confront hir Highnesse prerogatiue roiall Pag. 61 And can we thinke that this man is in good earnest where he séemes thus to tender hir Maiesties prerogatiue whereas these popular elections of Bishops and ministers which he now striueth for doo fight with full but against it and are honoured by himselfe euen with the name of a Prerogatiue His third reason for the improouing of all such canons as Being against the customes of the realme séemeth so strange vnto me that I am in doubt whether I haue dwelt so long in England as I did afore imagine for I neuer heard of any elections by the whole multitude to haue béene vsed The statutes which he speaketh of are written In principio libri paulo post finem capitulo nusquam and shall be answered when any such be framed His reason to prooue them contrarie to the customes of the realme is thus The greatest number of voices of such as haue interest A childish reason and absurd doo make choise of certeine officers as of maiors bailiffes shiriffes of townes c Ergo ministers are or ought so to be chosen or else it is contrarie to the customes of the realme Indeed he might haue gathered Ergo our maner of electing ministers now in England is contrarie to the customes of choosing maiors c. And might he not as well haue gathered that the Prince the Councellors the greatest Officers of the land the Bishops the Iudges the Sheriffes of shires the Sergeants at law the Iustices of the peace the Custodes Rotulorū th Eschetors the Officers in any court of record the Capteines and Constables of any strong péeces or fortresies the Constables of hundreds the Mint-maisters Comptroller Auditor of mints the Customers Comptrollers and Searchers of ports ought also so to be chosen and being otherwise appointed that the customes of our land which is our common law is thereby transgressed But euerie child may see the grosse absurditie of this reason and he himselfe if he haue not rubbed his forehead excéedinglie will be ashamed of it And besides the follie of his argument his antecedent His reason retorted vpon him maketh against himselfe For it is notorious that in cities townes not euerie one that is to be gouerned hath voice in electing their officers but certeine which be culled out of the rest and speciallie trusted So is there none admitted to the election of knights of the shires but Legales homines which may dispend xl shillings in land of freehold by the yéere And yet manie besides are interessed therein and may be preiudiced therby as being to be gouerned by the one sort or to be tied to such statutes as by the consents of the other are passed If therefore in these actions for auoiding of stirres and confusions elections were put into a few mens hands much more reason was it that the multitude should not haue stroake in election of ministers being for the most part vtterlie vnable to iudge of their sufficiencie in learning which is the cheefest thing to be respected but yet not debarred to obiect what they can against their conuersation It maketh flatlie against himselfe in this also bicause héere he séemeth to require no other consent for election of ministers than is vsuallie in most cities and townes in the choise of their officers being doone by the greater part of a few in respect of the Pag. 60. Contrarietie of the author whole multitude besides contrarie to the rule of law by him before brought That which toucheth all must be allowed of all and euerie one and contrarie to that which here he saith that All the faithfull of the land haue an interest in choise and allowance of their pastors So that by this reckoning men women and children for all the faithfull be interessed shall haue voices in election of their minister and if one dissent all must be dashed if we follow that rule And that this was the meaning of those that confirmed the booke of ordering he prooueth bicause they Being men renewed with the spirit of wisdome in the gospell of Christ would be as carefull what guides they approoued of for conduction to eternall life as for discreet dealers for them in matters of this life and as prouident ouer their soules as ouer their goods Indéed if all they had béene of this mans spirit who peraduenture thinketh himselfe as wise and learned as any and nothing any waie touching him to be well done which he dooth not himselfe this might then carrie some shew to haue béene respected But those that be modestlie wise and with humilitie haue learned Sapere ad sobrietatem doo thinke that one learned man long studied in the scriptures and all good learning is better able to iudge of the abilitie and sufficiencie of any in that studie than ten thousand other though neuer so wise yet not so déepelie studied in those matters We beléeue one skilfull lawier in a point of lawe and one expert physician for the state of our bodie better than we doo all the world besides of such as haue not either at all or but slenderlie waded in those professions And in truth if this had béene their meaning whie did they not plainelie expresse it and whie hath none of them till this Nouus orator péered out shewed what was then done in parlement what was ment and what was said to this purpose But if any such thing had beene ment they would either in generall words or especiall haue reuersed that statute which saith The examination of the abilitie of a person presented to an ecclesiasticall benefice dooth perteine to an ecclesiasticall iudge Articuli cleri A. 9. E. 2. 13. To that which might be truelie obiected of tumults stirs contentions factions ambition and confusion ordinarilie heretofore accompaning these popular elections he answereth first that Euerie true beleeuer shall haue a spirit giuen vnto him to discerne whether a man be apt to preach or no Secondarilie That christians are not to feare such rages of the people but such are to be afrighted hereof that haue put awaie faith and a good conscience To the first I answer that the most in euerie place by whose voices it séemeth he would haue the matter swaied are not necessarilie True beleeuers and such as haue the spirit of Christ For his flocke is but a handfull in comparison of hypocrits and manie are called but few are chosen Neither are all true beléeuers alwaies endowed with such measure of wisedome and discretion as that they are able to sound the aptnes of a man in learning for the ministerie nor yet haue all so profited in true mortification as that they can weine themselues from those disordered affections which cleaue fast vnto euerie one of vs either more or lesse so long as we remaine in this world and therefore in such cases the mo that doo deale in any action the more disorderlie and troublesome for the most part it falleth out to be To
single man commit fornication with a single woman not espoused to any he is to endâ— wher with a dowrie in stead of hir father and to take her to wife according to the like law of God in the 22. of Exod. And the canon addeth that if he refuse to marrie hir hee shall besides endowing of her bee also corporally chastised yet we haue no such necessarie exacting of a dowrye in vse among vs. e De consecrat dist 3. c. celebritatem 6. q. 1. c. omnes c. illi qui. Moreouer by the canon law euery sinnâ— is reputed to make a man infamous which is not obserued in England f c. hoc ius 12. q. 2. Likewise the canons do forbid any thing belonging to the church to be sould any whit aboue the iust value which is not required nor looked vnto in this realme g L. scimus C. de iure deliberandi l. haere ditariis C. de haered acti Furthermore though both by the ciuill law and practise in this land the heire or executor is not tyed to pay more than the inuentarie truly made will amount vnto yet the h c. in literis Ext. de rapt 16. q. 6. c. si Episcopum canon law seemeth not so to distinguish but to bind the heire or executor to whom any part of the deads goods do come to a full satisfaction And the canon law seemeth wholy to i c. 1. de torneamentis c. vnico de sagiâ— condemne by the word Torneamenta all iusting running at tilt tourney or such like commendable exercise of the body vsed in England Yea and elsewhere prohibiteth euen our notable old renowmed defence of archerie to be vsed against any christians k c. 1. 