first fundamentall syllogisme And thus hitherto neither the canon prouinciall ciuill nor statute law hath giuen any direct condemnation against such ministers as are not sufficientlie able to preach and expound the scriptures hauing otherwise competent gifts of learning in some measure Neither are such of them though they be no preachers to be accounted Dumbe and silent who in their churches doo exhort dehort rebuke comfort and also in some degrée instruct their parishioners as their abilitie serueth and occasion is offered Which I know they may as profitablie doo as some who of as meane gifts but of more audacitie than they dare take vpon them to expound and diuide the scripture by preaching vpon some text vnto which they in their whole discourse doo come iust as néere as Germans lips are said to come togither But whie should he vpbraid them with the name of Stipendaries séeing neither they alone neither all they be such and it is a part of the new platforme and church modell to haue all ministers put to a certeine standing pension of monie which may more aptlie be called a stipend bicause if they displease the paiemaisters they shall perhaps be driuen to séeke it Tanquà m stipem ostiatim and so it shall rightlie beare the name of a stipend 10. Section Pag. 16 17 18. BIcause the Abstractor here maketh himselfe angrie and is in a pelting chafe with those that dare presume to answer any thing to his former proofes and that will tell him that the knowledge there spoken of may be verified to be in manie which yet are not fit to preach whom he for such answers calleth Peruerse conceited selfe-weening men soothing themselues and fostering their dotages and fond affectious errours with certeine rules of law whereof they are ignorant as he taketh vpon him here to prooue it shall not be amisse to set downe their answers by him rather pointed at than truelie produced as they lie in the law that they being conferred with his replie the truth may better appeare The ciuill law saith The performance of that which the L. 18. si quid venditor ff de aedilitio â—dic vers haec omnia seller shall speake in commendation of the thing sold is not rigorouslie to be exacted of him but to be taken with a reasonable construction As if he affirme the seruant he selleth to be a staied man we are not thereby to require such a setled gâ—auitie and constancie as is in a philosopher If he affirme him to be painefull and watchfull we may not herevpon looke for continuall toile both night and daie at his hands but all these are with an equitie in some measure to be looked after And againe in the same place He that in the sale of his seruant shall without further addition affirme him to be a cooke be satisfieth the buyer if he performe him to be measureablie skilfull in that trade and the like is to be said of all other kind of arts And in the next law following This is to be vnderstood L. 19. sciendum ff d. §. illud sciendum that if a man promise one to be an artificer he is not hereby strait bound to performe that he is exquisitelie but in some good measure skilfull so that you are neither herevpon to take him to be an absolute workeman nor yet altogither vnskilfull and therefore it sufficeth he be such an one as those be who commonlie are called artificers Where by the waie may be noted that acception of these words knowledge cunning and learning which before Scientia Peritus Non indoctus in sundrie places hath béene spoken of That which is quoted by the author as an answer of some to his allegations out of the canon law is to this effect whereas the Chapter of Capua had chosen an Archbishop Cuius literatura licèt non eminens tamen conueniens extitit whose learning though it was not aboue his fellowes yet was conuenient or competent as he readeth it that in this respect as for want of knowledge the election made of him was not to be reuersed And if this séemed a reasonable decision in an Archbishops election whose high degrée and place requireth a greater and more excellent measure of learning shall we not admit with good reason according to the great inequalitie of places and diuersitie of rewards for learning and varietie of times some degrees as of excellencie competencie and mediocritie of gifts and learning required in a minister Or else shall we vainelie dreaming of a Platonicall Idaea fansie with our selues that a man which a long time hath spent in studie his bodie and of his friends or of his own monie in the Vniuersities perhaps as much as would haue purchased vnto him double as much yeerelie annuitie for his life as the greater part of the seuerall benefices in England be annuallie woorth can so put off to be a man as that then he can endure to take as a reward of all his trauell to susteine in his declining yeeres him and his familie withall such a liuing as the meanest husbandman in most countries hauing a plough tilt shall be able to spend asmuch in his house in a yéere as he And surelie if a surueie were taken of all parish churches and parochiall chapels in England I dare auow that it would fall out that there be double or treble as many more liuings allotted for ministers vnder the true value of thirtie pounds by yéere Vltra omnia onera reprisas as be aboue that rate And how those which be of better liueload are fléeced and corruptlie bestowed in manie places some of those know best who doo seeme most to vrge a reformation in other points whose clamors are like that of him who cried in the pursute of himselfe Stop the théefe Stay the théefe c as fast as the best and are onelie to diuert the eies of preachers from looking on their owne vsuries simonies monopolies and oppressions and to procure them to whet their toongs vpon their brethren whome they sée in better case than themselues are though perhaps in their opinions not so worthie But our author héere telleth vs though something darkelie that the Learning and knowledge of our ministers which are not able to preach whom he verie mildlie and charitablie calleth Bare mumbling ministers is so farre from being to be accounted competent or sufficient that is not by Iustice equitie of law to be reputed meane in that sense which the law taketh it Which if it were true that they were farre vnder that measure which the law requireth yet the illation which herevpon he inferreth that Then they are guiltie of voluntarie intrusion and to be punished for taking vpon them offices without any lawfull calling can no waie follow of those premisses for séeing euerie man is an euill and partiall iudge towards himselfe then not they who offer themselues to the triall and examination for sufficiencie of those whome the lawe herein authoriseth
speciall charge is giuen for inferiour offices And so no doubt he will forthwith conceiue the truth and surcease this furmise for otherwise the decree following shal conuince him manifestly of an errour Pag. 5 PRAESENTI DECRETO c. By this present decre we Bx. de paenit remissio c. cum infirmitas The soule is first to be cured charge and straightly commaund that the Phisitions for the body when they shall be called to any sicke persons they first warne and induce the patients to call for the phisitions of their soules that when they shall haue pronision for spirituall health they may proceede to the more holesome remedie of bodily health considering the cause ceasing the effect likewise ceaseth Here you see the law is generall and extendeth to all in generall as well to poore gentlemen and poore parishioners as to greasie Monkes Friers and Canons seeing the soules of both may he infected and the reasons may be thus gathered 1 That which is most pretious is first to be cured and that which is spiritually diseased is spiritually to be cured 2 But euery mans soule is most pretious and euery mans soule is spiritually diseased 3 Therefore euery mans soule ought first to be cured and euery mans soule ought spiritually to be cured OUt of which conclusion followeth this consequent namely sithence euery soule is spiritually infected and euery soule spiritually infected must be spiritually cured that therefore euery soule ought to haue a spirituall Phisition able to apply a spirituall medicine and to cure his spirituall disease otherwise it were absurd to command that spirituall diseases should be healed without spiritual phisitions appointed to that purpose But this is too too plaine We wil proceed CVM SIT ARS ARTIVM c. Considering the gouernement Ex. de aetat qâ—ualâ— c. penult of soules is an Art of al Arts wee straightly commaund that the bishops either by themselues or by other fit meÌ„ do instruct or diligently informe them that are to be promoted to be Priests touching holie offices and Ecclesiasticall Sacraments how they may be able rightly to celebrate them For if they shall hencefoorth presume to ordaine such as are vnskilfull and ignorant wee decree that both they that do ordaine and they that are ordained be subiect to greeuous punishment For it is a thing more holy especially in the promotion of Cleargie men to haue a fewe good ministers then a great many euil because if the blind lead the blind they both shall fall into the ditch 1 Unskillfull and ignorant men ought not to be admitted to an office wherein greatest knowledge and cunning is required Pag. 6 2 But to the gouernment of mens soules greatest knowledge and greatest cunning is required 3 Therefore to the gouernment of the soules of men vnskillfull and ignorant men are not to be admitted THe first proposition is proued by two reasons the one à comparatis by a comparison the other ab euentu from the euent The second proposition is the reason of the lawe it selfe because the gouernment of soules is ars artium a cunning past all cunnings The former reason which is by way of comparison is euident It is a thing much more holy to haue a litle good then much euill wherevnto agreeth that which is written in the 23. distinction chap. Tales Tales ad ministerium eligantur clerici qui dignè possunt c. Let such Clearks be thosen vnto the ministerie which may worthily handle the Lords Sacraments For it is better to haue a fewe Ministers which may worthily exercise the worke of God then many vnprofitable c. And in like case the Emperour Melius est pauca idoneè effundere D. Cod. De veter lure enuclea l. 55. contrariuam Authen De tabell coll 4. Authen De referen in fiâ—e coll 2. quà m multis inutilibus praegrauari melius est pauca agere cautè quà m multis periculosè interesse multitudo onerosa nihil habet honesti