matter it now appeared that the said Mr. Huntley in the moneths and yeares articulate especially since the 27 of March 1625. had beene by the said Mr. Archdeacon divers times willed or required to Preach a Uisitation Sermon and had time sufficient to provide himselfe that Mr. Huntley without all due respect of Mr. Archdeacon or the canonicall obedience hee ought unto him with words of scorne and contempt refused to performe that duty as was justified out of his owne answers both in words and writing that Mr. Doctor Kingsley hereupon appealed to the Lord Archbishop of Cant. his Grace who is immediate Ordinarie and Metropolitane to them both for redresse herein that his Grace upon notice thereof wrote a particular letter to said Mr. Huntley the true copy whereof after the originall shewed to Mr. Huntley was left with him and therein advised and required Mr. Huntley to prepare himselfe to preach a Uisitation Sermon he having time enough given him to prepare himselfe for that purpose which commandement of his Grace the said Mr. Huntley slighted and utterly refused to performe that duty and not desisting after such refusall came unsent for or uncalled for to Mr. Archdeacon aforesaid being in his Uisitation amongst the Clergie and sitting there to heare causes very malepartly and unreverently charged him the said Mr. Archdeacon of falsehood or injustice and in a very arrogant and irrespective manner laid downe an hundred pounds in gold upon the table and offered to lay wagers with him the said Mr. Docter Kingsley the Archdeacon that he had done him the said Huntley wrong or the like in effect without any due respect of the said Archdeacon his person or place and to the encouragement of other refractary persons as was there also proved to the Court for which his grosse abuses and contempts the Court held him well worthy to be punished and so much the rather because the court was of opinion and so proncunced that the said Mr. Huntley was by the Lords Grace of Cant. his Ordinary the Archdeacon aforesaid injoyned to doe no more then what by Law and custome according to his canonicall obedience hee was tyed to performe yet neverthelesse the court at this time reserving to themselves their further censure as occasion should be offered for the present only ordered him the said Mr. Huntley upon the commandment of the Archdeacon of Cant. upon a competent warning to bee given him to Preach a Sermon at the next Uisitation to be holden by Mr. Archdeacon of Cant. and afterwards before the Clergy in the said Uisitation to acknowledge his fault in conceptis verbis as shall be prescribed by any three or two of the Commissioners Judges of the Court unto whom it is now referred to set down the same he is juditially admonished and required to appeare here personally in this place the second court day of the next tearme to certifie of his due performance thereof accordingly whereupon afterwards namely one the 19. of Aprill Anno Dom. 1627. at Westminster aforesaid in the County of Middlesex aforesaid the aforesaid George Huntley then and there being publikely called appeared personally And being then there by the foresaid most Reverend father in Christ Lord the Lord George by Divine providence Archbishop of Cant. primate of all England and Metropolitane Richard of Durham Iohn of Rochester Lewis of Bangor Thomas of Coventry and Lichfield William of Bath and Welles Theophilus of Landaffe Robert of Bristoll respectively Bishops Dudley Digges and Henry Marten Knights Iohn Donne Walter Balcanqnall William Kingsley Thomas Worrall professors of Divinity Edmond Pope Hugh Barker Doctors of Law Commissioners aforesaid demaunded whether hee the said George had performed the foresaid order made the foresaid eigth day of February Ann. Dom. 1626. foresaid as is aforesaid or no to wit whether he had Preached his Uisitation Sermon according to the requisition and command of the foresaid Archdeacon of Cant. and made his submission conceptis verbis before the Clergie as was injoyned him by the foresaid Court of high Commission aforesaid he the said George Huntley then and there acknowledged that he had done neither and then and there alleaged frivolous matter in excuse thereof to witt that Mr. Archdeacon aforesaid had not warned him by a lawfull processe to Preach But it appeared to the said Court of high Commission by affidavit made that the foresaid Master Archdeacon had given him sufficient warning by a publike officer and a competent time to provide himselfe to Preach a Uisitation Sermon and he being a man sufficiently qualified by his gifts of learning for that purpose not withstanding contemptuously refused to performe his duty therein and also that he the said George Huntley refused to performe his submission conceptis verbis as was enjoyned unto him The said Court of High Commission unamimi consensu prononuced him guilty of a great affront and contempt not onely to the said Mr. Archdeacon and the Lord Archbishop of Cant. primate of all England and metropolitane and his the said Huntleys immediate Ordinary unto whom the said Huntley