2. dist 6. Moreouer the canons cleane contrarie to the practise in many places of England do forbid all bastards to beare any office of credit or charge And I thinke that it is not ordinarily in practise in this realme if a cleargy man being a patron do present an vnworthy clearke to a benefice that thereby the right of collating should be deuolued to the superior which the l c. cum nobis Ext. de off ordinaâ—ii c. cum in cuncâ—â—s Ext. de electione canons do appoint against him as a punishment Moreouer though the canon m â— cum in off Ext. de testamentâ—â— law be directly to the contrary yet it is a general custome through England and so testified to be by the n Gl. in verb. legaâ— c. statut prouin constit de consuetud glosse in Lindewood that a beneficed person may freely declare his last wyll and testament of all 〈…〉 h mooueable goods as he is possâ—ssed of being gotten in respect of the church And againe euen against our owne prouinciall constitutions custome in some part hath very farre preuailed For the constitution prouinciall is so farre from taking away from the executors the emblements sowne vpon the glebe land by the incumbent afore his death that if hee doo o Prou. Constitutio De consuetudine c. nullus Recâ—or liue till the feast of the Annunciation of the blessed Virgin all the fruits which for the other part of the yeare are to be receiued shall be imployed to the paiment of his debts and fulfilling of his legacies and deuises which now is generally growne out of vse and the exetutors of such a beneficed person shall haue no more fruites what tiâ—â— soeuer the incumbent shall dye but that which the d 〈…〉 of his death whether it were haye corne or fruite was seuered from the free hold Which course I haue read to haue beene also obserued euen before the statute of 28 Hen 8. Besides it p 3. H. ◠〈◊〉 〈◊〉 Encumbent â—â—lâ—b 1. appeareth by diuers bookes at the common law that if a beneficed person doo die before the conception of our Ladie as they terme it being the 8. of December the emblements and corne which he had sowne before vpon his glebe-land are due to his successor and not to his executor There is another Constitution also out of vse as being such which custome hath veryâ— long preuailed againstâ— that in a cause of matrimonie 〈◊〉 sentence were giuen for the matrimonie the aduocate which was of counsell against the matrimonie should bee suspended from practise by the space of one whole yeare afterwards And againe there was a prouinciall q Prou. 〈◊〉 stit de vita honestaâ—â— clâ—ricorum 〈◊〉 constitution made being neither repugnant to the lawes of this land nor preiudiciall to hir Maiesties royall prerogatiue for certaine kinde of apparell not to bee worne by any cleargie man which I may not doubt but our Abstractor and all his complices will easilye graunt to bee past date as being foreworne by contrarye custome Like as there bee some other also which though I doo noâ— doubt but that they obteyne still the force of lawe amongst vs yet these men will willinglye yeelde to bee sufficient that they haue lost theyr string euen by custome it selfe Albeit the Abstractor left it foorth of the Minor of his mayne syllogisme as though it were not able to impeach the validitie of a lawe once established r For a Constitution prouinciall decideth that hee which denyeth that a Synod assembled may not make such lawes which may inhibit a preacher from preaching â—ill hee bee tryed is to bee excommunicated Which is to be vnderstood of such lawes as were established in conuocation before any acte of Parlement was set downe to abridge that libertye Againe Å¿ â—bidem another constitution hath dâ—creed that Where either the clergie or the people of any place haue admitted any man to preach which is not licenced there that church should be interdicted And another hath t Ibidem also determined that If a preacher before the clergie shall preach of the faults of the laitie or before the people shall preach of enormities of the clergie he shall be punished by the Ordinarie of the place according to the qualitie of his offense These fewe thus alledged being such as for the present time I could hit vpon I thought good to touch as a surplusage for the more manifest refelling of the crafty defectiue Minor of his chiefe argument which if he had dealt plainly in and had laide foorth the Medium thereof fully as it is in the act of parlement he could not but haue foreseene that hee should haue had more adoo to haue prooued all those Canons which he alledgeth to Haue beene vsed and executed before the making of the said act in such sort as he would vrge than he had to gather so much stuffe togither in view of the simple being in truth to so slender purpose in the iudgement euen of all such as be but euen meanelye skilled in those lawes To the first treatise of the Abstract That a learned ministerie is commanded by lawe A Preamble before the examination of his proofes IT
through want of foresight of the waightinesse of the office vnworthily haue taken vpon him the gouernment Perill of soules cause of renunciation of anie Church a burthen too heauie for him to beare hee may foorthwith forgoe and renounce the same both so to be disburthened himselfe and that the Church also might be furnished with some able man to supplie the necessitie thereof PRO DEFECTV SCIENTIAE c. For want of Ex. deprabend â— veneâ—â—bilis knowledge a man may desire cession for whereas knowledge is chiefly necessarie about the administration of spirituall things and also behoofefull about the charge of temporal things let it be lawful for him that hath charge to gouerne the Church in these things to renounce the said Church in case he haue no knowlege whereby he may gouerne the same For saith the Lord thou hast reiected knowledge and therefore I will reiect thee that thou be no Priest vnto me Hence may be gathered two arguments the one to prooue the necessitie of knowledge in a spirituall Pastour the other to proue a lawfulnesse for the renouncing of that which without great preiudice and hurt to himselfe and others he cannot retaine Pag. 12 1 Hee that taketh vppon him the administration of spirituall things must haue the knowledge of spirituall things 2 But he that taketh vpon him the gouernement of the Church taketh vpon him the administration of spirituall things 3 Therefore he that taketh vppon him the gouernement of the Church must haue the knowledge of spirituall things 1 It is lawfull for euerie man that taketh vpon him a charge or function without knowledge howe to gouerne the same charge to forgo and forsake the said charge or function 2 But euerie vnlearned minister hauing a charge is without knowledge how to gouerne the same his charge 3 Therefore it is lawfull for him to renounce his said charge ANd againe euen to auoid the perill of soules and that neither age neither anie bodily disease or importencie shoulde be anie occasion or hinderance to the people from hauing and enioying the benefite of a teacher the lawe prouideth in this case also as followeth PETISTI c. Thou desirest that for thy age growing vpon 7 q 1 Petisti thee and thy bodily infirmitie thou mightest without aduise in the same seat where thou gouernest place one in thy stead but we God being our helper giue counsell to thy holinesse that for the helpe of reasonable mens soules Christ being thy guide thou do not leaue these which thou obtainest in the Church of Ments but if the Lord according to thy request shal giue vnto thee a perfect man who may take vpon him the care for the health of soules thou shalt ordaine him Bishop in thy place and hee shall be in the Gospell committed vnto thee and in bearing the ministerie of Christ in euerie place shall visite and comforte the Church of God Pag. 13 All which Canons and constitutions being made and published long sithence are againe confirmed ratified and allowed by latter constitutions decrees and ordinaunces as followeth AD REGIMEN c. Although we by disposition from aboue Ex. commâ—â—â— de Praeb dig c. Ad regimen vnworthily called to the gouernment of the vniuersal church as we ought so haue wee in our desires that by our indeuour and diligence fit men be taken to the regiments of Churches and Monasteries and other Ecclesiasticall benefices according to the diuine pleasure and our purpose and intent which might rule and profite the Churches Monasteries and the foresaid benefices to be committed vnto them And againe CVM ECCLESIAE c. Forasmuch as the Churches Clement de aetaâ— quali