matters of civill justice are heard examined and adjudged by one man alone If for the common benefit of the Tenants against incrochments over-laying of commons wast nuisances or such like any paine is to bee offered or presentment made the same is not set or made by the Steward Sheriffe or other Officer alone but by the common voyce and consent of all the homagers and sutors to the Court The Steward indeed is the director and moderator of the Court the giver of the charge and the mouth of the whole Assembly to pronounce and enact the whole worke of their meeting but hee is not the onely inquisitor the presenter the informer or the Judge to dispose all things according to his owne discretion Besides matters of the Kings peace are not committed in any Countie or other place within the Realme onely to one Justice of the peace alone For neither at the generall Sessions of the peace nor at any other lesse publike meetings any person for any offence Breaches of the Kings peace not punishable by one alone whereof hee standeth indighted or for which hee is punishable can bee fined amerced or bodily punished at the discretion of one Justice alone but by the greatest part of the Iustices assembled his penaltie is to bee imposed upon him Furthermore this manner of the examination of the fact and declaration of the Law for the tryall of the fact and judgement of the Law doth not reside in the brest of one Iuror or Iudge alone In the Court of the Kings Bench if a Prisoner hee brought to the Barre Iustice in any of the B. Courts is not executed by one Iudge alone and confesse not the Crime by the Iustice of that Court hee can receive no judgement unlesse hee bee first indicted by inquisition of twelve grand Iurors at the least and afterward againe bee tryed by other twelve brought judically into the Court face to face Yea and in this Court neither the interpretation of the common Law nor the exposition of any statute dependeth upon the opinion credit or authority of one Iudge or not of the Kings chiefe justice himselfe alone for his other three brethren and Co-juges varying from him in point of law may lawfully over-rule the Court. The same manner of Judgement for the Law is in use and is practized by the Judges in the Court of common Pleas and by the Barons of the Exchequer in the Latin Court of the Exchequer And not In the Courts of Equitie are many assistants Court of requests only in these Courts of law and Justice but also in all the Kings Courts of equitie and conscience it is not to be seene that any one person alone hath any absolute power without assistants finally to orâ—er judge and decree any cause appertaining to the jurisdiction of those Courts In the Court of Requests there are not fewer than two yea some times three or foure with Master of Requests in commission to heare and determine matters of equitie in Court of Wards that Court. In the Court of Wards and liveries there sitteth not only the Master of the Wardes but also the Kings Attourney the Receiver and other Officers of the same Court. In the Court of Court of the Chequer Chamber the Exchequer-chamâ—er with the Lord Treasurer who is chief and president of that Councell yet with him as assistants doe sit the â—hancellour of the Exchâ—quer the Lord Chiefe Baron High courts of Chancerie and the other Barons Whatsoever dâ—cree finall is made in the Kings high Court of Chancerâ—e the same is decreed not by the Lord Chancellour alone But by the Lord Chancellour and the high Court of Chancerie wherein the Master of the Roles and the twelve Masters of the Chancerie as coadjutors doe sit and give assistance In the most honourable Court of Starre-Chamber the Lord Chancellour the Lord Treasurer and the president of the Court of Star-chamber 3 H 7 c. 1 2 H 8 c 20 Kings most honourable Councel and Keeper of the Kings privie Seale or two of them calling unto them one Bishop and one temporall Lord of the Kings most honourable Councell the two chiefe Justices of the Kings bench and Common pleas for the time being or other two of the Kings Justices in their absence have full power and authoritie to punish after their demerits all misdoers being found culpable before them If we search our statutes besides the Courts and matters determinable in these spoken of before we shall finde that the complaints of errour whether it tâ—uch the King or any other person made in the Exchequer should bee 31 E 3 c 21 done to come before the Chancellour and Treasurer who taking to them two Justices and other sage persons are duely to examine the businesse and iâ— any errour be found to correct and amend the 14 E 3 c 5 Roles c. By reason of delayes of judgements used in the Chancerie in the Kings bench common bench and in the Exchequer it was assented established and accorded that a Prelate two Earles and two Barons chosen by the Parliament by good advice of the Chancellour c. shall proceed to take a good accord and to make 10 K. 2 c. 1 a good judgement When it was complained unto the King that the profits c. of his Realme by some great Officers c were much withdrawne and eloyned c. it pleased the King c. to commit the surveying aswell of the estate of his house c. unto the honourable Fathers in God William Archbishop of Canterburie 26 H. 6 b 11 H. 7 c. 25. c 19 H. 7 c. 