukes Earles Barons and the commons of his Realme and of all other whom these things touched ordeyned that all they c. By which desire of the Kinge and wordes of the Act wee learne that our Sovereigne Lord Kinge IAMES may susteyne his people in tranquillitie and peace and governe accordinge to the lawes vsages and frāchises of his kingdome though the assent and accord of Prelates bee never required to the enacting of anie statute in Parleament Nay such hath bene and yet is the power of The king with the assent of the Nobles and commons may repeale Statutes without cōsent of Prelates 15. Ed. 3. the King that with the assent and accord of the Nobles and commons hee hath authoritie to adnull and make voyde even those Actes which in favor of Prelacie and assent of Prelates haue bene enacted in Parleament As by an Acte made in the time of King Edwarde the third is plainlie to be seene For whereas the Kinge by assent of the Prelates Earles c. had willed and graunted for him and for his heyres certeyne articles firmelie to be kept and holden for ever namelie that the Ministers of holie Church for money taken for redemption of corporall penance nor for proofe accompt of Testaments nor for solemnitie of Mariage c. should not be impeched c. before the Kinges Iustices nevertheles the same Kinge in the same yeere with assent of the Earles Barons other wise men of the Realm and without assent of Prelates revoked and adnulled the same articles againe Againe King Richard the second hearing the complaints of his faithful liege 3 Ric. 2. cap. 3. people and by their clamour in diuers Parleamentes of divers abuses crept in against the solemne and devour ordinations of Churches c. at the request 7 Ric. 2. cap. 12. complaint of the Commons by the advise and common assent of the Lordes temporal without mētion of any Lords spirituall is said to haue ordeined That none of the Kinges liege people c. should take or receive within the Realm of England any procuracie c. And in the eleventh yeare of of the same same Kings reigne it is specially provided that the appeales pursuits c. made given in the same Parleament be approved affirmed stablished as a thing duly made for the weale and profit of the King and of all the Realme notwithstanding that Act Mo. Rich. 2. the Lords spirituall and their Procurators did by protestatiō absent them out of the Parleament at the time of the said iudgment given And the like protestation being made by the Prelats Clergie at a Parleament holden the thirde yeere of the same King it was replied for the King that neither for their said protestation or other words in that behalf The King bound by his oth to do his laws to be made though prelates protest against him the King would not stay to graunt to his Iustices in that case and all other cases as was vsed 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 sunne shining at noone day that the Lordes spiritual bee so far from making any one of the three Estates as that if it please the King they may not be 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 The Lords spiritual no principall members of the Parleament otherwise then as the King pleaseth number then the Lordes temporall had bene but such principal members of the high Estate of Parleament as without whō neither law could haue bin made Monasterie nor Priorie might haue ben dissolved what could the Kinge haue done as Head and the Commons haue done as feete and the Nobles haue done as the Heart the Liver and the Longes to the dislording and discloystering of the Abbots and Priours the Monkes and the Friers of those dayes In case the Prelates with their armes and with their shoulders with their handes and with their hornes had heaved and shouved had pushed and thrusted to the contrarie But to come nearer vnto our owne times and remembrances if it can not be proved that anie one Lord spirituall No Lordes spiritual present in parleament 1 Eliza. was present in Parleament or gaue anie assent to the enacting of statutes made in the first yere of the Queenes Maiesties raigne deceased but that it be a cleare case that the auncient iurisdiction preheminences rightes and priviledges of the Kinges Crowne were restored that poperie and superstition was banished the doctrine of the
godly vses how the same may bee best imployed And let the Discipline loe these sage Counsellours were all Disciplinarians be reserved vntill that time For they whose frowardnes hath bene publicke and tending to the common offence of the Church let such be recalled to the acknowledgement of their faultes and let them publicklie for the same be censured that the Church by their wholesome coertion may be brought in good frame Afterward let the Minister going apart with some of the Elders take counsell how the others whose manners are said to be lewd and whose life is saide to be full of mischiefe may first according to the commaundement of Christ in the Gospell come together be communed with by sober and discreete men and with a certeine kinde of brotherly loue By whose admonition if they shall reforme themselues thanks are diligently to be giuen vnto God But if they shall proceed foorth in their wickednes they are to be bound with that sharpe payne which by the Gospell wee know to bee prepared for contumacie And when the force and vehemencie of excommunication shal be shaken first let the Bishoppe be sought vnto who if he shall