It is better to vtter a fewe things aptly then to burthen men with many things vnprofitably and it is better to doe a fewe things warely then to be conuersant in many things daungerously And a multitude altogether burdensome hath no shew of honestie And againe the Canon concludeth Tutius est ea sine periculo ex necessitate quae legem non habet omittere c. It is more safe to omit those things without danger vpon necessitie which hath no law then that through rashnes condemned by lawe they should not without great danger be vainly conferred Whereas a certain shadow only may appeare in the deede but no truth follow in effect Pag. 7 All which principles by common experience are so wel and familiarly knowne vnto euery one of vs that they neede few colours to paint them out For as touching our foode diet our furniture apparel our pastimes pleasures our busines affaires we can euery mothers son deeme it farre better to haue a litle sweete holesome meate cleanly dressed then many dishes vnsauourly seasoned that a woman fine and neat in simple attyre is more to be commeÌ„ded then one vngainely apparelled in sumptuous robes That a man were beeter to keepe one proper horse or one high flying Fawcon a kilducke then ten resty iades or ten bangling bussards That one discreete painefull and diligent seruant will doe his maister more honestie and get him more lucre and aduantage then twenty idle and loytering merchants And can we be so prouident for our bodily sustenance so vigilant for our earthly pleasures so circumspect for our worldly affaires and shall we be altogether blocks and without all sense of vnderstanding what is most healthfull most pleasant and most profitable for our soules Can we be wise touching the affaires of this life and shall we be foolish for the life to come Can we be heedefull for matters momentanie and of no value or continuance and shall we be heed elesse in matters of eternitie and such as concerne our beatitude for euer If any man thinke that a fewe good ministers wil not serue to bring the people of God vnto God wil he therefore conclude that he may lawfully appoint many Ministers of the deuils culling to bring them to the diuell The second reason is taken from the sequell or euent which might happen if remedie were not sought If the blind lead the blind they both shall fall into the ditch And it hath many other grounds and conclusions of lawe to found it selfe vpon namely Talis debet eligi cuius comparatione caeteri grex dicantur 15. Distine nomine Constitutio Otho quam ad venerabiles Et minister debet esse forma gregis ad quam se debent subditi reformare debent esse ministri in exemplum quasi signa posita ad sagiuandum Pag. 8 Such a man ought to be chosen to haue the charge of a flocke in comparison of whom the multitude he hath to
iuri communi Statutes ought so to be vnderstood that they may adde somewhat to common right Circa sublimes literatas personas quae maioribus beneficijs sunt honorandae cum ratio postulauerit per sedem apostolicam poterit dispensari Conceruing men of Nobilitie and learning who with greater 3. Extr. de prebend c. fi de multa benefices are to be honoured the Apostolike sea if reason shal require may dispence with such And in another Chapter the same is confirmed Pag. 127 MVLTA ENIM in hoc casu dispensationem inducere videbantur literarum scientia morum honestas vitae virtus fama personae multiplieiter a quibusdem etiam ex fratribus nostris qui eumin Extr. de elec c. innotuit scholis cognouerant approbatae Manie things in this case seemed to leade to the graunting of a dispensation his learning his honest conuersation his vpright life and the good report of the person diuerslie commended euen by some of our brethren vvhich knevv him at schoole These gifts and graces these qualities these conditions are incident and appertaine by common right to these men that by waie of dispensation may possesse manie benefices Whosoeuer then is not commendable for his learning for his honestie for his sincere life or not of some auncient and noble familie the same man by lawe is vtterlie barred and secluded from this benefit The second qualitie required to the validitie of euerie dispensation is the waightinesse of some speciall cause as appeareth in the Chapter before recited in these words Cum ratio postulauerit when reason requireth And againe wee aunswere saith Alexander the third in a decretall Epistle written to the Bishop of Exceter that it belongeth to the iudgement of Extr. de voto c. 1. him that is President that hee consider diligentlie the cause of communication and so accordinglie to dispence And by the Chapter Magnae Extra de voto It is plaine and euident that there must be some speciall cause knowen for the which euerie dispensation is to be graunted For as I saide before to the ende that euerie dispensation be good and auaileable by Law there is required necessarilie both the abilitie of the person to whom and the iustice of the cause for which the same ought to be giuen For neither may an able man without a iust cause neither a iust cause without an able man moue the Iudge in anie wise to dispence And to tell you what these speciall causes are in few wordes they Pag. 12l are these vrgent necessitie and euident vtilitie of the Church Extra de ele c. cum nobis Propter vrgentem necessitatem euidentem vtilitatem ecclesiae Capuanae quam in hac parte potius approbamus volumus ipsum firmiter perdurare For the vrgent necessitie and euident vtilitie of the Necessitie vtilitie of the Church onely iust causes of a dispensation 1. q. 7. requiritis 〈◊〉 nisi Church of Capua which on this behalfe wee rather haue respect vnto our pleasure and will is that hee continue It is vnlawfull by common right for a Monke or laie man to bee admitted to the gouernment of anie Church with cure of soule yet notwithstanding if by reason of warre famine persecution or other extraordinarie cause the office of pastorall teaching did cease so that the people had none to instruct them in the waie of saluation now in this case it is lawfull for him that hath authoritie to dispence with a Monke or laie man endued with learning to the end hee might by instruction bring the people to knowledge It is vnlawfull that children borne of a Runne violentlie taken aware and married should be admitted to anie Ecclesiasticall orders Notwithstanding if the great profit or necessitie of the Church require they may by dispensation bee admitted Suppose there were a custome of long continuaunce and time out of minde in the Church of Paules contrarie to the first foundation of the Church that not onelie the Prebendaries dailie present at diuine seruice but also others absenting themselues should receiue euerie one a like some dailie pention either in money or some kinde of victuall this custome by lawe is voide because it is vnreasonable And yet notwithstanding anie iust and necessarie infirmitie of the bodie of anie Prebendarie or euident vtilitie of the same Church may bee a lawfull and sufficient inducement for the Ordinarie to dispence with the not restoring of that which was vnlawfullie taken vnder pretence of the former custome Pag. 129 If by the first foundation of the Church of Paules tweine Prebendaries were appointed to bee mainteined by the reuenues of the Church and the sayd reuenues were not sufficient for the mainteinance of these twelue the Bishoppe then in this case if the necessitie and vtilitie of the Church so require may annect certaine other Chappelles for the mainteinance of the sayde Prebendaries These examples doo sufficientlie prooue that euerie dispensation priuiledge or immunitie ought to bee grounded vppon some iust and reasonable cause and that the sayde iust and reasonable cause ought euermore to bee the vrgent necessitie and euident profit and commoditie of the Church And that the said vrgent necessitie and euident commoditie of the Church ought euermore to bee vnderstoode the well gouerning of the soules of the people If therefore neither vrgent necessitie or euident vtilitie of the Church require that anie one should haue manie Benefices yea rather if it bee most profitable and necessarie for the Chruch that one man should haue but a liuing appointed for one man and that by ioyning benefice to benefice and Church to Church the Church indeede is meruailously wounded grieued and molested and that the soules of the people are thereby not gouerned at all but lefte at randon to their owne direction hauing no guide to conduct them euerie one may euidentlie discerne dispensations in that behalfe to be altogether intollerable hauing no ground nor foundation of reason equitie or lawe but onelie graunted for the priuate gaine and iucre of some couetous and vaine glorious persons Whereas it may be answered that the statutes of the realme licensing diuerse Ecclesiasticall persons qualified either by degree of schoole or by seruice vnto nobilitie ought more to be respected in this behalfe then the reasons of the Canon law Herevnto I aunswere that for my part I heartelie desire and praie vnto God that these lawes might be respected and that the law of England might rule an English man in this case But alsse our lawes are bels without clappers they are founded but they found not they are bands but they binde not Pag. 13 For though by the statutes of the realme certaine noble mens Chaplaines others graduated in the Uniuersities be qualified and made capable of dispensations yet I denie the lawes of this Realme to approue anie manner of dispensations tollerable at all for anie kinde of these qualified men vnlesse the same be first in cases of
