childes Baptisme should be of stone of pewter of brasse or of silver whether the Minister should descend to the lower ende or the childe ascend to the vpper end of the church Whether the child should haue a great handfull or a litle sponefull of water powred vpon his head In the celebration of the Lordes Supper it is directlie commaunded that the people shal stand sit or passe whether it should be celebrated every first or second Sabboth of the moneth whether in the morning at noone or at night In the ordination of Ministers there is no iust proofe to bee made that any certeyne number of Ministers are to lay on their hands that the day of ordination should be alwayes one that the Minister should bee of such an age or that the prayers should bee of this or of that lenght and forme of wordes And therefore touching these and such like thinges of indifferencie we agree with the Admonitor and reverend Bb. that one forme of externall orders rites ceremonies is not of necessitie to be in every Church because there is no such order witnessed by the holy Scriptures to bee of necessitie But touching the ioynt severall functions of Bishops Pastours and Elders that they or any of them should in any age or state of the church of Christ bee wanting or that such offices as by warrant of the Scripture are coupled together should be severed or that any other persons should be appointed to execute any functions in the Church then such persons only as for their functiōs haue warrant from the holy Scriptures wee can not in any sorte therevnto agree And why forsooth because all both offices and officers in the Church must only and alonely be derived from our Saviour Christ as from the only fountaine and bestower of all officers offices in the house of God And therefore albeit we should graunt as the Admonitor hath saide that the outward order vsed in the primitiue Church touching rites ceremonies by Bishops Pastors and Elders is neither necessarie nor so convenient as it may be otherwise in the time of peace vnder a Christian Magistrate yet we may not herevpō imply as his negatiue implieth viz. that Bishops Pastors Elders or any of them are neither necessary nor so convenient officers or governours as other officers of mans invention might be For which our opinion by the helpe of God wee shall assay as before hath bene mencioned in an other place to lay down out of the worde of God some iust proofes according to the Admonitors request that there ought to be in all ages and states of the Church this outwarde order forme of goverment viz. that Bishoppes Pastours and Elders ought evermore to bee spirituall governours and that evermore they and none other ought to vse that essentiall kind of spirituall goverment and none other which was practised by the Bishoppes Pastours and Elders in the Apostolicall and primitiue Church Allwayes leaving the outward rites and ceremonies of their spirituall kind of goverment to be indifferent as erst hath bene said FINIS Speaches vsed in the Parleament by Sir Francis Knolles and after written to my L. Treasurer Sir William Cecill TO the end I may enform your Lord shippe of my dealing in this Parleament-time against the vndue claimed superioritie of the Bishoppes ouer their inferior brethren Thus it was Because I was in the Parleament time in the 25. yere of King HENRY the eight In which time First all the Clergie aswell Bishops as others made an hūblie submission to King HENRIE the 8. acknowledging his Supremacie and detesting the vsurpation of the Bb. of Romes authoritie Vpō which submission of the Clergie the King gaue vnto the said Bb. the same ample rule that before they had vnder the Pope ouer their inferior brethrē saving that the same rule was abridged by statute by this parenthesis following that is to say without offending the prerogatiue Royal of the Crown of England the lawes customes of the Realm In the latter end of the Statute it was added that whosoeuer offendeth in any one parte of that statute their Aydors Counsellers and Abbetters they did all fall into the penaltie of the premunire And after I had recited this statute in the parleament-Parleamēt-house I declared that in King HENRIES the eight days after this There was no Bishoppe that did practise superioritie ouer their inferiour brethren And in King EDWARDES dayes the said Bb. obteyned a statute wherby they were authorised to keepe their Courts in the Kings name the which statute was repealed in Queene Maries dayes and was not revived in her Majesties time that now is wherevppon it was doubtfull to mee by what authoritie the Bishoppes doe keepe their Courts nowe in their own names because it is against the prerogatiue Royall of the Crowne of England that any should keepe a Court without sufficient warrant from the Crowne Wherevpon I was answered that the Bishopps do keepe their Courts now by prescriptions it is true that the Bb. may prescribe that King HENRY the 8. gaue them authoritie by the statute of 25. of his raigne to haue authoritie and rule ouer their inferiour brethren as ample as they had in the Popes time But this was no speciall warrant for them to keep their Courts by and that in their owne names And yet they haue none other warrāt to keep their Courts as they do now in their owne names to my knowledge And this was the cause that made them obtaine a statute in King EDWARDS dayes to keepe their Courts by in the Kings name Now it is a strange allegation that the Bishopps should claime authoritie at this present to keepe their Courtes in their owne names as they do by prescription because the statute of 25. doth restraine thē generallie from offending of the prerogatiue Royall of the Crowne of Englande and the lawes and customes of the Realm And no man may iustly keepe a Court without a speciall warrant from the Crowne of England as is aforesaid And the generall libertie given by King H. the 8. to the Bishops to rule and governe as they did in the Popes time is no sufficient warrant to the Bishops to keepe their owne Courtes in their owne names by prescriptiō as I take it And therefore the Bishops had done wisely if they had sought a warrant by statute to keepe their Courts in the Queenes name as the Bb. did in Kinge EDWARDS dayes In which time Archbishop Crammer did cause Peter Martir and Bucer to come over into this Realme to bee placed in the two Vniversities for the better instructiō of the Vniversities in the worde of God And Bb. Crammer did humblie prefer these learned men without any challenge to him selfe of any superiour rule in this behalfe over his inferiour brethren And the time hath bin that no man could carry away any graūt frō the Crown of England by general words but that he must haue speciall wordes to carrie the same by Therfore how the Bb. are warrāted to carry away the keeping of their Courts in their own names by prescriptiō it passeth my vnderstāding Moreover where as your Lordship said vnto me that the Bishopps haue forsaken their claime of superioritie over their inferiour brethrē latelie to bee by Gods ordinance and that now they doe only claime superioritie from her Majesties supreme goverment If this be true then is it requisite necessarie that my L. of Canterburie that now is do recant and retract his saying in his booke of the great volume against Cartwright where he saith in plaine wordes by the name of Doctour Whitgift that the superioritie of Bb. is Gods owne institution Which saying doth impugne her Majesties supreme govermēt directlie therfore it is to be retracted plainly and truly For Christ plainly truly cōfesseth Ioh. 18. 36. That his Kingdom was not of this world And therfore he gaue no worldly rule or proheminence to his Apostles but the heavenly rule which was to preach the Gospel saying Ite predicate in omnem mundū quicūque crediderit baptizatus fuerit salvus erit qui non crediderit condemnabitur Goe preach in all the world who soever shall beleeue be Baptized shal be saved but he that will not beleeue shal be condemned Mark 16. 15. But the Bishops do cry out saying that Cartwright his fellows would haue no goverment c. So belike the Bb. care for no govermēt but for wordly forcible goverment over their brethren the which Christ never gaue to his Disciples nor Apostles but made them subiect to the rule of Princes who ought not to be resisted saving that they might aunswer vnto Princes that they must rather obey God then men Acts. 5. 29. and yet in no wise to resist the Prince but to take vp the crosse and follow Christ FINIS
they being all fast knit and bound togither vnto the Kings authoritie by a coard of 24 threads might easilie be broken but being severed and pluct a sunder into 24. Bishops can make no lawe without leaue And yet everie Bb doeth make many lawes 24 partes one from the other the King with all his regall power might not beâ— able so much as to breake one of the least threedes wherewithall one of their cordes was twisted If the Lorde Maior the Sheriffes Aldermen and whole communaltie of the Citie of London should promise vnto the King vpoÌ„ their fidelities not to set anie price vpoÌ„ Wines or other victualles by their common Councell within the said Citie vnlesse the King vnder his privie signett should first authorize theÌ„ so to doe were it not a meere collusion of the Kings meaning if everie particular AldermaÌ„ should sett prices of such things in every particular Ward But against the collection made from the Statutes 1. 8. Eliza the iudgement of the diuinies aforesaid the A collection made against the former reason by an Apologie for sundry proced by iurisdi Eccl. pag. 5. author of an Apologie to his vnderstanding reckoneth the same collection to be a very simple collection against the same hee answereth and reasoneth in effect thus If as is collected all power spirituall by a commission vnder the great Seale must be derived from the Queene to warrant the execution of it vnto him that is to exercise it then must the like warrant bee procured for euery temporall office to execute his temporall office But euery temporall officer must not procure like warrant to execute his temporall office Therefore a commission vnder the great Seale must not be procured to warrant the execution of the said spirituall power The consequence of his maior proposition being false he laboureth notwithstanding to make the same good and in effect for the same argueth thus All temporall authoritie as absolutly and as really is revested in the person of the Queene as is the said spirituall authoritie Therfore as all spirituall officers for the execution of the said spirituall power must haue their authoritie derived vnto theÌ„ from the person of the Queen vnder the great Seale so likewise must all temporall officers for the execution of their temporal offices haue the like commission The consequence of which enthimeme followeth not though the antecedent be true For although as well all teÌ„porall as all the said spiritual authoritie improperlie so called was reallie absolutelie in the person of the Queene yet herevpon it followeth not that by one and the selfe same meanes alone and namelie by a coÌ„mission vnder the great Seale all temporall and the said spirituall power in euerie part and braunch thereof should be drawen alike froÌ„ the Queenes person For there be divers and sundrie meanes to derive temporall authoritie whereas there seemeth to be but one onely meanes to derive the said spirituall authoritie and then marke the substance of the Authors argument Some temporall Officers as Stewards of Leetes Constables sundry other Officers must not drawe their temporall authoritie from the Queene by a commission vnder the great Seale Therefore no spirituall officers as Archbishops Bb Archdeacons and sâ—de vacante Deanes and Chapiters must drawe any of their spirituall authoritie from the Queene by a commission c. Which argument drawen from a particular affirmatiue vnto a general negatiue what weaknes it hath euery yong Logician can discerne And as for Stewardes af Leetes though they haue no Though all temporal officers drawe not their power from the Kinge by the great Seale yet by one meanes or other wtdrawe it froÌ„ the King commission vnder the great Seale yet for the executioÌ„ fo their Stewarships they haue a coÌ„mission vnder the Seale of the Exchequer Constables Decennary or Tythingmen and Thirdboroughes haue their authorities derived vnto the from the Kings person by the verie originall institution of their offices Sherifs of Countries Coroners Escheators and Verderors haue their offices and their â—uthorities warranted vnto them by the Kings writts out of the Chancerie But 〈◊〉 was not the mind of the Law-makers saith the Author that the Ordinaries by a commission vnder the great Seale should draw their saide spirituall power from the Queene What the mindes of the Law-makers were touching this poinct it mattereth litle or nothing at all Neither is it to purpose whether a commission vnder the great Seale bee necessarily required or not required by vertue of that statut 1. Eliz. c. 1. to warrant the said spirituall power vnto Ordinaries Only it sufficeth that the Queen having all power improperly called spirituall invested in her Royall person being really actually seysed of all the said supreme spirituall authoritie could not haue any parte of the same spirituall power drawn from her but by some one lawfull and ordinarie meanes or other For if this rule be true in euerie coÌ„mon person quod meum est sine mea voluntate à me auferri non potest how much more doth the same rule holde in the Royall prerogatiues rightes privileges dignities and supremities of a King Wherefore to saie that all supreme and ordinarie power improperly called spirituall was really and actually inherers in the Royall person of the Queene and to say also that some of the same inferior and ordinarie power not derived froÌ„ the Queen was neuerthelesse in the persons of inferior ordinaries is as much to say that some braunches of a tree may receyue nourishment from ells-where then from the roote that some meÌ„bers of the bodie are not guided by the head and that some streames flow nor from their fountaines And now to coÌ„clude this part against the canon law their Offices and functions thereof I dispute thus The forreigne and papall canon lawe with all the accessories dependances Offices and functions thereof is vtterlie abolited out of the Realme Therefore the same lawe is no part of the lawes of the Realme and therefore also it is evident that there will not followe any alteration of the lawes of the Realme by the taking of it away Which canon law also with other lawes functions how easely the same without any inconveniences may bee supplied shall God willing be presentlie made apparant if first we shall aunswere to that challenge which the state of Prelacie may seeme to make for the continuance of their Lordly primacie Chalenge for Lordly primacy out of the great Charter anâ—vered out of the wordes of the great Charter Concerning which challenge namelie that by the great Charter Lordly Archiepiscopal and Episcopall primacie or iurisdiction belonging to the state of Prelacie is belonging vnto them I demand vnto what Church this great Charter was graunted And whether it were not graunted vnto the Church of God in England The words of the Charter are these Concessimus Deo hac presenti Charta nostra confirmavimus pro nobis Mag. Charta c. 1.
the Kings prerogative Royall be duely advanced Which things if it might please them rightly to consider then let them humblie and seriouslie beseech our Sovereine Lord the King and States in Parleament to giue their consentes to such a law as the proiect ensuing may warrant thē the same not to be dangerous to the overthrowe of their civill studies The Proiect of an Act for the explanation and amplifying of one branch of a statute made in the first yeere of the raigne of Queene Elizabeth entituled An Act restoringe to the Crowne the ancient iurisdiction over the state Ecclesiasticall and also for the declaring and reviving of a statute made in the first yere of King Edward the sixt entituled An Act what seales and stiles Bishops and other spiritual persons exercising iurisdiction ecclesiasticall shall vse FOr asmuch as by one braunch of an Act made in the first yeere of our late Soveraigne Ladie of blessed memorie Queene Elizabeth entituled an Act restoring to the Crowne the auncient iurisdiction over the state Ecclesiastical Spirituall and abolishing all forraigne power repugnant to the same it was established and enacted That such iurisdictions priviledges superiorities and preheminences spiritual and ecclesiasticall as by anie spirituall or ecclesiasticall power or authoritie hath heeretofore bin or may lawfully be exercised or vsed for the visitation of the Ecclesiasticall state and persons and for reformation order correction of the same and of all maner errors heresies schismes abuses offences contempts and enormities should for euer by authoritie of that present Parleament be vnited and annexed to the Imperiall Crowne of this Realme by meanes whereof it may now be made a questiō whether any Archbishops or other Ecclesiasticall persons having since that time vsed or exercised any such spirituall or ecclesiasticall iurisdiction in their owne right or names might lawfully haue done or hereafter may lawfully doe the same without speciall warrant and authoritie derived immediatly frō your Highnes by and vnder your H. letters patents And whereas also by a statute made in the first yeare of Kinge Edward the sixt entituled an act what seales and stile Bishops or other spirituall persons shall vse it was ordained that all and singular Archbishops and Bishops others exercising ecclesiastical iurisdictiō should in their processe vse the Kings name and stile and not their owne and also that their Seales should bee graved with the Kings armes And forasmuch also as it must bee highly derogatorie to the Imperiall Crowne of this your Highnesse Realme that any cause whatsoever ecclesiasticall or temporall within these your H. Dominions should be heard or adiudged without warrant or commission from your Highnes your heyres successors or not in the name stile and dignitie of your Highnes your heyres and successors or that anie seales should be annexed to anie promesse but onelie your Kinglie seale and armes May it therefore please the King at the humble supplication of his Commons to haue it enacted That the aforesaid branch of the aforesaid Act made in the first yeere of Queene Elizabeth her raigne everie part thereof may still remayne for ever be in force And to the end the true intent and meaning of the said statute made in the first yeere of King Edward the sixt may be declared and revived that likewise by the authoritie aforesaid it may be ordayned and enacted that all and singular Ecclesiastical Courts and Consistories belonging to any Archb. Bb. Suffraganes Colege Deane and Chapiter Prebendarie or to any Ecclesiasticall person or persons whatsoever and which haue heretofore bin commonly called reputed taken or knowne to bee Courts or Consistories for causes of instance or wherein any suite complaint or action betwene partie and partie for any matter or cause wherin iudgment of law civil or canon hath bin or is required shall and may for ever hereafter be reputed taken and adiudged to be Courts and iudgmentseats meerely civill secular and temporall and not hence foorth Ecclesiasticall or spirituall and as of right belonging and apperteyning to the Royall Crowne and dignitie of our Soveraigne Lorde Kinge Iames that nowe is his heyres and successors for ever And that all causes of instance and controversies betwene partie partie at this day determinable in any of the said Courts heretofore taken and reputed ecclesiasticall shall for ever hereafter bee taken reputed and adiudged to be causes meerely civill secular and temporall as in trueth they ought to be and of right are belonging and appertayning to the iurisdiction of the Imperiall Crowne of this Realme And further that your H. liege people may be the better kept in awe by some authorised to be your H. Officers Ministers to execute iustice in your Highnes name and vnder your H. stile and title of King of England Scotlād Frāce and Ireland defendor of the faith c. in the said Courtes and Constories and in the said causes and controversies Bee it therefore enacted by the authoritie aforesaid That all the right title and interest of in and to the said Courts and Consistories and in and to the causes controversies aforesaide by any power iurisdiction or authoritie heretofore reputed Ecclesiasticall but by this Act adiudged civill secular and temporall shall for ever hereafter actually and reallie be invested and appropried in and to the Royall person of our Soveraigne Lord the King that now is his heyres successors Kinges and Queenes of this Realme And that it shall and may bee lawfull to and for our saide Soveraigne Lord and King his heyres and successors in all and everie Shire and Shires Diocesse and Diocesses within his H. Dominions and Countries by his and their letters patents vnder the great Seale of England from tyme to tyme and at all tymes to nominat and appoint one or moe able and sufficient Doctor or Doctors learned in the civill law to be his and their civil secular and temporal Officer and Officers Minister and Ministers of Iustice in the same civill secular and temporall Courts Consistories which in and ouer his and their royall name stile and dignitie shall as Iudge and Iudges doe perform execute all and every such act and acts thing and things whatsoeuer in and about the execution of iustice and equitie in those Courts according to the course and order of the civill lawe or the Ecclesiasticall canons and constitutions of the Realme as heretofore hath bin vsed and accustomed to bee done by for or in the name of any Archbb. Bb College Cathedral Church Deane Archdeacon Prebendary or any other Ecclesiasticall person or persons whatsoeuer And that all and every such civill secular and temporall Officer and Officers Minister and Ministers Iudge Iudges in his and their processe shall vse one manner of Seale only and none other hauing graued decently therein your Kingly armes with certaine characters for the knowledge of the Diocesse or Shire And further bee it enacted c That it shall and may be lawfull by
did neuer yet stande by the authoritie of the three Estates I will take his meaning to be that the statute lawes of England to this day haue stood by authority of the three Estates which to alter nowe by leaving out the one c. and then therevnto I aunswere that not any one of the three The bringing in of the discipline by pastours and elders is not the leauing out of Parleament any one of of the three Estates Estates should be left out or barred frō having authoritie in making and promulging statute lawes though the goverment of the Church by Pastors and Elders were brought in For we which so much cry as he saith for this maner of gouerment to be planted are so farr from exempting or excluding any one of the three Estates from their auncient power priviledge and preheminence in the making of statute lawes as that we pronounce him to bee guilty of high treason to the King and to the Realme that avoweth the contrary And we affirme directly and confesse plainly that it belongeth onely wholy and altogether to the three Estates as well to roote out and to pull vp whatsoever goverment is not iustifiable by the holy law of God as also to plant to setle whatsoever discipline is warrantable by the same law And to speake as the thing is how were it possible to haue the discipline by Pastors Elders planted by authoritie of the three Estates if one of the three Estates should be left out Or can it be imagined that any one of the three Estates would euer consent to the bringing in of such a governement of the Church as whereby the same goverment being once brought in the same estate should ever afterwards cease to be any more an estate Besides we acknowledge that all powers are of God therfore euery one of the three Estates being a power wee graunt that the same hath his stateship by the authoritie of God And if all the three Estates be lawfull by the holie law of God how can it be verified against vs that we which vrge the same holy law for the bringing in of the discipline by Pastors and Elders should notwithstanding contrary to the same law intend the leaving out or altering of any one of the three Estates But which of the three Estates was it that he ment should be left out I trow there The state of the Prelacie is not one of the three estates in Parleament is none of the state of Prelacie so ill advised as to take vpon him the proofe of this position viz. That the Lords spirituall by them selves alone doe make one of the three Estates or that the statutes of England to this day haue stood by their authorities as by the authoritie of those who alone by themselves are to be accompted one of the three Estates For if that were so how much more thē might the great Peres Nobles and temporall Lords chalenge to make by them selves an other estate And without contradiction to this day the Commons summoned by the Kings writ haue ever bene reckoned a third Estate Now then if statutes haue hitherto stood by authoritie of the Lords spiritual as of the first Estate by authoritie of the Lordes temporall as of the second Estate by authoritie of the Commons as of the third Estate I would gladly be resolved what accoumpt the Admonitor made of the Kings Estate It had not bene liegnes nor loyaltie I am sure howsoever hee spake much of the Lords spirituals duty and fidelitie in the execution of our late Queenes lawes to haue set her Royall person authoritie and State behind the lobby at the Parliament doore Either the Kinges Royall person then as not comprised within the compasse and circumscription of the three Estates by his meaninge which had bene but a very bad meaning must be thought to haue bene hitherto secluded from authorizing the statute lawes made in Parliament Or it is a most cleare case that the Lords spiritual them selves alone do not make any one of the three Estates And what matter then of more weight may it happelie seeme to be to alter the authoritie of the Lords spirituall and to leaue them out of the Parliament when as notwithstanding they being left out the statutes of England may remaine continue by authoritie of the three Estates And it were not amisse for the Lords spirituall to consider that the bodie and state of the weale publike both now is and euer hath bene a perfect entire and complete body and State without the body and state of Prelacie And that the King the Nobles Commons of the Realme without Prelates Bishops or Clerckes do make vp all the members and parts of this body and of this state and may therefore ordaine promulge and execute all maner of lawes without any consent approbation or authoritie yeelded vnto the same Anno 36 H 8. fo 58. b. Anno 〈◊〉 j. fo 93. 2 by the Bishops spirituall or any of the Clergie And thus much our Divines Histories Lawes do iustifie Sir Iames Dier Lord chiefe Iustice of the cōmon pleas in his reportes telleth vs that the state and body of a Parliament in England consisteth first of the Kinge as of the head and chief part of the body secondlie of the Lordes as principall members and lastlie of the Commons as inferiour members of that bodie By a Statute of provisoes it appeareth 25. Ed. 3. holy church founded in the state of Prelacie by the King That the holy Church of England was founded into the state of Prelacie within the realme of England by the grandfather of King Edward the third and his progenitours and the Earles Barons and other Nobles of the Realme and their Auncestors for them to enforme the people of the law of God These vses are changed to the keeping of great horses great troupes of idlers with long hayre and great chaines of golde to make Hospitalities and almes and other workes of Charitie in the places where the churches were foūded From whence it followeth First that the Archbishoppes Bishoppes onelie alone doe not make of themselues any state of Prelacie but that the whole holy church of England was founded into a state of Prelacie Secondlie it is playne that the 6. Eliz. c. ◠Kings of England before they and the Earles Barons and other Nobles and great men had founded the holy church of Englande into a State of Prelacie ought and were bounden by the accord The Kinge boūd to doe lawes made without assent of Prelates to bee kept as laws of the realm of their people in their Parleaments to reforme and correct whatsoeuer was offensive to the lawes and rightes of the Crowne and to make remedy and lawe in avoyding the mischieves damages oppression and greevances of their people yea and that the Kings were bound by their oathes to doe the same lawes so made to be kept as lawes of the