consent and oppose his authoritie let the forme of excommunicatiō be dispatched before the whole church that we may bring in as much as may be the auncient Discipline Thus much haue these most Christian Disciplinarians and renewers of the auncient Discipline by Pastours Elders and Deacons both written and spoken And yet haue they sounded neuer a word to the finding of Elders and Deacons by the Parish nor by hauing men of occupatiōs to leaue their busines to attend vpon matters of the Church For men thus meeting together once onely in the weeke and that vpon the Lords day and that onely within their owne parishes and without payment of any fees may very well notwithstanding these attendances giue themselues wholie all the weeke following to their ordinary vocations And therefore against his not able to find one tollerable Minister much lesse to find a company c. I conclude thus No Parish in England shall be burdened to find so much as one Seniour or Deacon Therefore much lesse shall euery Parish bee burdened to find a company of Seniours c. Where the Admonitor complayneth Tollerable and intollerable Ministers that many parishes are not able to finde one tollerable Minister we would gladlie learne by what brand tollerable Ministers are knowne from intollerable Ministers according as the Lords spirituall iudge or iudge not of tollerable vntollerable Ministers For if all reading Ministers as nedes with them they must be or ells why doe they tollerate them bee tollerable Ministers what a vayne and idle distinction hath he coyned touching the scarcitie of maintenance for tollerable Ministers Considering all Ministers by intendement of lawe be able to reade and considering also a verie small maintenance is esteemed to be a tollerable maintenance for reading ministers For ells why doe the great Bishoppes in their great Churches of Cōmendames 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 parishe in Englande that is not able to mainteyne a tollerable Minister The next argument that the people might not choose their Pastours Elders Pag. 78. and Deacons as is required is drawen partlie from a feare that the same wil be a matter of schisme discord and dissention in many places partlie from affection and want of right iudgement of the people partlie from the vnrulines of the parishes and partlie from the broyle and trouble which may follow Assertion Vnto this obiection if I should aunswere nothing at all but onely should The obiectiō 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 tollerated then his simple affirmation for by the canon lawe non inficienti sed ponenti incumbit onus probandi And yet because the Lord hath spoken vnto Iosua in him vnto Doct. in c. 6 cui depreb Lib. 2. vs all that wee should not feare nor bee discouraged to obserue and to doe all that is written in the law for then sayth the Lord shalt thou make thy way prosperous and then shalt thou haue good successe therefore in the word of the Lord I say that none of all this feare broyle trouble or turmoyle is to bee feared at al. Nay that it is most assuredly and without all doubt to bee hoped looked for that he would so blesse the attempt of putting his order in execution as that the peoples approbation and allowance of their Ministers should bee a matter of all peace quietnes vnitie concorde good successe and prosperitie to the whole Church of God in England For what an heathnish incredulitie were it for vs to replie vpon the erroneous conceyte of a timorous and suspicious fancie that feare and I wot not what vnrulines vnquietnes shall follow when we receyving the lawes of peace from the Prince of peace haue his most stable trueth that his peace shall rest vpon vs and that all feare and evill successe shall cease and vanish away No busie headded body therefore shall bee able to leade any man away to disquiet either Church or common Wealth otherwise then as the Church in all ages by the malice of Satan and his instrumentes hath euermore bene disquieted if once the holy law of the Gospell touching this point were obserued put in vre And if it be feared that the choyce to be made by the people of God and which is allowed vnto them by the holy lawes of God would proue to be a matter of schisme discord and dissention howe much more reason haue wee to feare that the fire of schisme discorde and dissention being blowen alreadie should not break out and flame among vs if still one man alone be suffered to thrust vpon the people of God not tollerable Ministers accordinge to Gods heart but intollerable ministers according to mans tradition The Admonitor hath insinuated vnto vs often in this admonition that it is dāgerous to innovate And so I say too vnlesse there be evident M. de cōstitu prim L. 2 vtilitie of innovation For saith the Emperour in rebus novis constituendis evidens esse vtilitas debet vt ab eo iure recedatur quod diu aequum visum est But is it not as perilous yea sometimes much Dangerous to innouate vnlesse there bee euident vtility of innovation more perilous not to innovate for proofe whereof it shall suffice to take witnes of our owne times of our own experiences It seemed equal a long time and for many yeres that the sacrifice of the Masse with all the pelfe and trumperie thereof should not once be spoken against But we all know that the abandoning thereof hath not yet brought any perilous