7. and Alexander Archbishop of Yorke c. by a statute of commission for Sowers by a statute for punishment of perjurie by a statute against making or executing of acts or ordinances by any c Masters being not examined c. by the Lord Chancellour d 27 H 3 c. 27 c 32 H. c. 45. f 27 E c. 8 Treasurer or chiefe Justices c. By a statute for the erection of the Court of d Augmentation by a statute for erection of the Court of first e fruits and tenths and lastly by an f act for redresse of erroneous judgements in the Court commonly called the Kings bench By all these Statutes I say it is very apparant that the Administration of publike affaires in the common weale hath never beene usually committed to the advisement discretion or definitive sentence of any one man alone Which point is yet more fully and more perfectly Lord president and councell in Wales Lord president and councell in the North parts Lord Deputie councell in Ireland The King his honourable privie Councell The King and his grand councell in Parliament to be understood by the establishment and continuance of the Kings Lord President and Councell of Wales of the Kings Lord President and Councell established for the North of the Kings L. Deputie and Councel within
written of the common law is reported hath beene in times passed presented and punished in leets and law-dayes in divers parts of the Realme by the name of Letherwhyte which is as the booke saith an ancient Saxon terme And the Lord of the Leet where it hath beene presented hath ever had a fine for the same offence By the statute of those that be borne beyond the seas it appeareth that the King hath cognizance 25. Ed 3. of some bastardy And now in most cases of bastardie if not in all by the statute of Eliz. the reputed father of a bastard borne is lyable to be punished at the discretion of the justices of peace Touching perjurie if a man lose his action by a false verdict in plea Perjurie if punishable temporally in some cases why not in all of land he shall have an attaint in the Kings Court to punish the perjurie and to reforme the falsitie And by divers statutes it appeareth that the Kings temporall Officers may punish perjurie committed in the Kings temporall Courts And though it be true that such perjury as hath risen upon causes reputed spirituall have beene in times past punished only by Ecclesiastical power and censures of the Church yet hereupon it followeth not that the perjurie it selfe is a meere spirituall and not a temporall crime or matter or that the same might not to be civily punished By a statute of Westminster 25. Edw. 3. it was accorded that the Vsurie King and his heires shall have the cognizance of the usurers dead and that the Ordinaries have cognizance of usurers on life to make compulsion by censures of the Church for sinne and to make restitution of the usuries taken against the lawes of holy Church And by another statute it is provided that usuries shall not turne against any being â—0 h. 3. â— 5. within age after the time of the death of his Ancestor untill his full age But the usurie with the principall debt which was before the death of his ancestor did remaine and turne against the heire And because all usurie being forbidden by the law of God is sinne and detestable it was enacted that all usurie lone and forbearing of money c. giving dayes c. shall be punished according to the forme of that Act. And that every such offender shall also bee punished and corrected according to the Ecclesiasticall lawes before that time made against usurie By all which statutes it seemeth that the cognizance and reformation of usurie by the lawes of the Realme pertaineth onely to the King unlesse the King by his Law permit the Church to correct the same by the censures of the Church as a sin committed against the holy law of God Touching heresies and schismes albeit the Bishops by their Episcopall and ordinarie spirituall power grounded upon Canon law or an evill custome have used by definitive sentence pronounced in their Consistories to condemn men for heretikes and schismatikes and heresies schismes are punishable by the kings laws afterward being condemned to deliver them to the secular power to suffer the paines of death as though the king being custos utriusque tabulae had not power by his kingly office to inquire of heresie to condemn an heretike and to put him to death unlesse he were first condemned and delivered into his hands by their spirituall power although this hath been I say the use in England yet by the statutes of Richard the second and Henry the fifth it was lawfull for the Kings Judges and Justices to enquire of heresies and Lollards in Leets Sheriffs 25. h. 5. c. 14. turnes and in Law dayes and also in Sessions of the peace Yea the King by the common law of the Realme revived by an act of Parliament which before the Statute of Henry the fourth was altered may pardon a man condemned for heresie yea and if it should come to passe that any heresies or schismes should arise in the Church of England the king by the Lawes of the Realme and by his Supreme and 1 Eliz c. 1. Soveraigne power with his parliament may correct redresse and reforme all such defaults and enormities Yea further the king and his 1 Eliz. c. 1. parliament with consent of the Clergie in