holy Gospell harboured onely by the Queene the Lords temporall and commons what more playne euidence or better proofe can there be that the Lords spiritual by any necessitie be neither principalls nor accessaries neither branches nor buddes neither hanginges nor sealings nor anie furniture for the house of Parleament And of this opinioÌ„ are the soundest Historians and sincerest Divines of our age In the fifteenth yeere of King Edward Act. Mo. fol. 320. the third saieth Maister Fox divers petitions being put vppe in Parleament against provisions comming from Rome the Kinges answere and agreement was made in forme following viz It is agreed by the Kinge Earles Barons Iustices other wise men of the Realme That the petitions aforesaid be made in sufficient forme of law Where it is to be noted saith he that at the graunt hereof the consent of the Bishoppes is neither named nor expressed with the Lords of Parleament and yet the Parleament standeth in his full force notwithstanding At an other Parleament saith he William Wicham Bishoppe of Winchester Act. Mo. 525. for a slaunderous report savouring of a contumelious lye and proceeding of a subtile zeale meaning falsehoode was so by the Duke of Lancaster pursued that by act of Parleament hee was condemned and depriued of all his temporall goods And this seemeth to haue bin done saith Maister Fox without assent and against the willes of the Lords spirituall for afterwarde at an other Parleament great sute was made by the Cleargie for deliverance of the said Bishoppe and being asked a subsidie in the Kings behalfe with great lamentation they complayned for lacke of their fellow and brother of Winchester and denied to ioyne them selves in anie tractation of anie such matter And in another ParleameÌ„t holden at Yorke in the sixt yeere of King Edward the third all Act. Mo. 519. such lawes as then passed and were coÌ„cluded by the King Barons and Commons were good notwithstandinge the absence or malice of the Lordes spirituall For it is recorded saith he that onlie the Archb. of Yorke the Bishoppe of Lincolne and the Abbottes of Yorke Silby were there present In a booke intituled the burninge of Paules church in London 1561. and in the fift question moved by a papist it is said that this maner of ministration of Sacramentes set foorth in the booke of coÌ„moÌ„ prayers was neuer allowed nor agreed vpon c. no not by the Clergie of Englande at the last Parleament but onlie it was agreed vpon by the Laitie which had nothing a doe with spirituall matters or causes of religion Wherevnto the Reverend Father Maister Pilkington M. PilkingtoÌ„ Bishop of Duresme Bishop of Duresme aunswering was there not saith he a disputation for Religion appointed by the Queenes Maiestie wherein your Clergie was affraid to vtter their foolishnes in defending their superstition least they had taken more shame in answering theÌ„ they did in holding their peace I thinke the Vniversities with so manie places of the Realm receiving religion these other disputing for it may be counted to bee some part of the Clergie of the Realme And so it was not receyued without consent of the Clergie But these were not of the Parleament What then But as Ioash Iosaphat Ezekias and Iosias did not make a new religion but restored that which was defaced had long lien buried so our Parleament did not set forth a new religion but restore that which was godlie begane vnder the good King Edward confirmed by the Parleament and Clergie then c. But nothing can be concluded as a lawe by Parleament say they without consent of the Clergie there present But this havinge not their consent can not be counted a law as they thinke I had rather saith Maister Pilkington leaue this to bee aunswered by the Lawiers then otherwise Yet that the world may see that some thing may be saide in it we graunt him not this to be true that no law at all can be made without consent of Bishoppes Looke your old statutes of Parleament when Bb. were highest afore Edward the third and yee shall reade that they passed by the consent of the Lords temporall and commons without any mencion of the Lords spirituall which statutes many of them stand in strenght at this day Then it may well be gathered that the consent of the Clergy was not alwayes so necessarie as they thinke it The Lawyers Iudges and Iusticeâ—s put in practise execute these lawes therfore their doinges may bee a sufficient reason to lead the vnlearned what opinion they haue of these statutes For Religion except Iustice Raftall first executing that and afterward runing away may condemne the rest which I trust he may not I thinke they would not execute them except they had the strength and nature of lawes If they doe contrarie to their knowledge and opinion they can not bee able to answere their doings but I thinke no wise men are of this opinion Only these corner creepers that dare not shew their face and would deceyue the people goe about to deface all good godly order that displeases them In the dayes of King Edward they had the like fonde opinion that the Kinge could not make lawes in his minoritie vntill he came vnto full age and to make the people to disobey their Prince Hetherto Maister Pilkington Lorde Bishop of Duresme with whom the most worthy learned Maister Iewell late Bishop of Salisburie M. Iewel B. of Salisbury agreeth in every point The wise and learned saith he could haue told you that in the Parleaments of England matters haue evermore vsed to passe not of necessitie by the speciall consent of the Archbishops Bishops as if without them no statute might lawfully be enacted but onely by the more part of voyces yea although the Archb. Bishops were neuer so earnestly bent against it And statutes so passing in Parleaments onely by the voyces of the Lords temporall without the consent and agreement of the Lordes spirituall haue nevertheles bin alwayes coÌ„firmed and ratified by the Royall assent of the Prince and haue bene enacted and published vnder the names of the Lordes spirituall and temporall Read saith he the statutes of K Edward the first there shall ye find that in a ParliameÌ„t holden at St Edmondsbury the Archbishops Bishops were quite shut foorth and yet the Parleament held on and good and profitable lawes were there enacted the departing or absence or malice of the Bishops spirituall notwithstanding In the recordes thereof it is written thus Habito Rex cum suis Baronibus Parliamento Clero excluso statutum est The King keeping a Parleament with his Barons the Clergie that is to say the Archbishops and Bishops beeing shut foorth it was enacted c. In provisione de matrona in the time of King Edward the third whereas matter was moved of bastardy touching the legitimation of bastards borne before mariage the statute passed wholy with
subversion vpō any nation that purely and soundly in place therof hath embraced the holy Sacrament of the Lords Supper It seemeth also to be equal for many ages past that the Bishop of Rome might haue supreame and absolute power over all persons states and causes not only in Rome Italy Spaigne Germany other forraigne Kingdoms but also in England and Scotland But as yet to the view of al the world it hath not proved perilous for the King Queen of England and Scotland to establish new lawes for the alteration of that ancient abuse And why hath it not bene dangerous so to do Why forsooth because there was evident vtilitie in doing of it But how could an evident vtilitie appeare before it was done How Forsooth because the holy law of God had warranted an alteration For faith having eyes to see the wisedom the power and the trueth of God in his word discerned a far of that the institution of the Lords Supper was long before the sacrifice of the masse And therefore our Kings by abandoning popery out of the Realme did not institute any new religion but onely they restored the old Now then if the same holy lawe of God doe condemne the choyce and thrusting of a Pastour vpon the people by one man alone and againe if the same lawe doe impugne the primacie of one Pastour over all Pastours as wel in a Diocesse or Province as in the whole West part of Christendome what daunger can it be not to disfrāchise the one sithence without any maner of danger we haue abolished the other or what perill can it be not to countenance the sonnes sithence without peril we haue discountenanced the father Especially seeing in this place of the admonition we haue a playne cōfession that the common maner of election of Pastors Elders and Deacons in the old Churches was made by the people For if the examples of schisme discord Common manner of elections in the olde churches was by the people contention did commonly appeare in the olde churches while that maner of election did continue then by his owne mouth that maner of election was common and did continue in the olde churches Besides this inconvenience saith he caused Princes Bishops so much to entermedle in this matter From whence it necessarily againe followeth that by the holy Scriptures and law of God Princes and Bishops did not entermedle with that matter at all For had it bin simply lawful for thē to haue Bb. medle not with election of Pastours by the holie Scriptures dealt in those causes by the worde of God thē as well before schisme discord and dissention as afterward yea rather much more before then afterward For then by their own right might Princes and Bishops haue prevented all occasion of schisme and contention and haue so preserved the Church that no tumult or disorder should once haue bin raysed or begun therein Againe if by the lawe of God Princes Bishops had medled in these matters and had not entermedled by humane devise then lawfully by their authoritie alone might they haue chosen Pastours Elders and Deacons in the olde Churches which thing in this place by necessarie inference he denieth For schisme saith he caused thē to entermedle So as by his confession they were but entermedlers and entercommoners by reason of schisme not cōmoners and medlers by vertue of Gods word And yet now a dayes our reverend Bishops in this case are no more entercommoners with Princes and with the people they are no more entermedlers as in olde times they were but they haue now so farre encroched vpon the prerogatiues of the Prince and privileges of the people that neither Prince Bishops encroch vpon the right of prince and people nor people haue any commons in the election of Pastours Elders Deacons with them at all Besides if schisme and contention among the people were the reason why Bishops first entermedled in the choise of Pastours we now having no schisme nor contention about the choise of Pastours by the people and so the cause ceasing why should not the effect likewise cease But this effect is therefore still to be continued because otherwise the cause would a new sprout out and spring vp againe Nay rather inasmuch as for these many yeares we haue had schisme discord dissention because the Bishops wholy and altogether haue medled in the choise of Pastours and haue thrust vpon the people whatsoever Pastours please not the people but pleased themselves haue not suffered the people to medle no not so much as once to entermedle in these matters in as much I say as these things be so it seemeth most expediēt requisite necessarie for the appeasing pacifying of this discord the taking away of this schisme to haue that maner of election which was in the old Churches restored to the people and this wherein the Bishops haue entermedled without authoritie from the worde to be abolished that so againe the cause of schisme and strife which is now among vs ceasing the effect might likewise cease After I had ended this tract in this maner touching this poynt there came into mine handes a booke intituled The perpetuall gouernment of Christes church written by Thomas Bilson Warden of Winchester Colledge in the fifteenth chapter of which booke is handled this question viz to whom the election of Bishoppes and Presbiters doth rightlie belong and whether by Gods lawe the people must elect their Pastours or no. In whiche Chapter also the matter of schisme strife and contention is handled The finall scope and conclusion whereof is as the proposition importeth two fold First cōcerning Bishops then concerning Pastours The quarell taken against Bishoppes doth not so much touch sayth he the office and functions of Bishoppes as it doth the Princes prerogatiue When you rather thinke the Prince may not name her Bishoppes without the consent and election of the people you impugne nor vs but directlie call the Princes fact and her lawes in question As touching this poynt of the proposition because the people by any lawe or custome never chalenged anie right or interest in the choyse of the Kings Bishoppes we haue nothing to medle or to make about the choyse of any of his Kinglie Bishoppes The Kinge only hath power without the people to nominate his Kingly Bb. Nay we confesse as his Highnes progenitours Kings of England haue bin the Soveraigne Donours Founders Lords and Avowes of all the Bishoprickes in England without ayd of the people that so likewise it is a right and interest invested into his Imperiall Crowne that he onely his heyres successours without cōsent of the people ought to haue the free nomination appointment collation investiture and confirmation of all Bishoppes frō time to time to be placed in anie of those Bishoprickes yea we say further that the King alone hath not power onely to nominate collate confirme but also to
translate yea and if it please him to depose all his Kingly Bishoppes without anie cōsent of his people at all For say we eius est destruere cuius est construere eius est tollere cuius est condere Neither will we dislike but rather content our selues that our late Queenes Bishoppes if they shall finde fauour in the Kings eyes should be also the Kings Bishoppes condicionallie they submit them selues to the lawes prerogatiues of the Kings Crowne content themselues with the only name of Kinglie and Princelie Bishoppes not challenge anie more the titles of Godly and Christian Bishoppes as though without iniurie to the law of God and Gospell of our Savior Christ they could not be dispossessed of their Lordlie Bishoprickes And therefore our most humble prayer to the King is that his Maiestie would be pleased that such his Kingly Bishops may not henceforth overcrow and iustle our Gods Bishoppes nor haue any primacie over Gods Bishoppes And withall that the King him self would vouchsafe to hearken to the doctrine of such as are in deed Gods Bishoppes rather thē to the Counsel of those who lately were the Queenes Bishoppes As touching the second part viz. whether Mai. Bilson confirmeth the peoples election of their Pastour Pag. 339. the people by Gods lawe must elect their Pastours or no Maister Bilson by reasons and profes brought for the first vse of it rather confirmeth then impugneth the same For saith he Well may the peoples interest stande vppon the groūds of reason and nature and be deriued from the rules of Christian equitie and societie That each Church and people stand free by Gods law to admit mainteyne or obey no man as their Pastour without their likinge vnlesse by law custome or consent they haue restreyned them selues That the people 360. had as much right to choose their Pastour as the Clergie that had more skill to iudge That the Apostles left elections indifferenthe to the people Clergie at Ierusalem That the Apostles in the Actes when they willed the Church at Ierusalem to chose the seuen did not make anie remembrance or distinction of the seuentie Disciples from the rest And lastlie against the cursing fighsting of the late Bishoppes of Rome till 359. excluding both Prince and people from yeelding his consent or making their request they had reduced the election wholie to the Clergie he telleth them by their leaue it was not so from the beginning From all which sayinges of Maister 339. Bilson I conclude thus Whatsoeuer is right lawfull and free by the lawe of God whatsoeuer standeth vpon the groundes of reason and nature whatsoeuer is deriued frō Christian equity and society whatsoeuer is from the beginning and was left by the Apostles to the Church at Ierusalem the same ought still to remayne and must bee kept inviolable in the Church But the peoples interest to choose their Pastore is right is lawfull is free by the lawe of God standeth vppon the grounds of reason and nature is aeriued from Christian equity society is from the beginning and was left by the Apostles to the church at Ierusalem Therefore the peoples interest to choose their Pastoure ought still to remayne and must bee kept inuiolable in the Church The whole proposition and euery part thereof together with the assumpt and euery part thereof is drawen from Mr Bilsons owne confession Onely to the proposition hee hath annexed certeyne condicions or exceptions viz. Vnlesse by law custome or consent the people haue restreyned themselues or transferred or altered their right or els by their default or abuse the canons counsels superior powers princely or publicke lawes haue abridged altered or abrogated the same Now then it remayneth to know whether any consent default abuse custome canons counsels superiour powers publike or Princely Edicts may bee a good and sure warrant to abridge transferr or abrogate the peoples interest from hauing to doe in the choyse of their Pastours Our Sauiour Christ whē he came in the flesh he came to reforme the abuse crept in of the Law and to improue the corruptions of doctrine taught by the Scribes Pharisies and Doctors of the lawe but hee tooke not away any least title of the law ne abolished any iote of true sound doctrine in the Church The Gospell teacheth vs to order our iudgements aright to bridle the vnrulines of our affections to moderate our inordinate appetites But yet doth not the same commaund vs to empty our soules of all iudgement to bury our affections in our bellies and to become as dead as stones without all sense or appetite In like sort wee graunt that custome consent Canons Coūcills Superiour powers publick princely Laws Canons and coūsells c. may bridle disordered electiōs but not disannul elections of the people altogether may reforme reproue restreyne direct moderate and bridle the disordered vnrulines and contentious brawlinges of the people in and about their elections yea and wee graunt further that they may alter abridge or enlarge the forme and manner of elections All this wee graunt but that Christian Kings or any Superiour powers may take this right into their owne handes as hee sayeth from the people or that the people by anie lawe custome consent canon or coūcill may transferre or abolite their right freedome and interest giuen and deduced vnto them by these rules and by these groundes I do not yet perceiue anie good groūd or reason for the same For in so doing howe should the holy wisedome and providence of God who hath imprinted in our nature these rules and these grounds this equitie and this freedome be so holily regarded and so highly reverenced as it ought to be For hath he made vs free men and can wee without contempt of this grace become bondmen Hath he given vs leaue and libertie to choose shall we with prophane Esau sett litle by this our birth-right and post our libertie vnto others for lesse then a messe of wort pottage And albeit in some cases that may bee well saide quod volenti non fit iniuria and that quilibet potest recedere 〈◊〉 suo iure yet the cases must bee such as a mans willingnes and readines to forgoe his right bee not tyed to him with so strong a bande as is the bande of the groundes of reason and nature of the rules of Christian equitie of the freedome of the lawe of God It is free I graunt for a man to eate or not to eate to drinke or not to drink but for a man not to eate at all or not to drinke at all and so with hunger and thirst to sterue him selfe is not free and in this case volenti sit iniuria Euery man that hath a wife that hath sonnes and daughters that hath men-servantes and mayd-servantes as by the verie instinct of nature and by rhe equitie of the lawe of Christ he hath freedome to provide for them so must hee
ordinances provinciall or synodall according to the true intent of that act could not still haue bene vsed and executed as they were before if the Bishops had not still remained ordinaries Moreover it is cleare by two statutes that the Archbishops Bishops ought 25. H. 8. c. 20. 25. H. 8. c 16. to be obeyed in all maner of things according to the name title degree and dignitie that they shall bee chosen or presented vnto and that they may doe and execute minister vse and exercise all and euerie thing and thinges touching or perteyning to the office or order of an Archbishop or Bishop with all ensignes tokens and ceremonies therevnto lawfullie belonging as any Archbishop or Bishop might at any time heretofore doe without offending of the prorogatiue Royall of the Crown and the lawes and customes of this Realme Let it be then that by custome canons provintiall and statute law Bishops bee and doe remaine ordinaries yet aswell vppon those words of the statute 25. H. 8. without offending of the prerogatiue Royal as vpon the statute of 1. Eliz. c. 1. there remaineth a scruple and ambiguitie whether it be not hurtfull or derogatorie vnto the Kinges prerogatiue Royall that Ordinaries should vse and exercise their ordinarie power improperly called spirituall without a commission vnder the great Seale or that such their power should be as immoderate and excessiue now as in times past it was by the papall canon law Concerning the first by the statut of 1. Eliz. c. 1. and by the statute of 8. Eliz. c. 1. the Queene was recognized to be in effect the Ordinarie The Queen was supreme ordinarie of ordinaries of Ordinaries that is the chief supream and Souveraigne ordinarie over all persons in all causes aswell ecclesiasticall as temporall Where it seemeth to followe that all the branches streames aswell of that power which improperlie is called spirituall as of that power which properly is called temporal should haue bene derived originally vnto the Bishop from her Highnes person as from the onlie head fountaine of all the same spiritual power within her Kingdomes in such maner and from and by such commission vnder the great Seale as her H. temporal Officers Iusticers Iudges had their authorities committed vnto them And to this opinion Maister D. Bilson seemeth to accord For all power Pag. 348 saith he is not onely committed to the sword which God hath authorised but is wholie closed in the sword Against the head that it shall not be head to rule and guide the feete can be no prescription by reason Gods ordinance for the head to governe the bodie is a perpetual and eternall law and the vsurpation of the members against it is no prescription but a confusion and the subuersion of that order which the God of heaven hath immutably decreed and setled Besides there resteth saith the Remonstrance Pag. 114. 130. vnto the Bishops of this Realm none other but subordinate delegate authoritie and that the matter heads wherein their iurisdiction is occupied are by and from the Christian Magistrats authoritie In whom as supream Governour all iurisdiction within her dominions aswell ecclesiastical as civill by Gods and mans law is invested and their authoritie ecclesiastical is but subordinat vnder God the Prince derived for the most part from the Prince From which two statutes iudgements of the 1. Eliza. c. 1 8. Eliz. c. 1 Governours of the Church conteined in these two bookes for these two bookes were seene allowed by the Governors of the church I leaue it to be coÌ„sidered if the Bishop did exercise the same improper and abusive spirituall power and iurisdiction ecclesiasticall onelie and alonelie in their owne names stiles and dignities and vnder their owne seales of office that also by authoritie of forraigne and papall lawes if I say the Bishop did these things after this this manner I leaue it then to be considered whether their exercise of such power were derogatorie and preiudiciall in a very high degree to the prerogatiues of the Royall Crown or not For my part because I find by the forraigne canon lawe that papall Bishops be the Popes sonnes and are privileged to carry the the print image of the Pope their father namely that they haue plenitudinen potestatis within their diocesses as the Ex de Maior oâ—â— Pope pretendeth to have power over the whole worlde For quilibet ordinarius saith the same law in sua diocaesi est maior quolibet principe and because also not withstanding what socuer the Bb. haue written that they were the Queenes Bb. and had their authoritie derived vnto M. Bilson pag. 330. them from the Queene they did in her life time put the same papall law in execution by the same law did take vpon them plenitudinem potestatis within their Diocesses I for my part I say can not as yet otherwise conceyue but that exceedinglie they did intrude them selues into the Royall preheminences priviledges prerogatiues of the Queene For by what other authoritie then by a certain plenarie power did they in their owne names for the gouernment of the The Bb. by a plenarie power devised promulged new canons with out the Queens assent seuerall Churches within their seuerall Diocesses from time to time make promulge and by vertue of mens corporall oathes put in execution what new Canons Iniunctions and articles soever seemed good vnto them without any licence or coÌ„firmation from the Queene first had and obteyned therevnto By which pretensed plenarie power it seemeth that the statute made to bring the Cleargie in submission to the King was covertlie deluded and our late Soveraigne Ladie the Queene cunningly bereaved of that regall authoritie over euerie partieular Diocesan or Ordinarie which notwithstanding by the Parleament was giuen vnto her Highnes over the whole body and state of the Clergie For if once there be no necessitie of the Kings licence assent or confirmation to such articles canons or iniunctions as euerie ordinarie shall make within his iurisdiction then must it bee intended that the statute of submission hath covertlie permitred severall members severally to doe to execute those things which apparantly in expresse termes the whole convocation was commaunded and with the same in verbo sacerdotij had promised not to doe then the which what can seeme more vnreasonable and absurd For then might all the Ordinaries ioyne hand in hand and agree all togither in one never in anie of their convocations assembled by the Kinges writt to devise make or promulge any canons Ecclesiasticall at all And what assent licence or confirmation from the King could then bee needfull Or how then was the Cleargie brought in submission to the King For then should it not be with them as it is in the proverbe A threefold coard is not easilie brokeÌ„ but then should it be with them contrarie to the proverbe for