AN ABSTRACT OF CERTAINE ACTS OF PARLEment of certaine her Maiesties Iniunctions of certaine Canons Constitutions and Synodals prouinciall established in force for the peaceable gouernment of the Church within her Maiesties Dominions and Countries for the most part heretofore vnknowen and vnpractized Cod. de Epis Cler. 1. Nulli licere ⧠Neither let them feare to be called and suspected picke-thanks seeing their faithfulnesse and diligent trauell carrieth with it as well praise as honestie and godly Zeale hauing published the truth to the eares of all men and brought it to the open light PROVERB 31. 8. Open thy mouth for the dumbe in the cause of all the children of destruction To the Christian Reader Thou hast seene beloued by long experience a lamentable contention to haue growen and continued in our English Church about reformation of Ecclesiasticall discipline and popish ceremonies whereby the quiet and peaceable estate both of the Church common wealth haue bene shrewdly troubled and brought in hazard The causes of which war and dissention I leaue to the good consideration of thy godly wisedome onely I am to intreat thee to accept this my labour bestowed vpon the study of the lawes appointed for the gouernance of the same Church hoping that by the authoritie of hir excellent maiestie and the counsaile of the honorable fathers and gouernours of hir highnes empire they may hereafter not onely be better executed but also if the case so require be reuisited For were the same lawes either better knowne vnto the whole Church either better executed by those vnto whome our gracious Soueraigne hath committed their Execution no doubt but very many and notable points of such controuersies as haue bene a long time amongst vs would be easily and speedily by the same lawes decyded I am not beloued in this so waighty a cause absolutely to rest my selfe vpon the skill of mine owne simple iudgement onely according to the knowledge giuen vnto me I haue for my part faithfully laboured to cite the lawe for that ende and purpose wherevnto I take the same to haue bene first ordeined And therefore I am hartely to desire thee to accept of this my labour and trauaile vndertaken not onely for the defence of her highnesse Lawes but also for my brethren and neighbours sakes and that peace and prosperitie might be within the wals and pallaces of Ierusalem Farewel and pray in thy spirit for the preferuation of the life of our gracious Queene ELIZABETH Pag. 1 AN ABSTRACT OF CERTAINE ACTES OF Parlement of her Maiesties Iniunctions Canons and Synodals Prouincial esta blished and in force for the peaceable gouernment of the Church within her Maiesties Domini ons heretofore for the most part vnknowne and vnpractised BY an act of Parliament made the 25. H. 8. C. 19. intituled An act concerning the submission of the Cleargie c. It was enacted as followeth Pag. 2 Prouided also that such Canons constitutions ordinances and Synodals prouinciall being alreadye made which be not contrariant nor repugnant to the lawes statutes and customs of this Realme nor to the domage or hurt of the Kings prerogatiue royall shal now still be vsed and executed as they were before the making of this act c. This act is reuiued 1. Eliza. ca. 1. Out of this act I conclude that all Canons constitutions ordinances synodals prouincial made before this act requiring and commanding a learned Ministerie prohibiting many benefices to be giuen to one man prohibiting ciuil iurisdiction to be in Ecclesiastical men and prohibiting one man to excommunicate for that such Canons c. cannot be contrary or repugnant to the lawes of this Realme nor hurtful to the Kings prerogatiue are in force ought to be executed therfore by this act all the Canons specified in any part of my treatise are in force so by vertue of this act a learned ministerie commanded Pluralities forbidden c. Pag. 3 A LEARNED MINISTERIE A learned Ministerie commanded by the Lawe NIHIL EST. c. There is nothing that may Ex De elect Cap. Nihil est hurt more the Church of God then that men vnworthy are taken to the gouernment of soules VVe therefore willing to apply a medicine to this disease decree by an inuiolable constitution that when any shall be chosen to the gouernment of soules he to whome the confirmation of his election appertaineth diligently examine both the processe of the election and the person elected to the ende that if all things concurre aright he may confirme him in his function For otherwise if any thing shall be vnaduisedly attempted not onely he that is vnworthily promoted but also the vnworthy promoter himselfe shall be punished and if any man shall approoue any of insufficient learning of an vnchast life or not of lawfull age when his negligence herein shall appeare we decree him to be punished thus not onely that he be quite depriued of power to confirme the next successor but least by any meanes he might scape vnpunished that he be also suspended from the commoditie of his owne benefice Out of which constitution these conclusions may briefly thus be gathered 1 Whatsoeuer is hurtfull to the Church of God the same is to be forbidden 2 But it is hurtfull to the Church of God to haue vnworthy men taken to the gouernment of soules 3 Therefore the same is to be forbidden 1 He that cannot worthily execute his office is not to be admitmitted to holy orders and Ecclefiasticall dignities 2 But a man of insufficient learning and of vnhonest conuersation cannot worthily execute his office 3 Therefore such a one is not to be admitted to Ecclesiasticall dignities Pag. 4 IF any iudge the meaning of this Chapter to be onely of superiour Prelats as Archbishops Bishops Abbots or such like elected by some common societie of Canons Monkes Friers or collegiat Priests because of these words Election and Confirmation properly applied to such and not to inferior ministers which are properly sayd to be presented and instituted then is such both diligently to marke the reason of the decree prouiding a remedie against the detriment that might redound to the Church in both cases if for both remedies were not before hand prouided And also to vnderstand that the name of Prelate is by law attributed likewise to euery Parson and Uicar hauing cure of soules Quia quilibet qui praeest â—â—ae animarum dicitur esse Praelatus Euery one that is preferred to the cure D. ex de eleric â—grotant â—â—sud giâ—s lynd Consti de sâ—cra iterâ—nd c. ignorantia vers praelatâ— of soules is named by this name Prelate And also that election and confirmation in and to the superiour functions haue but the very same effect to the obtaining of their promotions that presentation and institution haue to the inferiour Ministers for enioying of their benefices then is such I say to consider all these things together with the ende of the Chapiter where
through want of foresight of the waightinesse of the office vnworthily haue taken vpon him the gouernment Perill of soules cause of renunciation of anie Church a burthen too heauie for him to beare hee may foorthwith forgoe and renounce the same both so to be disburthened himselfe and that the Church also might be furnished with some able man to supplie the necessitie thereof PRO DEFECTV SCIENTIAE c. For want of Ex. deprabend â— veneâ—â—bilis knowledge a man may desire cession for whereas knowledge is chiefly necessarie about the administration of spirituall things and also behoofefull about the charge of temporal things let it be lawful for him that hath charge to gouerne the Church in these things to renounce the said Church in case he haue no knowlege whereby he may gouerne the same For saith the Lord thou hast reiected knowledge and therefore I will reiect thee that thou be no Priest vnto me Hence may be gathered two arguments the one to prooue the necessitie of knowledge in a spirituall Pastour the other to proue a lawfulnesse for the renouncing of that which without great preiudice and hurt to himselfe and others he cannot retaine Pag. 12 1 Hee that taketh vppon him the administration of spirituall things must haue the knowledge of spirituall things 2 But he that taketh vpon him the gouernement of the Church taketh vpon him the administration of spirituall things 3 Therefore he that taketh vppon him the gouernement of the Church must haue the knowledge of spirituall things 1 It is lawfull for euerie man that taketh vpon him a charge or function without knowledge howe to gouerne the same charge to forgo and forsake the said charge or function 2 But euerie vnlearned minister hauing a charge is without knowledge how to gouerne the same his charge 3 Therefore it is lawfull for him to renounce his said charge ANd againe euen to auoid the perill of soules and that neither age neither anie bodily disease or importencie shoulde be anie occasion or hinderance to the people from hauing and enioying the benefite of a teacher the lawe prouideth in this case also as followeth PETISTI c. Thou desirest that for thy age growing vpon 7 q 1 Petisti thee and thy bodily infirmitie thou mightest without aduise in the same seat where thou gouernest place one in thy stead but we God being our helper giue counsell to thy holinesse that for the helpe of reasonable mens soules Christ being thy guide thou do not leaue these which thou obtainest in the Church of Ments but if the Lord according to thy request shal giue vnto thee a perfect man who may take vpon him the care for the health of soules thou shalt ordaine him Bishop in thy place and hee shall be in the Gospell committed vnto thee and in bearing the ministerie of Christ in euerie place shall visite and comforte the Church of God Pag. 13 All which Canons and constitutions being made and published long sithence are againe confirmed ratified and allowed by latter constitutions decrees and ordinaunces as followeth AD REGIMEN c. Although we by disposition from aboue Ex. commâ—â—â— de Praeb dig c. Ad regimen vnworthily called to the gouernment of the vniuersal church as we ought so haue wee in our desires that by our indeuour and diligence fit men be taken to the regiments of Churches and Monasteries and other Ecclesiasticall benefices according to the diuine pleasure and our purpose and intent which might rule and profite the Churches Monasteries and the foresaid benefices to be committed vnto them And againe CVM ECCLESIAE c. Forasmuch as the Churches Clement de aetaâ— quali ep 1. wherevnto vnfit parsons in knowlege manners or age are preferred suffer for this cause as experience teacheth in their spiritualties and temporalities oftentimes great detriments wee willing that this thing by the Diocesanes of the places vnto whom this charge by reason of their office appertaineth be more diligently foreseene straightly inioyne that they themselues more diligently obserue and cause inuiolably to be obserued by their subiects such canonicall constitutions as haue hitherto beene published for the preferring of parsons vnto such Churches if they will auoid the displeasure of God and the punishment due by the Apostolike sea And not onlie these Canons established and confirmed by the Popes Act of Parliament but euen our owne prouinciall constitutions made long sithence for the realme of England haue ordained and established a learned ministerie and appointed an able and fit state of Cleargie men to be had throughout the whole Empire and Dominions