their Convocation hath power to determine what is heresie and what is not heresie If then it might please the king to have it enacted by parliament that they which opiniatively and obstinately hold defend and publish any opinions which according to an Act of Parliament already made have beene or may be ordered or adjudged to bee heresies should bee heretikes If it please the King heretikes may be adjudged felons and heresies felonies and felons and their heresies to be felonies and that the same heretiks and felons for the same their heresies and felonies being arraigned convicted and adjudged by the course of the common law as other felons are should for the same their heresies and felonies suffer the paines of death there is no doubt but the King by vertue of his Soveraigne and Regall Lawes might powerfully enough reforme heresies without any such ceremoniall forme papall observance or superstitious solemnitie as by the order of the Canon Law pretended to bee still in force have beene accustomed And as these offences before mentioned bee punishable partly by temporall and partly by Ecclesiasticall authoritie so drunkennesse absence from divine service and prayer fighting quarrelling and brawling in Church and Churchyard defamatorie words and libels violent laying on oâ— hands upon a Clarke c. may not onely bee handled and punished in a court ecclesiasticall but they may also be handled and punished by the King in his temporall courts By all which it is evident that the Clergie hath had the correction of these crimes rather by a The cognizance of all crimes as well as of some crimes â—â— the law of God belong to the King custome and by sufferance of Princes than for that they be meere spirituall or that they had authoritie by the immediate law of God And if all these as well as some of these crimes by sufferance of Princes and by a custome may be handled and punished spiritually then also if it please the King may all these as well as some of these crimes without a custome be handled and punished temporally For by custome and sufferance only some of these crimes be exempted from the cognizance of the King and therefore by the immediate law of God the cognizance as well of all as of some oâ— these crimes properly appertaineth unto the King And then the judgement of those men who defend judgements of adulterie slander c. to be more temporall and by the temporall Magistrate only to be dealt in seemeth every way to be a sincere and sound judgment Howbeit they doe not hereby intend that the party offending in any of these things and by the Kings law punishable should therefore wholly bee exempted and freed
of all the Recorders in all other Cities and Boroughs of the land I doubt not but he shall finde them all to have been farre from any least shew of ambitious working the Citizens and townsmen to nominate and elect them Moreover as these noble Persons these sage grave learned and christian Gentlemen quietly and in all peacable maner with upright and good affection and judgement and without ambition have beene chosen by the Citizens Townes-men and Boroughmasters to the office 〈◊〉 â—ecorderships So likewise many and sundry honourable Counsellorâ— have beene and as occasion is Honorable Counselors chosen high stewards without ambitious working ministred are daily elected by Citizens and Townesmen to be their high Stewards Sir Francis Knolles an honourable counsellor and one whose faith was famous among the Churches as well abroad as at home by the election of the citizens of Oxford remained untill he died high Steward of the Citie of Oxford The right honourable Sir Francis Walsingham by the common counsell of Ipswich was made high Steward of the same towne after whose decease the same common counsell by their election surrogated into the same place the right honourable the L. Hunsdon late L. Chamberlain The right honourable S. Christopher Hatton L. Chancelor of England by the townsmen of Cambridge was chosen to be high steward for the town of Camb. The right Ho. the old F. of Arundel and after him the right Ho. E. of Lincoln and after his death the right honourable the L. high Admirall of England now E. of Notingham by the boâ—oughmasters of the town of Gildford was elected to be high steward of the towne of Gildford Of all which honourable persons and of all other their Peeres chosen in other places of the Kingdome by the same meanes to the like offices there is great reason and just cause for the reverend Bishops to carry a more reverend estimation towards them than to burden them as ambitious persons to have sought their places at the hands of men affected and wanting right judgement As for any other offices of credit dignitie charge and government in the common weal now remaining in the choise of the commons it may easily be proved that the common people in sundry places have bent and opposed themselves against ambitious persons who by sinister and indirect meanes have hunted for preferment at their hands And what if it cannot be gain-said but that some publike officers chosen by publike applause of the people have corruptly behaved themselves in their charges and have not so equally and indifferently distributed justice to all degrees as it became them yet this their misdemeanour can no more