haeredibus nostris in perpetuum quod Ecclesia Anglicana libera sit habeat omnia iura sua integra libertates suas illaesas We haue graunted vnto God and by this our present writing haue confirmed for vs and for our heyres for ever that the church of England be free and that shee haue all her rights and liberties whole and vnhurt Nowe by this Charter if the same be cōstrued aright there is provision made first that such honour and worship bee yeelded by the King and his subictes his and their successors and posteritie vnto God as truely and in deed belongeth vnto him Secondlie that not onely such rightes and liberties as the King his progenitors but also that such as God had endowed the Church of England with should inviolably be preserued And in verie deed to speake truely properly such rights and liberties onely are to be called the rightes liberties of the church of England which God him selfe hath giuen by his lawe vnto his vniuersall Church not which the Kings of England by their Charter haue bequeathed to the particular church of England When therefore questiō is made that by the great Charter the Kinges of England are bound to maintayne the rights and liberties of the Church of Englande we are to enquire and search what rights and liberties God in his holie word hath granted vnto his vniversall Church and so by consequence vnto the Church of England one part of the Catholike church And this questionlesse was the cause that moved the victorious Prince Henry the eight so effectuallie and powerfully to bend him selfe against the Popes supremacie vsurped at that time over the Church of England For saith the King wee will with hazard of our life and losse of our Crowne vpholde and defend in our Realmes whatsoever wee shall know to be the will of God The church of God then in England not being free nay having her rights and liberties according to the great Charter whole and vnhurt but being in bondage and servitude to the Sea of Rome contrarie to the lawe of God the King iudged it to stande highlie with his honor with his oath according to the measure of knoweledge which then was giuen vnto him to reform redresse amend the abuses of the same Sea If then it might please our gratious Soveraigne Lord King IAMES that now is treading in the godly steppes of his renoumed great Vncle to vouchsafe an abolishment of all lordlie primacie executed by Archiepiscopal Episcopall authoritie over the Ministers of Christ His Highnes in so doing could no more rightlie bee charged with the violation of the great Charter then might King HENRY the eight with the banishment of the Popes supremacie or then our late Soveraigne Ladie the Queene could be iustlie burthened with the breach of her oath by the establishment of the Gospell Nay if the Kings of England by reason of their oath had bin so straightlie tied to the wordes of the great Charter that they might not in anie sort haue disannulled any supposed rightes liberties of the church then vsed and confirmed by the great Charter vnto the church that thē was supposed to be the Church of God in England then belike King Henrie the eight might bee atteinted to haue gone against the great Charter and against his oath whē by the overthrow of Abbayes Monasteries he tooke away the rightes and liberties of the Abbotts and Priors For by expresse wordes of the great Charter Abbotts and Priors had as ample and as large a Patent for their rightes and liberties as our Archb. Bb. can at this day chalenge for their primacies If then the rightes and liberties of the one as being against the lawe of God be duly lawfully taken away notwithstanding any matter clause or sentence conteyned in the great Charter the other haue but litle reason by colour of the great Charter to stand vpon their pantofles and to contend for their painted sheathes For this is a rule maxime in all good lawes that in omni iuramento semper excipitur authoritas maioris vnlesse then they be able to iustifie by the holy scriptures that such rightes and liberties as they pretend for their spirituall primacie over the Ministers of Christ to be granted vnto them by the great Charter be in deed truth likewise confirmed vnto them by the holy law of God I suppose the Kinges Highnes as a successor to King Henrie the third and as a most iust inheritour to the Crown of England by the words of the great Charter and by his oath if once the same were taken to be bound vtterlie to abolish all Lordly primacie as hetherto vpheld and defended partly by ignorance and partlie by an vnreasonable and evill custome Admonition The vse and studie of the civill lawe wil be vtterly overthrown for the Civilians in this Realme live not by the vse of the civill lawe but by the offices of the canon lawe and such things as are within the compasse thereof And if you take those offices and functions away and those matters wherein they deale in the canon lawe you must needes take away the hope of rewarde and by that meanes their whole studie Assertion This collection dependeth vppon his former Reason is borrowed to proue a necessary continuance of canon law and concludeth in effect thus The taking away of the reward and maintenance of Civilians wil bee the overthrowe of the vse and studie of the civill lawe But the taking away of the canon lawe the offices and functions thereof and such things as are within the compasse of the same wil bee the taking away of the reward and maintenance of Civilians Therefore the taking away of the canon lawe wil be the overthrowe of the vse and studie of the civill lawe But we denie the assumption and affirme The maintenance of Civiliās dependeth not vpō the functions of the canon lavve that Civilians might haue farre better reward maintenance then now they haue if the offices and functions of the canon lawe and such things as are conteyned within the same were simply and absolutely taken away And further we say if there were none other vse nor end of the studie of the civill lawe then hope of reward and maintenance by some office function of the canon lawe that then Civilians should in vaine seeke for knowledge in the civill lawe because without the knowledge thereof and by the only knowledge of such things as are within the compasse of the canon law they might reape that rewarde and maintenance Nay sithens by experience wee haue known that some who neuer vnclapsed the institutions of Iustinian out of the same to learne the definition of civill iustice haue bin yet are authorized to exercise the offices and functions of the canon law how should the studie of the civill lawe bee furthered by these offices and functions when as without any knowledge of the civill
of Tythes Testaments and Matrimonie matters also of adulterie slander c. are in these mens iudgments mere teÌ„poral c. therefore to bee dealt in by the temporall Magistrate onely which as yet haue eyther none at all or very fewe lawes touching those things therefore the common lawe of the Realme must by that occasion receaue also a verie great alteration For it wil bee no small matter to applie these things to the temporal law to appoint Courts Officers and manner of processe and proceedings in iudgement for the same Assertion In deed we hold that all these matters whereof mention is here made and all Matters of tythes and other causes of like nature perteine to civill Iustice others of the like nature are merely civill and temporall and by the temporall Magistrate alone to bee dealt in and to be discussed if we consider the administration of externall and civill iustice And this wee thinke wil be graunted of all and not be denied of any vnlesse they be too to popishly addicted In regard whereof wee haue drawen as before is mentioned a proiect howe Courts and maner of processe and proceedinges in iudgement by Doctors of the civill law may be appointed by the King and his high Court of ParleameÌ„t without that that the common law of the Realme by the occasion of any such courts officer or maner of processe and proceedings must receave any alteration at al muchlesse a very great alteration Howbeit if it should not please the King and that the Civilians could not finde favour in his sight by courts offices and maner of processe and proceedings in iudgement before specified or by the like to have the studie of the civill law advanced yet we thinke it convenient once againe to â—owe matters of Tythes c. may be dealt in by the Kings Iudges be examined howe these matters may be dealt in according to the rules grouÌ„dâ— of the common lawe before the Kings Iudges and Iustices of the Kings bench and common pleas By a statute of 32. H. 8. c. 7. it is cleare that all tythes oblations c. and other ecclesiasticall or spirituall profits by the lawe or statutes of the Realme may bee made temporal as being admitted to be abide go to and in temporall hands laye vses and profits From the reason 〈◊〉 which statute it is cleere that those lawâ—â— likewise may be reckoned amongst 〈◊〉 for temporall lawes which by the lawâ—â— and statutes of the Realme may be executed by temporall and lay persons and which are conversant about temporall and lay causes If then the execution of the lawes touching these matters may lawfully remaine abide in the hands of Doctors of the civill law being temporall and lay persons as alreadie vnder the Bishops they doe it can not be denied but that the Kings Iudges and Iusâ—icers of both Benches may be as competible Iudges to put in execution the lawes concerning these matters as Doctors of the civill law or other lay-men be But the causes are not reputed and called temporall lay causes amongst vs. What for that if in their owne nature simply considered these causes bee meerely laye and temporall causes such causes I meane as whereof the King a â—ay civill and temporall Magistrate by his lay civill and temporal Magistracie â—erived vnto him immediatly from the holy law of God may and ought to take â—ognizaÌ„ce thervpoÌ„ either in his own Royall person or by the person of any of his inferior Officers may giue absoâ—te peremptorie iudgement If I say â—hese things be so what booteth it or that wisedom is it contend that these causes and matters have bin and are stil adiudged to be therefore ecclesiasticall no temporal causes because through an abusive speech or through a vaine and evill custome they haue bin so called and accompted in times past And what if it hath pleased the Kinges Progenitors by sufferance to tollerate the execution of such lawes as concerne these things to be in the hands power of Ecclesiasticall persons yet here vpon it followeth not that in very deede and trueth the Magistracie of the said ecclesiasticall persons was an ecclesiasticall Magistracie or that they were ecclesiasticall Magistrats but their Magistracie was and remayned still a temporall magistracie they were and aboade temporall Magistrates For not more can the qualitie of the person alter the nature of the cause then can the qualitie of the cause alter the nature of the person And if it be true that matters determinable in tymes past by a Magistracie abusivelie called ecclesiastical be notwithstandinge properlie temporaâ—â— matters and that the same Magistracie also be a temporall no spirituall Magistracie what a childish poore coÌ„ceit is it to challenge threp vpoÌ„ the teÌ„porall Magistrat that he hath none or verie few temporall lawes touching those matters And that therefore the people should not sollicit an alteratioÌ„ of abuses in Church-goverment least for want of temporall lawes the people should bee without ecclesiasticall discipline It will be no small matter saith hee to applie these things to the temporall lawe yea and so say I to But what of that The question is not how hardly these things may be applied to the temporall lawe but how small a matter it were to applie the temporall law vnto these thinges For it is not said in any law that casus ex iuribus but it is said in all lawes that The temporal law may easily be applied to causes nowe reputed ecclesiasticall ex casibus â—ura nascuntur And in deede the Phisition applieth not the disease to his phisicke but he prepareth his phisicke for the disease The husband-man he measureth not his grouÌ„d by the seed but his seed by the ground The Draper he meateth not his yarde by the cloth but his cloth by the yarde If in like maner the temporall lawes and the grounds and rules thereof were applied to these matters of tythes marriages c. whereof he speaketh what more alteration could there be of the temporall law by such an application then there is an alteration of the pluÌ„met by laying it to the stone or then there is an alteration of the rule or yard by laying them to the timber cloth Besides he that rightly and after an exact equall proportion can apply one rule or maxime of the teÌ„porall lawe to many more cases then wherevn to it hath bin vsually in former times applied he may rather be reputed an additioner then an alterer of the law But how may the temporall lawe be applied to those matters How even so and so as followeth By the statute 32. Howe Tythes may bee recouered in the Kings teÌ„porall Courts H. 8. c. 7. it is declared that tythes oblations c. and other ecclesiastical or spirituall profitts c. beinÌ„g in laye mens handes to laye vses be no more ecclesiasticall but temporall goods and profittes and that if any person were disseysed
them as by any of the reverende Bishops or venerable Archdeacons their Chancelors or Officials If there be ame exception alleaged by the defendant as of composition prescription or privilege the Kinges Iustices are as able to iudge of the validitie of these as they are now able to determine customes de modo decimandi or of the vse of high wayes of making and repayring of bridges of commons of pasture pawnage estovers or such like Trueth it is that of legacies and bequestes of Legacies how they may be recouered at the coÌ„mon lawe goods the reverend Bishops by sufferance of our Kinges and consent of our people haue accustomablie vsed to take cognyzance and to hold plea in their spirituall Courts Notwithstanding if the legacie be of landes where landes be divisible by Testament the iudgement thereof hath ben alwayes vsed and holden by the Kings writ and never in any ecclesiasticall Court Wherfore if it shall please the King to enlardge the authoritie of his Courtes temporall by commandinge matters of legacies and bequestes of goods aswell as of landes to be heard and determined in the same it were not much to be feared but that the Kings Iustices the Kings learned Counsell and others learned in the law of the Realme without any alteration of the same law would spedelie find meanes to applie the grounds thereof aswell to all cases of legacies and bequests of goods as of landes For if there bee no goods divisible by will but the same are grauÌ„table and confirmable by deede of gift could not the Kings Iustices aswel iudge of the gift of the thing given by will as of the graunt of the thing graunted by deede of gift or can they not determine of a legacie of goods aswell as of a bequest of landes If it should come in debate before them whether the Testator at the time of making his will were of good perfect memorie vpon profes and other circumstances to bee opened and made of the Testators memorie by livelie testimonies either the Admonitor must condemne the Kinges learned and discreete Iustices to be 〈◊〉 mentis insanae memoriae or els it must be confessed that they be as well able to iudge of the distraction of wits and vnsoundnes of memorie in a person deceased as they be to determine the question of Lunacie madnesse or idiocie in a man living If anie question should arise vpon the revocation of a former will of the ademptioÌ„ of a legacie or of a legacie giuen vpon coÌ„dition or in diem it would be 〈◊〉 matter for the learned Iudges vpon sight of the Will and proofes to be made to define which is the first and which is the last will whether the legacie remayne or whether it be revoked whether it be legatum per rerum or 〈◊〉 whether condicionall or without condition And if it bee condicional whether the same be possible or impossible honest or dishonest and if it be 〈◊〉 whether the day bee past or to come But there lyeth no action at the commoÌ„ lawe for a legatorie against the executor to recover his legacie I graunt But a creditor to recover his dâ—â—t due by the testator vpon specialtie may bringe an action at the common law against the executor And then what is the cause that a creditor may recover his debt that a legatorie can not recover his legacie in the Kinges Court but onlie for that remedie could not be giuen vnto legatories complaynantes by any writt out of the Chancerie And therefore that such plaintifes might not be deferred of their right 21. Ed. 1. statute vpon the writt of consultation remedie in such cases to their great damage it hath pleased the Kinges by sufferance to tolerate the Church officers to determine these cases Wherefore if it might please the King to cause Writtes to bee made out of his Court of Chancerie for the recoverie of Legacies it were cleere by the common law of the Realme as from the statute may be gathered that the cognizance of these cases did not appertayne anie more to the spirituall Court. For then might the legatorie by that Writt bring an actioÌ„ against the executor to obteine his Legacie But how should that action be tryed How even as other actions of debt detinue or trover be tried namelie as the case should require either by the countrey or by the Iudges vpon a moratur in lege As Testamentes with their adherences so likewise matters of Spousalles Matters of mariages more meete to bee decided by the Kings then by the Bb. officers Mariages divorces c. togither their accessories by common right of the Imperiall Crowne did in auncient times properlie apperteyne to the examinations and sentences of the Emperours them selues to their Provostes Deputies and Presidentes of Cities and Provinces as by the several titles de Testamentis Legatis Fidei commissis Nuptijs repudijs divortio dote c. in the books of the civil law appeareth By the Law of England also the King hath the mariadge of an heyre being within age in his warde Widowes also that hold of the King in chiefe must not marie them selues without the Kings licence And by an Act made 4. and 5. Phil. and Mary there is a streight punishment provided against all such as shall take away Maydens that be inheritors being within the age of sixteene yeres or marie them without consent of their Parentes And what reason letteth them that the King might not as well haue the care and cognoyzance of all the coÌ„tractes of mariage especially of the mariage of all children and Widowes in his temporall Courtes as he hath of some parties to bee contracted of the Dower of the ioynture of the dis aragment of the age of the 〈…〉 way of the deflouring and of manage without parentes consent in some cases or what a verie great alteration of the common Law could ensue in case the Kings temporall Iustices did examine and determine whether the contract were a pefect and simple or condicionall contract yea or no For if vpon the statute made by Phi. and Mary that Maydens and Women children of Noble men GentlemeÌ„ c. being heyres apparant c. and being left within age of xvj yeares should not marie against the will or vnknowing of or to the Father or against c. If I say vpon the publishing of this Act there hath no alteration of the common law hitherto followed it is but a meere superstitious errour to feigne that a change of the coÌ„mon law must followe if so be this statute were extended to all children both Sonnes and Daughters of what parentage sexe estate or age so euer For if the King in his temporall Courts had the definitioÌ„ of all aswell as of some contractes made by children without consent of parents then should a multitude of lewde and vngodlie contractes made by flatterie trifling gifts faire and goodly promises of many vnthriftie and light personages
if it may please him so to provide by Parleament may giue remedie vnto complaynants by writts out of the Chancerie and that complaints in such cases may effectuallie be redressed vpon such writts in the Kings Courts And if also sundrie matters of Tythes Testaments and Mariages be alreadie handled in the Kinges Courts if these things I say be so and so may be then with litle reason did the Admonitor warne vs that a verie great alteration of the common law must follow and that it will be no small matter to applie these things to the temporall law But the antecedent is true as hath bene alreadie shewed Therefore the consequent is true Admonition Iudgementes also of adulterie slauÌ„der c. are in these mens iudgmentes Pag. 78. mere temporall and therefore to be dealt in by the temporall Magistrate onely Assertion We are in deed of this iudgemeÌ„t that in regard of the Kinges Royall Office these iudgements of adultrie and other criminall causes comprised within this clause c. ought no more to be exempted from the Kings temporall Courtes then matters of theft murther treason and such like ought to be And for the mayntenance of our iudgementes wee affirme that there is no crime or offeÌ„ce of what nature or qualitie soever respecting any commaundement conteyned within either of the two tables of the holie law of God if the same bee nowe corrigible by spirituall power but that some fault and contempt one or other of the like nature and qualitie as comprised vnder the same commandement hath bene evermore and is now punishable by the Kings Regall and temporal iurisdiction For adulterie as the same is to be censured by penance in the Ecclesiasticall Courtes so is ravishment also buggerie sodomie to be punished in the Kings Court by payne of death And as hath bene accustomed that Ordinaries by ceÌ„sures of the Church may correct fornicators so fornication also as in some bookes written of the common lawe is reported hath bene in times passed presented and punished in leetes and Law-dayes in divers places of the Realme by the name of Letherwhyte whiche is as the booke saieth an auncient Saxon terme And the Lord of the Leete where it hath bene presented hath euer had a fyne for the same offence By the statute of those that be borne beyond the Seas 25. Ed 3. it appeareth that the Kinge hath cognizance of fome bastardie And nowe in most cases of bastardie if not in all by the statute of Eliza. the reputed father of a bastard borne is lyable to bee punished at the discretion of the Iustices of peace Touching periurie if a man loose his action by a false verdict in plea of land Periurie if punishable temporallie in some cases why not in all he shall haue an attaynt in the Kinges Court to punish the periurie and to reforme the falsitie And by divers statutes it appeareth that the Kings teÌ„porall Officers may punish periurie committed in the Kings teÌ„poral Courtes And though it be true that such periurie as hath risen vpon causes reputed spirituall haue bene in times past punished onlie by ecclesiasticall power and censures of the Church yet herevpon it followeth not that the periurie it selfe is a meere spirituall and not a temporall crime or matter or that the same might not to be civillie punished By a statute of Westminster 25. Ed. 3. it was accorded that the King his Vsurie heyres shall have the cognizance of the vsurers dead and that the Ordinaries haue cognizance of vsurers on lyfe to make compulsion by censures of the Church for sinne and to make restitution of the vsuries taken against the lawes of holy church And by another statute it is provided that vsuries shall 20. H. 3. c. 5. not turne against any being within age after the time of the death of his Auncestoure vntill his full age But the vsurie with the principall debt which was before the death of his Auncestor did remayne and turne against the heyre And because all vsurie being forbidden by the law of God is sinne detestable 13. Eliz. c. 8. it was enacted that all vsurie lone and forbearing of money c. giving dayes c. shall be punished according to the forme of that Act. And that everie such offendor shal also be punished corrected according to the Eccle. lawes before that tyme made against vsurie By al which statutes it seemeth that the cognizance reformatioÌ„ of vsurie by the lawes of the Realm partayneth onlie to the Kinge vnles the King by his lawe permit the Church to correct the same by the censures of the church as a sinne committed against the holy law of God Touching heresies and schismes albeit the Bishoppes by their Episcopall Heresies schismes are punishable by the Kings lawes and ordinarie spirituall power grouÌ„ded vpon canon lawe or an evill custome have vsed by definitive senteÌ„ce pronouÌ„ced in their Consistories to condemne men for heretickes and schismatickes and afterward being condemned to deliver them to the seculer power to suffer the paynes of death as though the King being custos vtriusque tabulae had not power by his Kinglie office to enquire of heresie to condemne an hereticke to put him to death vnlesse he were first condemned delivered into his hands by their spirituall power although this hath bene I say the vse in England yet by the statutes of Richard the second Henrie the fift it was lawfull for the Kings Iudges and Iustices to enquire of heresies and Lollardes in Leetes Sherifes turnes and in Lawdayes and also in Sessions of the peace Yea the King by the common law of the Realme revived 25. H. 5. c. 14. by an Act of Parleament which before by the Statute of Henrie the fourth was altered may pardon a man condemned for heresie yea and if it should come to passe that any heresies or schismes should arise in the Church of Englande the Kinge by the lawes of the Realme and by his Supreame Soveraigne power with his Parleament may correct redresse and reforme all such defaultes and enormities Yea further the King and his Parleament with consent of the Cleargie in their Convocation 1. Eliz. ca. 〈◊〉 hath power to determine what is heresie and what is not heresie If then it might please the King to haue it enacted by Parleament that they which opiniativelie and obstinatelie hold defende 1 Eliz 〈◊〉 1. and publish any opinions which according to an Act of Parleament alreadie made haue bene or may bee ordered or adiudged to be heresies should be heretickes and felons and their heresies If it please the Kinge heretickes may bee adiudged felons and hereâ—ies felonies to be felonies and that the same heretickes and felons for the same their heresies and felonies beeing araigned convicted and adiudged by the course of the common law as other felons are should for the same their heresies felonies suffer the paynes of death
money to bee paid and distributed yerelie of the fruites and profits of the same churches by those that shall haue the same churches in proper vse by their successors to the poore parochiaÌ„s of the same churches in aide of their living sustentation for ever and also that the Vicar be well and sufficientlie endowed By which statute it appeareth that every impropriatioÌ„ ought to be made by liceÌ„ce out of the Chancerie that it ought to be made to the vse of ecclesiasticall persons onlie not to the vse of temporall persons or patrones Now then all such parish churches as without licence of the King in his Chancerie haue bin appropried to any ecclesiasticall person and againe all such parish churches as by licence of the King in his Chancerie haue bene appropried to the vse of laye persons they are not to be accompted mens lawfull possessions heritages Besides this as many impropriations as wherevpon the Diocesan of the place hath not ordeined according to the value of such churches a convenient summe of money to be paid distributed yearlie of the frutes of the same churches c. to the poore Parochians of the same churches in aide of their living and sustentation for euer yea every church also appropried as wherevnto a perpetuall Vicare is not ordeined canonically to be instituted inducted in the same and which is not convenably endowed to doe divine service and to enforme the people and to keepe hospitalitie there all and everie such church churches I say otherwise then thus appropried by the law of the Realme as it seemeth are not mens lawfull possessions and inheritances For by a statute of Kinge Henry the fourth everie church after the 15. year of King Richard the second 4 H. 4. c. 12 appropried by licence of the King against the form of the said statute of R. 2. if the same were not dulie reformed after the effect of the same statute within a certeyne time appointed then the same appropriation and licence thereof made presentlie the parish Church of Hadenham onlie excepted was adiudged to be voyd and vtterly repealed and adnulled for euer And therefore I leaue it to the inquisition of our Soveraigne Lord the King whether the impropriatioÌ„ of the parish church of Bâ—lgraue in the Countie of Leycester wherevnto two Chapples are annexed and other Churches appropried to the Bishop of Leycester since the statutes of Richard the seconde and Henry the fourth bee the lawfull or vnlawfull possession and heritage of the same Bishop yea or no. And if it be lawfullie appropried and so a lawfull possession and heritage then I leaue it againe to the inquisition of the King what summe of money out of the fontes of the same church ought yearlie to be distributed to the poore ParochiaÌ„s what the endowment of a Vicare canonicallie to be instituted and inducted in the same church should be what house is appointed for the same Vicar to keepe his hospitalitie in and whether any Vicare for the space of these many yeres passed hath bin Canonicallie instituted and inducted in the same church to possesse that endowment to inhabite that same house and enforme that people For if by the appropriation it selfe or by the abuse thereof the poore Parochians haue bin defrauded of their yearelie distribution or if no Vicares haue bene Canonicallie instituted and inducted in the same or if being inducted they haue their indowments so small or so covetouslie kept backe from them as that they can not sufficientlie mainteine theÌ„ selues much lesse keepe hospitalitie theÌ„ as the Admonitor coÌ„fesseth there must needes be a lamentable abuse of impropriations and that therefore it is greatlie to be wished that by some good statute it might be remedied And as those churches which are vnlawfully appropried are not the lawfull possession and heritage of the proprietaries so on the other side we aâ—â—irme that those impropriations which were made reformed according to the statutes of Ri. 2. He. 4. may well stand as mens lawfull possessions and heritages even with those things which are required to be planted brought into the Church whatsoever the Admonitor hath written to the contrarie For wee doe not holde that maintenance must onlie and necessarilie be provided for everie Minister by the payment of tythes oblations and other ecclesiasticall profites belonging to churches appropried or disappropried For there being no direct proofe to be made out of the law of God that Ministers of the Gospell must onelie liue vpon tythes the King and Parleament may well and competentlie inough appoint covenable endowments for everie Minister without disapproprying of any church appropried And therefore litle cause had the Admonitor to insinuate the ruine of impropriations vpon the bringing in the discipline of our Savior Christ because the same may bee well planted and yet to other not vnplanted But what neede we to argue against his insinuation considering he him selfe before he came to the end of this page by his owne disclayme contradicted his insinuation For if the forme of finding Ministers by tythes must with the canon law as he saith be abolished and if there must be some other order for this devised because this may seeme papisticall and Antichristian what should anie man feare the taking away of those lawes whereby impropriations do stand For if such as heretofore haue spoken or written against them because as he insinuateth the forme of finding Ministers by tythes seemed to be vnlawfullie taken away and as he would also insinuate by their iudgement ought againe to be restored and not to stande any longer as mens lawfull possessions and heritages How I saye doth it followe that they which desire impropriations to bee restored to their pristinate state should withall require to haue the findinge of Ministers by tythes to bee abolished It seemeth therefore that the Admonitor so he might be talking passed but a â—itle what he talked For what a double talke is heere or to what purpose was this talke Was it because some men do thinke that the Ministers ought not to receyue tythes for their reliefe paynes in the Ministerie Why then let all men knowe that we disclayme such some mens opinions For wee accompt all things perteyning to this lyfe directlie or by consequence not commaunded nor prohibited by the holy and sacred Scriptures to be things indifferent and that therefore we may vse them or not vse them as the commoditie or incommoditie of the Church shall require And therfore as we doe not affirme that the maintenance of the Ministers must onelie and necessarilie bee levied out of tythes oblations and such like so also we do not denie but that the tenth part of the increase of all our goodes by the authoritie of the King his lawes may be allotted for their possession and hâ—ritage especiallie in our couÌ„trey the same manner of payment beeing so auncient and so agreeable to the maners vsages and disposition of our