carefullie vse this his freedome And therefore he may not wholy and altogether put from him selfe and expose at haphazard the provision education instruction dieting appareling and lodging of his wife his sonnes his daughters and his servaunts vnto strangers neither may Husbandes Fathers nor Maisters giue their consent to the making of anie lawe or the bringing in of anie custome whereby their freedomes should be restreyned adnihiled or made voyde in this behalfe For by thus violating the rules and grounds by thus treading as it were vnder foote the equitie of Christ and the freedome they haue by the lawe of God should they not most prophanelie and impiouslie despight God and as it were over turne the whole order he hath set in nature And if the people may not cast off these rules and these groundes this equitie and this freedome in thinges apperteyning to this frayle bodily transitorie and earthlie life howe much lesse may they cast them off or sett litle by them in things apperteyning to the salvation of their soules and to a durable spirituall everlasting and heavenlie life But the peoples right to choose their Obiection that the peoples right did neuer depend vpō the expresse commandemēt of God Bishoppes did never depende vpon the expresse commaundement of God neither can the people chalendge by Gods law the right to chose their Bishoppes I meane saieth he no such thinge is expressed and conteyned in the Scriptures What then if it doe depend or bee conteyned vnder the generall groundes and rules of reason nature christian equitie christian societie principles of humane fellowshippes the law of God the practise of the Apostles and that which was from the beginning Is it not sufficient Though it bee not expressed in these termes viz That the people must chose or that the people haue right to choose their Bishoppes It is not expressed and conteyned in the scriptures that everie man must choose his owne wife or that everie woman must choose her own husband And yet by the doctrine expressed or conteyned in the scriptures is it true that no man hath right either to choose an other mans wife or to choose an other womans husband And that everie man hath right to chose his owne wife and every woman right to choose her owne husbande Againe it is not expressed and conteyned in the scriptures that infantes must bee baptized Neither is it expressed and conteyned in the scriptures that the Bishopp of Lichfield must haue but one wife Yet because it is conteyned in the scriptures that God in the beginning brought but one woman vnto one man and gaue to one woman but one husband I assure my selfe it wil not be denied but that the Bishops must and doth content him selfe with one wife and that every Christian ought to bring their children to be Baptized Besides if Maister Bilson distinguish Bishops in England from Pastors in England and Arch-Bishops in England and Pastours in England two severall orders and degrees of Ministers in the Church of England then I graunt that it is neither expressed nor cōteyned in the Scriptures that the people must choose their Bishops in England And why but because the Scriptures having put no difference betwene Bishops and Pastours knowe no such Bishops as wee haue in Bishopps in England are only Bishops by the Kings grace not by diuine institution England And therfore Bishops in England being Bishops only by the Kinges grace and not by divine institution and ordination as Pastours in Englande be hence is it that the Kings of England by their prerogatiue Royall and not the people by the rule of Scriptures haue chosen their Bishops in England And for this cause also was it that Kinge Henry the eight with advise of the Parleament did reassume the nomination appointment investiture cōfirmation of his Kingly Bishops from the Pope As for the nomination of Pastoures having cure of soules in parishes otherwise Pastors in parochiall Churches were neuer placed by the King as Bb. are in their Bishoprickes then all patrones by right of patronage doe giue presentmentes their choyse institution translation or deprivation the Kings of Enland by their regall power never yet hetherto tooke the same vpon them And if the Kinges 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 then by vsurpation can the Bishops haue to impose or thrust vpon the people Pastours without their liking But by custome and consent the people haue restreyned them selves Herevnto if it were not already sufficiently answered that the people could not lawfully restreine them selves yet Maister Bilson him selfe answereth That the late Bb. of The people lost their cōsent by cursing fighting of the Popes Rome neuer left cursing fighting till they had excluded both Prince and people and reduced the electiō wholy to the Clergie By cursing and fighting then haue the people bene overruled and excluded and not by custome or consent haue they restreyned them selues Yea by vertue of this cursed fight onely doe the Bishoppes of Englande at this day exclude both Prince and people from medling in the choyse of Pastoures For by authoritie of the canon law made by those late cursing and fighting Bishopps of Rome the Bishoppes of Englād haue the sole ordination and placinge of Pastours over the people And from hence also is it playne that the peoples right was not by their default or abuse relinquished and forfeyted For then then late Bishoppes of Rome needed not to haue cursed and