of her Maiestie The tenor or some of which constitutions followeth First Exigit namque ars nostra catholica vt sit vnicus in vna ecclesia Otho constitu câ—â—sit ars §. exigit sacerdos alià s magister perfectus ordine habitu vita sancta scientia doctrina For our Catholique religion requireth that in one Church there be one Priest otherwise called a perfect teacher in order and habite in holie life in knowledge and in doctrine Pag. 14 Secondly Absq magistro praeterea ecclesia desolata manet saepe die nec persona in ea nec saliem vicarius perpetuus inuenitur sed aliquis forte simplex sacerdos de vita sancta scientia doctrina est ei nimis modica heu cura Without a maister the Church oftentimes remaineth de solate hauing neither parson nor anie continuall vicar but perhaps some seelie ignorant Priest but as touching their holie life their knowlege and their doctrine alas there is too too little care had Pag. 15 SACER ORDO c. A sacred order is to be conferred to Otho const cum sit aâ—◠§ absue him that is most worthie to the end that by him the other Sacraments might be ministred Wherefore since it is a thing verie perillous to ordaine men vnworthie idiots illegitimate irregular persons vnlearned persons vagarant and such as haue not anie certaine or true title indeed We ordaine that before the conferring of orders diligent inquisition and search be made by the Bishop of al these things Which constitution whether it be obserued or no I referre the reader to the directions of the Bishops Canons Wherein they manifestly tell vs that they proceede first and enquire afterwards that they first giue the Minister a charge appointing him to teach and afterwards send him to the Archdeacon or his officials court to learne as is manifest in their Canons published in the yeare of our Lord 1571. Title Archdeacon and also in the Aduertisements Title Ecclesiasticall pollicie Wherein they haue not attended the meaning and intent of Lawe which alwaies requireth Vt qualitates adsint eo tempore quo dispositio sumat effectum That â—art in l. si quis posthumos § filium nâ— 3. ff de li. posthâ—â— ff de minor l de aetate de feriis le 2. qualities must then be had when the
thus Pag. 18 1 Whosoeuer taketh vpon him the office of a teacher amongst the people of God ought alwaies to attend to reading to exhortation and to dwel in the same Pag. 18 2 But the Minister taketh vppon him the office of teaching amongst the people of God 3 Therefore he ought to attend to reading to exhortation and to dwell in the same 1 He that taketh vpon him the office of a teacher amongest the people of God ought to bestow his labour in preaching and in doctrine 2 But a Minister hath taken vpon him the office of a teacher 3 Therefore he ought to bestow his labour in preaching and in doctrine Wherevnto agree diuers other decrees following THe reason why a Prior shoulde haue knowledge and be learned is for that the lawe chargeth him with cure of soules PRIOR AVTEM c. Let the Prior in comparison of the Ex de statut Monacho c. cum ad Moenasterium § prior rest next after the Abbot be a man of power as well in deede as in worde that by his example of life and worde of doctrine he may instruct his brethren in that which is good and draw them from euil hauing zeale of religion according vnto knowledge both to correct and chastise offendours and also to comfort and cherish the obedient Out of which constitution I conclude thus à similibus ad similia From like vnto like 1 Whosoeuer cherisheth and comforteth the obedieÌ„t to the faith and correcteth or improoueth the disobedient must be mightie in word and deede 2 But euerie Minister ought to cherish and comfort the obedient to the faith and to correct improoue the disobedient 3 Therfore euery Minister ought to be mightie in word deed Pag. 19 ANd therefore sithence both in this and in the former constitution the lawe-maker abused the worde of the Lord and applieth it to haue people taught false religion I meane Popish religion for that was the intent of the decrees And seeeing the Chaplaine of the diuell applieth the truth to establish his diuellish doctrine and vnder colour of veritie were so carefull to feede the soules of them that beare his markes with errour superstition and false religion Popish religion Seing I saie the superstitious law maker was so carefull for his superstitious time Our chiefe Prelates who haue not yet abandoned the pollicie of this traiterous law-maker as perillous for the gouernement of the state of the Lordes houshold ouer whom they challenge the gouernement but with tooth naile maintaine this his pollicie to be a pollicie meete for the Lords seruaunts to be guided by what can they ansâ—ere in defence of their wilfull disloyaltie to the Lord in this behalfe The lawe which the enimie vnto the Lord did make in the time of Popery for maintenaunce of popish procurations popish dispensations popish ceremonies popish non residents popish excommunications popish visitations popish paiments of oblations popish courts of faculties popish licences the very same laws and the selfe-same ordinances to serue their owne turnes they turne to the maintenaunce of their prelacies dignities and ministeries vnder the Gospell A reason of these their doings if they were demaunded I coniecture would be this namely that a law appointed by the aduersarie to abuses hauing good grounds may be applied to good vses and that it is not executed now any more as the popish law but as the law appertaining to her Highnesse crowne and regall dignitie being established by the high court of Parlement Pag. 20 Wherein touching the former they saide somewhat if the matter did consist inter pares and not the most highest as it were accusing him that he had not dealt faithfully in his fathers houshold giuing them as perfect a law for the gouernment of his houshold by discipline as by doctrine And yet by their leaues why then should not this law of the enimie last specified nay rather now their owne law hauing better grounds and better reasons for the validity thereof than the lawes mentioned before concerning their prelaties and dignities c. Why I say should not this be as auaileable with them now to exhort the people vnto the truth as it was with the idolaters to exhort vnto lies to dehort now from popery as it was then from the Gospell to instruct men now in the true knowledge of Christ as it was then to teach men the knowledge of Antichrist to correct offendours now against pietie and holie religion as it was then to correct contemners of impietie and prophane religion to comfort and cherish the obedient now to the faith as it was then to comfort and cherish the disobedient to infidelitie and Paganisme Touching the Acts of Parlament sithence they chalenge by them immunitie for the confirmation of their abuses it were requisite for them to giue the seruaunts of the Lorde leaue a little to chalenge as great a priuiledge by the same for the stabishment of the right vse of things through their default yet amisse and out of frame with vs. If the cause of the former in truth and veritie be as good as the cause of the latter in shew and semblance onely yea if it be far better for theirs in truth is starke naught the law authorize for the one indeed that that the same law in appearance onlie approueth for the other If for their fellow seruants sakes they will not be more fauorable vnto their Lord maisters cause yet were it expedient for theÌ„ to be intreated to be more fauorable to the iustice equitie of their owne laws than continually by placing vnable men in the ministery thereby as it were accusing the same of imperfection and insufficiencie Pag. 21 as though it tollerated anie such thing when as in truth it doth nothing lesse euermore speaking as followeth Pag. 22 VERVM QVI. A c. But because after Baptisme amongest Extra Cum de priuilegiis c. mtcr cuÌ„ctas § verum quia other things the propounding of the worde of God is most necessarie vnto saluation whereby the hearers hearing that which is our victorie be instructed in the faith be taught to flee things to be auoided and to followe things to be followed by which such as by sin are fallen do rise againe wee haue great care that such brethren be promoted which by sweete oile of the worde may comfort our subiectes may forbid them sinnes may nippe the wounds of their sins by reprehension and may prouoke and induce them to purge and wipe their offences with bitternes of repeÌ„tance Vnto the execution whereof the knowledge of the lawe of God is required the integritie of life and soule is to be had For it is written Thou hast refused knowledge and I will refuse thee that thou be no Priest vnto me because the lips of the Priests keepe knowledge and they search the law at his mouth For otherwise he can not as his duetie is discerne betweene sinne and sinne c. All which decrees of
themselues are plaine and sufficient inough to impugne and ouerthrowe all opinions whatsoeuer vainely conceiued against the prouision and validity of Law authorizing or ratifying as it is vntruely surmized either anie vnpreaching and vnlearned ministerie or anie vndiscreet vnhonest or vngodlie persons to execute anie offices in the Church For by these decrees established first by the enimie of true religion for the planting of his superstition but now turned by our pollicie from that vse and made a law for the gouernement of the Church are so many speciall proprieties of a true pastour so substantially pointed out that none without too too great immodestie may in anie wise affirme the law to be defectiue heerein Wherevnto our English constitutions and synodals prouincial may be annexed as directly and euidently proouing with what manner of competent and conuenient knowledge euerie Minister ought to be adorned PRAECIPIMVS saith the prouinciall constitution VT QVILIBET Sacerdos plebi praesidens quater in anno hoc est semel in qualibet quarta anni die vna solemni vel pluribus per se vel per alium exponat Prouâ—gu lind de osti Archi. pres ignorantia saccrdotum populo vulgariter absque cuiussque subtilitatis textura fantastica 14. fidei articulos decem mandata Decalogi duo praecepta Euangely c. Wee commaund that euerie Priest president ouer anie people foure times euerie yeare that is to saie euerie quarter of the yeare in one or more solemne daies by himself or some others expound vnto the people in their vulgare tongue without anie subtiltie the 14. Articles of the faith the tenne Commaundements the twoo precepts of the Gospell