State and people Nay since the payment of tythes for service accoÌ„plished in the spiritual Sanctuarie is correspoÌ„dent in the nature thereof to the equitie of the Lawe of Moyses for the Levites attendance about the earthlie Tabernacle and since also wee be bound by the coÌ„maundement of the Apostle to make him that teacheth vs in the word to bee partaker of all our goodes I see not so Iewish and popish ceremonie and superstition be avoyded but that this duetie may as christianlie be performed by the payment of the trenth part of the increase of our corne hay wooll lambe c. as by the eight twelfeth twentieth or any other part of our money and coyne By payment also of which tythes the Ministers at everie season with everie kinde of necessarie provisioÌ„ towards hospitalitie might thoroughlie be furnished which manie times they shall want by reason of mens backwardnes when collections of money are to be made But to speake no more of this matter of tythes we will returne to the obiection made against the Apostolicall government drawen from taking away impropriations And herein we wil not handle whether the lawes whereby impropriations do stande as mens lawfull possession and heritage must as he saieth bee taken away but whether impropriations now devided from the Ministerie and dispersed into many severall mens handes and imployed to many vses in the common weale may not in tract of time by some whole some lawe be reduced eyther wholie or in part to be the only lawful possessions and inheritances for the Ministers of the Gospell yea and that without any preiudice or damage vnto Prince or people It is evident in the eyes of all thatthe Churches now appropried do stand remaine as the lawfull possessions inheritances either of the King or of the Nobles or of the Knightes Esquyres Gentlemen and other temporall persons or of Archbb. Bb. Archdeacons Deanes Prebendaries and other ecclesiasticall persons or of the Vniversities of the Colledges in the Vniversities of collegiate and Cathedrall Churches of Scholes Hospitalls Fraternities and other bodies Politicke and Corporate Wherefore to the end our meaning may the better be vnderstood and that wee may proceed orderlie we think it good to examine first by how many severall wayes some of these impropriations may be wholy and thoroughly reduced secondlie by how many several meanes other some in part may be brought to the vse of the Ministerie To reduce som of them whollie may bee done by restitution Impropriations may bee reduced to the ministery by fower meanes commutation redemption and contribution And first that I preiudice not the Lords spirituall and Church-men of their auncient priviledges from being placed in the first ranck reason is that they teaching the people not to possesse other mens goodes wrongfully we speake first of restitution to be made by them In declaration whereof wee thinke it not fitt in this place to shew to Porochiall Churches to what vse they were founded what end the state of the Cleargie was first founded into a state of prelacie by the King Earles Barons other great men because the same cometh afterward to be handled more at large but it shall suffice at this present for the purpose whereof we now intreate to lett the Reverend Bb. vnderstand that the small Parochiall churches were founded and endowed with glebe Landes tythes and other fruites by the Lordes of Manors This may bee proved by 15. R. 2. and 4. H. 4. c. 2. and is confessed by M. Bilson in his perpet gouerment Pag. 365. 366. to the end that the Lords tenantes within the same manors should be informed of the lawe of God and that Hospitalities might be kept and the poore of the same Parishes be relieved And besides the reverend Bishoppes we hope will graunt that the great Cathedrall and Collegiat Churches were not founded by the Kings progenitors Nobles and great men of the Realme to the ende that those great Churches as great hawkes pray vpoÌ„ litle fowles with their great steeples should care and devoure the litle steeples or that with their great Quiers they should overthrow iustle downe the small pulpittes And therefore we most humblie pray ayde froÌ„ the King for the casting of new clappes to be erected in the little pulpittes that be would be pleased to graunt restitâ—â—ones in integrum to all the litle churches and that all impropriations of all Parochiall churches and benefices nowe by spoliation parcell of the revenues of Archbb. Bishoppes Deanes Archdeacons Prebendaries and other ecclesiasticall persons restantes within those great churches may be whollie restored to their auncient and originall vse according to the mindes and intentes of the first Donours and Patrones of the same Parochiall and little Churches For if as Maister Bilson saith it be true that the Lords of Villadges having erected churches and allotted out portions for divine service eyther by Gods or mans lawe by their later graunts could not haue their former rights vnto their patronages overthrowen and if the allowance given at the first to the Ministers of ech Parish by the Lorde of the soyle were matter inough in the iudgement of Christes Church to establish the right of patrones that they alone should present Clerckes because they alone provided for them if I say this be true then haue the Ministers of those Villadges and of that soyle iust cause to require at the Diocâ—sans handes a râ—stitution of such allowances as were first given and provided for them by the patrones Especiallie the Diocesans by their own act nowe enioyning and converting the same allowances to their owne vse If it be answered that this can not well and convenientlie bee brought to passe because the same impropriations by the Archbishops Bishops and other Ecclesiasticall persons for divers summes of money are now lawfully demised to farme for many yeares yet to come herevnto we answere that these leases should hinder nothing at all the restitution of the right and interest in reversion or remainder of those impropriations Onlie if the impropriations haue bene made according to the lawes of the Realm the leases dulie graunted these leases for a time may hinder the incumbent Ministers from the present possession of the Tythes Fruits and glebe Land belonging to the same impropriations And yet may not the incumbent Ministers bee hindered in the meane while from receyving the reâ—tes reserved vpon such Leases and which by the same Leases are nowe payable to the Archbishops Bishops and other ecclesiaasticall persons Neither after the determination of the same Leases should the incumbent Ministers bee any more letted to enioy receyve the whole profits in right of their churches then other Ministers bee now letted to enioy theirs If any shall say that manie of these impropriations are annexed appropried as Prebendes for the provision of some of the Prebendaries of the same greate churches and that the same Prebendaries in the right of their prebeÌ„ds be the lawfull
Rectors of the churches appropried and haue cura◠animaru◠in the same parishes then wee must instantlie againe pray the King that those Prebendaries by some wholesome lawe may be constreyned to reside and to incumbe vpon their saide prebendes and parochiall churches and that by continuall preaching of wholsome doctrine they may endevoure to cure the soules of the people over whō by the order of those great churches they be set over whom they haue taken charge And withall that they may no more be suffered to lye and to liue idlelie in their Cloysters in their caves and in their dennes sometimes at Worcester sometimes at Hereforde sometimes at Gloucester sometimes at Salisburie sometimes at Westminster sometimes at Soutwell sometimes at Windsore sometimes at Paules sometimes at Oxforde and sometimes at Cambridge When in the meane while both seldome and very slenderlie they feede other sheepe whose fleeces they take in and about London Winchester Tewkesburie Reading and other places of the Countrey Besides we pray that these prebendes after the determinatiō of leases now in being may never any more be let to farm so that the frutes thereof may serve for those Prebendaries or other succeeding Ministers to make Hospitalities Almes and other workes of charitie If it be alleadged that the King now hauing first frutes Tenthes and Subsidies out of the impropriatiōs of those great churches as being all comprised vnder a grosse summe of the Tenthes payable for the whole revenues of the same churches should loose the first frutes Tentes and subsidies of the same impropriations if hereafter they become either donative or presentative to this the aunswere is readilie made viz. that Tenthes first frutes and Subsidies might as well bee paide then as now And that the Kinge might then aswell haue right to the donation of the benefice disappropried as the Bishop now hath the gift of the prebend appropried In the next ranck cometh commutation to be spoken of Wherein because the impropriations of Parochiall churches apperteyning now to the King Nobles Commons Colledges Scholes Bodies politicke c. were at the firste appropried one lie by the discretion of the Diocesans Predecessors to the reverend Bishoppes that now are vnto Abbottes Prioures Nunnes Friars c. and because the Successours of those Diocesans be bound in the same band of iniquitie with their predecessors vnles by all good meanes they labor that things may be brought to their first and pristinate state it seemeth equall iust that this commutation should likewise proceede and be drawen frō the Diocesans and great Churches before specified The reasons whereof may bee such as follow The Landes and possessions given by the Kings progenitors the Earles Barons other great men of the Realme to Bishoprickes were not giuen as Maister Bilson affirmeth to vnburden the people of the support and chardges of Perpetu. power Pag. 367. their Bb. but they were given as the law of our lande teacheth vs first to enforme the people in the lawe of God in those churches Secondlie to keepe Hospitalities almes other workes of charitie And thirdlie for the soules of the founders their heyres and of all christian Now then if some of these condicions be such as for the impietie thereof ought not to be performed and if other some also being good and godly be not performed and so the thinges are to returne to their first nature as in the same statute is alleaged then is it reason that the Kinge and Nobles who are the iust inheritors and successours to those who were firsT Donoures and Founders of those Churches should haue as free a disposition and donation of those lands and possessions now as his and their progenitors and auncestours ever had And seeing it is manifest that the lands possessions of Archbishops Bishops Deanes and Chapters doe not for the most part nowe a dayes serue for those good vses for the which they were first granted namelie to enforme the people in the law of God to keepe Hospitalities Almes and other workes of charitie but partlie for the vse of chaunting and singing in the Quyers partlie to vayne idle superfluous and pompous vses the King can not do a better and more charitable deede then to convert parcell of the same landes and possessions thus by defect of the condicions not performed returning to their first nature to and for the necessarie perpetuall provision of learned able preaching Ministers to bee planted in Parochiall churches nowe destitute of sufficient Pastoures for want of sufficient maintenance naye sit hence Archbishoprickes Bishoprickes other Prelacies by the verie expresse letter of the statute are said to be founded to supersticious vses viz. for the soules of the founders their heyres and of all christian the same reason whiche led Kinge Henrie the eight his Nobles and Parleamentes to dissolve Abbayes and Monasteries the same reason also which moved King Edward the sixt with his Nobles Parleament to dissolve Colledges free Chappels and Chauntries the same reason may be a sufficient reason to perswade our Soveraigne Lord King IAMES that now is with his Nobles and Parleament to dissolve Archbishoprickes Bishoprikes Deanries c First to the end these Prelacies and Dignities may never in anie succeding ages serve to anie such superstitious vses as wherevnto they were at the first erected Secondlie that the King having them al in his owne hands and free disposition may be the onlie Foundor and Donour of so many new Bishoprickes as might please him to erect endowe with such liberall and covenable endowmentes as might serve for learned Evangelicall Bishoppes to enforme the people in the holy Evangill of Christ to keepe hospitalities almes and to doe other workes of charitie rather then to be expended as now for a great parte they are vpon the keeping of great horses coroches and troupes of serving idlers The commutation then whereof we speake and which wee most humblie commend to the consideration of the King is viz That parcell of the temporall Landes possessions of Archbb and Bishoppes togither with all the landes and possessions serving to the mainrenance of idle Ministers and idle Songsters in Cathedrall and Collegiat churches the Collegiat churches of Eaton and Winchester and the Cathedrall and Collegiat churches in Oxford Cambridge excepted by an equal and reasonable proportion may bee made with such impropriations as belong to the King the Nobles Commons Colledges Hospitals Scholes c. Provided as before hath bin said that there may be a liberall and couvenable endowment for the learned Bishops or Pastors to be continued and placed in all the chief and principall townes cities of the Realm And that the impropriations of Parochiall churches may for ever be livings for the Ministers of the same churches And therefore in the iust defence of the innocencie of all such as require a godlie and religious reformation wee say that they ought not to haue ben traduced before the Kinge
duties to God as also towardes the King and common weale and lastlie the former danger of the soules of the Citizens If then in these dayes it might please the King to applie like playsters to the like sorcs to provide remedies for the like mischieves and for the like diseases to minister like medicins it would come to passe no doubt in few yeares that the lame the blind the broken with a number of vnhallowed and vncleane beastes should be swept and cast foorth of all the Parochiall churches within Canterburie Winchest Chichester Lichfield Oxford and other great Cities of the Realme For these Chapples and smaler churches being the verie Chapples the seminaries of hyrelings Seminaries of all hyrelinges and idoll Sheapheards a benefice can no sooner become voyd but the poore and hungrie Chapleynes wearie of their thynne dyet and long leaping after a beane presentlie trudge to the patrone offering or accepting any condicions to be presented by him And not onelie should the Church by this meanes bee rid of these vermine but also the learned preaching Minister without further aide or coÌ„tribution in those places might haue more liberall maintenance then erst they haue had For then should they be no more constreyned to deduct out of their livings by reason of Chapples yet standing and as it were annexed to their Parish churches some 10. lb. some 20. lb. some 30. lb. by the yeare for the wages of these hyrelings Besides this a singuler and apparant benefite By yâ— dissolution of Chappels many suites in law shold be avoyded could not but redound to the common weale by the dissolution of these Chapples when as many long tedious and changeable vncharitable sutes heretofore had commenced should hereafter bee extinguished between the Parochians of the mother Churches and the inhabitants of Hamblets for concerning the repayre and reedifying of the said Churches and Chapples for other rights and duties chalenged to belong from one vnto the other A third meanes to leavie a treasure Sequestration of the fruits of the Churches of pluralists may further the treasure for the redemption of impropriations for the redemption of impropriations may be a sequestration of the fruites of the Churches of non Residentes and commendames with the fruites of the Churches of the pluralistes and perinde valeres from the which the same plurisied persons are to depart the said sequestration no longer to endure then some able Ministers may be provided placed in the same Churches A fourth meane to rayse this treasure if it please the King and that the church have found favour in his sight may bee the money due vnto the King vpoÌ„ such penall lawes as for the benefite of the commoÌ„ weale are necessarilie to be put in execution especially vpon the law of provision and premunire not pardoued by the Queene And albeit happelie the King vpon a most worthie and christian zeale be well pleased hereafter not to vrge vpon the popish recusantes the paymeÌ„t of their forfeytures for absence from divine service yet because they be able and do daylie contribute to seminaries abroad and be favourers and abettours of popish Priestes and Iesuites lurking at home the most treasonable daungerous enemies that can be to the Kings Person and State in coÌ„sideration heereof I say if it may please the King it seemeth not vnreasonable the lawe standing still in force and vnrepealed that the popish recusants be vrged to the payment of such summes of money as are alreadie forfeyted the same by the commaundement and free gift of the King to be imployed vpon the redemption of such impropriatioÌ„s as are within the parishes of their abodes To the end that learned and preaching Ministers being placed in the same they their wyves children servaunts tenants and dependantes by the powerful preaching of the worde might be converted vnto the Gospell It followeth now in order that wee speak of contributioÌ„ the fourth meanes By what coÌ„tributioÌ„ impropriations may be brought to the vse of the ministerie whereby some impropriations may bee reduced whollie to the vse of the Ministerie Wherein there can not any certeyne rule or direction bee prescribed because it must proceed onlie froÌ„ those whose heartes God shall touch stirre vp encourage willinglie to bring a free offering vnto the Lord for the building vp of his spirituall house For of everie one saith the Lorde whose heart offereth Exod. 25. 2 it freelie yee shall take an offeringe for me And everie one whose heart encouraged him and whose Spirite made him willing and men and women as manie as were free-hearted came and Exod. 35. brought taches and earings and ringes and bracelettes all were iewells of gold and blewe silke and purple skarlett and fine linnen and goates hayre and Rammes skinnes and Badgees skinnes and silver and brasse Shittim wood and Onix stones and Spice and Oyle Everie man and woman I saye whose heartes moved them willinglie to bring for all the worke which the Lorde had Exod. 36. 5. commaunded brought a free offering yea and the people brought too much and more theÌ„ ynough for the vse of the worke of the Lord. King Salomon having 2. King 8. all the Elders the heads the chiefe Fathers and all the men of Israell the Priestes and Levites to bring vppe the Arck and Tabernacle of the Lord offered Beeves and sheepe which could not be numbred for multitude Yea and after these offeringes were made and after the Kinge had prayed that their heart might bee perfect with the Lord their God to walke in his statutes to keepe his commaundementes as at that day the King agayne offered a sacrifice of two and twentie thousande beeves one hundred and twentie thousande sheepe and so was the house dedicated After the returne of the people out of captiuitie certeyne of the chiefe Fathers when they came to the house of the Lorde which was in Ierusalem they gave after their abilitie vnto the treasure of the worke even one and three score thousand drammes of golde and five thousande pieces of silver and an hundred priestes garmentes they gave money also Eâ—â— 2. 2 68 c. to the Masons and to the workmen and meate and drinke and oyle Yea at the exhortatioÌ„ of Nehemiah the Priests the great men the people and the women Nehe. 2. 〈◊〉 that they might bee no more a reproch sett their mindes to the building of the Walls and at their owne charges builded some one gate some another some one doore some another som one tower some another some one portion of the Wall some an other Wherefore seeing we haue not an Ester to succeed our Deborah but a Salomon rather to succeede a David yea such a Salomon as whose heart the Lord hath filled with an excellent spirite of wisedome of vnderstanding and of knowledge to finde out and to dissolve hard curious parables hath put in his heart
to teach and to guide others we rest perswaded in our hearts that the King for his part treading in the steppes of the godlie Kings Princes Governours of Iudah will goe in and out before his people as they did before theirs And that he will rather not eate of the bread nor drinke of the wine of the governoures Nehe. 5. that were before him then that he will not remitt the provisions the seasements the fynes the impositions the amerciamentes that have bene exacted Yea also that he will feede from his owne table an hundred and fiftie Prophetes prepare for them oxen and sheepe and birdes and wine in all abundance because they are come vnto him from amoÌ„g the prelatistes that were about theÌ„ because their bondage hath bene grievous vnto them Yea further also we are 2 Chro. 11. perswaded that he will shake out of his Lapp everie servaÌ„t of his that shall beare rule over his people And thus much of the meanes whereby some impropriations may wholie be reduced to the vse of the Ministerie It followeth to shewe by what meanes other some impropriations may be converted in part to the maintenance of Ministers to be planted in Parochiall Churches now destitute of able Pastoures in case the sayde impropriations by none of the former meanes can be reduced whollie to their first and auncient institution Wherein these two things come principally to be considered First whether it were not convenient How impropriatioÌ„ may be in parte reduced to the Ministery by some wholesome lawe to haue it ordeyned that the Heades Governours Rulers and Maisters of the Vniversities Colledges Cities Townes Hospitalls free Scholes and other bodies politicke and Corporate should not from henceforth demise or sett to farme their or anie of their impropriations or anie of the glebe Lande tythes or other fruites belonging to the same vntill such time as all leases heretofore made bee fullie ended or otherwise determined Secondlie whether it were not convenient to have it enacted by the same lawe that all and everie impropried Church Churches with their glebes tythes and other fruites after the determination of the Leases now in being should be demised and sett to farme onlie to the incoÌ„bent Ministers of the same Churches for terme of their naturall lyves if so long they did continue reseant and faithfullie preach in the same Churches the doctrine of the Gospell according to the articles of Religion concerning Faith and Sacramentes by publick authoritie now established in the Church of England And because by likelihood the Vicares will not bee able to pay fynes or incomes vnto the Colledges Hospitalls and other places and because also it seemeth reasonable that the Colledges Hospitalles other places by some other meanes should be recompenced we leave it agayne to bee considered whether it were not convenient that the Vicars in consideration of non payment of fynes should yeelde in money corne or other provision to the double or treble value of the anicient and vnimproved rentes For mâ—n experienced in these affaires of this life know that the profites arising out of churches appropried vnto the farmours thereof are commonlie sixe eight or tenne tymes more worth by iust estimation theÌ„ are the old rentes payable vnto Colledges Hospitalles other like places And thus we see howe together with the bringing in of these thinges which are required to be planted in the Church impâ—opriations may stande as mens lawfull possessions and heritages or otherwise how without damage or hurt to the King or Realme they may be converted to the vse and provision of the Ministers what soever hath bene insinuated by the Admonitor to the contrarie And yet do I not in anie of these things or of any other thing first or last spoken or to bee spoken desire mine owne advyse and iudgement so to be respected as though I should arrogate vnto my selfe more knowledge then all others which labour in the cause of reformation but onelie I submitte these my private meditations with their reasons to the censures of all wise godlie and learned men HuÌ„blie praying them so to bestir their own wits and so to bestowe their own cunning and learning that a better more easier way by their ingenuousnes may be found out procured to take place And in the meane season that these motions tendered to their vewes may not altogether bee neglected but duly weyed and considered Especiallie for that I haue not tendered any other thing to be performed by any of these meanes vnto any other then such as whervnto I my self to my power yea and beyond my power as far as in me lyeth shall bee readie to yeelde And howsoever the Bishoppes other great Clergie Maisters with their statelie favourites may preteÌ„d some part of this devyse to be an hinderance of learning and other some parte not to be for the Kings profite yet to the first we answere brieflie that learninge is not so much furthered by a few great rewardes provided for a few great learned men as it is by many good rewardes appointed for many good learned men as hereafter more at large in a more convenient place is declared Touching the Kinges profite we affirme that it is not onelie most profitable but also most honorable for the King to haue a multitude of loyall vertuous and godlie subiectes And that such manner of subiectes can by no meanes better be procured then by a continuall preaching Ministerie of the worde to bee planted in everie parish of the Kings Realmes And because no man better knoweth the reciprocall dueties betweene a Christian King and christian Counsellers we leave the discerning of the spirites of these profite preachers to the triall and iudgement of our most Christian King whom if he shall finde either by flatterie to fawne vpon the Kings profite or by labouring to keepe the King in a good opinion of thinges amisse we most huÌ„blie beseech the King to accept them and rewarde them for such as could wishe in their heartes the King should rather be impoverished by having many bad vnprofitable subiectes then that them selues would not be enriched by enioying manie good and profitable impropriaons As for the Lawes whereby Patronages do stande as mens lawfull possessions and inheritances which as the Admonitor saith must also be taken away how the same lawes may still endure or by consent of Patrones be altered without their damage if God permit when we come to speake of the election of Ministers wherein the reformers are charged with the hurling and thrusting out of patrones shal be declared Admonition The lawes of England to this day haue stood by the authoritie of the Pag. 78. three estates which to alter now by leauing out the one may happely seeme a matter of more weight then all men doe iudge it Assertion Not to stand vpon termes with the Admonitor that the lawes vsually called the common lawes of the lande being meere customary lawes