is tyed by oath to performe canonicall obedience but also against his Majesties supreame power and authority in matters and causes Ecclesiasticall and this Court unto whom the same by Letters Patents under the great Seale of England is delegated and committed and therefore the said Court of high Commission held the said George worthie to be punished and first fined him in five hundred pounds to his Majesties use committed him to the new prison namely to the custody of Brian Wilton then warden of the new prison and there ordered him to remaine untill he shall give sufficient bond with suerties in a competent summe to his Majestie use aswell for the payment of his fine as it shall bee mitigated as for the performance of his submission heretofore enjoyned him c. Now these two parts of the High Commissioners first finall sentence containe the whole originall matter for which alone the High Commissioners aforesaid did fine me five hundred pounds and imprisoned me on the 19 day of Aprill 1627. and kept me in prison two whole yeares And for which alone without any other crime or fault afterward objectd against mee in any new articles or in any additionalls or superadditionalles to the first articles the Commissioners did on the 25 day of Iune 1629. by a sentence wherin they charge me with grievous and enormous crimes excesses and delicts mentioned in the foresaid articles in which articles there is never a crime charged upon me deprive and degrade me and thereupon kept me a prisoner untill the 10 day of May 1633. And for which alone on their last court day in Hilarie Terme 1630. they did excommunicate me because I would not deliver up my orders diaconatus presbyteratus And for which alone yet neither certified into the Exchequer by the h High Commissioners together with the fine aforesaid nor legally seene nor understood by the Barons
of the Exchequer my Lord chiefe Baron sir Humphrey Daverport and the other Barons of the Exchequer refusing to grant me a certiorarj to the High Commition Court to command them to certfie the cause to permit mee to pleade to the foresaid fine did the 10. of May 1633. commit me to the Fleet in execution of the foresaid fine there detained me a full yeare untill I to procure my liberty paid the fourth part of the said fine to Mr. Motershed pecunijs numeratis and stal'd the other three parts to the Kings use And for which and also for a Petition delivered at the Counsell Table to crave justice therein according to his Majesties mandate under sir Edward Powels hand to my Lord chiefe Justice sir Iohn Bramston and the other Judges of the Kings Bench court dated the 29. of December 1635. and delivered with mine owne hand to the said Judges in open Court the first day of Hilary Tearme 1635. I was by my most reverend Diocesan and provinciall William Lord Archbishop of Cant. his Grace and other right Honorable Lords of his Majesties most honorable privie Councell on the third day of February 1636. committed to custodie of the Warden of the Fleet by a warrant wherein no cause of commitment was exprest and there detain'd a prisoner by him untill Trinity Tearme 1639. and then upon an habeas corpus issuing out of the Kings Bench Court I was brought to that court in Trinity Tearme 1639. and the foresaid warrant for my commitment returned and then I was presently bayled and thereby tyed to appeare in court divers daies both that Tearme and the Tearme thence next following and because none of the Kings Counsell in all that time came in against me I was on the last day of that Michaelmas Tearme 1639. delivered from the said baile and imprisonment by the joynt consent of all the Reverend Judges then of that court As I formerly had beene in the same court Termino paschae 1629. after the first two yeares imprisonment upon the foresaid originall matter returned to an habeas and fully debated by Counsell on both sides and Mr Justice Bertley then the Kings Sergeant in open court professing himselfe fully satisfied And for the former originall matter onely may for nothing at all in the judgement of the Law even for the foresaid sentence of deprivation and degradation charging mee with grievous and enormous crimes excesses delicts mentioned in the said Articles and those Articles not given in evidence nor found by the Jury in the speciall verdict betweene Allen and Nash entred upon record in the Kings Bench court termino Sancti michaelis 8. Car. rot 508. my Lord chiefe Justice of that court sir Iohn Bramston did for himselfe and his brethren Termino Trinitatis 1637. affirme the foresaid sentence and deliver his opinion against me for the intruder Robert Carter Whence it followeth that if the Commissioners aforesaid first finall sentence against me the 500 pounds fine thereby imposed upon me the two yeares imprisonment thereby sustained by me be just legall then all the other sentences censures and punishments following and depending thereupon may be just and legall But if the former the only ground of all the rest be unjust and illegall then all the other must of necessity be unjust and illegall And