c. Heere are you to see the particularities laid foorth wherein euerie Minister ought to be exercised how often how plainely and sincerely he ought to teach Wherein our fathers in time of ignorance and superstition were more zealous than we in these daies of the true light and knowledge of the Gospell For from hence quarter Sermons now amongst vs haue crept in and had their Quarter sermons froÌ„ vvhence they came beginning though now fostered with greater corruption than in those former daies they were For proofe whereof the Reader shall vnderstand that these wordes Semel in qualibet quarta anni die vna solemni vel pluribus per se vel per alium In euerie quarter of the yeare in one or moe solemne daies by him selfe or some other haue not this meaning that it was sufficient for the president of the people absolutely by an other foure times in the yeare onelie to preach and to instruct the people as it is nowadaies amongest vs Pag. 2â— practised but the meaning is that the Articles of the faith the tenne Commaundementes the twoo precepts of the Gospell c. should indeede of them be expounded and made knowen vnto the people foure times in the yeare and that in foure seueral solemne daies if it were so possible But because the law-maker did foresee that it was impossible that with anie fruite this so great a worke could be finished therefore both to take awaie all cauisting from the people who might thinke it sufficient to haue quarterly Sermons and also to the end the Pastour might be kept in a continual exercise of his dutie this Pluribus was added to the intent that the whole dotrines might once euery quarter be wholie expounded So that semel is not heere taken for simul that these doctrines should once Glossa ibid. euery quarter all togither and at one time alone be taught but that they should be once euerie quarter at particular and seuerall times particularly and seuerally be taught for so though they be at many times particularly taught yet in the whole they may be said to be but once in a quarter whollie taught And these wordes per se vel per alium by himselfe or by an other haue an other manner of exposition than a great manie vnderstand or think them to haue For it is commonly thought sufficient that these words per alium by another be vnderstoode in case the Pastour himselfe be altogither ignorant But the meaning thereof onelie is thus CVM CONTINGAT quod Episcopi propter su as corruptiones multiplices vel inualitudines corporales aut hostiles incursus seu occasiones alias ne dicam us defectum scientiae quod in eis reprobandum est Ex. de offi iud ordin c. inter caetera omninò nec de caetero tollerandum per se ipsos non sufficium ministrare verbum Dei populo c. If the Bishops for some necessarie businesse or bodilie infirmitie or hostile inuasion or other occasions wee wil not saie for want of learning which is to be reprooued in them and heereafter not to be tollerated can not by them selues minister the worde of God vnto the people that then it shall be lawful for him to choose some other fitte person to supplie his roome Pag. 24 A Bishop ought personally to visite his Diocesse and an Archdeacon his Archdeaconrie and yet neither of them both ought to visite by an other vnlesse he be Infirmus vel aliter legitimè impeditus Glos linw. cle cens ca. verb. rationabili quò minus possit personaliter visitare Diseased or haue some other lawfull impediment so that he can not visite in his owne person And it is concluded in the case of residence that one bound to keepe residence must keepe it by himselfe Et quis debet residentiam facere Ex. de cler non residen c. conquerenti per se non per alium nisi fecerit potest priuari Moreouer it is directly forbidden that the office of preaching should be deputed to anie other C AETERVM SALVO c. But sauing the Legate of the The office of preaching may not be deputed to others Apostolike sea let it be lawfull to no man to whome it shall be commaunded to preach the crosse to excommunicate or absolue anie heereafter to committe the same things to others because not anie iurisdiction but rather a certaine ministerie is committed vnto him in this behalfe All which things are more at large manifested by the last chapter of the former title in Lindwood where the Priests are commaunded to be diligent teachers of Gods word that they be not accounted dumb dogges The words of the Chapiter are these PRAESENTIS CONSILII c. By the finall determination of this present counsel we haue straightly inioyned that Parsons and Vicars labour to informe the people committed vnto them with the foode of Gods word according to the measure that shall be inspired vnto them that they be not worthily adiudged dumb dogges seeing that with holesome barking they chace not awaie the biting of spirituall VVolues from the Lords sheepefold And the reason of this prouincial is deriued froÌ„ another decree INTER CAETERA c. Amongest other things belonging to the saluation of Christian people the foode of the word
otherwise to preach then as he shall be licensed therevnto by him the Bishop As touching the Iniunctions the aduertisments and the articles of religion wherein mention is made sometimes that Parsons Vicars and Curates sometimes that the Minister shall reade Homilies they may easily be reconciled by this statute For the Iniunctions set forth primo Elizabeth the aduertisements and articles set forth septimo Elizabeth and this statute being made 8. Elizabeth and so since doth bound and limit the meaning of the Iniunctions and aduertisements For whereas before the names were vsed in them confusedly this statute doth aptly distinguish them applying properly euery proper office to his proper officer and bringing those names before recited vnto two principall heads For though there be Parsons Vicars Curates and Ministers generally in the Church of whome mention is made in the Iniunctions articles and aduertisements yet these and euery one of these must by this statute be either a Deacon or a Minister specially And being a Deacon he ought to execute the office of a Deacon and being a Minister the office of a Minister by this statute and so a Deacon if he be a Parson Vicar or Curate he must execute the office of a Deacon onely that is he must read the Scriptures and Homilies by this statute Likewise a Minister if he be a Parson Vicar or Curate he must minister the doctrine and sacraments and discipline of Christ he must be a dispensor of the word of God and he must preach onely and yet in saying that he must preach onely I doe not exclude him from doing those other dueties Sine quibus illud fieri non potest Pag. 41 Without the which he cannot preach as from reading the scriptures and praying with the people but I exclude him from those things onely which are not incident to his office as from reading of Homilies for he may preach and neuer read Homilies but he cannot preach profitably vnlesse he reade the Scriptures and vse prayer What wil you then by law positiue barre all Ministers that be Parsons Vicars or Curates and yet cannot preach from reading Homilies I answere that whether they can preach or cannot preach Currat lex Let the law runne and let him that hath defiled his hands by laying them vpon such a one contrary to the commaundement of the Lord and contrary to the lawes of his gouernour vnder whome he liueth and by whome he hath his preferment holde vp his guilty hands vnto the Lord for mercy in the day of the Lord and fal downe before hir Highnesse for hir gracious pardon in so abusing hir Highnesse lawes And to the ende you may see more apparantly these two offices by the law it selfe to be thus distinguished I haue set downe the Bishops words pronounced by vertue of the statute vnto the Ministers as followeth You haue heard brethren as well in your priuate examination as in the exhortation and in the holy lessons taken out of the Gospell and out of the writings of the Apostles of what dignitie and of how great importance this office is wherevnto ye be called moreouer I exhort you in the name of our Lord Iesus Christ to haue in remembrance into how high a dignitie and to how chargeable an office ye be called that is to say to be the messengers the watchmen the Pastors and the stewards of the Lorde to teach to premonish to feede and prouide for the Lordes familie to seeke for Christ his sheepe that be dispersed abroad and for his children which be in the middest of this naughty world to be saued thorough Christ for euer Pag. 42 haue alwayes therefore printed in your remembrance how great a treasurie is committed to your charge for they be the sheepe of Christ which he bought with his death and for whome he shed his bloud the Church and Congregation whome you must serue is his spouse and his body and if ye shall see the same Church or any member thereof to take any hurt or hinderance by reason of your negligence ye know the greatnesse of your fault and also of the horrible punishment which will ensue Wherefore consider with your selues the ende of your ministerie towards the children of God toward the spouse and body of Christ and see that ye neuer cease your labour your care and diligence vntill you haue done all that lyeth in you according to your bounden duetie to bring all such as are or shall be committed to your charge vnto that agreement in faith and knowledge of God and to that ripenesse and perfectnesse of age in Christ that there be no place left among them either for errour in religion or for viciousnesse in life As here you see the whole summe of the office of a Minister recited by act of Parlement and pronounced by the Bishop So in the whole action of ordering Ministers both the Bishops interrogatories and the parties answeres and all tende to admonish the Minister still of his duetie in teaching and instructing the people and in preaching Where the whole action of ordering Deacons tendeth to admonish the Deacon of his office in reading As thus Will you diligently reade the same vnto the people assembled in the Church where you shall be appointed to serue Answere I will Pag. 43 And againe It pertaineth to the office of a Deacon to reade holy Scriptures and Homilies in the congregation And againe Take thou authoritie to execute the office of a Deacon in the Church of God and take thou authoritie to read the Gospell in the Church of God And then one of them appointed by the Bishop shall reade the Gospell of that day And no doubt the whole house of Parlement had a singular care to haue these offices distinguished by their law euen as they are distinguished by the lawe of Christ himselfe as appeareth both by the places of Scripture appoynted by the statute to be read for euery office And also by appoynting the prouision for the poore vnto the Deacons And furthermore it is his office sayth the Bishop by the same statute where prouision is so made to search for the sicke poore and impotent people of the parrish and to intimate their estates names and places where they dwell to the Curate that by his exhortation they be relieued by the parrish or other conuenient almes And therefore I conclude againe that the Bishop can no more appoynt the office of prouision for the poore vnto a Minister then he can change or alter an act of Parlement And therefore that he can no more commaund a Minister to read Homilies then he can commaund him to make prouision for the poore For as touching these words toward the latter ende of this action Take authoritie to preach where thou shalt be appointed Whereby they take hold no otherwise to suffer them to preach then as they shall be licensed afterward by writing hath neither head nor tayle They make by their fauourable pacience a construction thereof