Realm though that thorough sufferance and negligēce any thing should at any time be attempted to the cōtrarie For whereas before the statute of Caerlile the Bishoppe of Rome had vsurped the Seignories of such possessions and benefices as whereof the Kinges of the Realme Earles Barons and other Nobles as Lords and Avowes ought to haue the custodie presentements and collations King Edward the first by the assent of the Earles Barons and other Nobles of all the communaltie at their instancies and requestes and without mention of anie assent of the state of prelacie in the said Parleament holden at Caerlile ordeyned that the oppressions greevances and damage susteyned by the Bb. of Romes vsurpation should not from thenceforth be suffered in any manner And for as much as the greevances and mischieves mentioned in the said Act of Caerlill did afterward in the time of K. Edward the thirde daylie abound to greater damage and destruction of the 31. Ed. 5 sta of heering 36. Ed. 3. c. 8. Realme more then euer before and that by procurement of Clerkes purchasers of graces from Rome the sayde King Edward the third by assent accord of all the great men and cōmons of his Realme and without mention of any assent of Prelates or Lords spirituall having regarde to the saide Act of Caerlile and to the causes conteyned in the same to the honor of God and profit of the Church of England and of all this Realme ordeyned and established that the free elections of Archbishopps Bishoppes and all other dignities and benefices electiue in Englande should holde from thenceforth in the manner as they were graunted by the Kings progenitors and founded by the Ancestors of other Lords And in diuers other statutes made by King Ed. the third it is said that our Soveraigne Lord the King by the assent of the great men and all the cōmons hath ordeyned remedy c. That it was accorded by our Sovereigne Lord the King the great men and all the commons that the Kinge chieflie 8. Edw. 3. 〈◊〉 statute of Provisours desiring to susteyne his people in tranquillitie and peace and to governe according to the lawes vsages and franchises of his lande by the assent and expresse will and accord of the Dukes Earles Barons and the commons of his Realme and of all other whom these things touched ordeyned that all they c. By which desire of the Kinge and wordes of the Act wee learne that our Sovereigne Lord Kinge IAMES may susteyne his people in tranquillitie and peace and governe accordinge to the lawes vsages and frāchises of his kingdome though the assent and accord of Prelates bee never required to the enacting of anie statute in Parleament Nay such hath bene and yet is the power of The king with the assent of the Nobles and commons may repeale Statutes without cōsent of Prelates 15. Ed. 3. the King that with the assent and accord of the Nobles and commons hee hath authoritie to adnull and make voyde even those Actes which in favor of Prelacie and assent of Prelates haue bene enacted in Parleament As by an Acte made in the time of King Edwarde the third is plainlie to be seene For whereas the Kinge by assent of the Prelates Earles c. had willed and graunted for him and for his heyres certeyne articles firmelie to be kept and holden for ever namelie that the Ministers of holie Church for money taken for redemption of corporall penance nor for proofe accompt of Testaments nor for solemnitie of Mariage c. should not be impeched c. before the Kinges Iustices nevertheles the same Kinge in the same yeere with assent of the Earles Barons other wise men of the Realm and without assent of Prelates revoked and adnulled the same articles againe Againe King Richard the second hearing the complaints of his faithful liege 3 Ric. 2. cap. 3. people and by their clamour in diuers Parleamentes of divers abuses crept in against the solemne and devour ordinations of Churches c. at the request 7 Ric. 2. cap. 12. complaint of the Commons by the advise and common assent of the Lordes temporal without mētion of any Lords spirituall is said to haue ordeined That none of the Kinges liege people c. should take or receive within the Realm of England any procuracie c. And in the eleventh yeare of of the same same Kings reigne it is specially provided that the appeales pursuits c. made given in the same Parleament be approved affirmed stablished as a thing duly made for the weale and profit of the King and of all the Realme notwithstanding that Act Mo. Rich. 2. the Lords spirituall and their Procurators did by protestatiō absent them out of the Parleament at the time of the said iudgment given And the like protestation being made by the Prelats Clergie at a Parleament holden the thirde yeere of the same King it was replied for the King that neither for their said protestation or other words in that behalf The King bound by his oth to do his laws to be made though prelates protest against him the King would not stay to graunt to his Iustices in that case and all other cases as was vsed to be done in times past and as he was bound by vertue of his oath at his Coronation By all which premises it is as cleare as the sunne shining at noone day that the Lordes spiritual bee so far from making any one of the three Estates as that if it please the King they may not be so much as any member or part of any of the three Estates at all If in the time of King Henry the eight the Lords spirituall being then more in The Lords spiritual no principall members of the Parleament otherwise then as the King pleaseth number then the Lordes temporall had bene but such principal members of the high Estate of Parleament as without whō neither law could haue bin made Monasterie nor Priorie might haue ben dissolved what could the Kinge haue done as Head and the Commons haue done as feete and the Nobles haue done as the Heart the Liver and the Longes to the dislording and discloystering of the Abbots and Priours the Monkes and the Friers of those dayes In case the Prelates with their armes and with their shoulders with their handes and with their hornes had heaved and shouved had pushed and thrusted to the contrarie But to come nearer vnto our owne times and remembrances if it can not be proved that anie one Lord spirituall No Lordes spiritual present in parleament 1 Eliza. was present in Parleament or gaue anie assent to the enacting of statutes made in the first yere of the Queenes Maiesties raigne deceased but that it be a cleare case that the auncient iurisdiction preheminences rightes and priviledges of the Kinges Crowne were restored that poperie and superstition was banished the doctrine of the
the Lordes temporall whether the Lordes spirituall would or no. And that contrary to the expresse decrees canons of the church of Rome And thus much the most reverend and godly Father Maister Iewell Bishop of Salisbury wherefore to conclude this point against the Admonitors position I dispute thus All those persons who by any necessity are none of the three estates and by whose authorities the statutes of England to this day haue not stood to leaue out the same persons may happely seeme a matter of lesse weyght then all men doe iudge it But the Archb and Bb. are such persons as by necessitie are none of the three estates and by whose consents the statutes of Englande to this day haue not stood Therefore to leaue out the Archb and Bb. may happely seeme a matter of lesse weight then all men doe iudge it If our Evangelicall Bishops be of that opinion of which the Popish Bishops were viz that the house of Parleament is an vnfit an vnmeete place to haue the holie cause of the religion of God debated and concluded vpon and that the Layitie without the Clergie ought not to conclude any thinge in religion that in respect hereof their presences their voyces and their assents are necessarie in the Parleament If our Evangelicall Prelates I say make this obiection then besides that hereby they vnseemely vnmannerly vnchristianly accuse the whole land of ignorance and blindnes in religion supposing neither King nor Nobles nor Commons to be able to discerne betwene night and day besides this I say so shamefull an abuse of a whole Christian nation I would pray them to remember what the most reuerend Fathers Maister Pilkington Maister Iewell haue aunswered to such cavillous slaunders For what els intended they by many examples proofes brought for the Parleamentes of England consisting of the King the Nobles and the Commons to be lawfull Parleaments and to haue right to establish religion but to iustifie against Popish scoffers that religion might be receyued established in Parleament notwithstandinge the absence or exclusion of the Clergie Besides since our lawes do vphold the state authoritie of the Convocation Matters of religion not concluded in Parleament before the same bee consulted of in conuocation house for the examination of all causes of Religion surely it can not be truely averred that it is necessarie for Evangelicall Bishops to be members of the Parleament house least controversie of religion should be handled and discussed without them For how should any matter of religion bee concluded without them in Parleament when first of all the same is to be argued among them selves in convocation or let them hardely if they can shew any one instance of any change or alteratiō either from religion to superstition or from superstitiō to religion to haue bin made in Parleament vnlesse the same freely at large haue bene first agreed vppon in their Synodes and Convocations And what booteth it then to haue a double or treble consultation and consent of Archbishops Bishops in Parleament Is the holy cause of God any whit bettered by their Bishops riding from Paules to Westminster Or can it receiue any more strength by their walking from Westminster Church to Westminster Pallace Nay it hath bene oftentimes so farr from being promoted by their Bishops as not onelie in their convocations but also in the Queenes Parleaments the same hath ben shamefully intreated and taken the foile as may witnesse the bill for the better observation of the Sabboth 27. Eliz. which beeing passed by both houses of Parleament was notwithstanding gainesaid withstood by none so much as by certayne Evangelicall Bishops which as there all men generallie conceaved was onlie stayed from being made a law by the Queene vpon their counsell and perswasion Admonition It hath bene alwayes dangerous to pick quarels against lawes setled Pag. 78. Assertion And is it not morbus hereditarius in Steuen Gardeners argument and the Admonitors argumēt in effect one Prelates to picke quarrels against reformation of errours For even this did Steven Gardener reason against the Lord Protector That in no case sayth Steuen Gardener is to bee attempted of the Lord Protector which may bring both danger to him and trouble to the whole Realme But innovation of Religion from that state wherein King Henry left it may bee and is like to bee dangerous to the Lord protector to breed troubles to the whole Realme Therefore innouation of Religion from the state that King Henry left it is in no wise to be attempted And even of this stāpe of this streyne is the argument of picking quarrelles against lawes settled for thus in effect he argueth That Discipline in no case is to bee brought into the Church by the Kinge Parleament which may be dangerous to lawes setled But to bring into the Church the Apostolicall discipline may bee dangerous to lawes setled Therefore the Apostolicall Discipline in no case is to bee brought into the Church by the King Parleament But forasmuch as that noble and religious Lord Protector notwithstanding Steven Gardiners sophistrie continued constant and couragious in the abolishment of Poperie and superstition which King Henrie left did without dangerous alterations of lawes then settled innovate religion How much more now may the Kings Maiestie the Lesse dāger to reforme the Church by newe lawes then to continue corruptiō by old lawes Lords and Commons in Parleament attempt with effect an innovation of that state of Ecclesiasticall goverment wherin the Queene left the Church And if it can not be denied but it had bene farre more daungerous for the Realme and for the Lord protector not to haue setled the holy doctrine of the everlasting Gospel by new lawes then to haue mainteyned and continued antichristianitie by old lawes how should it bee lesse danger for the King in these dayes to continue corruptions in the Church by tolleration of old lawes then to haue the same corruptions reformed by establishment of new lawes But vnto whō or vnto what hath it bene daungerous to picke quarrelles against lawes setled What Hath it bene dangerous to lawes setled No. For how should lawes setled be indangered by quarelers sithence quarellers are euermore in daunger of lawes settled Or hath it bene alwayes dangerous for a King for a State for a people or for a Countrey to picke quarelles against lawes setled No. For what man is he or what face carieth he that dare vpbrayde a Countrey a people a State or a King minding to vnsetle evil lawes euill customes to be quarelers against lawes setled Let it then onlie be daungerous for private persons vpon private malecontentment to picke quarelles against good lawes wel rightly setled and let it not be hurtfull or dangerous for supreame Kings powers and Principalities by publicke edicts to alter evill lawes evilly setled For to what other end should evill lawes evilly setled
be continued but to continue evill And what a thing were that This argument then for lawes setled being the sophisme of that Fox Steven Gardener is but a quarelsome and wrangling argument Admonition If this goverment whereof they Pag. 7◠speake be as they say necessarie in all places then must they haue of necessitie in everie particular parish one Pastor a companie of Seniors and a Deacon or two at the least al those to be found of the parish because they must leaue their occupations to attende vpon the matters of the Church But there are a number of Parishes in England not able to finde one tollerable Minister much lesse to find such a companie Assertion This argument seemeth to be drawne from kitchin profite and is but a bugbegger to scarr covetous men from submitting their neckes vnto the yoke of that holy Discipline which our Savior Christ hath prescribed and which the Admonitor himselfe confesseth to haue bene practised by the Apostles and primitive Church And yet because this argument seemeth to lay a very heavie burden on mens shoulders such as is impossible to be borne it is an argumēt That Seniours Deacons should be found at the charge of the Parish is absurd worthy to bee examined though in it selfe the same be very vntrue absurd For who did ever fancie that a Pastour a company of Seniours and a Deacon or two at the least should be men of occupations or that they should be all found of the parish because they must leaue their occupations to attend vpon the matters of the Church Why there be many hūdreths of parishes in England wherein there dwelleth not one man of an occupation And what reason then or likelihood of reason was there to father such an absurd necessitie vpon the Church As for the necessitie of having one Pastour in every particular parish and of his finding by the parish because it is his duety to attend vpon reading exhortation doctrine although he be no man of occupation this I say is agreable consonant to the goverment of the church practised by the Bishops And therefore in the finding having of one Pastour in every parish they and we differ not But that men of occupations onelie should bee chosen Seniours and Deacons in every parish or if Seniours and Deacons were men of occupations in any parish that they should bee all found of the parish wee vtterly disclayme as an absurditie of absurdities And yet wee deny not but in Cities and great Townes wherin for the most part men of trade do inhabite that Seniours Deacons must of necessitie be men of occupations Vnlesse then an occupation must of necessitie hinder men from being faithfull religious godly men there is no reason to inforce that mē of occupations in Cities and great townes should not be chosen Seniors and Deacons And as for Countrey parishes What kinde of mē ought to be chosen Seniours Deacons wherein either verie fewe or no men of occupations doe reside this obiection is altogether idle In which parishes also we affirme that men of greatest gravitie integritie wisedome faith and godlines ought to be chosen Seniours and Deacons And we doubt not but all such men as whom we intend ought to bee chosen Seniours and Deacons whether dwelling in Cities Townes or in the Coūtrey would be as readie as willing and as watchfull prudentlie to imploy them selues hereafter in matters of the Church as now either them selues or their equalles are busied in matters of their corporations or common weale without anie maner of contribution to be yeelded towards their finding When the people of Israell were commanded to pay their tythes first fruites and other oblations vnto the Priestes Levites for their attendance and service in the Sāctuarie we doe not reade in the whole booke of God that they were inioyned to be helpers and cōtributors to the reliefe and sustentation of the Captaynes over thousands of the Captaines over hundreds nor of the Elders Governours placed Citie by Citie for the affaires of the King And therefore sithence we haue neither precept nor president that all the officers of the church should bee founde at the costes of the Church and sithence also as well in Coūtrey parishes as in Cities townes to the prayse and glorie of God be it spoken we haue many able wealthie substantiall persons who haue giuen their names vnto Christ what necessitie is there that any such Seniours and Deacons should be elected as haue need to be relieved and supported by a common purse And had the Admonitor wel and advisedlie pōdered that our Church Church wardens side men are not found at the chardges of the parishes Wardens side men who carie a semblance of governing Seniours that our collectors also for the poore who iustle out the Deacons being all of them men of occupations poore husbandmen or day labourers and being not founde of the parish are notwithstandinge oftentimes in the yere troubled and turmoyled from one end of the Diocesse vnto the other and that which is more from attendance vpon their day labour husbandrie and occupations to weight and to attend not vpō matters of the church but vpon money matters perteyning to the officers of the Bb. Consistorie Had he I say wiselie and sincerelie considered these things he would certeinlie not once haue mencioned this so sillie and simple a suggestion But quite cleane to cutt of at one blow all the skirtes of the coat of this sillie bulbegger that the verie buttockes of it may bee bare and that the church may see there is no such burdensome charge to bee layde vpon her as is feyned the graue and godlie iudgement and policie of King Edward The iudgemēt of King Ed. the sixt cōmissioners touching Elders and Deacons the sixt his Commissioners authorized to compile a booke for the reformatiō of lawes ecclesiasticall according to an Act of Parleament in that behalfe provided shall rise vp for vs and pleade the trueth and equitie of this our sayinges The Commissioners names were these viz. The most reverend Father Thomas Crammer Archbishoppe of Canterburie Thomas Bishoppe of Ely Richard Cox the Kings Almoner Peter Martyr professor of Divinitie William May Rowland Taylor Doctors of the Lawe Sir Iohn Cheeke Iohn Lucas Richard Goddericke Maister Hadon and others All Titul de diuiois officijs cap. 10. fol. 45. which reverend learned and religious men as with one voyce accord speak one thing so thus and thus they speake Evening prayer being finished wherevnto all shal be attēdant after sermon in their owne Churches the chief minister whom they call Parochies and the Deacon if happely they shal be present or they being absent let the Ministers Vicars and Elders lo the Archb. of of Cāterburie afterwards a godlie Martyr and Bishoppes can skill of the name of Deacon and Elders with the people conferr about the money put apart to
carefullie vse this his freedome And therefore he may not wholy and altogether put from him selfe and expose at haphazard the provision education instruction dieting appareling and lodging of his wife his sonnes his daughters and his servaunts vnto strangers neither may Husbandes Fathers nor Maisters giue their consent to the making of anie lawe or the bringing in of anie custome whereby their freedomes should be restreyned adnihiled or made voyde in this behalfe For by thus violating the rules and grounds by thus treading as it were vnder foote the equitie of Christ and the freedome they haue by the lawe of God should they not most prophanelie and impiouslie despight God and as it were over turne the whole order he hath set in nature And if the people may not cast off these rules and these groundes this equitie and this freedome in thinges apperteyning to this frayle bodily transitorie and earthlie life howe much lesse may they cast them off or sett litle by them in things apperteyning to the salvation of their soules and to a durable spirituall everlasting and heavenlie life But the peoples right to choose their Obiection that the peoples right did neuer depend vpō the expresse commandemēt of God Bishoppes did never depende vpon the expresse commaundement of God neither can the people chalendge by Gods law the right to chose their Bishoppes I meane saieth he no such thinge is expressed and conteyned in the Scriptures What then if it doe depend or bee conteyned vnder the generall groundes and rules of reason nature christian equitie christian societie principles of humane fellowshippes the law of God the practise of the Apostles and that which was from the beginning Is it not sufficient Though it bee not expressed in these termes viz That the people must chose or that the people haue right to choose their Bishoppes It is not expressed and conteyned in the scriptures that everie man must choose his owne wife or that everie woman must choose her own husband And yet by the doctrine expressed or conteyned in the scriptures is it true that no man hath right either to choose an other mans wife or to choose an other womans husband And that everie man hath right to chose his owne wife and every woman right to choose her owne husbande Againe it is not expressed and conteyned in the scriptures that infantes must bee baptized Neither is it expressed and conteyned in the scriptures that the Bishopp of Lichfield must haue but one wife Yet because it is conteyned in the scriptures that God in the beginning brought but one woman vnto one man and gaue to one woman but one husband I assure my selfe it wil not be denied but that the Bishops must and doth content him selfe with one wife and that every Christian ought to bring their children to be Baptized Besides if Maister Bilson distinguish Bishops in England from Pastors in England and Arch-Bishops in England and Pastours in England two severall orders and degrees of Ministers in the Church of England then I graunt that it is neither expressed nor cōteyned in the Scriptures that the people must choose their Bishops in England And why but because the Scriptures having put no difference betwene Bishops and Pastours knowe no such Bishops as wee haue in Bishopps in England are only Bishops by the Kings grace not by diuine institution England And therfore Bishops in England being Bishops only by the Kinges grace and not by divine institution and ordination as Pastours in Englande be hence is it that the Kings of England by their prerogatiue Royall and not the people by the rule of Scriptures haue chosen their Bishops in England And for this cause also was it that Kinge Henry the eight with advise of the Parleament did reassume the nomination appointment investiture cōfirmation of his Kingly Bishops from the Pope As for the nomination of Pastoures having cure of soules in parishes otherwise Pastors in parochiall Churches were neuer placed by the King as Bb. are in their Bishoprickes then all patrones by right of patronage doe giue presentmentes their choyse institution translation or deprivation the Kings of Enland by their regall power never yet hetherto tooke the same vpon them And if the Kinges of England by any fact or by any law did never take away the right interest and freedome from the people in choosing their Pastours what right other then by vsurpation can the Bishops haue to impose or thrust vpon the people Pastours without their liking But by custome and consent the people haue restreyned them selves Herevnto if it were not already sufficiently answered that the people could not lawfully restreine them selves yet Maister Bilson him selfe answereth That the late Bb. of The people lost their cōsent by cursing fighting of the Popes Rome neuer left cursing fighting till they had excluded both Prince and people and reduced the electiō wholy to the Clergie By cursing and fighting then haue the people bene overruled and excluded and not by custome or consent haue they restreyned them selues Yea by vertue of this cursed fight onely doe the Bishoppes of Englande at this day exclude both Prince and people from medling in the choyse of Pastoures For by authoritie of the canon law made by those late cursing and fighting Bishopps of Rome the Bishoppes of Englād haue the sole ordination and placinge of Pastours over the people And from hence also is it playne that the peoples right was not by their default or abuse relinquished and forfeyted For then then late Bishoppes of Rome needed not to haue cursed and fought for it And now whether it bee not meete that the Lord Bb. professing them selues to bee Christian Bishoppes should still reteyne in their handes and not restore vnto Christian people the possession of their Christian equitie and freedome extorted from them by the cursings and fightinges of antichristian Bb. I leaue it to the consideration of the reverende Bishoppes them selues Touching the mischieves and inconveniences of schisme troubles strifes contentions so often inculcated and so much vrged and excepted against the election of the people there is no man able as I thinke to produce any one pregnant proofe out of any auncient or late Historie that any Kinge or Soveraigne power hath interposed any supreame authoritie to appease any discord or dissentiō ensuing or raised vpō the bare choise made of any meere Parochiall Pastour by any faithfull and Christian people The schismes strifes and factions that were raysed in the old Schismes contentions spring from schismaticall and proud clergy maisters Churches sprang out and flowed onely from the heads and fountaynes of those schismes strifes factions and namely from proud ambitious and hereticall Bishops and great Clergie maisters For they being infected and poysoned with the contagion of schisme and heresie having sowred the mindes of their Disciples with the leaven of their hereticall doctrines no merveile if the people