whether the former be just or unjust let the indifferent reader judge impatially upon the perusall of the following argument MY Honoured Lord cheife Iustice and my Honored Iudges the first thing in this Controversie concerning the points of the Canon law in question whereunto cheifly I am to speake is the very stating of the controversie it selfe between me my adversaries And for that purpose in the first place I humbly desire your Lordship the Court to observe that the defendants charge me with faults of severall degrees some principall and especiall others inferiour and accessory· The Principall and Especiall are two as appeares by their first finall sentence alleaged in their plea wherein they say that upon the opening of the cause they found the aforesaid George Huntley charged in the said Articles with these two perticulers principally (a) This word specialiter in this sence is 3. times used in the defendants plea. twice in the first part of their first finall sentence and once in the Commission of 14. Articles obiected against me 12. doe expresly mention my refusall to Preach the Visitation sermon as a fault or prepare the way theieunto and the fourth saith that I offered two or three peeces to the Arch-deacon to procure one to preach that sermon only the sixth and thirteenth Articles doe not mention it or especially first that he refused to preach a visitation sermon at the Arch-deacons of Cant. Doctor Kingsleys command contrary to his Canonicall obedience and secondly that he raised an opinion amongst the Clergy that the said Arch-deacon had no power to command him the said Huntley or any other incmbent to preach the said visitation Sermon The Inferiours or Accessories are foure first that the said Huntley came unsent for or uncal'd for to Master Arch-deacon aforesaid he being in his visitation amongst the Clergie and sitting there to heare causes Secondly that the said Huntley did then and there very malepertly and irreverently charge the said Arch-deacon of falsehood or injustice thirdly that the said Huntley did at the same time and place in a very arrogant irrespective manner lay downe an hundred pounds in Gold upon the table and offered to lay wagers with him the said arch-deacon that he had done him the said Huntley wrong or the like in effect and fourthly and lastly that the said Huntley refused to performe his submission conceptis verbis as was enioyned him by the Commissioners and therein gave a great affront and contempt both against his Maiesties supreame power and authority in matters and causes Ecclesiasticall and also against the high commission court to whom the same by letters patents under the great seale of England is delegated and committed And for these six particulers the defendants confesse that they imprison'd me two yeares namely from the nineteenth day of Aprill 1627. to Aprill 1629. In which moneth upon my appearance in this court the first day of that Easter Terme 1629. to save my baile you Master Iustice Heath then the Kings Attourney Generall were first call'd for by the Court in the Kings behalfe against me and you came and confest that you had nothing to say against me and then Master Iustice Bertley being then the Kings Sergeant whose (b) Master Iustice Bertley at this time was in the custody of the Sheriffe of London absence I much lament whose presence I much desire was called for by the court for the same purpose against mee and hee came and confest that he had formerly spoken twice against mee upon the matter return'd to the habeas corpus which was the very same for substance that is now pleaded
Archdeacons are bound at their visitation to teach the incumbents how to doe their owne duties at home in their owne cures not how to doe the Archdeacons dutie at the visitation And which is especially to be observed in this canon the Archdeacons are here bound to teach the incumbents in singulis decanatuum suorum conventibus at every meeting of the Deaneries at every visitation and therefore the incumbents are not bound to teach the Archdeacons or one another at any visitation Againe among Othos legantine constitutions tit de Archidiaconis c. De Archi. quoque par sint solliciti I find this canon or constitution Sint solliciti Archidiaconi frequenter interesse capitulis per singulos decanatas In quibus diligenter instruant inter alia sacerdotes ut bene vivant ut sciant sane intelligant verba canonis baptismatis This Canon also bindes the Archdeacons at their visitation to teach the incumbents and that frequently carefully and diligently both how to leade their lives and how to discharge their cures And Iohanes de Athona in his glosse shewes as much withall shewes how the Archdeacons did then neglect that duty and why even because it brought no profit with it These are his very words upon the last text Hic textus requiquirit sollicitudinem diligentiam in Archidiaconis Haec tamen constitutio perraro ab Archidiaconis servatur quia lucrum pecuniarium eis inde non applicatur And this is also the reason my Lord that our Archdeacons Bishops Archbishops violate these