one whom he cannot by the lawes of the land refuse But peraduenture he will saie by presentation institution he ment the first ordering of him to the ministerie which is meere voluntarie in the Bishop A contrarietie to himselfe Yet héerein as he speaketh improperlie so dooth it impugne the rest of this mans platforme for hée would not haue any absolute orders giuen but when some place is void and that with election of the people And if to bring a Bishop within danger of the penaltie of this canon he will haue him to haue something to doo in this action of calling to the ministerie which shall be arbitrarie for him to doo or not to doo as to laie his hands on the elected then are he and his clients at another mischéefe by leauing it still in the Bishops power to reiect their new elect He inforceth also that howsoeuer the words may lead a man to thinke this canon to be ment for superior and electiue prelacies onelie yet the reason of the decrée fighting also as stronglie for ministers ought to make the law to be accounted alike in both Which being grounded vpon this rule Vbi eadem ratio idem ius I must put him in minde that the said rule * L. solem â—61 in fine ff de iudicijs l. illicitas 6. § qui vniuersas ff de officio praesidis holdeth not where the lawe it selfe notwithstanding some generall reason thereof be alike dooth otherwise in another place dispose * L. 1. a ff de reg iuris Quia non exregula ius sed ex iure regula sumitur And so it dooth in this matter as may appéere in the same chapter Nihil est where a little after the words by him alledged not this punishment of suspension and bereauing of power to confirme the next successors election is inflicted for that Bishop which shall prefer to holy orders or ecclesiasticall benefieâ—s such as cannot woorthilie fulfill the office to them committed but the penaltie in that case by canons prouided Which words though the author thought good not to alledge bicause they make no mention of any insufficiencie of knowledge and would be racked to no further office than to an abilitie of saieng masse wherein the chéefe and as it were the onlie mysterie of popish priestcraft consisted yet in the Maior of his second syllogisme where in a generalitie Of worthy executing his office they seemed to speake more aptlie to his purpose he was content to vse them though they doo indeed quite ouerthrow his answer of the identitie of reason in both the cases For how can it be intended that one and the selfe-same thing is by those words ment and disposed of where the law-giuer as in this place prouided a diuersitie of punishment in the cases of confirming a mans election for knowledge insufficient c from the penaltie of such a Bishop which should order a man that could not execute woorthilie the office committed to him For the penaltie inflicted else-where by the canons vpon the Bishop which shall prefer men vtterlie vnwoorthie to holie orders ecclesiasticall preferments or benefices of which the * Gl. ibid. in verbo suspenditur glosse sheweth this decretall to be ment in that behalfe where it saieth If they will escape the penaltie of the canons is to be * C. cum in cunctis Ext. de electione c. graue Ext. de prebendis suspended from giuing of orders or collating of benefices And to make it more cleare that so much of this dâ—cretall as our author alledgeth is onlie to be vnderstood of superior prelacies and dignities and not to inferior benefices the glosse obiecteth and resolueth thus This seemeth contrarie saith the glosse to C. graue infra de praebendis bicause there he that preferreth vnwoorthie men is not punished till he haue been twise or thrise rebuked admonished of it but heere he is presentlie punished without anie admonition also heere those that are promoted are remooued but there they are not it is to be answered that heere he speaketh of those that are promoted to dignities and gouernment of soules and for that they doo more deepelie offend they are more greeuouslie punished euen without any admonition but in the other place he speaketh of meane benefices in which such great ripenes is not required Which to be no greater or exacter a matter than to be able to say masse dooth appéere by that which * Panorm in c. vlt. de etat qualit in fine A fallacie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Panormitane allegeth out of Bartol Neither can the generall acception in law of this word Praelatus sometimes applied to an inferior minister helpe this pittifull proofe of his It is a Fallax to gather bicause it sometimes so signifieth that therefore in this place it should so be taken yet there is no such place as he quoteth héere out of C. sua de clerico aegrotante But if we should gratifie him so much as to suffer this canon to go for good paiment in this behalfe yet if it be A law forged said that most of the ministers of this church at whom he shooteth this bolt are not of that insufficiencie of knowledge or vnaptnesse to execute their office that is héere ment to be condemned he were still new to begin again to prooue that this canon requireth also such a sufficiencie in all ministers whereby they should be perfectlie well able to preach the word For euerie one that hath not a speciall gift to preach is not straightwaie to be accounted according to this canon a man insufficient for knowledge or not able to execute his office woorthilie In the former syllogisme of this section if by the word Hurtfull he vnderstand not onelie that which Per se is hurtfull but that also which is so Per accidens and vpon some occasion may endamage the church of God then his Maior is to be denied as vntrue For so euen excellent and singular learning happening into such one as Arrius was may do great harme in the church And likewise in both the assumpts of his syllogismes he notably plaieth vpon the petition A fallacie A petitione principij of the principle taking that as granted which is vtterlie to be denied 2. Section Pag. 4 5. ALl that is said in this section being in effect nothing else but that ministers being called physicians of soules ought to be able to applie a spirituall medicine as it prooueth not pregnantly the scope of the issue to wit that euery minister ought of necessitie to be of such abilitie to preach as this treatise requireth so dooth it not limit that the said physician of the soule which in sicknesse is to be sent for must néedes be the pastor of that parish more than that the physician for the bodie of whome also it speaketh must be of the said place necessarilie And trulie I must néeds confesse that he is a verie simple and
ignorant minister of what parish soeuer that is not able howsoeuer he be to preach yet to applie some spirituall medicine to the soule of a sicke man for his consolation although in truth by the spirituall medicines is not here ment any inward comfort A canon racked by faith in Christ in those daies least respected but the shriuing to a priest the housling and anéeling of the partie diseased 3. Section Pag. 5 6 7 8. VNder my former protestation and the benefit thereof alwaies to me being reserued that I fauour not nor séeke not to establish ignorance in the ministerie I doo saie that this which the author here bringeth out of the Chapter Cùm sit ars Ext. de aetate qualit c. for to prooue that ministers ought to be lerned vpon colour of those words For if they shall hencefoorth presume to ordeine such as are vnskilfull and ignorant dooth not any waie directlie relieue him For that decretall speketh of such as Being to be promoted to A canon wrested by the author be priests are by the Bishops themselues or other fit men to be instructed c not of or touching diuine offices ecclesiasticall sacraments but how in what maner they may aright celebrate them that is to saie how to turne their pie portesse and missall to vse gailie the infinite ceremonies of the masse hard to be learned without a schoolmaister which Viua voce might open the same vnto them For else we must néeds herevpon affirme if anie such instruction should be required at the Bishop hands or such as he should appoint as the authour here woulde inforce that the Bishop must read or procure to be read to such as he would afterwards ordeine to be ministers a continuall set lecture of all good learning but speciallie of diuinitie Also it is spoken of such as are to be ordeined priests which hauing gone thorough all the lesser orders and Subdeaconship and Deaconship are not to be intended then newlie to be instructed by the Bishop in so short a time euen a little before their priesting in all the doctrine of diuine offices and ecclesiasticall sacraments which thing also the word Diuina officia for the most part in these latter canons vsed for nothing but the masse with the appurtenances dooth sufficientlie make manifest vnto vs neither can those generall words of Vnskilfull and ignorant be drawne further than to such things wherein the disposition and bodie of that law is before bestowed Yet will I not denie but that hence we may profitablie gather how behoouefull it is for vs to haue as great a care to the sufficiencie of such as are to be called to be the ministers of the gospell as they had for the instructing of their idolatrous priests in their apish gesticulations at the masse And to no other end