fought for it And now whether it bee not meete that the Lord Bb. professing them selues to bee Christian Bishoppes should still reteyne in their handes and not restore vnto Christian people the possession of their Christian equitie and freedome extorted from them by the cursings and fightinges of antichristian Bb. I leaue it to the consideration of the reverende Bishoppes them selues Touching the mischieves and inconveniences of schisme troubles strifes contentions so often inculcated and so much vrged 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 auncient or late Historie that any Kinge or Soveraigne power hath interposed any supreame authoritie to appease any discord or dissentiō ensuing or raised vpō the bare choise made of any meere Parochiall Pastour by any faithfull and Christian people The schismes strifes and factions that were raysed in the old Schismes contentions spring from schismaticall and proud clergy maisters Churches sprang out and flowed onely from the heads and fountaynes of those schismes strifes factions and namely from proud ambitious and hereticall Bishops and great Clergie maisters For they being infected and poysoned with the contagion of schisme and heresie having sowred the mindes of their Disciples with the leaven of their hereticall doctrines no merveile if the people
smal number which by order of their foundation bee put apart to the studie of Lawe or Phisicke some after two some after three some after foure yeres of their coÌ„mencement are compelled eyther to enter into the ministerie or to leaue their fellowships Nay in some Colledges if Bachelers of arts be chosen felows be not ministers after one yeare by statut they loose their places The principle reason of the fouÌ„ders of all which statutes to my best remembrance is this namely that the haruest being great and the laborers but few many labourers shal be sent from those Colledges into the haruest Neither can it be intended that many laborers of long continuance many labourers of profound knowledge or manie labourers of ripenes should be sent But it is simply provided that many labourers and not loyterors should be sent yet now the Admonitor rather theÌ„ that some loyterers should not bee sent contendeth to seclude some labourers from the worke Besides how can they be of any long continuance of any ripenes or of any profound knowledge in the mysteries of faith and Godlines when not hauing accoÌ„plished the age of 24 yeres 26 yeres or 28 yeares at the most not hauing giuen them selues aboue 2. 3. or 4. yeares at the most to the studie of divinitie nay which after the studie of 3. or 4. yeares of Philosophie or artes and no studie of Divinitie must notwithstaÌ„ding enter into the ministerie wherfore from the statutes of the Colleges in the Vniversities I thus dispute If the necessitie of the Colledge statutes doe compell All Maisters of arts before mentioned and some Bachelers of arts not hauing any profound knowledge or being but of small continuance or not of any ripenes eyther to leaue their colleges or to enter into the Ministery then much more the necessity of preaching Faith the necessity of being saued and the necessity of God his glory may compell men of small learning of small knowledge of small ripenes and of small continuance to execute their Ministery rather theÌ„ that any parish should be necessarily clogged with a Minister of no learning of no discretion of no knowledge of no ripenes and of no continuance But the necessity of the college statutes do compell the one Therefore the necessity of Faith c. may compell the other Admonition Against the inconvenience of discipline by excommunication Pag. 81. onely which hee saith we so much cry for he telleth vs that some learned men of this age haue at large declared in their works set forth to the world that the same wil bee of most men contemned and that it will be of small force to bring to effect any good amendement of life Assertion But who taught him to father or to fasten this vntrueth vpon vs only then No discipline by excommunication only called for this might suffice for answere that hee did neuer yet heare any one of our part so much as cal much lesse to cry for discipline by excommunication onlie For we saye cleane otherwise viz. that the Discipline of the Church ought not to be executed as now for the most part it is by excommunicatioÌ„ onlie This maner Discipline by excoÌ„munication only no more to be suffred of discipline therfore by excommunication only is one of the disorders in the Church vsed by the reuerend Bb. which we so much desire to bee reformed And for this cause we intreate their Lordshippes to forbeare the practise of that which as it seemeth they would so fayne haue others to mislike But happely this was not the marke whereat the Admonitor short for Bishopply and Archdeaconly excommunication being daylie vsed it is like that he bent his bowe and aymed at that excommunication onely whiche is Pastorall and Elderly Agaynst which forme The writings of soâ—â— learned men not sufficieÌ„t to coÌ„demne excommunicatioÌ„ by Pastours and Elders and maner of excommunication let be so that some learned men of this age haue at large declared in their workes set foorth to the worlde that the same wil be of most men contemned and that it wil be of small force to bring to effect any good amendment of life let this I say be graunted what of all this