ep 1. wherevnto vnfit parsons in knowlege manners or age are preferred suffer for this cause as experience teacheth in their spiritualties and temporalities oftentimes great detriments wee willing that this thing by the Diocesanes of the places vnto whom this charge by reason of their office appertaineth be more diligently foreseene straightly inioyne that they themselues more diligently obserue and cause inuiolably to be obserued by their subiects such canonicall constitutions as haue hitherto beene published for the preferring of parsons vnto such Churches if they will auoid the displeasure of God and the punishment due by the Apostolike sea And not onlie these Canons established and confirmed by the Popes Act of Parliament but euen our owne prouinciall constitutions made long sithence for the realme of England haue ordained and established a learned ministerie and appointed an able and fit state of Cleargie men to be had throughout the whole Empire and Dominions of her Maiestie The tenor or some of which constitutions followeth First Exigit namque ars nostra catholica vt sit vnicus in vna ecclesia Otho constitu câ—â—sit ars §. exigit sacerdos alià s magister perfectus ordine habitu vita sancta scientia doctrina For our Catholique religion requireth that in one Church there be one Priest otherwise called a perfect teacher in order and habite in holie life in knowledge and in doctrine Pag. 14 Secondly Absq magistro praeterea ecclesia desolata manet saepe die nec persona in ea nec saliem vicarius perpetuus inuenitur sed aliquis forte simplex sacerdos de vita sancta scientia doctrina est ei nimis modica heu cura Without a maister the Church oftentimes remaineth de solate hauing neither parson nor anie continuall vicar but perhaps some seelie ignorant Priest but as touching their holie life their knowlege and their doctrine alas there is too too little care had Pag. 15 SACER ORDO c. A sacred order is to be conferred to Otho const cum sit aâ—◠§ absue him that is most worthie to the end that by him the other Sacraments might be ministred Wherefore since it is a thing verie perillous to ordaine men vnworthie idiots illegitimate irregular persons vnlearned persons vagarant and such as haue not anie certaine or true title indeed We ordaine that before the conferring of orders diligent inquisition and search be made by the Bishop of al these things Which constitution whether it be obserued or no I referre the reader to the directions of the Bishops Canons Wherein they manifestly tell vs that they proceede first and enquire afterwards that they first giue the Minister a charge appointing him to teach and afterwards send him to the Archdeacon or his officials court to learne as is manifest in their Canons published in the yeare of our Lord 1571. Title Archdeacon and also in the Aduertisements Title Ecclesiasticall pollicie Wherein they haue not attended the meaning and intent of Lawe which alwaies requireth Vt qualitates adsint eo tempore quo dispositio sumat effectum That â—art in l. si quis posthumos § filium nâ— 3. ff de li. posthâ—â— ff de minor l de aetate de feriis le 2. qualities must then be had when the
So that I cease to maruell at some whome I cannot call The asses of our schooles bicause they were neuer able to kéepe any exercises there but onelie at Carefax or â—ulie-locke in Oxenford and at the Pumpe tauerne or the Howsen in Cambridge who being at the Vniuersities were such droanes that they were accompted Non proficientes yet they afterwards comming into some countries and betaking themselues to a veine of contempt of all order and to a strictnesse in godlie words as the Phariseis did in externall conuerstion were by a sudden Metamorphôsis transtigured in some singular mens conceits into great side wide and déepe clearkes to be woondered at rather than to be followed 36. Section Pag. 72 73. HEere haue we another ampliation of the rule of vnfit and vncapable ministers excluding all that haue béene popish priests quite from the ministerie for euer with a Non obstante whatsoeuer Popish lawyers which surmise traitorouslie all the professors of the gospell to be heretikes and schismatikes shall saie to the contrarie As for poperie I doo by the mercie of God disclaime it with all my heart and the skill in the Canon law which I thinke he meaneth I leaue to him that gathered these his texts whether he were Friar or lier and to his gentle Glossographer vpon them if they will not thinke themselues slandered to be so burdened But if any surmise onelie in heart as he writeth I would to God for the safegard of hir Maiestie and this reahne their hearts were ripped thorough and such thoughts written in great letters of either side of them that all men thereby might sée as much as this man thinketh he dooth And if their surmises haue also growne to words and open spéeches I hope our author for auoiding the danger of abetment vnto such hath reuealed vnto authoritie such traitorous surmises before he published his priuitie with them in a printed pamphlet In the inlarging of his assumpt that Papists are heretikes he speaketh not like a diuine to saie that anie being baptized which is to vs as the couenant of circumcision was in the old law is an alien from the couenant of God For hereof it would followe that a papist once baptised and forsaking his poperie * De consecra dist 4. c. non in vobis ex Aug. ad Donatistas shoudl be baptized againe before he could be accounted in the couenant and of the true church which is plaine Anabaptisme That which is said by him of the force of the Act of parlement concerning the submission of the clergie is vainelie and impertinentlie alledged séeing that part of the act might remaine in force though it had béene so that the other part establishing all Canons c had béene reuersed and repealed Now although the act in the 1. yeare of hir Maiesties reigne is thought by many not to stretch so farre as to make Papisme heresie to that intent to punish them by the penalties of law appointed to heretikes yet will I easilie grant that dubbed papists in tearmes of true diuinitie be grosse heretikes and some points of their doctrine to be both hereticall to GOD and traitorous to princes Neuerthelesse the place quoted in the Decretals by our author for proofe that therefore such vpon abiuration and renouncing of their schismes and heresies may not be chosen admitted or tollerated to beare any ecclesiasticall Corruption of the text office prooueth no such matter The words alleged are his words and collection flat contrarie to the text it selfe which is Wheras * c. quia Ext. de elect elect potest you carefullie haue required whether you ought to confirme the election of him which hauing abiured schisme is returned to the vnitie of the church I thought good to answer that if he haue receiued Gl. ibid. in verb. suseeperit ex c. 1. inf de schismat no order of a schismatike so that nothing else doo hinder I doo permit him by way of dispensation to be confirmed Where it appeareth that by dispensation of the superiour one which hath béene a schismatike may be admitted to a higher promotion So that this place and the other being not so much as alledged to any further purpose than to hinder such as had béene schismatikes and heretikes from being admitted to those ecclesiasticall functions which afore they had not that part of his Maior remaineth yet naked that such may not beare an ecclesiasticall office and be tollerated in that place that they were in before The second allegation manifestlie speaking of those that being Heretikes or beleeuers of them c are not to be admitted to any ecclesiasticall benefice or publike office is notoriouslie by him falsified by a Fallacie ab accentu where without FalsificatioÌ„ any interpunction he translateth * c. 2. §. haeretici de haereticis in 6. Haeretici autem credentes receptatores c ad nullum c admittantur beléeuing heretikes their receiuers c let them not be admitted to anie benefice bicause he would haue it sound as though it were spoken of heretikes conuerted and now become true beléeuers The falsehood and vanitie whereof appeareth for that it is no reason such as fauour a true beléeuer though he haue béene sometime an heretike should be debarred from ecclesiasticall liuing Also this his sense of this canon being in force as he saith dooth exclude all men in England and their children