justly be laid as a fault nor any more disgrace or discountenance the ancient and commendable forme and manner of election than the hypocrisie or counterfeit zeale of an evill man ordained by the bishop to be a Minister can be imputed unto his letters of orders or manner of ordination Besides if none be able Knights of the shires â—â— other officers chosen by the people without trouble to the state to prove that the choise of the Knights of our Shires Coroners of the Counties Verderers of the kings forests resting in the free voices and consents of the freeholders that the nomination of the high Constables being in the disposition of the Justices of peace at their quarter sessions that the choise of our peti-Constables third Boroughs Tythingmen Churchwardens wardens for the highwayes overseers for the poore side men and such like remaining altogether in the free elections of the suitors to courts Leets and lawdayes and of the inhabitants and Parishioners of every Village Hamlet or Tything have beene troublesome to the Lievtenants of the Shires to the Stewards of our Courts to the Lords of our liberties nor to the ordinaries of the Diocesses If I say there be not any one man able to bring forth some few persons for many yeares passed by whome the Officers and Magistrates of the Queens peace have been sued unto and importuned for the pacification of any strife contention or debate of any busie head or ambitious person raised among the people about the choise of any one of these Oficers then I say it is meet and it importeth the Lords Bishops very deeply that for ever hereafter they be silent and never any more utter so Pag. 8. vile a slander against so noble a people as are the people of England viz. that upon affection and want of right judgement they will easily be led by ambitious persons to preferre unworthy persons unâ—o all Offices of gaine or dignitie Or that this Nation of England upon light causes is more enclined to broyle and trouble than any other And to speake the truth as daily experience teacheth us what No feare of trouble about the choice of an ecclesiasticall Officer seare of trouble is there likely any way to ensue by reason of dissention and ambition among the people in the choise of an ecclesiasticall Officer when most of the people shall rather shun and eschew than long or desire to beare any ecclesiasticall office The common people among whom I dwell use oftentimes many delayes yea they procure what favour and friendship they can not to be appointed to any the inferiour Offices before specified And why doe they so but becauâ—e those offices be full of bodily care and trouble And is there then any Christian knowing how the whole soule mind and spirit of a man is altogether to be imployed in the discharge of a spirituall function that will dissentiously and ambitiously seeke to be chosen an Elder The admonitor telleth us that men by experience know that many parishes upon some private respect doe send their letters of earnest pag. 79 commendation for very unfit and unable persons insinuating thereby what an inconvenience might follow if Parishes had the whole direction and order to sound out who were fit and able persons But as this fancie was never yet by any of sound judgement on our behalfe so much as once thought much lesse insisted upon so may it please the reverend Bishops to be advertised that the meanest and simpliest parishioner among a thousand can quickly retort this reason against their Lo. viz. that no parishes by letters of commendation can commend unso any bishop any person as an able and fit man unto any particular parish or speciall charge unlesse the same or some other bishop have formerly ordained him and approved him to bee a fit and able person for every place And how then were it possible if the choice of having one to be their pastor were wholly in the hands of a parish that the same parish could choose any worse men any more ignorant and unlearned men than their Lords have commended unto us For have they not chosen sent and commended such unto us as know not a bee from a batle doore as uneth know to Ministers sent unto the people which know not a be from
that it is an errour by their leave in the Church of Saxony not to have Arch. and Bb. in name if so be they hold it lawfull to have Archb. and Bishops in office For what should a necessary officer doe without a convenient name And touching the Church of Tigure it is not materiall what the same Church doth thinke not tolerable or doth more mislike but what she ought not to mislike or what it ought not to think tolerable And then what a poore proofe is there here made trow we for the confirmation of the corruptions in the Church of England by producing of two witnesses two errours in the Church of Tygure For not to like a Senate of Elders and more to mislike excommunication is more and more to slide out of the right way And sithence we have the whole Christian Kingdome of Scotland the most famous and renowned Church of Geneva and sundry Churches by his confession in other places to be lights unto us and to agree with us in a government not much unlike to that which we desire wee have not onely great cause to rejoyce in this our desires but also to be much comforted and encouraged by these examples by all holy