must the Church of England therefore dislike and reiect the same God forbid The whole doctrine of Faith and Sacraments we know to be of most men contemned to be of small force to bring most men from superstitions Popiâ—h idolatrie And how theÌ„ is it possible but that the sworde of this doctrine should haue as litle enterteynement amongst most men as the doctrine He that casteth away the kernell will much more despise the shale And hee that setteth light by a sworde will set lesse by the scabberd It sufficeth then that the children of the Church in England striving to enter in at the narow gate embracing the doctrine of the Gospel it is sufficient I say that they submit subiect their neckes vnto the yoke of the Gospell for what haue we to doe with them that are without Doth the law of Englande endight condemne and iudge a Spaniard resiant in Spaine The Admonitor himselfe affirmeth Pag. 134. at the time when our Saviour Christ said dic Ecclesiae that there were manie presidents as it were and governours of the Church together with the chief Ministers of every congregation nay further he saith that hee will not deny that the Apostles afterward the primitiue Pag. 235. The Bb. coÌ„fesseth that the Minister and Elders did gouerne in the primitiue church Church did practise the same These some learned men then either must shew and proue vnto vs the children of God in England that this forme of governing the church excommunicating by many presidents and governours together with the chief Ministers of every Congregation was given to the Churches in the time of Christ and his Apostles but onely for that time that therefore that forme is now at an ende and ceased or else it must be confirmed vnto vs thaâ— God hath in these dayes altered and changed his minde touching England and that he hath by some new vision or reuelation commaunded the reuerend Bb in these dayes to teach the church of Englande that hee will not haue the same manner of gouerment vsed in the Church of England because The opinioÌ„ of some learned men not sufficient for the Church of England to departe from the worde it would bee of most of his children in England contemned and of small force to bring to effect any good amendemeÌ„t of life in them for albeit all the learned men in the world had declared as much in their workes set foorth to the world as is here spoken of what were that to the children of God in England vnlesse the same learned men had taught vnto vs true learning froÌ„ the mouth of God How much lesse are we bouÌ„d to regard what only some learned men of this age haue
so to of the Church by Prelacie to be Monarchicall because the Queene was a Monarch and that the reverend Bishop governed vnder a Monarch then what did hee els but put a weapon into the handes of Pastors and Elders to prove their governement also to be Princelie and Monarchicall Because Pastors Elders desire not to haue that maner of governement to bee brought into the Church otherwise then by the Royall assent Souveraigne authoritie and expresse commandement of our most gratious King and Monarch Besids if any governement may be therefore saide to be a Monarchie because the same is derived from an earthly Monarch howe much more then may the governement of the Churches by Pastors and Elders be adiudged Monarchical by reason the same is deduced from our heavenly and everlasting Monarch For the reverend Bb. by their publike preachings apologeticall Ma. Horne Bishoppe of Winch. Ma. Iewell Bishop of Sali Mai. Bilson Bishoppe of Winch. writings testifie that power authoritie to ordeine and depose Ministers to excommunicate and to absolue to devise and to establishe rites and ceremonies in the church to define what is trueth to pronounce what is falsehood to determine what is schisme and to cōdemne what is heresie our reverend Bb. I say confesse this power to bee originallie decided vnto the true Bishoppes and Pastours of the Church from the Kinglie and Soveraine power of our Saviour Christ By what name therefore soever the gouvernment of Pastours and Elders in the Churches be called there is no manner of cause to dislike of the planting of that government in a Monarchie because the same is instituted by the Monarch of Monarches who is able and readie to vphold the state of al Monarchies in common weales togither with the state of Aristocracie in his No cause for a Monarch to feare that his Christian subiectes should haue the sence of Aristocracie in Church goverment Church Neither is there any cause for anie Monarch in the world to feare the making of christian commō people by familiar experience to haue the sence feeling of the principles and reasons of Aristocracie For if a people haue once submitted their necks to the yoke of Christ they can liue a peaceable godly life vnder all kinds of powers because they knowe all kind of powers to be the ordenance of God But especially there is not neyther euer was neyther euer can there be any cause for any King or Monarch of England greatly as the Admonitor insinuateth to feare that the common people will very easely transferre the principles and reasons of Aristocracie to the gouerment of the common weale and therevpon bee induced to thinke that they haue iniurie if they haue not as much to doe in civill matters as they haue in matters of the Church seeing they also touch their commoditie and benefit temporallie as the other doeth