serueth that which is brought out of the Cap. tales 23. Dist. in the discourse vpon the said section But of all other Impertinent allegations that his common place of the basenes of manie meane things in respect of a few verie good pulled out of the Code and Nouelles but borrowed of the glosse vpon this Decretall I maruell that he would bring it for the inlarging of this particularitie which he hath here in hand The other allegation out of the 15. Dist. and Constit Otho quam advenerabiles toucheth wholie the conuersation and not the learning and knowledge of the minister and therefore is besides his purpose Yet neuerthelesse there is no such canon to be found as he quoteth and the constitution legatiue of Otho quid advenerabiles speaketh onlie False and wrested allegations of Archbishops Bishops and not of inferiour ministers wherevpon our author entreateth and therefore it is to be taken as a witnesse suborned and by him taught to giue euidence in a matter wherein he hath nothing in déed to depose Wherevpon bicause all this notwithstanding he taketh occasion to enter into a verie bitter and I trust a slaunderous accusation against the most of our ministerie for euill example by their vngodlinesse dishonestie and dissolutenes of behauiour no otherwise but in a generalitie and therefore not possible to be answered but by deniall I must wholie remit the same to him who best knoweth whether herein he be an vniust accuser of the most of his brethren and of this church wherin he liueth And I would to God that all they whom thus he inueigheth against were as cleare from those faults as I am assured some others who are so readie to spie a mote in other mens eies and pretend greater zeale and sinceritie than ordinarie are farre off from true godlinesse mortification and charitie 4. Section Pag. 8 9. Pag. 11 AS these three allegations out of the Authentikes Digests and glosse of the Constit of Otho not so much as once naming the words of learning knowledge or anie such like being brought in but to make a number without anie derogation to the authors great reading might well haue béene spared so the other fiue allegations of this section tending hitherto that knowledge ought to be in ministers that they are maisters and ought to teach others bicause they speake not to the point of the issue may well be put from the barre For his purpose is to prooue that none deserueth to be called a minister or pastor which is not able to gouerne to exhort to admonish to rebuke and comfort his flocke yea and that as it seemeth by him else-where after a perfect and exquisite sort Now séeing knowledge and abilitie to teach is in diuerse measures and degrées may be verified as Logicians speake Secundum magis minus it may well be that a minister is in some measure learned hath knowledge and is able to teach and to deale in these duties which yet hath not aspired to the heigh of perfection required as an Idaea rather to be propounded to be followed than of anie one of his owne Rabbines or anie other hitherto attained vnto But to put the matter out of doubt that no such knowledge to preach as our author would inforce is here required the glosse vpon his first allegation in this section referring vs to the C. quae ipsis Dist. 38. dooth plainelie shew that it is but the skill in the missall the antiphonarie the booke of the forme of baptizing the kalendar the rules for penance and such like which is required to make him a skilfull priest and a séer or guide And therefore in the Chapter Sedulò in the same distinction it is prouided that scholars and those who are learned are not to mocke at the prelates and ministers of the church when they heare them vse Barbarismes and Soloecismes in their praiers and to pronounce confusedlie words which they doo not vnderstand where the prelats also and ministers are in that respect excused Wherevpon the * Gl. ibidem in verbo intelligere glosse gathereth that a man for his
that a minister made though farre vnder that sublimitie of perfection which he fansieth is not rightlie and dulie called But in truth that rule which saith It is all alike that a thing be not done at all or not to be done as it ought is especiallie to be vnderstood where a man is exactlie tied to performe some thing in this or that sort wherein the bond in rigor of law is not satisfied except the precise forme and maner of the couenant be obserued But as the physicians doo teach vs that a man may be trulie said to be in health though he haue not that most exact temperature of qualities in which nothing is superfluous nor wanting bicause he is In latitudine sanitatis euen so bicause the sufficiencie required in a minister consisteth not in a point of perfection where no degrée of more or lesse is admitted but hath his latitude if I may so terme it a man may well inough 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 deserue the name of a sufficient minister which dooth not attaine to the highest degrée of comparison So there is a rule that it is in effect all one not to be and not to appeare to be Which though in a iudge who must followe Allegata probata it haue his place yet to other intents it cannot be said that a thing is not at all bicause it appeareth not As to the other rule which he bringeth that he is not said to paie which paieth lesse than he ought euerie child knoweth that though it be no full satisfaction yet if the creditor doo demand the whole summe hauing receiued part Dabitur aduersus eum exceptio de dolo And here in England if the obligor accept of part of his monie it is a barre against him that he cannot sue the forfeiture And therefore as it may trulie be said that a man paieth monie though he paie not all that he ought so may one well inough be said to be a minister though he be not so exquisitelie qualified as might be deuised 6. Section Pag. 11 12. THis § Pro defectu scientiae quoted False quotation with corruption in the margent Ext. de Praebendis C. venerabilis and brought by the author to prooue that He which hath vnworthilie taken vpon him the gouernement of anie church may foorth with forgo and renounce the same if it had béene honestlie handled and had made so fullie to his purpose as he would séeme he would not haue set vs a worke thus vpon a paire of tarriers to séeke it where it was not or else he would haue noted it amongst other as a fault escaped in printing But the saieng though fondlie depraued by him is found C. nisi cùm pridem Ext. de renuntiatione and no tidings are of it in the place whither he sendeth vs. The text it selfe hath For the most part a man may desire to giue place for want of knowledge which in his allegation is altogither omitted as though it were generall The text hath Praesul salubriter ei renuntiat The Bishop or prelat dooth not amisse to renounce the church to him committed which he must gouerne in both that is in spirituall and temporall things The Abstractor in stéed hereof hath Let it be lawfull for him that hath charge to gouerne the church in these things to renounce c. omitting wholie the word Praesul bicause he would haue retched it out to haue serued to euerie inferiour minister being neuerthelesse sufficientlie bewraied by those words About the charge of temporall things in which also as in spirituall things he which is here spoken of is to gouerne the church wheras in inferiour benefices there are no temporalties to be gouerned in right of such churches But the insufficiencie of knowledge which here is vnderstood and the authors plaine dealing herein is set out sufficientlie in the verie next word following Neuerthelesse although notable or eminent knowledge is to be wished for in a pastor yet competent knowledge in him is also to be borne with bicause according to the apostle Knowledge puffeth vp but charitie dooth edifie and therefore the perfection of charitie may supplie that which is vnperfect in knowledge * C. post translationem d. Whereby appeareth that euerie insufficiencie of knowledge yea in a Bishop much lesse in a minister is no sufficient ground for him to desire to giue place and to resigne but such ignorance and want of discretion as maketh him vtterlie vnfit to wéeld the spirituall and temporall matters of his church And where the text saieth He may desire to giue place it ouerthroweth the purpose for which it is by the Abstractor alledged as though a man might of himselfe foorthwith forgo and renounce his charge whereas * C. d. in fine C. dilecti d. C. quidam tendendi d. C. admonet d. C. literas d. C. cùm venerabilis Ext. de consuetudine indéed he is to desire it at his superiours hands or else he cannot resigne nor be deuested of his function And therefore the Maior of his second syllogisme of this section pag. 12. is not simplie true as by these laws here quoted more fullie may appeare 7. Section Pag. 12 13 14. IT is not denied but that the debilities and infirmities of age may be such as it should be requisite the superiour to giue such a one vpon his request leaue looking sufficientlie into the cause to giue place vnto another more able to execute that function and in case he doo not desire the relinquishment of it then * Ext. de clerico aegrotante per totum c. quia frater 7. 9. 1. the law in such cases prouideth that a coadiutor with some competent portion out of the liuing be assigned vnto him and not that he should violentlie be thrust out from a right * Reg. sine culpa de regulis iuris Pontificij once growne vnto him without his owne fault contrarie to all reason example and humanitie It were too lamentable that men which either as magistrates or councellors in the common-wealth or as faithfull stewards in the Lords house haue by due desert atteined dignities and offices during their life by reason of Gods visitation by sicknesse or for his blessing of manie yeares and old age which of it selfe as physicians saie is Quidam morbus should as old hounds be vtterlie shaken off to the wide world And where the Bishop mentioned in this canon did desire of the pope in regard of his age and infirmitie that by his aduise he might place another in his stéed our author plainelie falsifieng the text translateth Cum nostro consulto Falsification of the law Without aduise to the intent he might iustifie that without licence of his superior a Bishop or minister may renounce their function Yet euerie debilitie of bodie arising of infirmitie or of old age is not a sufficient cause whie a man either should desire or haue libertie granted to resigne And * C.