became followers of the evill maners of their teachers and no merveile if they verified the proverbe Like Maister like Man like Priest like People Eustatius Bishop of Antioch being a Sabellian hereticke Socr. lib. cap â—8 was deposed by the Counsell of Antioch after whose deposition a fiery flame of seditioÌ„ was kindled in Antioch because one sort of the common people sought to translate Eusebius Pamphilus from Caesarea to Antioch some other would bring againe Eustatius Eusebius Bishop of Nicomedia and Theognis Bishop of Nice beeing both Arians with their coÌ„federates raised skirmishes Socr. lib. 2. cap. 2. and tumults against Athanasius After the death of Alexander Bishop op Constantinople about the electioÌ„ of a Bishop there was greater sturre then ever before time and the Church was more greevously turmoyled The people were devided into two parts the one egerlie set with the heresie of Arius claue to Macedonius the other cleaved very coÌ„stantlie Socr. lib. 2 cap. 4. to the decrees of the Nicene Counsell and choose Paulus to bee their Bishop The cause of division among the Citizens of Emisa about the election of Eusebius Emisenus was for that he was Socr. lib. 2. cap. 6 charged with the studie of the Mathematickes and accused of the heresie of Sabellius After the death of Eusebius when the people of Constantinople had brought againe Paulus to be their Bishop the Arians chose Macedonius The authours and chiefe doers in that sturre were certaine Arian Bishops who before ayded Eusebius that turned vp Socr. lib. cap. 9. side down the whole state of the church These and sundry such like sturres discords factions dissentions are found to haue bin raised pursued by schismaticall and heretical Bishops their favourites followers in the olde Churches but that these or the like mischieves and inconveniences can be proved to haue fallen out by the election of parochiall Pastours in the olde churches we deny And why then should not the interest and freedome of faithfull Christian people wrested from them by cursings and fightings of faithlesse and antichristian Popes be restored to them againe And the cause ceasing why should not the effect likewise cease And therefore we humbly intreate the Lords Bishops that against the grounds of reason and nature against Christian equitie A request to the reuerend Bishoppes and society against the right freedome of the lawe of God against the principles of humaine fellowshippes against that which was in the beginning and against that which the Apostles left in the Churches by colour of lawes brought into the Church by the cursings and fightings of the late Romane Bishops they would not hencefoorth barre seclude the Kings Christian and faithfull people from giving their consents vnto their Pastours Yea and we further beseech their Lordships that as schollers vnto the Apostles and as servants vnto the olde way of reason of nature of the law of God of the equitie of Christ and of humane societie they would hereafter imbrace that way which was from the beginning which is the old way and the best way and not any loÌ„ger persist in a cursed and quareling way which is the new way and the worst way But if the Lordes spirituall A supplication to bee King by the Lords and commoÌ„s for the restitution of their right in the choyse of their Pastors of their owne accord shall not readily voutchsafe to yeelde vnto vs this our right at our intreaty then for my part I will briefly shew mine opinion what were expedient for the Lords and commons in open Parleament dutifully to pray and to supplicate at the Kings Maiestes hande Namely At the humble petitions and supplications of all his Lords temporall and Commons in Parleament assembled his Maiestie would be well pleased to giue his Royall assent to an Act to be intituled An Act for the restitution of the auncient right and freedome which the people of God in the old Churches had and which the people in England ought to haue in to or about the election of their Pastours and abolishing all papall power repugnant to the same For if as it is plainlie confessed the people of all Churches haue right and freedome by the law of God by the equitie of Christ by the grounds of reason and nature by the principles of humane fellowshipps and by that which was from the beginning to elect their Pastours and if also the same right and freedome being left to the old churches and especially to the Church at Ierusalem by the Apostles haue bene taken away by the cursings and fightings of the late Bishoppes of Rome then can not the people without violatioÌ„ of those lawes rules grouÌ„ds by any Episcopall power bee anie more excluded from their said right and freedome then could or might the ancient iurisdiction of the Crowne of England haue bene still vsurped by the Pope froÌ„ the Kings of Englande Admonition But alas the common people of Englande thorough affection and want of right iudgement are more easily wrought by ambitious persons to giue their consent to vnworthie men as may appeare in all those offices of gayne or dignity that at this daye remayne in the choyse of the multitude Assertion The Admonitor in one place of his admonition telleth vs that he must not put all that he thinketh in writing and yet he writeth in this place that thinge which might farre better haue bene vtterly vnthought then once written For could he thinke to winne the common people of England to a continuall good liking of high and stately Prelacie by vpbrayding and charging them to their faces in a booke dedicated vnto them with affection and wantinge of right iugement Was this the way to procure grace favour and benevolence at their handes And albeit this slaunder deserued rather to haue bene censured by the Commons in Parleament then by confutation to haue bene answered yet for the better clearing of the right iudgement of the common people givinge their consents to most worthie men in all offices of gayne or dignitie remayning in their handes I thinke it necessarie to shew the indignitie of this contumelie There be I confesse in London Yorke Lincolne Bristow Exceter Norwich Coventry and other principall Cities and Townes corporate Mayors Sheriffes Stewardes Recorders Baylifes ChaÌ„berlaynes Bridge-maisters Clerks Swordbearers Knightes Burgeses and such like offices some of dignitie and some of gayne but that the officers of these or any other places whether of dignitie or gaine be chosen by the multitude of those places is vtterlie vntrue for onely accordinge to their auncient customes priviledges and Charters by the chiefe Citizens Townsmen and Borough-maisters are those officers chosen The number also of which Electors in all places is not alike In London the Aldermen choose the Lord Mayor In other Cities and Townes sometimes eight and fortie sometimes fourteene sometimes twelfe sometimes only such as haue born office as Mayors Sherifes or Baylifes in the same places
The practise and pollicie then nowe in vse is after this and this manner The Bishoppe oftentimes at his pleasure beside the lawe nay rather against the expresse letter of the law and publike Canons of the Church not onely ordeyneth Ministers alone without assistantes of such number of Ministers as is required but he also ordeyneth them for the most part when there is no place of ministration Inconveniences of Bishoplie ordination are these pestering of the churches with vnlearned Ministers Vnlawfull gaine for letters of orders the breach of many good lawes voyde Now the budds which to the grief of many godly men and to the obloquie of the Professors of the gospell haue sprong from this manner of ordination haue bene these viz The publique breach of many good lawes the pestering of the Church with multitudes of vnable Ministers togither with much vnlawfull gaine by immeasurable exaction of money for letters of orders For it can not bee denied but the Bishopes Secretarie Gentl. -vsher grome of his chamber Butler Pantler Porter and other the Bb. menialls besides his owne his Registers fees his Clerke for expedition doe vsuallie all or most of them chalenge receyue fees some more some lesse before the poore Minister with his box of orders can be suffered to passe by the Porters lodge these are the fruites of the Bb. sole ordination The suites which haue growen daylie doe growe by the Patrones presentation Suites betwene the Patrone the Bishop to the Bb. haue bin and are these Sometime contention suite in law betwene the Patron and Bishopp for disallowing the Patrones Clerke for non abilitie or as being criminous Sometime if two Patrones pretend right of patronage if one of their Clerkes be instituted the other reiected as necessarilie it must Suites betwene Clerk and Clerke come to passe for one wyfe can haue but one husbande then followeth suite at lawe betweene the Clerke refused and the Clerke admitted wherein also the B. is made a partie by a writ of quare impedit Suites betwene the Bishop and the Clerke sometime suite falleth out betweene the Clerke presented and the Bb. when the Clerke calleth the Bb. by a double quarrel before the Archb. for not grauÌ„ting institution and sometime also likewise debate is moved law attempted betweene the Clerke instituted and the Suites betwene the Clerke and Archdeacon Archdeacon who knowing the church not to be vacant refuseth to execute the Bb. inductorie mandat For many times vpon pretence that the Church standeth voyd being in deed ful the Patron vpoÌ„ suggestion graunteth a presentation and the Bb. also institution whiche if the Archdeacon refuse to execute then besides the discord betweene the Bb. the Archdeacon for coÌ„tempt of the Bishops mandat he who pretendeth title by vacancie Suites betwene the Bishop and the Archdeacon thinking to haue right though a reall incombent be in possession bringeth their two titles to be tried in the ecclesiasticall Court but before the matter caÌ„ be finallie senteÌ„ced by that Court many foule riotts breaches of the Kings peace vnlawfull assemblies vpon entries Riots and breaches of the Kinges Peace and keeping possessions doe ensue as was wel inough latelie knowen in the case betweene Rogers and Baker for the title to the Parsonage of Barby in the Countie of Northampton Howbeit let it bee supposed that none of these variances in law fal out betwene the Bb. and the Patron betwene the Bb. and the Clerke betweene the B. and the Archd. betwene the Clerk the Archd. and betweene Clerke Clerke the exaction notwithstandinge of vnlawfull gaine for fees of letters of institution fees vsuallie payable to the Bb. his Officers as aforesaid for fees of the Archd. induction his Register his Clerk his Apparators fees the vnconscionable exactioÌ„ Vnlawfull fees for letters of institution c. I saye of these vnreasonable fees may seeme to be a conscionable motiue to cause better things theÌ„ these without daunger to be attempted innovated And yet these are uot all the bad eventes that happen and fall out vpon the presentation institution and inductioÌ„ now vsed But by the interest wherby the Bb. challengeth to be custos Ecclesiarum there happen as badd if not worse then these For there is no sooner a Church voyd but a post is sent in all haste with Vnlawfull fees for letters of sequestration letters of sequestration to sequester the fruites to the vse of the next incumbent Which next incuÌ„bent for the great care taken to preserve the fruites to his vse before he can obteyne to be put in reall possession must pay x. shill or a marke or more for those letters of sequestration with as much more also for letters so called of relaxation besides ij peÌ„ce iij. pen. or iiij peÌ„ce a mile for portage to the Somner And from hence is the Patrone as I take it verie much iniuried For he being as it appeareth by the statut of 25. of King E. 3. Lord Avower of the benefice ought to haue the custodie and possession thereof during the vacancie Besides many times wilfull periuries are committed by the Clerke and Periurie by the Clerke and robberie by the Patrone manie times sacrilegious robberies are perpetrated by the Patrone The Clerke when he sweareth that neither directly nor indirectly any compact promise bande or agreement hath bin made or passed by him for him or in his name to the Patron many times for sweareth him selfe And if the Clerke be presented to a Vicarage then the Bishop if hee Every Vicar sweareth or ought to sweare to be resident be faithfull to the law sweareth him to bee resident vppon the same Church Which oath notwithstanding is afterwards broken when as the same Vicar accepting an other benefice and retaining withall the former by purchase of a dispensation betaketh him selfe to be resident vpon his second benefice and so by nonresidence from his first Vicarage committeth periurie Touching the Patrons robbery thus it is and thus Patrones robberie many times hath it fallen out The Patron when at the handes of two three or moe such periured Clerkes he hath time out of minde possessed the mansion house or gleebe-lande of the Parsonage finally in time spoiled the Church both of the house and glebe-lande the glebe-land being often intermingled with his own inclosed grouÌ„ds he possesseth theÌ„ as his own inheritance and in steed of the Parsonage house eyther he buildeth an other new or ells hireth some cottage or farm-house for the Parson and his successors to inhabite in These abuses we see are many and yet besides these coÌ„tinuing at this day in the goverment established there remayneth Chopping of benefices despensations c. others as foule as grosse as any of the rest which is the too too inordinate and licentious chopping and chaunging of churches from Minister to Minister for dispensations coÌ„mendâ—mes
perinde vares pluralities non residencies wherin not the people to be taught but their owne backes and bellies to bee clothed and fedde is wholy respected Now theÌ„ that this manner of goverment wherin the afore specified and the like discoÌ„modities daylie fall out vnder colour of not diminishing the Kings prerogatiue of not altering lawes setled of not attempting dangerous innovations of the preserving of the right of Patrones Bb. and Archd. should still be continued without any mention or remembrance to be once had of their discontinuance especiallie in the time of peace vnder a Christian Magistrate and in a state as he sayeth reformed wee humbly leaue to the wise and mature deliberation of our most Christian King and State in Parleament And we most humbly beseech the King State that indifferentlie freelie and largelie it may be argued SupplicatioÌ„ to the Kinge and State in Parleament heard and examined whether it be possible that the tenth parte of these or anie other the like disorders corruptions grievances can possibly fall out in the church by that platforme of Discipline which is required to be planted And to the end that the Kings Maiestie and the State might rightlie and perfectlie bee Petition ordinatioÌ„ c. of Ministers or Pastours howe the same may be made without Bb. or ArchdeacoÌ„s not disagree able to divers lawes alreadie setled informed and resolved of those pointes whereof we now speake viz of the petition ordination election presentation and admittance of every Parochiall Pastour to any church with cure of soules how the same may stand and not be disagreeable to diuers lawes alreadie setled and in force it is requisite that the substance of these thinges in this place bee intreated of wherein against the base office meane person of the Archdeacon we oppose the Royall office most excellent person of the King against the immoderate office and stately person of one lordly Bishop we oppose the meeke and teÌ„perate cariage of a Senat or Presbyterie of many wise learned and grave Ministers togither with a Reverend assemblie of the Ancientes and chiefe Fathers of every Church destitute of a Pastour As for the Patrones right wee are so far from diminishing any iotte of the true right which by laws setled he ought to haue as that he shall quietlie possesse his interest and that with lesse trouble and expence yea and with greater priviledge then he did before Thus therefore touching the office and person of the King the duetie of the Presbiterie people the right of the Patron and the person of the Minister to bee ordeyned thus and thus we saye and thus and thus as we think may our sayings well stand with lawes setled By an Act primo Eliz. c. 1. the King hath ful power and authoritie by letters pateÌ„tes vnder the great seale of England when and as often as need shall require as he shall thinke meete and coÌ„venient and for such and so long time as shall please his H. to assigne name authorize such person or persons beeing naturall born subiectes as his Maiestie shal thinke meete to exercise vse occupie exequut vnder his H. all manner of iurisdictions privileges and preheminences in any wise touching or concerning any spirituall or ecclesiasticall iurisdiction within this Realme of Englande Agayne by the booke of ordeyning Bishoppes Priestes and Deacons it is prescribed that the Bishoppe with their The Bb. Priests must lay on their hands Priestes shall laye their handes severally vpon the heads of everie one that receaveth Orders that every one to be made a Minister must be of vertuous conversation and without crime sufficientlie instructed in the holy Scriptures a man meete to exercise his ministerie duelie that he must be called tried and examined that he must bee presented by the Archd. and be made openly in the face of the Church with prayer to God and exhortation to the people And in a statute made 21. of King H. 8 it is affirmed That a Bishoppe must haue sixe The Bishops must vse six Chapleines at giuing of orders Chapleines at giving of orders Besides by an ancient and lowable custome the Parishes and Parish Churches within every Archdeaconrie remayne vnto this daye distributed into certaine Deanries Every Archdeacon devided into Deanries amoÌ„g the Ministers of which Deanries the Parson or Vicar of the auncientest Church commonly called the Mother Church of the Deanrie vnles by consent some other be chosen by the Ministers them selues hath the first place and is the chief director and moderator of whatsoever things are propounded in their Synodall meeting which Minister also is called Archipresbiter or Decanus curalis according to the appellation of the chief Minister of the mother or chiefe church of that Diocesse who is called Archipresbiter or Decanus cathedarlis so that vnto this day these Ministers meeting at the ArchdeacoÌ„s visitations once in a yeare at the least there remayneth in the Church of England a certaine image or shadowe of the true ancient Apostolicall conferences and meetings Wherefore from these lawes from this ancient maner of the meetinges of Ministers and of having one principal and chief moderator amongst them according to the Apostolicall practise and vsage of the primatiue church thus alreadie setled in the church of England wee humbly leave it to bee considered by the Kings Maiestie First whether it were not meete and convenient for his Highnes by his letters patentes vnder the great Seale of A Minister to be ordeined by the Bishops and a companie of Ministers at the Kings commandement England to assigne name authorize the Bishops six or moe Ministers within everie Deanerie continually resiant vpon their benefices and diligentlie teaching in their charge to vse and execute all maner of iurisdiction privilege and preheminence concerning any spirituall ordination election or institution of Ministers to bee placed in the Parochiall Churches or other places with cure of soules within Secondlie when any Parish Church or other place with cure of soules shal be voide whether it were not meete convenient that the auncientes and chiefe Fathers of that place within a time to be limited for that purpose should intimate the same vacancie vnto the office Vacancie of a benefice to be intimated to the kings office of the Kings civill Officer appointed for that Shire or Diocesse to the end the same Officer by authoritie froÌ„ the King might command in the Kings name the Bishop and other Ministers to elect and ordeine and the people of the same place to approve allow of some able and godlie person to succâ—ede in the Church Thirdly the Patrone if the same be A lay patrone insteed of varying his Clerck may present two Clerkes at one time a common and laie person having now libertie to vary his Clerk if he be found vnable whether it were not meete and convenient to avoid all maner of varying that within
the time prefixed hee should nominate at one time two Clerks to bee taken out of the Vniversities or other Schooles and Nurseries or of the Prophets that the same nomination be made vnto the Bishop and the said six Ministers to the ende that both the Clerkes being tried and examined by them the abler of the twoo might bee preferred to that charge And of this maner of presenting two Clerkes by the Patrone we haue a president not much vnlike in the statute for nomination of Suffraganes By which act every Archbishop and Bishop desiring to haue a Suffragane hath libertie to name and present vnto the Kinge two honest and discrete spirituall persons c. that the King may giue to one such of the saide two spirituall persons as shall please his Maiestie the tytle name stile and dignitie of a Suffragane Fourthly the Bb. and Presbiters hauing thus vpon triall and examination A minister found able for gifts is to be sent to the parish that his life may be examined and to haue the cōsent of the people founde one of the Patrones Clercks to be a fitt and able man to take vpon him the execution of the ministery in that Church whether it were not then meet convenient that by them hee should forthwith bee sent to the same Church aswell to acquaint the people with their iudgement and approbation of his gifts and abilitie to teach as also that for a time he should cōuerse abide amōgst them to the end his life manners and behauiour might bee seene into enquired after by their careful indeuours Fiftlie the people within a time to be perfixed not making and prouing before the Magistrate any iust exception against his life manners and conversations whether it were not then meete and conuenient that the Bishop with six other Ministers or moe of the same Deanrie authorized by the Kinge as aforesaid A man allowed for giftes and cōuersation is to bee ordeined with prayer fasting laying on of hands vnder some payne and within a certaine time should be bound in the presence of the Elders and people and in the same Church with fasting prayer and laying on of handes to ordeyne and dedicate him to the Ministerie and Pastorall charge of that Church Lastly these thinges being thus finished whether it were not then meete A Minister to be inducted into the Church by the Kinges writt convenient that the Bishoppes with the other Ministers and some of the chief of the people should giue the partie ordeyned a testimoniall vnder their handes or vnder some authenticall seale to certifie the Kings officer of the execution of his writt and that the Patron also should present the same person to the Kings officer humbly praying the same officer by authoritie to be derived from the King to cause him by some other writt to bee confirmed and really inducted into the possession of the same Church and into the mansion-house glebe-land and other profites Ecclesiasticall to the same apperteyning Oh! but this were a strange kinde of innovation and a dangerous attempt to To execute the premises no daungerous attēpt alter lawes setled especiallie in a setled estate of the Church Well well let my Lordes of the Clergie sing this song and pipe this melodie at their pleasure How be it for asmuch as this platforme in some parte thereof hath alreadie bene agreed vpon by divers Committees in Parleament in other some part thereof by lawes alreadie setled ought to haue bin practised and that in other some part thereof is an advancement of the Kings authoritie which last part also is lively pourtraicted out vnto vs by presidents from the Archbishop and Bishop them selues we shall through the grace of God and favour of the King be able well inough quite and cleane to wipe away all the spots of this calumniation And first touching the intimation and supplication to be made vnto the King Petition and intimatiō to the King agreable to laws setled that his H. would be pleased to cōmand every Minister to be presented by the patrone ordeyned by the Bb. Ministers and elected by the people and that the King being certified by them of the execution of his writt should vpon their testimoniall by another publike writt cause the Clerke ordeyned to be confirmed admitted and inducted to the real possession of the temporalities of the benefice This manner I say of intimation petition testimoniall admittance in substance and effect differeth but little from the forme of the petition nomination 25. H. 8. c. election investiture confirmation and consecration of the Arch-Bb and Bb. of this Realme For when soever the Church of Canterburie Winton or other Bishoppes sea becommeth destitute of a Pastor doth not the Deane and Chapiter of the same sea intimate vnto the King their want of a B. doth not the same Dean and Chapiter humbly supplicate his Maiesties favour and licence to elect an other And doth not the King vpon their supplicatiō by letters patents vnder his great Seale favourably grant their petition willing them vt talem eligant in Episcopum Pastorem qui Deo devotus Ecclesiae suae necessarius nobisque regno nostro vtilis fidelis existat And with the same letters patentes doth not the King sende a letter missiue conteyning the name and commendation of the person to bee elected After the election finished doth not the Deane and Chapiter intimat the same also vnto the King and humbly agayne pray the King to yeeld his Royall assent to the lord elected Wherevppon doth not the King againe direct his letters patentes of warrant to the Archb. or some other whō the King shall appoint to performe all things whiche accustomably are to bee done apperteyning to his confirmation and consecration according to the lawes and statutes of his Realme of England Lastly the consecration and cōfirmation being finished and the Bb. hauing done his homage sworne fealtie is not the Kings writt out of the Chancery directed to the Escheator to restore vnto him the temporalities of the same Bishopricke Yea and may not the Bishoppe also if it please him procure another writt out of the Chancery directed to his tenantes commaunding them to atturne and to take him for their Lord Now thē in this platform wherof mentiō hath bin made touching the placing of a parochiall Pastour any parochiall church with cure of soules being voyd when it is craved that the people of the same parish might intimate their want vnto the Kings officer and that the same officer might command the Patron to present the Ministers to ordeyn and the people according to the Kings lawes to assent vnto and approve the Clerk what other intent or meaning haue wee then that the King hath as ample and as lawfull The Kinge hath as large a power to command a Minister to be elected ordeined as a Bishop to be chosen consecrated a power to