and nephewes from bearing any publike office if euer they were papists in times past Furthermore by this interpretation the begining of this Chapter would hinder all that haue béene papists from christian buriall and procure such as are alreadie buried to be digged vp againe euen the verie summarie of that § ouerthroweth this wilfull and childish corruption The preferment saith Domin of heretikes of those which beleeue them or fauour them c is of no force or validitie In suÌ„ma ibid. In the * c. vt commissi ibid. same title those selfe-same words are againe repeated sufficientlie conuincing his interpretation Againe the law it selfe dooth plainelie set downe the true meaning thereof in these words This * c. statutum §. hoc sane ibidem truelie that is spoken of the children and nephewes of heretikes beleeuers of heretikes and such of like sort seemeth ro be vnderstood of the children of those that either be still such or which may be prooued to haue departed this life being such and not of their children whome it may appeare to haue beene reformed and incorporate againe to the vnitie of the church And him that desireth futher euidence in this matter I remit for breuitie to the * Gl. in c. 1. ver nota de schism in 6. c. si aduersus c. excommunicamus §. credentes c. excommun 2. §. si qui autem Ext. de hereticis piaces here quoted The contrarie of this doctrine of his may be prooued by the example of Aaron who was an idolater or an abbettor of idolatrie in
be so soone reconciled againe with his enimie whome sometimes he wished to be broiled like S. Laurence or to be burnt like an heretike in Smithfeeld The other and more principall point concerning the declining of the church of England in ceremonies gouernement and discipline from the commandement of Christ by him and such like surmised bicause it conteineth a verie greeuous accusation of so famous and great a part of the vniuersall church and is therfore a matter of great consequence to haue this church cleared of that slander which this infamous libeller obiecteth I haue thought good for a taste to trouble the readers a little with some few and briefe collections gathered for the most part by certeine painefull and godlie learned men yet in some small portion vpon mine owne slender wading concerning these matters of externall church-policie not to any intent as I may safelie before God protest to derogate from any tolerable order established in these externall matters by any reformed church as a thing vnlawfull of to be condemned howsoeuer peraduenture some of them may be inconuenient to be vsed but onelie to shew the vanitie of this and other like affected mens assertions which By the exact description of the temple and other things about the seruice of God in the old law and because Christ was faithfull in all his fathers houshold would carrie awaie in a generalitie that therefore there is one certeine perfect and setled forme of discipline gouernement and of externall church-policie recommended and also commanded in scripture vnto vs. For if vpon examination hereof in specialties it may appeare that the ring-leaders of this band doo not onelie differ but also be contrarie one to another in many materiall points of this their platforme which they neuerthelesse would mingle heauen and earth together for by their The soldior of Barwike pag. 3. spéeches and writings then I hope all godlie wise men will easilie sée that it is but a strong fansie which either all or at the least some of them in this behalfe be led by and that without reason they doo exact of vs to yéeld vnto them which are not at any accord or resolution among themselues nor yet with other learned men Wherevpon this will ensue and profitablie may be gathered that as it is lawfull for any particular church by the word of God to reteine what forme and circumstances of discipline and gouernement in the church not contrarie to the word of God which weieng all things therein considerable shall be thought most to tend then and there to the building vp of the liuelie stones in déed into one accouplement in Christ Iesus his mysticall bodie so that forme will fall out to be most safe which hath béene most generallie receiued and profitable practised and hath for it the approbation of the purest antiquitie in the primitiue church For it is a verie nice and a dangerous scrupulositie rather than to vse that aright which hath bene once abused that a man should go about to deuise and to laie out new platformes in church matters in which of necessitie such difficulties will dailie arise that can not by any reach of mans wit be forecast and which will bréed not onelie a continuall toile but also infinite dangerous innouations both in the church and common-weale Now as concerning the inward gouernement of the church of Christ by the spirit of God working in his children by the ministerie of the written and reuealed word and also touching the essentiall points of the outward policie and gouernement of the church consisting in the true teaching of the word of God in the due administration of sacraments according to Christes holic institution in the aduancement and furtherance of vertue with the beating downe and suppressing of sinne and impietie and in keeping the church in a quiet vnitie and good order there is no difference or varietie of opinion amongst vs. Which wholie therefore dooth rest in this point touching the forme and manner of putting this externall church gouernement in vre and practise For they affirme that * Pag. 19 20 239. Christ hath left and Commanded as perfect a rule and law for the gouernement of the church his fathers houshold by discipline as he hath doone by doctrine which is saie they by their consistories and presbyteries and also that the same is perpetuall and ought so to continue vnto the worlds end in euerie particular church Both which we denie and with all affirme that no such precise and exact forme of externall gouernment of the church by discipline as they depaint out is so much as by any example recommended vnto vs in scripture but much lesse commanded as a continuall platforme for euer to be followed To their first asseueration belong those their spéeches where they call it The presbyterie which God hath appointed the arke of God the Lords house a royall throne for Christ to sit and rule in And where other of * T. C. in epist ante lib. 2. them tell vs that The order which they contend for is that which God hath left * Admon 2. pag. 5. and that The matters they deale in are according to the verie will of almightie God Insomuch that * A libell printed in forme of a table they make him Antichrist and one who refuseth to haue Christ to rule ouer him which reiecteth their Presbyterie gouernement To their second paradox belong these and such like magnificall elne-long terms * T. C. in epist ante 2. lib. that It is the euerlasting truth of God that it is the kingdome of God in this world which onlie hath the promise of blessing and life for euermore * Admon 2. pag. 61. that this is onelie Gods order which in conscience they are forced to speake for and to vse and * T. C. in 1. lib. pag. 141. that we are expreslie charged to reteine this Segniorie till the comming of Christ to iudgement by the words of S. Paule in the sixt chapter of the first to Timothie notwithstanding Caluine dooth wholie refer it to the ministerie of Timothie And although our men who belike sée further in a milstone and can find more knots in a rush than other men doo tell vs of such a necessarie perpetuitie continuance of their presbyteriall gouernement yet * Art 23. tit aduertissement en la discipline du France the French churches reformed could not find any such setled forme of discipline so by scripture established but that it might vpon occasion be altered And therefore in the shutting vp of their booke hereof they saie thus Ces articles qui sont c These articles which are here conteined touching the discipline are not so setled amongst vs but that the vnitie of the church so requiring they may be changed And it is a world to sée consider though not onlie in this point but in many other materiall points about this gouernment our church-wrights differ both from