constitutions which bindes them to preach their owne visitation Sermons and inforce that duty upon the incumbents because it is for their profit and ease so to doe But if either profit or ease my Lord would have prevailed with the Archdeacon this controversie concerning Preaching the visitation Sermon had never beene betweene him and me for in his plea the fourth Article hee confesseth that I offered him two or three peeces that is by his owne interpretation forty shilling or three pounds to procure one to preach the visitation Sermon so that if he would have Preached that Sermon himselfe he might have had a rich reward for his owne paines in doing his owne worke or if he would not he might with part of the reward have procured another to have preached it so he might have had both profit and ease But his spleene against me was so great that hee would not accept of either but preferred a most unjust warre before a most just peace and so quod pessimorum est ingeniorum hee hath rewarded me evill for good and hatred for my good will From the provinciall and legantine constitutions of this Kingdome which are as it were an epitome or breviat of the whole body of rhe canon law I proceed to the body of the canon law it selfe and there in the Decretals 3. booke 39. tit de Censibus c. cap. 23. parag porro I find this canon or constitution Porro visitationis officium exercentes non quaerant quae suae sunt sed quae sunt Jesu Christi praedicationi exhortationi correctioni reformationi vacando ut fructum referant qui non perit The first thing my Lord to be inquired into in this canon is who these visitationis officium exercentes are The former part of the canon shewes that they are Arch-deacons Bishops and Arch-bishops what are they to doe at the visitation non quaerant quae sua sunt sed quae sunt Jesu Christi They must not seeke for their owne thinges that is for procurations but for the thinges of Jesus Christ that is for the salvation of their soules whom they visite How is that to be done Praedicationi exhortationi correctioni reformationi vacando By imploying themselves in preaching and exhorting there 's the first thing By imploying themselves in correcting reforming there is the second thing Where must these thinges be done In visitationis officium exercendo at the visitation By whom a visitationis officium exercentibus By them that keep the visitation who are they Arch-deacons Bishops Arch-bishops who is now my Lord to preach the visitation sermon The visiter or the visited And here my Lord I doe how make good my two last arguments out of the word of God wherein there was nothing doubtfull but onely these two thinges whether to visite were to preach and to correct and both they the visiters worke at the visitation and both these appeare out of this text For here exercere visitationis officium est praedicationi exhortationi correctioni reformationi vacare To visite or keepe a visitation is to imploy ones selfe in preaching and exhorting in correcting and reforming So that when the canon law gives the visiter his procurations for visiting it gives him his procurations for preaching and correcting and when the Arch-deacons Bishops and Arch-bishops of this realme in their processe chalenge their procurations of us the incumbents for visiting us they chalenge their procurations of us for preaching unto us and for correcting of us and the reason hereof is quia visitare vel visitationis officium exercere nihil aliud est quam praedicationi exhortationi correctioni reformationi vacare Because to visite or keepe a visitation is nothing else but to imploy ones selfe in preaching and exhorting in correcting and reforming And therefore my Lord seeing without all question without all peradventure it is the visiters duety to visite and to visite is to preach and to correct therefore it is his duety to preach and correct as this text shewes and this much shall likewise appeare out of my next canon which is taken ex Sexti decretal lib. 3. tit 20. de censibus exactionibus procurationibus cap. 1. parag Sane The wordes are these Sane Archiepiscopus visitationis officium impensurus proposito verbo Dei quaerat de vita conversatione ministrantium in ecclesiis This canon my Lord just as the former did doth shew what it is impendere visitationis officium it is proponere verbum Dei quaerere de vita ministrantium in ecclesiis To preach the word of God and to examine the lives of the Church ministers And both these as this canon shews must be done by the visiter yea by the cheife ecclesiasticall visiter by the Arch-bishop himselfe at his visitation Archiepiscopus visitationis officium impensurus proposito verbo Dei quaerat de vita conversatione ministrantium in ecclesiis Vives makes this one difference my Lord lib. de causis corruptarum artium betweene a base wit and an ingenuous minde that the one will strive for victory in a knowne error the other will rather seeke how true that is which he holds than how he may defend it and make greater price of verity than of victory And hereupon my Lord I hold my selfe bound in conscience to acquaint your Lordship with the onely exception that the advocates for the office have made