commaund a Minister to be presented ordeyned elected to be a Pastour in a parochiall Church as hee hath to coÌ„maund a Bishop to be elected confirmed and coÌ„secrated to an Episcopall sea And are we not then merveylouslie giddi-headded new-fangled and strange innovators Againe when wee desire that the King at the humble suite of the Ministers the Patron and the people would be pleased to confirme and admitt the Patrones Clerke in to the temporalities of a benefice what other thing is required but that the possession of no church should be delivered vnto any Minister without the Kings publike writt And would not this breed a perilous sturr garboyle discord and contention when the Archdeacons pretie signet as Dagon falling downe before the Arck should giue place bow down and do reverence vnto the Kings of England seale at armes Oh! but in this platforme there be other dangerous innovations and alterations not to be atteÌ„pted Yea And what then be they The Admonitor him self The Prophets ought to bee tried by the Prophetes in his admonition holdeth Yea Mai. Bilson and all other supporters of the Hyerarchie defended That the Cleargie ought to iâ—dge of the Clergie and that the Prophetes ought to be tried examined and ordeyned onely by the Prophetes and that the spirites of the Prophetes are subiect to the spirites of the Prophetes Wherein then consisteth the disagreement and variance betweene vs and them touching the ordination of a Prophet by Prophetes or of a Minister by Ministers Certes to mine vnderstanding there is none other matter of dissonancie in this case but even alonely this viz. That he by these wordes the spirites Corinth of the prophetes are subiect to the prophetes intendeth that the Spirits of many prophetes touchinge their triall examinatioÌ„ and ordination are subiect to the spirit of one prophet and that Whether the spirites of manie Prophets be subiect to one or of one to many therefore one prophete by his owne spirite may trie examine and ordeyne manie Prophetes Whereas on the other side we affirme that one prophet according to this rule of our holy faith is to speake and the other prophetes are to iudge and that no one prophete may trie examine or ordeyne many prophetes Because from this place wee gather that the spirites of many prophetes in the ordinarie course of the ministerie of the Worde were neuer subiected in this case to the spirite of one Prophete But in this platforme there is no mention made of the King if he bee patrone neither is there any institution spoken of and then howe can any action of quare impedit bee brought to try the right if two patrones pretend title to the Patronage besides the Patrone by this platforme must fetch his Clerckes only from the Vniversities Schooles of learning and Nurseries of the Ministerie whereas now he hath libertie to present any Clerke wheresoever or howsoever ordayned Againe strife and contention may arise in the presbytery betwene the Bishops and the Ministers them selues appointed to be examiners and ordeyners which of the two Clerkes nominated by the Patrone is most worthy to be preferred If both the Patrones Clerkes for non abilitie or criminousnes be refused who shall then nominate and to whom shall the election devolue And lastlie what if the Bishop and presbytery shall disalow one for vnabilitie which in deed is notwithstanding of abilitie to teach to all these difficulties thus wee aunswere If the Kinges Maiestie be Patrone to any benefice with cure of soules because Touching the Kinges patronage we iudge and confesse him to be a King endowed with a rare and singuler spirit of zeale for the glorie of our God with an excellent spirit of loue for the saluation of the soules of his subiects and to be the Nehemiah of our age sent vnto vs from aboue for the building of the walls and reedifying of the ports of the house of God which were brokeÌ„ downe and devoured We for our partes doubt nothing at all nay rather we most certeynly perswade our selues his Highnes having once bene pleased to prescribe all wholesome commendable lawes vnto his people will also vouchsafe much more to prescribe lawes yea and to be a law vnto him selfe And that his Maiestie wil set this busines of the Lords house so neare vnto his Kingly Christian heart by the planting of able Ministers in all the Churches of his Highnes Patronage as that all other Patrons by his godly example wil be excited readily to walke in the Kings path to weare the Kinges coloures and to become the Kinges chiefe favourytes in this so holie a worke And therefore touching the Kings Patronages cum Maiestas imperatoria H. de ley fidei 3. l. ex imperfecto legibus esse soluta videatur wee commend them wholy to the Kinges most Christian care providence and fidelitie The Bishops institution and writt of quare impedit wee graunt must cease The Bishops institution may cease but in place of institution the election ordination by the Presbytery succeedeth and the Clerke nominated by the Patrone elected and ordayned by the Presbyterie shall haue idemius ad Ecclesiam in Ecclesia which in formeâ— times the Clercke presented by the Patrone and instituted by the Bishop was wont to haue If any suite in law happeÌ„ for the right of Patronage betwene two or moe PatroÌ„s If suite fall out betwene two patrons what then may bee done pretending title to the gift of one benefice It seemeth that this suit might haue far easier and more speedie way of triall by some other writt then by the writ of quare impedit for vpon this writ many times by negligence or vnskilfulnes of the Aturneyes it falleth out that one of the parties is driven some times to sitt downe by great losse and not to haue his title tried at all onely for want of some ceremoniall forme not observed in the pleadings of the cause And therefore both Patrones within the time to be limited by the Kings writ having nominated their Clerkes to the Presbytery as heretofore they presented to the Bishop we leaue it to be considered whether it were not meet and convenient that the Presbitery should wholy defer the election ordinatioÌ„ of eyther their Clerks vntill the right of patronage were finallie adiudged before the Kings Iustices at the common law vpoÌ„ which iudgment passed they might then without scruple or impediment proceede to the full election ordination of that Patrones Clerke for whom the iudgment was given By which maner of triall if the action might bee brought in the namâ— of Patrone against Patrone the Clerkes should not onely be freed from much obloqui wherevnto they are now subiect by prosecution of suites at law one Clercke against another but also they should bee exempted from all expence labour and turmoile with which heretofore they haue incumbered theÌ„ selues to the hinderance of their studies and decay of
did appertayne we leaue it to be considered whether the right to nominate elect ordayne for that time onelie might not hereafter devolve vnto the presbyterie as in like case it hath done heeretofore vnto the Bb. And from that Presbyterie if the same should make default that the benifice should be then in lapse vnto the King Lastly touching the nonhabilitie of A Clerke wronged by a refusall for nonabilitie how he may be releued a Clerke if the Clerke whom the presbytery should refuse come from one of the Vniversities then as a Clerke before time refused for non abilitie by the Bb. was to be tried by the Archbishop and by him to be alowed or disalowed so in this case we leaue it to be cōsidered whether it were not meete that this Clerke so refused and complayning himselfe vnto the Magistrate to bee wronged should haue his abilitie to bee againe tried by that next Synode of Ministers to be cōgregated within that Deanry And if vpon triall made and bringing a testimoniall vnder some authentike seale from the Synode of his habilitie whether the Presbyterie vpon a good peyne within a time to bee prefixed should not be constreined to ordeyne and dedicate A Clerk refused for crime to vvhom the nomination may devolve the same Clerke to the ministerie of the same Church And as for the refusall of a Clerke by the Presbyterie vpon obiection of crime if the crime be so haynous as for which by the canons of the church he might not be promoted to the Ministery then is it to be cōsidered whether the presbytery in this case also as in the former of nonhability might not nominate elect and ordeyne the Clerke to that place for that time only and vpon the presbyteries default the lease also to be vnto the King And thus haue we cōpared the manner of church gouerment now in vse touching these points with that forme of Discipline which is desired to bee planted By which cōparison the Kings The benefits ensuing the platform of ordination c. required Highnes may very easely discerne the differences betweene them to be such as whereby the Kings dignity and prerogatiue shall highly be aduanced the Kings poore subiects both Ministers people diuers wayes eased vnburdened the lawes better obserued to the vnspeakeable peace trāquilitie both of church common weale The Prophets triall of the Prophetes the peoples approbation of their Pastours the Ministers entrance into their Ministerie according to the Apostolicall practise of the primitive church would be a meanes vtterly to extinguish that schisme that remaineth yet among vs that we haue no Christian Ministers no Christian Sacramentes no Christian Church in England Besides the Ministers for letters of orders letters of institution letters of inductions for licences to serue within the Diocesse for licences to serue in such a cure for licences to serue two cures in one day for licences to preach for licences of resignation for testimonials of subscription for letters of sequestration for letters of relaxatiō for the Chancelours Registers Somners diners for Archidiaconal annuall and for Episcopall trieniall procuratiōs the Ministers I say to bee nominated elected ordeyned approved confirmed and admitted by the Patrone by the Presbyterie by the People and by the King should be disburdened from all fees for these things and from all these and such and such like grievances Onlie for the Kings writts and for the traveyle and peynes of his Highnes Officers taken in and about the execution of the same writts some reasonable fees as it shal please the King may be taxed and set down The people also in soules in bodies and in their goods could not but be much comforted relieved and benefited They should not hencefoorth to the perill of their soules haue vnlearned vnable and vndiscreete Ministers thrust vpon them and set over them Neither should they be compelled vpō light occasions to take many frivoulous oathes in vaine They should not be summoned from one end of the Diocesse vnto the other nor bee posted from court to court from visitation to visitation The Churchwardens and sidemen of every Parish should not vpō peine of excommunication be constreyned once or twise in the yeare to pay six or eight pence for a sheet of three halfepeny articles They shall not any longer out of the common treasurie reserved for the poore beare the charge of their Parishes for making bills visitation divers other expenses There should be no more suits at law betwene Clerke and Clerke about the Patrons title no more suites of double quarell betwene the Clerke and the Bishop no more debate betwene the Bishop and the Archdeacon and lastly there should be no occasion of any riots and vnlawfull assemblies to bee made vpon entries and possessions by vertue and colour of two presentations two institutions and two inductions into one benefice at one time The Patrones as being Lords and avowers of the Churches might haue the custodie of the Churches during their vacancies and their ancient right in this behalfe restored All swearing of canonicall obedience vnto the Bishops by the Ministers all swearing and forswearing of Clerks for any symoniacal bandes promises or agreemēts betwene them and their Patrones and all robberies 31. Eliz. c. 6 and spoyling of the Churches by the Patrones should determine cease Especially if it might please the King Parleament to haue one clause of a statute against abuses in electiō of Schollers and presentation to benefices enlarged For although euerie corrupt cause consideration by reward gift profit or benefite to present be inhibited by that act yet notwithstanding by experience in many places we finde that the Patrones for small rentes and for many yeres are in possessiō some of the mansiō houses some of the glebe lands and some of the tythes of such benefices as since the publishing of that act haue bin bestowed vpon Clerks which breedeth great suspicion and ielouzie in the mindes of men that the Clerke and Patrone at the beginning directly or indirectlie did conspire to frustrate and delude the intendement of the statute And therefore wee leaue it to be considered by the Kinges Maiestie and Parleament If any Clerke after confirmation possession A meanes to restraine patrons from corruption to any benefice hereafter to bee made and given vnto him shall willinglie and wittingly suffer the Patrone of the same benefice or any other person in his name or to his vse directly or indirectly mediatly or immediatly to vse occupie or enioy the mansion house gleebe land or other ecclesiasticall commodities or any part thereof belonging to the same benefice In this case I say we leaue it to be considered whether it were not meete convenient that every such willing and witting sufferance by the Clerke and every such willing and witting possession vse or occupation by the Patrone should not be adiudged to be a iust cause to determine
should we think Prelacie to be but eyther Oligarchie or Tyrannie For neither Monarchie may it be neyther Pollicie Prelacie either Oligarchie or tyrannie or polliticall estate can it be and other kinde of government besides these there is not anie For my part I more charitably iudge of the government of the Church by Prelacie then to match it with Tyrannie And although the Admonitor and the Pervsers and allowers of his booke were men in their generation wise yet had they well weighed the nature of the goverment of Oligarchie they would rather in this argumēt haue bin silent then vpon disclayme of Democracie and Aristocracie goverments both of them commendable in their kinde haue cast the commendation of their owne goverment of the Church by Prelacie to so desperat an estate as is the estate of Oligarchie Wherein if any doe glorie because not many of the best but some fewe of the wealthiest and richest sort doe governe then lett him hearken and cōsider what long since was preached before Pope Vrban the fifte by Act. Mo. one Nicolas Orem a man singularly commended for learning in his time Nicholas Orem his opinion of Oligarchie Amongst all the regiments of the Gentiles none saith he is more to be found wherein is to bee seene so great and exceeding ods thē in the policie of Priests Amongst whom one is drunken another is sterved amongst whom some be so high that they exceed all Nobles Princes of the Earth some againe be so abased that they are vnder all rascalls and such a common weath saith hee may well bee called Oligarchie But Thomas Aquinas he seemeth to set the discommodities of Oligarchie a pinne Thomas Aquinas what hee thinketh of Oligarchie higher for saith hee as a Kingdome hath in it the commodities of all other good regiments of Aristocracie that the Noblest and chiefest persons among Aristocracie a good regiment the people be taken to Councell of Policie or politicall estate where an assemblie of all estates is had whē the very best of all sorts are chosen to consult and deliberate of the publique weale so doeth Tyrannie conteine and hath in it all incommodities and vices of all naughtie corrupt regiments of Oligarchie it borroweth that the most wicked Oligarchie a corrupt regiment corruptest men be Counsaylors that as it were a route of Tyrants doe govverne The reasons and pillers of which Oligarchie are immoderatnes excessivenes disparitie and inequalitie passing and beyond all meane and measure Now if our reverend Bb. shall shew them selues to bee mal-contented with mee as though out of the opinions of these learned men I would gather that the governement of the Church by Prelacie is one of the corruptest governements I am to desire them to haue patience vntill they shall plainly demonstrate vnto vs that the same is not Oligarchie For if hereafter they shall revoke their former disgraceful iudgmēts against the discipline by Pastors and Elders conteyning in it the very nature of true Aristocracie and withall instruct vs better of the true nature of their own governement of the Church by Prelacie they shall finde vs plyable to their opinion so that it be grounded vpon the principles and reasons of trueth In the meane season after the fashion of the Admonitors maner of admonishing the people wee most humbly beseech the King and Parleament to bee enformed that it is greatly to be feared if Prelacie be Oligarchie that the Prelates will endevour It is to bee feared least by the exāple of Prelates Oligarchie bee brought in the common weale to transferre that maner of goverment frō the Church vnto the common weale And that the cōmon weale shall as miserably be rent torne with factions vproares as now the church is disquieted by schismes and divisions For if only a few of the richest and welthiest sort shal get an head and beare all the sway in the cōmon weale they shall thinke by the principles and reasons of Oligarchie that they haue iniury if they haue not as much to do in civil matters as the Prelats haue to doe in the matters of the Church And what hereof may follow as the Admonitor leaveth so doe I also leaue it to the iudgement of other Onelie if the way hereof alreadie hath bin troden out vnto them by some who A caueat against Oligarchie haue not written nor spoken but yet practised the principles and reasons of Oligarchie in the common weale onelie then this I say and adde as a caveat that the daunger to come is more heedefully to be prevēted For like as in good harmonie to make the Musike perfaict is required a moderate proportionate inequalitie of voyces which if it too much exceed taketh away all the sweet melodie so by too much immoderate inequalitie or disparitie of Citizens the common weale falleth to ruine But why may not the governement of the The gouerment of the Church by Prelacie is not Monarchicall Church by Prelacie be a Princely and a Royall governement In deed this question if it should be resolued by the rules and principles of the canon law I could hardly disproue that government to be Princelike for as hath bin saide before quilibet Ordinarius in sua Diocoesi est maior quolibet Principe Yea and every Bishop by the same lawe hath as absolute a spirituall power within his Diocesse as a Kinge hath a temporall power within his Kingdome But because that law with the rules principles thereof is or ought to be discarded out of this Kingdome we will not wade in it Only we say that the governement of the Church by Prelacie cannot bee any kinde of Royall and Monarchicall governement because Prelates haue not like power spirituall as Kings and Monarches haue power rēporall For there was never yet lex regia de Prelatorum spirituali imperio lata qua Prelatis Institut de iure natur gent ci § Sed quod in eos omne imperium suum potestatem aut Deus aut populus Dei contulerit And therfore where the people haue made the fore said regall law as there it is iustly said quodcunque Imperator per epistolam constituit vel cognoscens decreuit vel edicto praecepit legem esse constat and quod Principi placuit legis habet vigorem So likewise where there is no such regall law made in the church there it is as iustly affirmed quod Prelato placuit legis non habei vigorem quodcunque Prelatus per epistolam constituit cognoscens decrevit vel canone praecepit legem non esse constat And then how can every Prelate or why doth everie Prelate by his sole authoritie inioyne canons articles iniunctions and orders to be observed as lawes in all the Churches of his iurisdiction If the Admonitor supposed the governement If the gouvernment of the Church by Prelacie bee Monarchicall thē may the government by Pastors be
so to of the Church by Prelacie to be Monarchicall because the Queene was a Monarch and that the reverend Bishop governed vnder a Monarch then what did hee els but put a weapon into the handes of Pastors and Elders to prove their governement also to be Princelie and Monarchicall Because Pastors Elders desire not to haue that maner of governement to bee brought into the Church otherwise then by the Royall assent Souveraigne authoritie and expresse commandement of our most gratious King and Monarch Besids if any governement may be therefore saide to be a Monarchie because the same is derived from an earthly Monarch howe much more then may the governement of the Churches by Pastors and Elders be adiudged Monarchical by reason the same is deduced from our heavenly and everlasting Monarch For the reverend Bb. by their publike preachings apologeticall Ma. Horne Bishoppe of Winch. Ma. Iewell Bishop of Sali Mai. Bilson Bishoppe of Winch. writings testifie that power authoritie to ordeine and depose Ministers to excommunicate and to absolue to devise and to establishe rites and ceremonies in the church to define what is trueth to pronounce what is falsehood to determine what is schisme and to cōdemne what is heresie our reverend Bb. I say confesse this power to bee originallie decided vnto the true Bishoppes and Pastours of the Church from the Kinglie and Soveraine power of our Saviour Christ By what name therefore soever the gouvernment of Pastours and Elders in the Churches be called there is no manner of cause to dislike of the planting of that government in a Monarchie because the same is instituted by the Monarch of Monarches who is able and readie to vphold the state of al Monarchies in common weales togither with the state of Aristocracie in his No cause for a Monarch to feare that his Christian subiectes should haue the sence of Aristocracie in Church goverment Church Neither is there any cause for anie Monarch in the world to feare the making of christian commō people by familiar experience to haue the sence feeling of the principles and reasons of Aristocracie For if a people haue once submitted their necks to the yoke of Christ they can liue a peaceable godly life vnder all kinds of powers because they knowe all kind of powers to be the ordenance of God But especially there is not neyther euer was neyther euer can there be any cause for any King or Monarch of England greatly as the Admonitor insinuateth to feare that the common people will very easely transferre the principles and reasons of Aristocracie to the gouerment of the common weale and therevpon bee induced to thinke that they haue iniurie if they haue not as much to doe in civill matters as they haue in matters of the Church seeing they also touch their commoditie and benefit temporallie as the other doeth spirituallie And certes it seemeth that the Admonitor was drawen very drie of reason whē he was fayne to plucke this stake from the hedge to make a fire and to kindle the wrath of the Magistrate against the forme of discipline by Pastors and Elders For whether hee intendeth that the Pastors and Elders will thinke them selues to haue iniurie if they deale not in all causes of the commō weale as well as in all causes of their churches or whether he ment that the common people will easely transferre the government of the common weale from a Kingly Monarchie to a noble Aristocracie there is neither soothnes nor soundnes in his meaning For sithence Pastors disclaime to deale in civil matters the learned Ministers against the reuerend Bishopps by the holy rules of our faith mainteyne that it is not lawful for a Minister of the Gospell to exercise civill magistracy and that it is not lawfull for the man of God to bee intangled with the affaires of this life how is it probable that those Ministers will easely oppugne their owne knowledge by their owne cōtrary practise Or how is it probable that they would over-loade them selues with that burthen to ease the Church wherof they haue contentedly exposed thē selues into a number of reproches contempts bytings persecutions As for that other intendement of the Admonitors that it is greatlie to be feared that the commō people will easely transferre Monarchie vnto Democracie or Aristocracie if the principles and reason thereof by experience were made familiar in their minds this reason I say might seeme to carrie some shewe of affrighting a Monarch if the same were insinuated vnto a king whose people were neuer acquainted with the principles reasons of Democracie or Aristocracie but this feare being insinuated vnto our late Souveraigne Ladie the Queene whose people euer since the time they first begā to be a people haue had their witts long exercised with the The people of England haue their wits exercised with the sence of Democracie Aristocrarie sence and feeling of the reasons principles aswell of Democracie as also of Aristocracie what sence had the Admonitor to vrge this feare That in the Kingdome of Englande the common people haue alreadie the sence and feeling of the reasons principles of Democracie cannot be denied For in euerie cause almost aswell of criminall as ciuill iustice some few only excepted to be executed in the common weale by the common lawes of the Realm haue they not some hand and dealing in the same by one meanes or other Nay which is more haue they not the sence and feeling of the making and vnmaking their owne lawes in Parleament And is not their consultation in Parleament a mere Democraticall consultation As much also there is to bee avowed for the sence and feeling of the reasons and principles of Aristocracie to be alreadie in the minds of the Peres the Nobles the Iudges and other great men of the Realme For are not the Wisest the Noblest the Chiefest taken out of these by the King to bee of his Counsell and to be Iudges and Iusticers in his Courts Yea and is not their assembly also in Parleament a mere Aristocraticall assembly And what translation then is there greatly to be feared out of the Church to bee made into the common weale when the minds of all sorts of our common wealthes-men be already seasoned with the things which hee feareth And when the common weale is alreadie seysed of the principles and reasons which he would not haue familiarly known vnto it Wherefore that the King the Nobles and cōmons may no more be scarred with the strangenes of these vncouth and vnknowne greeke names of Democracie and Aristocracie writtē in his booke with great and capitall letters I haue thought it my duty by these presents to informe them that the govermēt of the church by Pastors and Elders nowe wanting amongst vs and desired to bee brought into the Church by the Souveraine authority of our King Nobles and commons in Parleament for the outward form
honorable CouÌ„cell keeper of the Kings privie Seale or two of them calling vnto them one Bishop one temporal Lord of the Kings most honorable Councell the two chiefe Iustices of the Kinges bench and common Pleas for the time being or other two of the Kings Iustices in their absence haue full power and authoritie to punish after their demerits all misdoers being founde colpable before them If wee search our statutes besids the Courts and matters determinable in these spoken of before we shall find that the complaints of errour whether it touch the King or any other person 31. E 3. c. 21 made in the Exchecquer should be done to come before the Chancelor Treasurer who taking to them two Iustices other sage persons are duely to examine the busines and if any errour be found to correct amend the Roles c. By reason of delayes of iudgments vsed in the Chauncerie in the 14. E. 3. c 5 Kinges bench common bench and in the Exchecquer it was assented established and accorded that a Prelate two Earles and two Barons chosen by the ParleameÌ„t by good advise of the Chancelour c. shall proceed to take a good accord and to make a good iudgement When it was complayned vnto the King that the profites c. of his Realme by â—0 K. 2. c. 1 some great Officers c. were much withdrawen and cloyned c. it pleased the King c. to coÌ„mit the surveighing aswell of the estate c. of his house c. vnto the honourable Fathers in God William Archbishop of Canterburie and Alexander Archbishop of Yorke c. by a statute of commission for a 6. H. 6. Sewers by a statute for punishmeÌ„t of b 11. H. 5. c. 25. periurie by a statut against making or executing of actes or ordinances by any c 19 H. 7. c. 7. Maisters c. being not examined c. by the Lord Chancelour Treasurer or chiefe Iustices c. By a statute for the erection of the Court of d 27. H. 8. c 27. AugmeÌ„tation by a statute for erection of the Court of firste e 32. H. c. 45. fruits tenthes and lastly by an f 27. Eli. c. 8 acte for redresse of erroneous iudgements in the Court commonly called the Kinges Bench By all these statutes I say it is very apparant that the Administration of publike affaires in the coÌ„mon weale hath never bene vsually committed to the advisemnet discretion or definitiue sentence of any one man alone Which point is yet more fully and more perfectly Lord president and counsell in Wales Lord president couÌ„sell in the North parts Lord Deputie counsell in Irelande The Kinge and his honorable privie Counsel to be vnderstood by the establishment continuance of the Kings Lord President and Councell in Wales of the Kings Lord President and Counsel established for the North of the Kinges Lord Deputie and Councell within the Realme of Irelande of the Kings Highnesse most honorable privie Councell chosen by him for the assistance of his Royall person in matters apperteyning to his Kingly estate and lastly of the supreame and grand Councell of the three estates in Parleament for matters concerning The Kinge his grand Counsell in Parleament the Church the King and the common Weale For whether respect bee had vnto the secrete affaires of the Kings estate consulted vpoÌ„ in his Highnesse Councell Chamber by his privie Counsaylors or whether we regard the publike tractation of matters in Parleament there can bee no man so simple as not to knowe both these privie and open negotiatioÌ„s to be carried by most voyces of those persons who by the King are called to those honorable assemblies And what a vaine iangling then doth the Admonitor keepe how idlely and wranglingly doth he dispute when against the government of the church by Pastours and Elders he obiecteth that the same will interrupt the lawes of the Realme that it wil be great occasion of partiall affectionate dealing that some will incline to one parte and that the residue wil bee wrought to favour the other and that thereby it wil be a matter of strife discord schisme and heresies Howbeit if never any of these extremities and dangers haue fallen out in the common weale by any partiall or affectionate dealing of the Kings Deputies Presidents Iudges Iusticers and other Officers Ministers associated vnto theÌ„ for the administratioÌ„ of Iustice or equitie in any of the Kings civill Courtes howe much lesse cause haue we to feare any partialitie affectioÌ„ working inclination favour strife debate schismaticall or hereticall opinions if once Pastours and Elders in every Congregation and not thoroughout a Diocesse one Bishop alone had the spirituall administration of the Church-causes Can many temporall Officers Iusticers and Iudges rightly and indifferently administer the law and execute iustice and iudgment without that that some doe incline to one part without that the residue bee wrought to favour the other part And cannot spirituall Officers dispatch spiritual affaires without that that they be partially affectionally disposed What is it so easie a matter that the Ancients of God and the Ministers of Christ can the one part incline to righteousnes and the residue be wrought to favor wickednes can some incline to God and vnto Christ and can other some be wrought to follow Satan and Antichrist For what other controversie is required to be decided by Pastours and Elders then the controversie of sinne betwene the soule of man and his God And is there any Christian Pastour or Elder that wil be wrought rather to favour the sinne of a mortall man then the glorie of his immortall God But to leaue the state of the Kingdome and common weale and the good vsages and customes of the same let vs come to the state of the Church it selfe and to the lawfull government thereof established even amongst vs at this day The gouerment of the Church ought not to be by one alone For whatsoever our reverend Bishoppes practise to the contrarie yet touching ordination and deposition of Ministers touching excommunication and absolution touching the order and rule of Colleges Cathedrall churches and the Vniversities the ecclesiasticall law doth not commit the administration of these things and regiment of these places to any one person alone The Vniversities admit not the goverment of the Chancelour being present nor of his Vicechancelour The gouerment in the Vniuersities not by one alone him selfe being absent as of one alone the Doctors Procurators Regents non-Regents haue all voyces and by most of their voyces the Vniversitie causes take successe The businesses The goverment in Colleges not by one alone of Colleges by the statutes of their founders are commended to the industrie and fidelitie of the President Vice-president and fellowes vnto the Provost Viceprovost and fellowes vnto the Warden Sub-warden and fellowes vnto the Maister