other men abroad and amongst themselues at home how yet notwithstanding they doo all in generall importune vs to beléeue them that there is a precise forme order rule and law of this externall gouernment in the church commanded by Christ which no church may swarue from or euer transforme and alter Yet Tertullian as he is alledged by others saith thus Trulie the rule of faith is wholie one and is wholie vnmoueable and not to be reformed namelie to beleeue in God c this law of faith remaining now the other matters of discipline and course of life doo admit alteration and correction the grace of God alwaies working and going forward vnto the end And first as touching varietie of iudgements about the meanes to establish this gouernement and their presbyteries we sée that our * Pag. 93. Abstractor saith The ministers without due authoritie from the magistrate whereby I hope he vnderstandeth the chiefe magistrate of euerie common-wealth not inferior officers whom in this case certeine firebrands of treson by a De iure magistrat de iure regni vindict con tyrannos their bookes would arme against their souereigns ought not to wrest any thing into the gouernement of the church But b T. C. pag. 141. another saith that among other things this gouernment by presbyteries Is such as for the keeping of them if we haue them forth obteining of them if we haue them not he will not saie Our honors or our commodities and welth but our liues ought not to be deare vnto vs. Another c Admon 2. pag. 61. saith they are forced to speake for it and to vse it And d Br. a fourth no lesse peremptorie than traitorous whom I hope they will not allow of saith If the prince will not establish this gouernment that hir subiects need not to tarrie for hir but ought t'innouate the gouernment themselues Diuers of the French reformers are also too violentlie affected that waie One of them hath deliuered e Fran. Iun. pag. 28. that If the prince doo hinder the building of the church f Pag. 3. or doo affect the seat of God that is in their sense and meaning deale in ecclesiasticall causes and hinder the presbyterie the g Pag. 28. people may by force of armes resist him To which end also h Admon 2. pag. 29. that seemeth to be spoken where it is said that many a thousand in England desire that platforme and that great troubles will come of it if they be still with-stood in their deuises And if none of those disâ—ciall practises can be put in vre which some of that disposition and affection to those presbyteries haue deuised by arming inferior officers and magistrates against their souereignes then they would * Of obediâ—nce pa. 59. haue The ministerie t' excommunicate the king Wherby they would falslie gather by the Feudall law or of tenures as we call it * De iure magistr pag. 66. that the vassall is deliuered from his allegiance and oth of fealtie or homage which he hath taken to his souereigne lord if he be once excommunicate In which respect also * Of obedience pag. 52. 53. some of them doo affirme that though popes taking vpon them to depose princes for sundrie enormities did vsurpe vnto themselues an vnlawfull authoritie yet the reason that mooued them so to doo was honest and iust and méet to be executed by the bodie or state of euerie common-weale and yet forsooth these be especiall fréends and fauourers of the Quéenes prerogatiue But touching that place there alledged out of the second booke Feudorum tit 28. § 1 it can no waie be vnderstood of an absolute and souereigne prince that holdeth not his kingdome ouer of anie mortall man but of God alone no not in those countries and territories where otherwise the Feudall law in meane lords hath place First because the Vassall or tenant as we call him being deliuered of his fealtie seruices and tenancie and the said seruices being not to be extinguished in the Vassall but for the lords default to be forfeited to another it cannot be vnderstood of a souereigne lord who hath no superiour but God to take the forfeiture that is growne against him Secondarilie the circumstances of the law doo declare this to be vnderstood of a meane lord and not of the king himselfe The vassall saith that law is not bound to helpe or to doo seruice to his lord being excommunicate or banished by the king but is in the meane time loosed from his oth offealtie till he be restored by the church or the king Againe all this Feudall lawe being a customarie and vnwritten law and by the tolerance of kings and other souereigne lords ouer warlike nations suffered to growe in vse for the reward and incouragement of those that had valiantlie demeaned themselues in their warres it cannot be credible that the king would permit such a custome to preuaile euen against himselfe whereby he should reteine his owne subiects no longer in their allegiance than it should please another man Moreouer this law had his beginning and speciall increase amongst the Longobards and other such Martiall people before they were conuerted to Christianitie from their Gentilisme which maketh me to thinke that this point of excommunication was added afterward by the compilers of the Feudall law according to the vse of their times for the paritie and equalitie of reason that séemed to be in Banishing with Excommunication But most stronglie is this sense which I haue giuen confirmed by the testimonie of verie good historiographers * Ottho Erisingen lib. 6. cap. 35. chro I doo read and read ouer againe saith one the acts of Romane kings and emperors and I can no where find that any of them was euer excommunicated by the Bishop of Rome till this William king of England was excommunicated by Alexander the second about the yeare of our Lord 1066. And Iohannes Tritenius * Chron. Hirsaug ca. 14. writing of the emperour Henrie the fourth saith thus For which pertinacie he was excommunicated by Gregorie the seuenth and by a synodall decree of Bishops was deposed from the empire although he cared not for it And he is the first of all emperors that was deposed by the pope And another in his chronicles of the yeare 1088. calleth it in a maner an heresie then scarse sproong vp that Presbyteri priests or elders if you will should take vpon them to release the subiects of a king from their oth and allegiance Odo * Sigebertus monachus Gemblacen saith he being first a Cluniake moonke and after Bishop of Hostia was made pope against the emperour and Guibertus Heerevpon offenses in the church and turmoiles of dissention in the common-weale did increase whiles one disagreed from another that is the kingdome from the priesthood Trulie if I may speake with good leaue of those who be good men this plaine noueltie I had
of France and their owne whole platforme doo permit a ciuill Magistrate reteining his former office to be chosen a Senior in their ecclesiasticall Presbyterie so to become an ecclesiasticall person yea they doo e Ibid. art 3. prescribe to their Ministers to make pasports for passengers from one church to another which is a ciuill dutie as may appeare by the like practise by Iustices of the peace with vs. And I praie you is not this a good conuersion and a sound reason Some ciuill magistrate lawfullie is an ecclesiasticall person and gouernor Ergo some ecclesiasticall person and gouernor lawfullie is a ciuill magistrate And if some may be so what prerogatiue may be alledged for anie one which may not be shewed for others Againe it is thought by our Innouators to be a great inconuenience to be barred from publishing what bookes concerning religion they shall thinke good which appeareth by their late practises and disobedience to lawes in this behalfe yet it was thought most expedient in the reformed churches of France to f Aduertisement art 11. la discipl de France forbid that Neither ministers nor any other should cause to be printed or any otherwise published any bookes compiled by themselues or by others touching religion without imparting the said bookes first to the Conference and if need were to the Prouinciall synod Also in the reformed churches there it g Des Ministres art 11. la discipl de France was thought most méet that Noble men and great Lords to the intent all occasion of diuision might be rebated should be requested that in those places of their aboad where there was a church reformed although their owne familie were so large that it might make a sufficient Congregation yet it would please them to ioine their familie with the Congregation of that place where they did remaine And amongest vs manie be so scrupulous that they thinke