iniquity not with the short cloake for that will not doe it but with the long robe of deepe dissimulation and profound hypocrisie And then by the confession of my Lords Grace of Cant. my most reverend Diocesan and provinciall in his speech in the Starchamber Termino Paschae 1637. there is all the reason in the world that his Grace the High Commissioners and the defendants should all for that be severely punished themselves Should be my my Lord they are all ipso * Libro primo Pr. tit de off Archidiaconi c. eisdem verb. ipso facto est dicere ipso facto ac si diceret ipso iure scil nullo hominis ministerio interveniente facto severely deservedly punished They are all by a double excommunication excommunicate ipso facto to be excommunicate ipso facto is saith Lindwode to be excommunicate lege ante lata vel sententia ante data nullo interveniente hominis ministerio post actum peccantis and so are all they for by punishing me in the former manner not onely for that which is no breach of any law of the land but also for my obedience to the Lawes of the land contrary to the 29. chap. of Magna Charta they have all ipso facto drawne upon themselves those two dreadfull sentences of Excommunication denounced against all the future violaters of Magna Charta the one by Archbishop Boniface 37. Hen. 3. the other by Archbishop Winchelsee 25. Ed. 1. And my Lord seeing pares in culpa pares in paena your Lordship this Court the Barons of Exchequer the Lords of the Counsell have all likewise ipso facto drawne upon your selves that double excommunication your Lordship and this Court by affirming the Commissioners second finall sentence the sentence of deprivation and degradation contrary to that 29. chap. of Magna Charta The Barons of the Exchequer by imprisoning me contrary to that 29. chap. for the five hundred pounds fine imposed upon mee by the Commissioners first finall sentence contrary to the foresaid cap. and the Lords of the Counsell likewise by imprisoning me contrary to the foresaid chap. for a Petition wherein I justly complained both against the High Commissioners for their former exorbitances and also against your Lordship and this Court because you would not doe mee justice according to his Majesties most just mandate And yet my Lord in this matter the High Commissioners have a double precedency above your Lordship this Court the Barons of Exchequer and the Lords of the Counsell for the high Commissioners have punisht me sixe times contrary to the 29. chapter of Magna Charta They have twice imprison'd and once fin'd depriv'd degraded and excommunicated me and for every time they are ipso facto twice apeece excommunicate once every time with the two former excommunications in all twelve times your Lordship this Court the Barons of the Exchequer and the Lords of the Counsell have punisht me only once apeece contrary to the 29. chap. of Magna Charta and so are all ipso facto only twice apeece excommunicate Againe your Lordship this court the Barons of the Exchequer the Lords of the Counsell stand excommunicate by the two former excommunications only but the high commissioners besides the two former excommunications stand excommunicate also by that very excommunication which they unjustly denounced against me according to this rule of the canon law Qui aliquem injuste excommunicat non excommunicat sed excommunicatur non ligat sed ligatur For my Lord excommunication the Spirituall sword of the Church is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 gladius ex utraque parte acutus 2 Sam. 1.22 a two edged sword and that like the sword of Saul doth never returne empty from the blood of the slaine but whether it be justly or unjustly unsheath'd It alwaies killes and slaies one or other If it be justly drawne against any man then it kills and quite cuts off from the Communion of Christ and of his Church that man against whom it was justly drawne unlesse he submit and repent But if it be unjustly drawne against any man then let the stroake bee never so great and the edge never so sharpe yet by the innocency of the party and Christs institution that stroake is warded that edge blunted and thereby the sword is recoiled reverberated upon him that unjustly drew it and so with the other edge doth kill and quite cut off him from the Communion of Christ and of his Church And this my Lord is evident by the very words of our Saviour wherein he gives power to his Apostles to excommunicate Iohn 20. Whose soever sinnes yee remit they are remitted and whosesoever sinnes ye retaine they are retained And the retaining of the sinnes of an impenitent sinner is the excommunicating and casting him out of the Church for his sinnes and for his impenitency Why then my Lord a man cannot bee justly excommunicated except it bee for some sinne and then our Lord and Saviour Jesus Christ cannot justly be excommunicated For he did no sinne neither was there any guile found in his mouth 1. Pet. 2.22 and if our Lord and Saviour Jesus Christ cannot be