spirituallie And certes it seemeth that the Admonitor was drawen very drie of reason whē he was fayne to plucke this stake from the hedge to make a fire and to kindle the wrath of the Magistrate against the forme of discipline by Pastors and Elders For whether hee intendeth that the Pastors and Elders will thinke them selues to haue iniurie if they deale not in all causes of the commō weale as well as in all causes of their churches or whether he ment that the common people will easely transferre the government of the common weale from a Kingly Monarchie to a noble Aristocracie there is neither soothnes nor soundnes in his meaning For sithence Pastors disclaime to deale in civil matters the learned Ministers against the reuerend Bishopps by the holy rules of our faith mainteyne that it is not lawful for a Minister of the Gospell to exercise civill magistracy and that it is not lawfull for the man of God to bee intangled with the affaires of this life how is it probable that those Ministers will easely oppugne their owne knowledge by their owne cōtrary practise Or how is it probable that they would over-loade them selues with that burthen to ease the Church wherof they haue contentedly exposed thē selues into a number of reproches contempts bytings persecutions As for that other intendement of the Admonitors that it is greatlie to be feared that the commō people will easely transferre Monarchie vnto Democracie or Aristocracie if the principles and reason thereof by experience were made familiar in their minds this reason I say might seeme to carrie some shewe of affrighting a Monarch if the same were insinuated vnto a king whose people were neuer acquainted with the principles reasons of Democracie or Aristocracie but this feare being insinuated vnto our late Souveraigne Ladie the Queene whose people euer since the time they first begā to be a people haue had their witts long exercised with the The people of England haue their wits exercised with the sence of Democracie Aristocrarie sence and feeling of the reasons principles aswell of Democracie as also of Aristocracie what sence had the Admonitor to vrge this feare That in the Kingdome of Englande the common people haue alreadie the sence and feeling of the reasons principles of Democracie cannot be denied For in euerie cause almost aswell of criminall as ciuill iustice some few only excepted to be executed in the common weale by the common lawes of the Realm haue they not some hand and dealing in the same by one meanes or other Nay which is more haue they not the sence and feeling of the making and vnmaking their owne lawes in Parleament And is not their consultation in Parleament a mere Democraticall consultation As much also there is to bee avowed for the sence and feeling of the reasons and principles of Aristocracie to be alreadie in the minds of the Peres the Nobles the Iudges and other great men of the Realme For are not the Wisest the Noblest the Chiefest taken out of these by the King to bee of his Counsell and to be Iudges and Iusticers in his Courts Yea and is not their assembly also in Parleament a mere Aristocraticall assembly And what translation then is there greatly to be feared out of the Church to bee made into the common weale when the minds of all sorts of our common wealthes-men be already seasoned with the things which hee feareth And when the common weale is alreadie seysed of the principles and reasons which he would not haue familiarly known vnto it Wherefore that the King the Nobles and cōmons may no more be scarred with the strangenes of these vncouth and vnknowne greeke names of Democracie and Aristocracie writtē in his booke with great and capitall letters I haue thought it my duty by these presents to informe them that the govermēt of the church by Pastors and Elders nowe wanting amongst vs and desired to bee brought into the Church by the Souveraine authority of our King Nobles and commons in Parleament for the outward form
vnderstanding the statut-Statut-law hath determined therof By the statute of submission 25. H. 8. revived 1. Eliz. as the verie wordes and letter of the petition and submission of the Cleargie of the body of the lawe of the provisoes doe import the verie true meaning and intent of the King Parleament is evident and apparant to be thus as foloweth none other Viz. That such Canons Constitutions and Ordinances Synodall or Provinciall which before that time were devised ordeyned or which from thencefoorth should be devised or ordeyned by the Cleargie of the Realme being not contrariant or repugnant c. should onely and alonelie be authorised and to bee put in vre and execution And consequentlie that all canons constitutions and ordinances papal and made by forreign power without the Realme should wholy and vtterly be abrogated adnulled abolited and made of no value The words touching the petitioÌ„ submission meÌ„tioned in that statute in substance are these Where the Kings humble and obedient subiectes the Cleargie c. haue submitted them selues promised in verbo Sacerdotij that they will never from hence foorth presume to attempt alledge claime or put in vre No Canons provinciall or other to bee put in vre therfore no papal canoÌ„s in force anie canons constitutions ordinances provinciall or other or enact promulge or execute any newe canons c. And where also divers constitutions ordinaÌ„ces and canons Provinciall