meanes to labour the full accomplishment thereof For by this testimony and by these instances given and produced by himselfe the Admonitor hath quite and cleane weakened and disabled his owne generall position opinion and thoughts of the unnecessaries and inconvenientnesse of having the Apostolicall and Primitive government in the time of Peace under a Christian Magistrate For hath not the free Kingdome of Scotland the free Citie of Geneva and other Soveraigne and free Princes Potentates and powers not being under Tyrants and persecution received the same as being the best the fittest the convenientest and most necessary government yea even in the time of peace and under their Christian Magistracy for the state of their Countrye and disposition of their people And as touching rites and ceremonies we affirme not that every rite ceremony or circumstance to be used in the externall execution of Church governement is precisely set downe in the holy Scriptures but touching the substance of government thus we say and thus we hold viz. that the Officers and Governours appointed by our Saviour Christ to be over the Churches in every Countrey observing the generall rules of decency comelinesse and edification have liberty with the consent of their Christian King or other supreame Magistrate to choose what rites and ceremonies they in wisdome and godlinesse shall thinke most convenient And therefore we grant that the officers of Christ in the use and dispensation of their functions are no more exactly tyed by any direct commandement in the holy Scriptures to use at all times and in all places one only manner of rites and ceremonies than were the Priests of the Law to use all one manner of knives to kill their sacrifices or the siâ—gers to sing all songs after one manner of tune or upon one kind of instrument or then are Kings and Princes in all Countries commanded to use all kind of circumstances in the outward execution of civill justice in their Common-Weales As then as it was lawfull for the Priests to have knives and trumpets of diverse fashions and for the Levites to have their Musicall instruments of diverse formes Nay as sundry Justices of Peace in sundry Shires of the Kingdome are not bound to keep their quarter Sessions all in one day to begin and to breake their Sessions at one instant to stand to sit and to walke whensoever they speake to weare all one fashion hats caps cloakes or gownes and such like so likewise is it with the Bishops Pastors and Elders of the Church In the ministration of Baptisme there is no direct commandement that the vessell to hold the water for the Childes Baptisme should bee of stone of pewter of brasse or of silver whether the Minister should descend to the lower end or the child ascend to the upper end of the Church Whether the child should have a great handfull or a little sponefull of water powred upon his head In the celebration of the Lords Supper it is directly commanded that the people shall stand fit 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 just proofe to be made that any certaine number of Ministers are to lay on their hands that the day of ordination should bee alwayes one that the Minister should bee of such an age or that the prayers should be of this or that length and forme of words And therefore touching these and such like things of indifferency wee agree with the Admonitor and Reverend Bishop that one ferme of externall orders rites and ceremonies is not of necessity to bee in every Church because there is no such order witnessed by the holy Scriptures to be of necessity But touching the joynt and 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 bee appointed to execute any functions in the Church then such persons onely as for their functions have warant from the holy Scriptures wee cannot in any sort thereunto agree And why forsooth because all both offices and Officers in the Church must only and alonely bee derived from our Saviour Christ as from the only fountaine and bestower of all officers and offices in the House of God And therefore albeit wee should grant as the Admonitor hath said that the outward order used in the Primitive Church touching rites and Ceremonies by Bishops Pastors and Elders is neither necessary nor so convenient as it may be otherwise in the time of peace and under a Christian Magistrate yet we may not hereupon imply as his negative implyeth viz. that Bishops Pastors and 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 help of God we shall assay as before hath beene mentioned in an other place to lay downe out of the Word of God some just proofes according to the Admonitors request that there ought to be in all ages and states of the Church this outward order and forme of government viz. that Bishops Pastors and Elders ought evermore to be spirituall governours and that evermore they and none other ought to use that essentiall kinde of spirituall government and none other which was practised by the Bishops Pastors and Elders in the Apostolicall and Primitive Church Alwayes leaving the outward rites and ceremonies of their spirituall kinde of governement to bee indifferent as erst hath beene said FINIS Speeches used in the Parliament by Sir Francis Knoles and written to my LORD Treasurer Sir William