those words vsed in the ordering of ministers which Christ did vse in the like action to wit Receiue the Holie-ghost to be verie fowlie abused and prophaned yet in the a La maniere de la imposition maner of Imposition of hands ordinarilie obserued in the churches of France in the election of their ministers it is set downe that the said place of S. Iohn should be amongst other places at the said time and action repeated and treated of with that also which is annexed to wit Whose sinnes ye remit c. Likewise our Reformers of others are so unwilling to be reformed conformed or vniformed themselues that they thinke they are woonderfull hardlie dealt with and beyond all example of other churches to be vrged to subscribe to the articles and confession of religion and to the manner and forme of externall discipline and gouernement vsed in this church of England whereof they are ministers yet the church of France which is so admired by them and set as a samplar by them to be imitated and according to which for the most part they haue drawne out their platformes exacteth b Des Ministres art 5. la discipl de France of euerie one That hath beene chosen a minister by the people to subscribe vnto the articles of faith and to all the order of discipline agreed vpon amongst them which if he refuse to doo he is by the Conference or by three or foure ministers of the next churches togither with their Anciens to be declared a schismatike and the people is thereof to be aduertised to the intent they may auoid such a man Also c Ibid. art 9. those which be chosen ministers must subscribe to them both in the churches where they are chosen and also in the churches whither they are to be sent Likewise d Ibid. art 11. ministers in Noble mens houses though they haue none other care are tied to this subscription Againe a Des anciens diacres art 1. la discipl de France their Seniors and Deacons are also before their admission to their offices to subscribe vnto them both And b Des professeâ—â—s ibid. further euen their Regents and Professors in diuinitie are by them required to subscribe aswell as the rest And the like order is obserued as is notorious in the most or in all the reformed churches in Germanie In all which places as we may sée it is thought a great absurditie for a man to reteine anie ecclesiasticall function in that church vnto the orders of which by law duelie established he can not find in his hart to subscribe and condescend There is yet also another materiall difference amongst them to be touched For c De Polit. eccle Reipub some of them doo attribute equall authoritie vnto all the people in this their Regiment with the Presbyterie cleane contrarie to the most platformes set downe hitherto thereof And although as we haue now heard their varieties in iudgement be so manie and so manifold yet our men are so insolent against all other orders and formes of church-gouernement and so besotted in the loue and admiration of their owne impe which they haue begotten but not as yet licked into anie perfect forme that they dare condemne all churches which are not squared in externall gouernement according to their Lesbiall leaden rule which euerie one of them will wrest and bend as his fansie will féed him on So that one of them is not ashamed to saie d Admon 1. pag. 2. that As the estate is now of the church there can be no right religion Also e Admon 2. pag. 6. that The truth in a manner dooth but peepe out as it were behind a skreene And f Admon 1. pag. 2. againe We want in England a right ministerie of God Wherein he differeth from our Abstractor as much as the Abstractor in another place differeth from himselfe who is content to allow vnto vs some to be right ministers in déed Therefore considering the great benefits of almightie God of the true preaching of his word and due administration of sacraments which by hir Maiesties ministerie he hath in mercie farre aboue descrt powred vpon vs which these vnthankfull wretches doo thus abuse and extenuat in respect that they can not obteine their owne wils we may of them trulie verifie that saieng of Gualter which he spake * Gualter in 1. Cor. 11. against such like men All these things they esteeme as nothing except a new magistracie may be erected vnto whome it may apperteine not onelie to controll euen princes themselues but also to excommunicate them Now all these contrarieties and differences in iudgement concerning their deuised church-gouernement being well weied and considered I would aske of our Abstractor or anie other affected that waie which doo imagine as perfect a lawe for the gouernement of the church by discipline as by doctrine to haue bene deliuered by Christ vnto his church Where and in whose books that law is described and plainelie proued out of the word of God vnto
vs shall lay to some vvholesome remedie If the disease and maladie of pluralites in time of ignorance and superstition was such that the blinde leaders of the blinde 5. P. 2. had their eies in their heads to see the infection therof to be most perillous as well to their synagogue as to their common weale how is it possible that plurified men in the time of the knowledge and truth of the Gospell should finde anie meanes to escape the fire and reuenge which the idolators feared And not onely these Canons and prouincials but the statute lawes of England also made against these excesses prohibite likewise the hauing of â—â— benefices as appeareth by an act of Parliament made the 21. yeare of Henrie the 8. the tenor whereof ensueth And be it enacted that if anie person or persons hauing one benefice with cure of soules being of the yeerelie value of 8. pounds or aboue accept and take anie other with cure of soule and be instituted and inducted in possession of the same that then and immediatlie after such possession had thereof the first benefice shall be adiudged in the lawe to be voide And that it shall be lawfull to euerie patron hauing the aduouson thereof to present another and the presented to haue the benefit of the same in such like manner and forme as though the incumbent had died or resigned Anie lisence vnion or other dispensation to the contrarie hereof Pag. 113 obtained notwithstanding And that euerie such license vnion or dispensation had or heereafter to bee had contrarie to this present act of what name or names qualitie or qualities so euer they bee shall be vtterlie voide and of none effect As touching anie other Canons made and in force before 25. Henrie 8. allowing certaine immunities priuiledges and dispensations to be graunted for the possessing of manie benesices and Parish Churches rightlie vnderstood are no waie preiudiciall vnto these former ordinaunces For in things depending vpon the meere disposition of man though the magistrate haue authoritie as well generallie to forbidde and prohibite as also in some cases besides the said lawe to license and dispence yet concerning the matter of pluralities it will not be found Pluralists I confesse and their abettours ground their assertions vpon these and such like rules following viz. Eius est destruere cuius est construere eius est interpretari cuius est condere Papa qut ius condidit est supra ius matorem enim retinuâ—t potestatem c. That is To him it belongeth to pull downe to whom it belongeth to set vp and the interpretation of the lawe belongeth to the lawe maker the Pope that made the lawe is aboue the lawe because he hath retained a greater power to himselfe then he hath giuen to the lawe The Pope hath a fulnesse of power to dispose of benefices at his pleasure And therefore saie they As Churches were at the first by Lawe positiue both founded and distinguished so may they againe by the same Lawe positiue either be cleane taken awaie or vnited Which vnnecessarie and sophisticall consequence is simplie to bee denied First for those former rules generallie vnderstoode without limitation and distinction bee either vtterlie false or else contrarie and repugnaunt to other principles of Lawe Pag. 114 Againe concerning these or anie other like generall conclusions in lawe I aunswere and that by an vnfallible maxime in lawe that no rule can be so generallie giuen in thinges of meere pollicie and disposition of man onelie deuised by man of which sorte these former rules are that receiueth not some limitations and restrictions And that therefore these