together with their functions are arbitrable ceremonious rituall traditionall or circumstanciall yea and removeable at the pleasure of the King and State Neither doth this disagree from that A Bishopp Pastor and Elder and our Lorde B. diffu which was erst sayd of a Bb. or Pastor that they be all one in respect of their function For it is not sayd that an humane Bishop and Pastor but that a Bb. and Pastor are all one For a Bb. simplie so called is not a Bishopp and Pastor in respect of his fellowe brethren but only in regard of his flocke which he ouerseeth feedeth and ruleth But a humane what a lord Bishopp is Bishopp is hee that is promoted vnto this dignitie by man and who by mans authoritie taketh vpon him superoritie preheminence ouer them which are equall vnto him touching their function that intangleth himselfe with civill gouernment and wordlie affaires and whose Bishopplie office consisteth not so much in the dispensation of Gods worde and Sacraments as in Lordlie Bishoplie apparell Crossing with the signe of the crosse confirmation of children sole imposition of hands sole excommunication sole enioyning of articles vpō the people and Clergie of his Diocesse consecration of oratories delegation of his episcopall authoritie to his Suffragane Vicar generall and principall officiall and other such humane and Bishopplie functions All which are after the customes preceptes and traditions of men And albeit D. O. by vertue of the Queenes congedelier were chosen by the Deane and Chapter of Lichfield in episcopum Pastorem ecclesiae Lichfieldensis yet is hee never intituled The Lorde Bishoppe of Lichfield is neuer honored with the title of being Lorde Pastor with the dignitie of being the Lord Pastor but onely with the honor of being the Lord Bishop of Lichfield so that one and the self same person being a Bishop and a Pastor may be a Lord Bishop over Pastours but not a Pastor over Pastors Wherevpon it followeth that the Pastorall Pastoral authoritie of a Lord Bb of other Pastours is equall authoritie which hee hath in common with his brethren the other Pastors of his Diocesse is of no superioritie or proheminence aboue theirs and that touching the function both of his and their Pastorall cure charge there is a paritie betwene him and them by reason whereof he can haue no power over them because par in parem non habet imperium But why is it that he can not be called Pastor Pastorum ecclesiae Lichfieldensis Lord Pastor of the Pastors of the Church of Lichfield and yet may be called Dominus Episcopus Pastorum ecclesiae Lichfieldensis Lord Bishoppe of the Pastors of the Church of Lichfield Why but only for that there is custome tradition and the lawe of man for his episcopall iurisdiction and for that his pastorall function if hee haue any belongeth vnto him in common with his brethren the other Pastors iure divino The Bishoppe then having these two severall Whether a lord Bishop minister the doctrine sacrament and discipline of Christ by vertue of his lordlie episcopal or pastorall office and distinct offices imposed vpon his person the one by divine the other by humane lawe the one humane and episcopall the other without pompe pastorall there ariseth from thence this question by which of those two functions hee may lawfullie I meane according to Gods lawe minister the Doctrine Sacramēts censures of Christ If it be aunswered that it is lawfull for him by vertue of his Pastorall office to minister the doctrine and Sacramentes and by force of his humane Episcopall office to minister the censures of Christ then is not the answere fitted to the question the same being made â bene coniunctis ad male divisa For the censures of Christ as well as the doctrine of Christ being simplie of divine ordināce it must followe if his episcopall power be only of humane right pastoral power only of divine institution that the censures may be ministred by authoritie derived only from mā but the doctrine and sacraments by power derived onlie from God Which commixion of divine and humane right in the execution of the ordinances of God can no maner of wayes be sound pure and sincere and therefore also can not be pleasing vnto God For no more can the censures of Christ to the pleasure of God bee lawfullie administred by the authoritie of any one whose function is of man and not of God then could the sacrifice of God be offered by one who was a priest of man and not of God Now that humane episcopalitie or Bishoppisme in the Church of England is authorized and deduced from the power and law of Lordlie episcopalitie authorized onlie by the lawe of the Realme man viz. of the King Realme alone is evident as well by the donation endowment of the auncient Bishoprickes founded by the Kingly prerogatives of the Kings of this Realme as by the erection and establishment of the new Bishoprickes of Chester Gloucester Bristoll Peterborough and Oxford with their cathedrall Churches Seas Cities meeres and boundes of those humane Bishoppes for the exercise of their episcopall administration according to an act of Parleamēt authorizing the Kings Highnes to make Bishoppes by his letters patentes Nay further that humane episcopall iurisdiction within the meres Note that King Henry the eight by letters patents made Bb. therefore c. and boundes of every Diocesse within England is merelie of humane and not of divine iustitution appeareth by that power and authoritie which the Kinge hath in translating dissolving of Bishoprickes in conserving episcopall iurisdiction 31. H. 〈◊〉 c. 9 sometimes to such persons as be no Bishopps as did William the Cōquerour when he gaue Episcopall power to the Abbot of Battayle and lastlie by the verie maner and forme of the nomination licēce of election authoritie of investiture confirmation and consecration of Archbishoppes and Bishops established by the more positive lawe of the Realme But if it be aunswered that 25. H. 8. c. 20. the Bishoppe by his humane episcopall power doth minister the doctrine Sacraments and discipline of Christ then is the case worse with him then it was before because then not onlie the Discipline of Christ but also the doctrine Sacramentes of Christ should be ministred by that authoritie whiche is of humane institution Besides the answer should be vntrue because the Bishoppe at the time of his cōsecration doth not receyue anie authoritie to preache the worde and minister the Sacraments for that authoritie was then commited vnto him when first he was ordeyned to be a presbyter But the authorite which he receyueth at the time of his consecration is to correct and punish such as bee vnquiet disobedient and criminous within his Diocesse Whereby once againe is that confirmed which was erst said viz. That episcopall power in Englande is not of divine but of humane institution Especiallie for that
by the scriptures it can not bee prooved that there be two seuerall distinct formes of ordinations the one called consecration proper to a Lord Bishoppe for the exercise of Discipline the other called ordination peculiar to a Pastor or teaching Elder for the ministration of the word and Sacraments Wherevnto lastlie If the Lord Bishop haue power to minister discipline by diuine right thē no more can he commit that his power to another thē he can commit the power which hee hath of preaching to another may be added another maine reason that Episcopall power in Englande to minister the discipline can not therfore be of divine institution because if it were of divine institution the Bishoppe could no more surrogate the same his episcopall power to his Suffragane to his Vicar generall or Rouland Allen to minister the censures of Christ in his owne name then he can depute them or any of them to minister the doctrine Sacramentes in his own name But how doth it appeare that the Vicar generall Rowland Allen or any other Presbyter did ever excommunicate by the power or in the name of the Bishoppe For the profe hereof we shall not need to search any other authenticall record then the precept and the practise before intreated of For it is not saide in the precept That the Presbyter being armed with authoritie from Christ but it is sayde that the Presbyter being armed with authoritie from the Bishoppe or Archdeacon shall denounce the sentence of excommunication the practise also of Doctor Hone every way confirmeth as much For therein Doctor Hone doeth not chalēge to be an officer vnto Christ but he sayeth that he is the officiall of the venerable Archdeacō of Surrey and that Maister Rowland Allen Presbyter by vertu of his office doth excommunicate the parties who obeyed not his mandates who made not their appearances before him c. If it be answered that Rowland Allen though he be not an immediate officer from Christ that yet nevertheles he is a mediate officer deputed to his office by an immediate officer vnto Christ vix the Lord Bishoppe or Archdeacon then we replie and say First that the Lord Bishoppe Archdeacon bee neither immediate or mediate officers appointed by Christ to be Ministers of his discipline Secondlie if they were immediate officers from Christ that yet they haue no authoritie by the law of Christ to transferre their right or any part thereof to an other person or to depute an other person in their name or by their authoritie to excommunicate As for these words viz In Dei nomine amen nos Iohānes Hone or nos Roulandus Allen c. sometimes vsed in their scedule of excommunication it is but a prophaning of the holie name of God whereby they make them selues guiltie of the taking of the glorious name of God in vaine And thus much touching both the question and answer whether the discipline of Christ may be ministred by the Bishoppes humane episcopall power yea or no. But now on the other side because no divine censure can lawfullie be executed in the church by that authoritie which is of humane institution if it be aunswered that the Bishop by reason of his pastorall Whether the L. Bishopp by pastorall authoritie may excommunicate a Pastor power which hee is saide to haue over all the Pastours and people of his Diocesse may lawfullie not onlie minister the worde and Sacraments but also the Discipline of Christ vnto them all then it followeth that by a Pastourall power one Pastour may be a Pastour of Pastors which is against the Scriptures and contrarie to the brotherly fellow-like authoritie which is common to all Pastours vnder the sunne and betwene whom touching their Pastourall functions there is to this day by the Scriptures as litle superioritie and as great a paritie as ever there was betwene Apostles and Apostles betwene Prophets and Prophets or betwene Evangelistes and Evāgelistes and as at this day there is betwene Bishops Bishops betwene Archbishops and Archbishops or betwene Patriarckes and Patriarckes yea and as is betweene Earles and Earles Dukes and Dukes Kinges and Kinges Emperours Emperours For no greater superioritie or preheminence hath any one Pastor over the person or function of an other Pastour touching the administratiō of any thing properly belōging Pastoures ouer small flockes are as truely pastors as Pastors ouer great flocks to either of their pastoral functions thē hath one Emperor over the person or function of an other Emperor or one King over the person or functiō of an other King or one Lord Bishop over the person or function of an other Lord Bishop or one Archbishop over the person or functiō of an other Archbishop or then had one Apostle over the person As great paritie betwene Pastors Pastors as between Apostles Apostles or function of an other Apostle Nay then hath one eye over an other eye one hand over an other hand one arme over another arme or one foot over another foote And therefore if touching the functions which Pastors either among them selues haue in common one with the other or which they haue over their flockes there be no disparitie but that the Pastors to whom small flockes are committed doe as reallie and as truelie participate of the nature of true Pastors as those great Pastours doe vpon whose great shoulders great burdens are imposed it behoveth great Pastors to prove vnto vs by the holie Scriptures that by the institution of their great pastorall functions they haue their power so enlarged as that thereby they may preach the Word minister the Sacraments and excommunicate and that on the other side the litle Pastours haue their power by the institution of their petie pastorall offices so streightned as whereby they may onlie preach the Word and administer the Sacramentes but not excommunicate it behooveth I say great Pastors to be able sufficiently to shew vnto vs these thinges out of the holy Scriptures or els it seemeth to stande with reason and equitie deduced from the same Scriptures that a Pastor over a few should haue like power to teach and to governe a few as a great Pastor over manie hath to instruct and to rule many Marie if they think that only great Pastors be true Pastors that great powers spirituall be only true powers spirituall then let them also conclude that onely great Knights be true Knights that only great Dukes bee true Dukes that onely great Kings be true Kings and that only great principalities temporall bee true principalities temporall Which conclusion Not onelie Kinges of great kingdomes but also Kinges of small kingdomes bee true kings if they shall iudge to be conclusionles because King Rehoboam had as large a patent to feede and to command two Tribes as King Solomon his Father had to command and to feede twelue or as the Archbishop of Yorke may suppose him self to haue over nine or tenne Counties as the
ego sum via veritas vita He neuer said ego sum consuetudo Touching the iurisdiction of the Deane and Chapter the papall lawe being abrogated how the same may lawefullie now bee vsed otherwise then by sufferance and consent of the King and Realme I know not But of all spirituall authoritie exercised at this day in the Church of England the same semeth to draw most neare to the semblance of the gouernment practised by the Apostles and primitiue Church And might bee approued in many points if so bee the Deane and Chapter being as it were a Senate of preaching Elders did no more commit the execution of their ecclesiasticall iurisdiction to the wisedome of one Vicar general or principall official then they doe put over the leassing of their Landes or dividētes of their rentes to the onlie discretion of one of their Baylifes or Stewardes As for Bishoppes Suffraganes in Englande and in Wales how many there may be and what Cities and Townes are to be taken and accepted for their Seas it is at large expressed in a statute made for the nomination of Suffraganes By which statute also wee are given to vnderstand that it remayneth onely in the disposition and libertie of everie Archbishop Bishop within this Realm c. to name and elect two honest and discrete spirituall persons being learned of good conversation and them to present vnto the Kinge by their writing vnder their Seales making humble request to giue to one such of the saide two persons as shal please his Maiestie such title name stile dignitie of Bishop of such Seas specified in the said act as the Kings Highnes shall think most cōvenient for the same so it bee within the same Province whereof the Bb. that doth name him is Besides after such title stile and name given by the Kinge it is saide that the King shall present every such person by his letters patentes vnder his great Seale to the Archbishop of the same Province wherein the Towne whereof hee hath his title name stile and dignitie of Bishop and that the Archbishop shall giue him all such consecrations benedictions and ceremonies as to the degree and office of a Bishopps Suffragane shall be requisite It is further enacted provided that every person nominated elected presented and consecrated according to that acte shall be taken accepted and reputed in all degrees places according to the stile title name dignitie that he shall be presented vnto haue such capacitie power and authoritie honor preeminence reputation in as large ample maner in cōcerning the executiō of such cōmission as by any of the saide Archb. or Bb. within their Diocesse shall be given to the saide Suffragane as to Suffraganes of this Realm hertofore hath bin vsed accustomed And that no Suffr made cōsecrated by vertue of this act shall take or receiue any maner of profits of the places Seas wherof they shall be named nor vse haue or execute any iurisdiction or Episcopall power or authoritie within their said Seas c. but only such profites iurisdiction authoritie as shall be licensed and limited vnto them to take do and execute by any Archbishopp or Bb. within their Diocesse to whom they shall be Suffraganes vnder their seales And that no such Suffragane shall vse any iurisdiction ordinarie or Episcopall power otherwise nor longer time then shall be limited by such commission to him giuen vpon peyne c. From which Act touching the vse exercise of Episcopall power and censures by the Suffragane we may againe safely conclude that the Episcopall power graunted by the Bishops to be vsed by the Suffragane is not of diuine right and institution but only from humane devise and ordinance For the Suffragan could not exercise any power called spirituall or Episcopall vnles by the Bb. he were nominated by the King elected and presented by the Archb. consecrated and by commission vnder the Bb. seale authorized in what maner and for what time he should exercise the same Custome then being not from heauen but from the earth and againe the Bb. commissiō limiting the Suffraganes delegated power being of man and not of God it followeth necessarilie that that Episcopall power which the Bishoppes vse and exercise in England can not be diuine but humane Because Episcopall authoritie which is diuine being conveyed from the Royall and Souerayne authoritie of our Sauiour Christ the giuer of all power vnto euerie officer within his Church can not be transferred to any other person by the same Bb. by the King by the bodie of the state or by custome For the Kings person and bodie of the state not being made capable by the holie scriptures to vse and exercise that Episcopall power which is of diuine institutiō can neuer transferre the same to others whereof they be thē selues vncapable And to defende that custome or any municipall lawe should transferre diuine Episcopal power from a divine Bishopp to any humane officer is more erroneous And from hence if the now L. Bb. of London iudge his Episcopall power to belong vnto him by divine and that by the same right he haue power aswell to ordeyne depose suspend and excommunicate presbyters as to confirme boyes girles yong men maydens there seemeth to bee good reason that the same Bb. should make it apparantly knowne vnto the King Realm by what power or commission descended from heaven hee may delegate vnder his Seale the same his divine authoritie of ordination deposition suspension excommunication and confirmation vnto Doctour Sterne his now Suffragane of Colchester For if from the holy Scriptures hee can produce no warrant for the making of a delegation of any part of that Episcopal power which he holdeth to be cōmitted vnto him frō our Savior Christ then well may we conclude against the ordination deposition suspention excommunication confirmation made by the same his Suffragane that the same his Suffraganes ordination deposition c. is not divine For how can an ordination a deposition c. made by a Suffragane be divine when as the commission graunted by the Bishop is meerlie humane Wherefore seeing the Bishop himself hath plucked certeyne of his principall feathers from his own spirituall winges if so be his owne winges may be spirituall and imped them with an vntwysted thread of humane policie to the humane trayne of his Suffragane and seeing also his Archbishoppes grace of Canterburie in cases of his metropoliticall prerogatiue the Archdeacons London Midlesex Essex Hertforde the Deane of Paules and certeyne prebendaries in Paules the Deane of Westminster the Maister of the Savoy and divers other Persons haue by Papall privileges or by auncient custome prescribed almost all other partes of his Episcopall power there seemeth good reason that the Bishoppe should againe declare whether the Churches within the saide Diocesse after the decease or translation of his Lordshippe shall stande in neede of any Lordlie Successour to sitt
authorized disposed or established in particularitie the order of these thinges or if the Scripture haue not delivered everie ceremonie forme or circumstance about these three things shall not the Minister therefore minister these or any of these three things at all And suppose I pray you that neither this nor anie other law had in particularitie appointed the ceremonie of the Crosse the ceremonie of Godfathers or any other ceremonie in Baptisme or that the Law had not appoynted the ceremonie of kneeling or any other ceremonie at the celebration of the Lords Supper should not the Minister therefore minister neither Baptisme nor the Lords Supper in the charge committed vnto him yes he should And why forsooth because he hath promised so to doe and because the Lorde hath commaunded him so to doe Besides sithence everie Minister by vertue of his promise and force of this law is bound to teach the doctrine of Christ to the people of his charge notwithstanding he be not tyed by the law of the Realm nor by the holy Scripture to any rite ceremonie or circumstance or to any exact forme or particuler maner in teaching what reason can any maÌ„ pretend that the not particularizing of al rites ceremonies or circumstances in the Scripture or the not establishing of any order by the law of the Realm touching discipline should altogether hinder everie Minister from the administration of al discipline in the church For as touching the aunswere that the Ministers may and doe exercise not the Answere to the abstract Pag. 59. least partes of Discipline of declaring by doctrine according to the worde of God mens sinnes to be bound and loosed and the censure of rebuking and reproving Pag. 55. openlie and that the discipline Discipline of declaring by doctrine is called discipline erroneouslie which the Minister is to execute reacheth no further then to reach his Parish with all diligence to keepe and observe so much of the Doctrine Sacramentes and Discipline of Christ as apperteineth vnto them as touching this aunswere I say it is as erroneous as the former were frivoulous and impeâ—tinent For as consolation and comfort by way of exhortation so reprofe and sharpe rebuking by way of dehortatioÌ„ belong properlie to that part of the Ministers function which concerneth the binding and loosing of sinners by doctrine and not by discipline and is but an application of the doctrine to a wounded or seared coÌ„science Hee therefore that leaveth no other Discipline to be executed by the Pastor of the church then of declaring by doctrine mens sinnes to bee bound or loosed and by teaching his Parish to obserue doctrine sacraments and discipline Discipline doctrine confounded by the Answerer confoundeth the matters both of discipline and doctrine Againe if not any other discipline was ment to be attributed to everie Minister then such as is declared by doctrine theÌ„ these words viz. and the discipline of Christ were superfluouslie and idellie added by the Parleament For then had it bene sufficient for the Parleament to haue enioyned the Bishopp to demaund of the Minister onely this and no more viz. Whether will you giue all faithfull diligence to Minister the Doctrine and Sacraments of Christ There is therefore some other kind of discipline of Christ intendeth by the Parleament to be attributed The Parleament intendeth some other discipline then of declaring by doctrine vnto euerie Minister and wherewith also the law of the Realm doth enable euerie Minister then is this maner of discipline of declaring by doctrine teaching the people And this discipline also must needs be vnderstood to be of the spirituall censures of the Church because Christ neuer instituted any other discipline And therefore because our opposites agree with vs in a generalitie that the doctrine Sacraments and Answere to the abstract 55. 60. discipline of Christ are to be Ministred as the Lord hath commaunded onlie none otherwise and yet neuertheles doe dissent from vs touching the persons by whom this discipline is to be ministred because say they everie particuler ceremonie rite or circumstance of externall policie are not set downe in scripture because of this their answere I say it is to be coÌ„sidered First vnto what persons the function of the ministration of the discipline of Christ by the holy Scriptures is coÌ„mitted Secondlie whether the same persons with their functions be arbitrable ceremonious rituall or circuÌ„stantiall to be altered chaÌ„ged by authoritie of the Church as thinges To what persons the discipline of Christ by the scriptures is committed whether the persons bee arbitrable or no. indifferent yea or no. To the first seeing to one and the selfe same person the holie Scriptures attribute these two names Bishop and Pastor thereby signifying what are the two duties which belong to the same one person and seeing also no one person by Gods word is called a Bishop or Pastour in regard of Phil 1. 1. his fellow brethren the other Bishopps Tit. 9. 1. 5. 7. or Pastours but in regard of his owne flocke which he overseeth and seeing 1 Tim. 3. 1â— also in well ordered Churches by the ordinance of God certeyne men of approved godlines called according to the common name of the Hebrewes by the common name of Elders whom partly calleth governors were ioyned as ecclesiasticall Magistrats to the Bishop 1 Cor. 12. 28. Pastor or teaching Elder by whose coÌ„mon direction authoritie ecclesiasticall discipline was practised seeing I say these things are so we affirme that the persons to whom the ministratioÌ„ of the discipline of Christ rightlie belongeth are the persons onlie aboue specified and none other And further we say if any spirituall Discipline or power which directlie belongeth vnto the conscience The Discipline of Christ prophaned if the same be ministred by other persons then the holie scriptures doe appoint be ministred in the church by any other persons theÌ„ by those persons only that the same discipline is not to be called the discipline but a mere prophanation of the Discipline of Christ For as it is vnlawfull for any person to vsurpe any part of the Bishopps or Pastors office which consisteth in spiritual teaching the word and administring the sacraments so is it also vnlawfull for any person to vsurpe any parte of a Bishopps Pastors or Elders office which consisteth in spirituall rule and gouernment Whervpon it secondlie followeth that the same persons with their functions are not arbitrable ceremoniall rituall and circumstanciall as things indifferent to be altered by the authoritie of the church but perpetuall substanciall essentiall and as it were the verie mayne and fundamentall pillers to vphold stay the house of God from all spirituall sliding and falling downe And therefore from the execution of the discipline of Christ we seclude the persons of all humane Archbishopps humane Bishoppes Suffraganes Archdeacons Chauncelors Commissaries Officials and all Rowland Allens because their persons