but those who should sée more in them than they are able in themselues are to be blamed for approbation of them as appeareth by the * C. innotuit nobis Ext. de elect §. habito ergo law here quoted Pag. 17 But his first proofe which he here bringeth for the ouerthrow of meane competent and sufficient degrées of knowledge in a minister bicause he imparteth not vnto C. ignorantia dist 38. vs from whence he borrowed it belike he would haue vs to take it vpon his owne poore credit By the waie this I obserue that the highest degrée of knowledge which the law termeth Eminent or excellent he in his discourse termeth Sufficient perhaps to insinuate that no knowlege is sufficient for a minister but that which is eminent Yet this exhortation that Ignorance be auoided in ministers that bicause they haue An office of teaching the scriptures by them are to be read and that all their labour consist in preaching and doctrine dooth neither ouerthrowe the said distinction of meane competent and eminent bicause these points may be in men according to all these degrees nor yet argueth if these be not so exactlie performed by them that therefore they are intruders S. Paule exhorteth a minister to rebuke reprooue and to be instant in season and out of season yet if some performe these offices more perfectlie other more sparinglie according to their seuerall gifts of mildnesse and knowledge shall we saie that he which fulfilleth not those in the highest degrée and according to the best is therefore no true minister or rather that he dooth not the duetie required of a minister so fullie as he ought And so in this place by him alledged though a perfect patterne of the most necessarie part of their function of labouring wholie in preaching and doctrine is set before them for to striue to be attained vnto yet neither is praier visiting of the afflicted hospitalitie or administration of the sacraments hereby inhibited to a minister neither are all condemned hereby for Intrudors which being not so fullie furnished to performe that which in cōmon speach we call preaching doo teach according to the abilitie giuen vnto them of God and publish foorth his will out of the word though it be onelie by reading But in another respect this canon cannot necessarilie inferre such a skill in euerie minister whereby he may be a preacher bicause as in the most of the old canons Presbyteri are taken for ministers and Clerici for inferiour ecclesiasticall persons so is this word Sacerdos taken not for euerie inferiour minister but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for the chéefe minister in the diocesse or Bishop and so * Gl. in C. quando dist 38. verbo a sacerdote the glosse in the next chapter following dooth expound it à sacerdote id est ab episcopo of the priest that is of the Bishop of whom the law in sundrie places laieth both a greater care in preaching and also a greater sufficiencie therevnto than ordinarie Also it may be trulie said that by Preaching in law is not alwaies meant that solemne expounding and breaking of the scriptures as we doo vsuallie speake but sometimes anie publishing of the word of God euen such as is done by reading may well be vnderstood And therefore the glosse dooth * Gl. in verbo praedicare dist 25. C. perlectis §. ad lectorem interpret those words of the canon Quae prophetae vaticinati sunt populis praedicare hoc est legere to preach those things to the people which the prophets haue prophesied that is to saie to read them openlie to the people But yet if we should admit this canon to be spoken of inferiour ministers and of preaching in the most vsuall signification we might with more probabilitie thus conclude than as our author dooth seeing for increase of his knowledge a minister is exhorted to attend to reading and exhortation of doctrine therefore he may rightlie be called a minister before he haue atteined to that perfection of knowledge which he ought to endeuour for And though he which dooth not bestowe his labour in preaching and doctrine to the vttermost of that abilitie which God hath endowed him withall dooth not as he ought yet as it followeth not of any thing by him brought so may we not peremptorilie thus saie that he is no minister at all or pronounce him An intrudor or without anie lawfull calling as the anthor dooth in this discourse though he come short of the proofe thereof in the conclusions of his syllogismes which are nothing else but foolish fallacies proouing a matter vnknowne or doubted of by a matter no lesse doubtfull 11. Section Pag. 18 19 20. HE draweth neere the dregs of his proofes héere when vpon a bare occasion of this to be Mightie in word and deed required of a prior being next to the abbat not to any intent of preaching but for obseruation of the regular discipline of the monasterie consisting as in the same chapter is mentioned in the maner of their meats their apparell their not enioyeng their goods in propertie and in the maner of their silence in some places and vpon the largenesse of Law racked that word as it is vsed in scripture for much more excellent gifts he would inforce that there cannot be such degrées in ministers as some to be of meane some of competent some of eminent knowledge and learning or else would No consequence in his reason gather whosoeuer is not so mightie in word and déed as this speach is sometime in scripture vsed for to be an intrudor and to haue no lawfull calling Whereas we sée no such matter of learning is hereby required to be in the prior as he imagineth neither if it were is it necessarie that euerie minister should be of as great sufficiencie as a prior though in a generalitie some offices incident to the one were also required to be in the other In his glosse or discourse herevpon as hauing prooued that which he promiseth he climeth into his throne and stoutlie demandeth of our chéefe prelats What they can answer in defense of their wilfull disloialtie to the Lord in not being so carefull as the superstitious lawemaker was for his superstitious time And by the waie he accuseth them To maintaine tooth and naile a policie of a traitorous lawemaker a policie perillous for the gouernement of the state of the Lords houshold and as though that gouernement which they vse were rather by them Challenged than duelie attributed vnto them And for proofe that the policie by them vsed is such he reckoneth diuerse points as popish Which they turne as he saith to the maintenance of their prelacies dignities and ministeries vnder the Gospell Surelie a verie gréeuous accusation being so generall and indefinite against so manie reuerend Fathers supplieng one at the least of the thrée estates of the land in parlement euen by the ancient policie of the same being
this he is bound although he be an old man And therefore he in generalitic saith Onlie that crime is of sufficient force to depose a man which ibidem hindereth the execution of his order though afore he haue beene solemnelie penitent And that this skill and knowledge is in no greater matters than in Grammar he declareth plainelie thus I * Panor in c. vlt. in fine Ext. de eta quaiita aske saith he concerning him that is ignorant in Grammar and yet by vse dooth speake perfectlie if such a one be alreadie preferred to a Bishopprike or other dignitie whether he shall be deposed 10. de Deo li. 9. 16. holdeth that if otherwise he be profitable to the church he shall not be deposed And to this decision against the Bishop of Calinea he answereth that other matters as heere appeareth were obiected against him and to this purpose maketh this He that knoweth the meaning of the lawe though hee haue not the knowledge of it is borne with 38. Distincti c. sedulo l. scire leges ff delegibus de consecrat dist 2. c. primus quidem Also their dutie may be by others supplied c. inter caetera Ext. de officio ordinarij Which place plainelie speaketh of want of knowledge in which regard a coadiutor may be appointed 7. 9. 1. c. non autem c. exparte Ext. de clerico aegrotante And as to the lawes that may be brought to the contrarie 25. dist § nunc autem 8. 9. 1. c. qualis 81. dist c. statuimus he answereth thus that they are onelie to be vnderstood of those that are not yet promoted So that if our author will weie our inferiour ministers learning in no other scales but these there being I thinke few or none no not of the meanest sort which haue not béene trained vp in Grammar vnder some schoolemaister or at least by their owne priuate industrie he shall be so farre from deposing any great number of such as be alreadie ordered though their ignorance otherwise were not tollerable so that their life be not also scandalous that it may truelie be said his deuise would not so much inrich hir Maiesties tresure as his booke hath bewraied his meane skill in law and his cankred affection towards the present state hath standered hir Maiesties most renowmed gouernement for propagation of the gospell hath troubled the quiet repose vnitie of this church 35. Section Pag. 71 72. IT may appeere I hope sufficientlie by that which hath béene before deliuered that there is no cause whie we should â—ie to a disiunction of A simple curat a rurall priest or a plebeiane prelat by himselfe onelie surmised for the auoiding of any of his Rurall reasons too Simple to driue vs to anie such poore shifts For setting aside a flood of words vainelie now and then puffed forward by the wind of a discontented mind and furious affection I cannot call to remembrance that I haue perused anie booke lesse furnished hitherto with pithie proofe lesse approching to the point of the issue pretended or more confusedlie tossed to and fro by snatches to resume that which once it séemed he had relinquished than this distracted Abstract dooth And héere in this section for that as he verie generallie auoucheth All lawes directlie doo inhibit a man to take vpon him an office wherevnto he is vnfit and vncapable he inferreth A monstrous and damnable vsage to be tollerated in this church for that some ministers are Such as know not for what or how to present their supplication to God neither what kind of diet they should set before his people Truelie I wish vnfainedlie the gift of Gods spirit were doubled and redoubled vpon all of that function yea that all the Lords people could prophesie yet can I not without intollerable vnthankefulnesse to God and great touch of hir Maiesties gratious care for the instructing of hir people so debase all ministers abilities which be no preachers as to saie they know not either for what they ought to praie or that the word of God is the onelie food to the soule of man Or shall we saie that none knoweth any thing nor is able to catechize or to exhort or dehort in any reasonable measure but he that is a preacher publikelie licenced Séeing it is notorious that euen in the reformed * Art 8. des mariages en la discipline du France churches of France according to which our men that haue their heads so full of church-plots would séeme to haue squired out all their frame there be certeine congregations tollerated where they haue no publike sermons but praiers and certeine exhortations After by waie of ampliation as lawyers of later times terme it he proceedeth to tell vs of others also in learning farre surmounting those whome he had afore so disgraced which are not fit to be made strait waies ministers namelie grammarians and poets from Winchester and Eaton philosophers and rhetoricians of long continuance in the two Vniuersities for that They must before shake off vanities and forsake their vngodlinesse where with they haue infected their minds in those places So that now he requireth such an exactnesse in learning and life farre aboue that which the Canon law dooth require that I feare me he would either leaue vs wholie destitute of all ministers or else he would haue them so fined and refined that the Quintessence must be in a verie few of his select clients But the two Vniuersities are as slenderlie beholding vnto him for his contumelious report of them as he was to either of them which could purchase there no more sound reasoning nor modestie than in this booke is shewed And I thinke it may be truelie auowed to the glorie of God that the two Vniuersities are and for the most part since hir Maiesties happie reigne haue béene as well stored with sound diuines and preachers as any foure Vniuersities whatsoeuer in forreine parts And although some part of the old frugalitie and discipline is perhaps with the streame of time quailed which is to be lamented yet if the Vniuersities on the other side be laied vnto ours in respect of order and discipline they will hardlie carrie a vizard of orderlie Vniuersities And what are those Vanities and vngodlinesse where with those places infect the minds not of yoonglings onelie but of those Who haue spent manie yeares there Belike a weauer may come from the shuttle and a bare English clearke or one with a little smacke of French that neuer was in Grammar schoole nor tooke degrée but at Botley or in a scriueners shop so he be bold and zealous as they terme it to gird at his superiours and the orders of our church may be allowed by him for a sufficient and a well qualified preacher but if a graduate come from the Uniuersitie he must be cast againe and new founded and haue some countrie schooling and be purified seauen times yer he can be made to beare this mans touch