or Synodal which heretofore haue bin enacted and beethought not only to be much preiudiciall Canons provincial heretofore enacted beeing preiudiciall are to bee abrogated to the Kings prerogatiue Royall c the Cleargie hath most humbly besought the Kings Highnes that the said constitutions and canons may be committed to the examination and iudgement of his Highnes and of two and thirtie persons of his subiectes c and that such of the said canons and constitutions as shal be thought and determined by the said 32 persons or the more part of them worthie to be abrogated and adnulled shal be abolite and of no value and such other of the same constitutions and canons as by the said 32 persons c. shal be approved to stande with the lawes of God and consonant to the lawes of this Realme shall stande in their full strength and power c. These are the wordes of the Petition and Submission c. the letter of the bodie of the statute in effect is this Bee it therfore enacted c. That they nor anie of them from hence foorth shall presume to attempt alledge clayme or put in vre any constitutions or ordinaÌ„ces provinciall No coÌ„stitutions or ordinances Provinciall or other canons to be alledged therefore once they were all abolited or Synodall or any other canons And for as much as such canons constitutions c. as heeretofore haue bene made by the Cleargie of this Realme can not c. by reason of the shortnes c be it therefore enacted c that the Kings Highnes c shall haue power c that the said 32 persons c shall The Kinge and 32. persons have no power to examine papal canons therfore papall canons inteÌ„ded to bee wholy abolished haue power authoritie to view search and examine the said canons constitutions c Provinciall and Sinodall heretofore made and such of them as the Kings Highnes c. shall deeme and adiudge worthie to be coÌ„tinued and kept shal be from hence foorth kept c. and the residue of the said canons constitutions and ordinances provinciall which the Kings Highnes c shall neuer bee put in execution within this Realme These are the wordes of the bodie of the law the words of the Proviso are these Provided that such canons constitutions Canons provinciall alreadie made onely onauthorised by the proviso therefore no papall canâ—â— in force ordinances and Sinodals Provinciall being alreadie made which be not contrariant c shall now still bee vsed and executed as they were before the making of this Act till such time as they be viewed searched c by which words of the petition bodie of the statute and proviso three things seeme principally to be ment and intended First an vtter absolute abolition of all canons constitutions ordinances and synodals before that time made by the Clergie within the Realme or by any forrain power without the Realm whatsoever Secondlie a view search and examination of all canons constitutions and ordinances provinciall or synodall before that time made by the Clergie within the Realm And lastly because the Church should not vtterly be destitute of al canons c Provinciall or Sinodall a reestablishment or reauthorisement of all such of the said canons Provinciall or Synodall as were not onerous to the people contrariant or repugnant to the lawes statutes or customes of the Realme nor preiudiciall to the Kings prerogatiue Royall was agreed vpon till the saide Provinciall Canons c were viewed searched and examined All papall forreign canon law then before that time made without the Realme being once inhibited to be attempted alledged claymed or put in vre and by consequence adnihilated abolited made voide vnlesse the same be againe revived and reestablished remaine frustrate and adnulled still and therefore ought not to be attempted alleaged claymed or put in vre Besides it is plaine that forraigne papall canon law was never intended to be reauthorized because the same law was never coÌ„mitted to the view search and examination of the King and 32. persons The King therefore and 32 persons by vertue of this acte not having any authoritie to view search and examine any forreign canon law though hee and they had deemed and adiudged any part of the same law worthy to haue bene continued kept and obeyed yet nevertheles had not the same bene of any force or validitie For onelie such canons constitutions and ordinances Provinciall or Synodal being not coÌ„trariant onerous or preiâ—diciall to the King to the lawes or to the people were reestablished as were committed Besides whereas about twentie yeares passed divers canons coÌ„stitutions and ordinances aswell papall as provincial were alleaged by him that collected an Abstract against an vnlearned ministerie against dispensations for many benefices against excommunication and against civill iurisdiction in ecclesiasticall persons the aunswerer in the behalf and maintenance of those Tit. pag. 〈◊〉 2. The answerer vnto the Abstract proveth by his reasons the Pâ—pall canon lavve now vsed to be abolished abuses chalenged the Author for not hauing proved his intent by lawe in force affirming that the canons and lawes by him alleaged were but pretended necessarie and disused lawes that they were not inspired with the life of lawes that such were fathered for lawes as be not lawes and that it remayned by him to be discussed how many of them were to be called in trueth her Maiesties lawes The reason of all which his exceptions he yeeldeth to be this namely