principles wherevppon the foundation of pluralities is layde beeing weake and easilie shaken with a little blast of mannes wit cannot stande or haue anie sure setling in as much as against the same manie challenges may bee made and manie exceptions taken Secondlic the foresayde coherence followeth not for two apparaunt and principall fallacies contained in the same as afterwardes shall bee manifested But first touching these rules before mentioned Eius est destruere cuius est construere c. Hee may breake a Lawe that may make a Lawe the same is not alwaies true It taketh no place Vbt causa prohibitionis est perpetua where there is a perpetuall cause of a prohibition For then the cause beeing perpetuall the prohibition ought to bee perpetuall Quta perpetuam habet causam prohibitionis nulla est obligatio Because Fi. de verb. oblig l si slipuler in id glos extra de simo c. si quis ver iuramentum it hath a perpetuall cause of prohibition there is no obligation As for example the reason and cause of prohibition against murther thefte rauine blasphemic is perpetuall and therefore the Lawe against murther thefte rauine and blasphemie ought to bee perpetuall And therefore men hauing once made Lawes against these vices it is not lawfull for man afterwardes to dispence with these vices or by license to warrant anie man to steale to kill to spoile or to blaspheme For whosoeuer shall in this sorte dispence with a Lawe the same also may dispence with the reason of the Lawe and so with the soule and life of the Lawe and so make the Lawe a vaine and dead Lawe Ratio legis est anima legis Pag. 115 The reason of the Lawe is the soule and life of the Lawe and therefore as none may dispence with the reason of the Lawe or take awaie the soule and life of the Lawe so none may dispence with the law or take awaie the Lawe Now for as much as it is not lawfull for all the Princes in the earth to chaunge or dispence or take awaie the reasons and causes of the Lawes prohibiting manie benefices Therefore it is not lawfull for them to chaunge or dispence or take awaie the Lawes against pluralities The reasons where vpon pluralities are forbidden are reasons taken from the Lawe of Nature and from the equiâ—â—e of the Lawe of God but none can alter or take awaie the lawe of Nature or dispence with the lawe of God therefore none can Institutio de iure nat gen ci § sed naturalis Iam. alter or impugne or dispence with the reasons of either of them For as the lawe of Nature is immutable so is the reason of the Lawe of Nature immutable and as the will of GOD is vnchaungeable so is the equitie of his Law vnchaungeable to If then naturall reason bee the cause and soule and life of a naturall Lawe and the will of God the onelie cause of the Lawe of God and his onelie will the rule of all iustice vuchaungeablie none can challenge authoritie to chaunge or dispence with the Lawe of Nature or with the Law of God but hee must foorth-with challenge authoritie to dispence both with the reason of the Lawe of Nature and with the pleasure and will of GOD. And therefore out of the premises I conclude thus 1
iuri communi Statutes ought so to be vnderstood that they may adde somewhat to common right Circa sublimes literatas personas quae maioribus beneficijs sunt honorandae cum ratio postulauerit per sedem apostolicam poterit dispensari Conceruing men of Nobilitie and learning who with greater 3. Extr. de prebend c. fi de multa benefices are to be honoured the Apostolike sea if reason shal require may dispence with such And in another Chapter the same is confirmed Pag. 127 MVLTA ENIM in hoc casu dispensationem inducere videbantur literarum scientia morum honestas vitae virtus fama personae multiplieiter a quibusdem etiam ex fratribus nostris qui eumin Extr. de elec c. innotuit scholis cognouerant approbatae Manie things in this case seemed to leade to the graunting of a dispensation his learning his honest conuersation his vpright life and the good report of the person diuerslie commended euen by some of our brethren vvhich knevv him at schoole These gifts and graces these qualities these conditions are incident and appertaine by common right to these men that by waie of dispensation may possesse manie benefices Whosoeuer then is not commendable for his learning for his honestie for his sincere life or not of some auncient and noble familie the same man by lawe is vtterlie barred and secluded from this benefit The second qualitie required to the validitie of euerie dispensation is the waightinesse of some speciall cause as appeareth in the Chapter before recited in these words Cum ratio postulauerit when reason requireth And againe wee aunswere saith Alexander the third in a decretall Epistle written to the Bishop of Exceter that it belongeth to the iudgement of Extr. de voto c. 1. him that is President that hee consider diligentlie the cause of communication and so accordinglie to dispence And by the Chapter Magnae Extra de voto It is plaine and euident that there must be some speciall cause knowen for the which euerie dispensation is to be graunted For as I saide before to the ende that euerie dispensation be good and auaileable by Law there is required necessarilie both the abilitie of the person to whom and the iustice of the cause for which the same ought to be giuen For neither may an able man without a iust cause neither a iust cause without an able man moue the Iudge in anie wise to dispence And to tell you what these speciall causes are in few wordes they Pag. 12l are these vrgent necessitie and euident vtilitie of the Church Extra de ele c. cum nobis Propter vrgentem necessitatem euidentem vtilitatem ecclesiae Capuanae quam in hac parte potius approbamus volumus ipsum firmiter perdurare For the vrgent necessitie and euident vtilitie of the Necessitie vtilitie of the Church onely iust causes of a dispensation 1. q. 7. requiritis 〈◊〉 nisi Church of Capua which on this behalfe wee rather haue respect vnto our pleasure and will is that hee continue It is vnlawfull by common right for a Monke or laie man to bee admitted to the gouernment of anie Church with cure of soule yet notwithstanding if by reason of warre famine persecution or other extraordinarie cause the office of pastorall teaching did cease so that the people had none to instruct them in the waie of saluation now in this case it is lawfull for him that hath authoritie to dispence with a Monke or laie man endued with learning to the end hee might by instruction bring the people to knowledge It is vnlawfull that children borne of a Runne violentlie taken aware and married should be admitted to anie Ecclesiasticall orders Notwithstanding if the great profit or necessitie of the Church require they may by dispensation bee admitted Suppose there were a custome of long continuaunce and time out of minde in the Church of Paules contrarie to the first foundation of the Church that not onelie the Prebendaries dailie present at diuine seruice but also others absenting themselues should receiue euerie one a like some dailie pention either in money or some kinde of victuall this custome by lawe is voide because it is vnreasonable And yet notwithstanding anie iust and necessarie infirmitie of the bodie of anie Prebendarie or euident vtilitie of the same Church may bee a lawfull and sufficient inducement for the Ordinarie to dispence with the not restoring of that which was vnlawfullie taken vnder pretence of the former custome Pag. 129 If by the first foundation of the Church of Paules tweine Prebendaries were appointed to bee mainteined by the reuenues of the Church and the sayd reuenues were not sufficient for the mainteinance of these twelue the Bishoppe then in this case if the necessitie and vtilitie of the Church so require may annect certaine other Chappelles for the mainteinance of the sayde Prebendaries These examples doo sufficientlie prooue that euerie dispensation priuiledge or immunitie ought to bee grounded vppon some iust and reasonable cause and that the sayde iust and reasonable cause ought euermore to bee the vrgent necessitie and euident profit and commoditie of the Church And that the said vrgent necessitie and euident commoditie of the Church ought euermore to bee vnderstoode the well gouerning of the soules of the people If therefore neither vrgent necessitie or euident vtilitie of the Church require that anie one should haue manie Benefices yea rather if it bee most profitable and necessarie for the Chruch that one man should haue but a liuing appointed for one man and that by ioyning benefice to benefice and Church to Church the Church indeede is meruailously wounded grieued and molested and that the soules of the people are thereby not gouerned at all but lefte at randon to their owne direction hauing no guide to conduct them euerie one may euidentlie discerne dispensations in that behalfe to be altogether intollerable hauing no ground nor foundation of reason equitie or lawe but onelie graunted for the priuate gaine and iucre of some couetous and vaine glorious persons Whereas it may be answered that the statutes of the realme licensing diuerse Ecclesiasticall persons qualified either by degree of schoole or by seruice vnto nobilitie ought more to be respected in this behalfe then the reasons of the Canon law Herevnto I aunswere that for my part I heartelie desire and praie vnto God that these lawes might be respected and that the law of England might rule an English man in this case But alsse our lawes are bels without clappers they are founded but they found not they are bands but they binde not Pag. 13 For though by the statutes of the realme certaine noble mens Chaplaines others graduated in the Uniuersities be qualified and made capable of dispensations yet I denie the lawes of this Realme to approue anie manner of dispensations tollerable at all for anie kinde of these qualified men vnlesse the same be first in cases of
his forces were nothing but a volée of colubrines puffed and hissed off with serpentine powder of a spitefull toong fitter to scare children than to atchiue anie such enterprise Where vpon this neuerthelesse may be gathered that he imagineth there is cause whie it should be thought that the statutes of the realme are more loose in permitting pluralities which he so detesteth than the verie canon law it selfe He answereth this point of our statutes which establisheth dispensations with a wish and a praier That these lawes might be respected and that the law of England might rule an English man in this case Pag. 126 But whie dooth he then inforce as afore that they must receiue interpretation and addition from the common ecclesiasticall law And whie dooth he seeke to deface them as Inconstancie vngodlie contrarie to nature and permitting things vnlawfull Whereby he would steale awaie The clappers of these bels that they should not sound and would vntie their bands which should tie him and others more short vp to the obseruation and due estimation of them For if there be anie lawes that doo not Sound or bind they are such especiallie as he his clients not onlie dailie breake but doo gnaw vpon in their conuenticles and barke at in their publike speeches And here this wrangler confesseth in discourse which he denieth in the title of his treatise that some Dispensations are tollerable for qualified men in cases of necessitie of conueniencie for the honor of hir Highnesse person and being warranted by scripture Touching the first of these the statute in truth restraineth it to dispensations vnto the princes person in cases vnwoont but not contrarie to the law of God Concerning the second the words of the statute Are necessarie c vpon due examinations of the causes and qualities of the persons which after is left in some part to the Archbishops discretion The Falsificatiō third is more wressed than the former for the words are thus Not contrarie or repugnant to the holie scriptures and lawes of God In stéed whereof he saith they must be warranted by them Whereas in truth manie things be not contrarie nor repugnant to Gods word which are not positiuelie and expresselie warranted there otherwise than that nothing is to the contrarie And no lesse than the former is that vntrue and contrarie to the statute where in saieng that the Archbishop may dispense if he will in some cases not contrarie to the word he would insinuate that he needeth not at any time ercept he list And these things thus by him corrupted he dooth before he come to his breefe reasons recapitulate as falselie almost as he had done before The Minor of his first syllogisme of the three being vnture and to be denied wherein he assumeth the Hauing of manie benefices or non residencie to be repugnant to the lawes of God though he haue not named non residencie afore he telleth vs if we may beléeue him that he hath alreadie prooued By infallible conclusions of law and vndoubted truthes of the word of God Yet his lawes alledged doo not once mention repugnancie with the word and scripture Pag. 121 And out of scripture to this purpose he hath alledged none but one place out of the first to the Corinthians that ministers ought to haue maintenance But he inforceth this matter by this argument as I doo gather it Whatsoeuer cause or matter is repugnant to the word of God is by statute vndispensable The cause or matter of hauing manie benefices is repugnant to the word of God namelie ambition pride couetousnes perill of soules c Therefore the cause or matter of hauing manie benefices is by statute vndispensable First to speake to the matter hereof the Minor is vntrue bicause the sufficient maintenance of the minister and the enioieng of a preacher rather than none are the immediate impulsiue causes of permission to enioy mo benefices But if pluralitie should be an efficient cause of ambition pride couetousnes perill of soules c which it cannot be otherwise than Per accidens by indirect occasion then are these vices effects of it and not they causes thereof as here is auowched But if we should admit these crimes to be causes of hauing mo benefices then would I grant his conclusion that the Archbishop may not dispense with those enormities whereof neuerthelesse will not follow but that he might this notwithstanding dispense with hauing of mo benefices being but the effect as he supposeth To the A fallacie of equiuocatiō sorme I answer that it is Paralogisticall 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vpon the diuersitie of signification of the word Cause which in his Maior and the statute is taken for the matter it selfe to be dispensed with so it be not repugnant to Gods word but in the Minor of this argument it is taken by relation to the effect of that matter which is to be dispensed with for the verie reason of the prohibition it selfe In his second syllogisme I haue shewed afore out of the statute that the Maior is by him fained For neither is any mention made of Peace or conseruation neither is The wealth and profit of the realme spoken of there in all dispensations absolutelie but in cases vnwoont and vnto the person of the prince And yet his Minor proposition thereof is also vnsufficientlie vpholden For the enioieng of two benefices is as far off from making vp such follie and wealthie prelats as they doo seeme onelie vnto the left enuious eie of this Detractor as this assertion is from the truth that Hereby stipendarie curats and poore ministers are kept in beggerie For it may be their allowance is according to the measure of their sufficiencie and it is verie small indeed if it be not more than he himselfe thinketh them worthie of who holdeth most of such curats for no ministers at all neither in fact nor lawe But if it were granted that some such as are too meanlie prouided for might be placed in some seuerall benefices that are enioied by another dooth he thinke that the releeuing of him hereby will ease the common-wealth or profit the church as much as the abridging of sufficient maintenance will decaie both the number and abilities of our best grounded and most learned diuines who are onelie fit to impugne the errours and heresies of poperie and of other sects His second reason of proportion drawne from diuerse other mysteries and trades forbidden to be exercised by one rich and mightie man to the intent to prooue that a damage groweth to the common-wealth by one mans enioieng of two poore benefices which can be accounted indeed but one trade if it be a sound reason of iustice and equitie as it is pretended it will not onelie inferre that a seuerall gift and facultie of learning is required for euerie seuerall congregation as the cunning in seuerall trades is different but also must inforce an vnlawfulnesse in all sorts of men to