justly excommunicated neither can any man be justly excommunicated for his Communion with or his obedience to our Lord and Saviour Jesus Christ What then is the effect of that excommunication when a man de facto is excommunicated Luke 6.22 for his communion with or his obedience to our Lord and Saviour Jesus Christ why this my Lord that excommunication makes no separation betweene the parties excommunicated and Jesus Christ but unites and knits them nearer and faster together and makes a seperation onely between the parties excommunicating on the one side and Jesus Christ and the party united by that excommunication on the other side And this is evident my Lord first in the Iewes Iohn 9. who by excommunicating the man borne blind and cur'd by Christ for professing and defending Christ did not excommunicate or seperate him from Christ for Christ did immediately after that entertaine him most gratiously but did excommunicate and separate themselves both from him and Christ united by that excommunication And secondly in the Councell of Trent who by Anathematising the reformed Churches for divers divine trueths wherein they hold communion with Jesus Christ have thereby united Christ and the reformed Churches more strongely and neerely together and have made a separation onely betweene that Councell and all that hold with it on the one side and Jesus Christ and the reformed Churches thereby united on the otherside And so likewise my Lord the high commissioners by excommunicating me for my obedience to Jesus Christ to this Orthodox Church to the Kings Majesty to the high Court of Parliament and to a provinciall synode have thereby indeed united mee and all these more neerely together and have made a separation onely betweene themselves on the one side and me and all the former united
my Parishoners because I am their spirituall father and they my spirituall sonnes to preach the Archdeacons visitation Sermon then I may likewise command them to preach either monethly or weekely in mine owne Parish and so free my selfe from both those labours and yet legally discharge them both by my Parishioners for quod quis legitime facit per alium idem est ac si faceret per se nay further then that Parson or Uicar in whose Parish sir Henry Martin did dwell dum viveret might have commanded him to have Preacht in his cure weekely or monethly and that Archdeacon Bishop and Archbishop within whose Jurisdiction Sir Henry Martin did dwell dum viveret might have commanded him to have preacht their visitation Sermon for hee was a spirituall sonne to all them as well as I am to the Archdeacon neither shall Sir Henry Martin si revivisceret interpose any limitation qualification restriction or exception to overthrow any of these consequences or collections from his major proposition but I by the same will overthrow his major proposition and free my selfe from preaching the visitation Sermon Thirdly if the foresaid proposition bee good Divininity then it will confound and make common the offices of Apostles Bishops Presbyters and Laymen which the word of God makes and all antiquity * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Iggat Epistola ad Trall in and ever since the Apostles time held distinct and different The most learned Bishop Bilson in his forecited Treatise De perpetua Christi Ecclesiae gubernatione observes that there were eight things in the Apostles whereof foure were ordinary and perpetuall and foure extraordinary and temporary The foure extraordinary and temporary are these To bee sent immediately by Christ to have infallibility of judgement a power to worke miracles and to bee sent over the whole world The foure ordinary and perpetuall are these a power to preach the word to adminiminister the Sacraments to ordaine Ministers and to excommunicate All the eight were onely in the Apostles The foure ordinary and perpetuall onely in Bishops two of them namely a power to preach the word and to administer the Sacraments onely in presbyters and none of all the former in Lay men But if the former proposition be good Divinity then every parochiall Presbyter may command any of his Parishioners to do the forsaid foure ordinary workes namely to preach the word to administer the Sacraments to ordaine Ministers and to excommunicate any man both in his owne Parish and over the whole world and then every Archdeacon Bishop and Archbishop may command all them that are under their authority to doe like And so every Parish Priest Archdeacon Bishop and Archbishop shall have not onely Episcopall and Archepiscopall authority by his bare word to make licensed preachers over all England which is contrary to the Canons but also Apostolicall power to send licensed Preachers over the whole world which is the usurpation and presumption which the Pope of Rome challengeth to the prejudice of all the Bishops Archbishops and Churches of Christendome and to the diminishing of the supreame jurisdiction of all the temporall Princes through the world Whence my Lord will arise an intollerable confusion of all the foresaid functions and every lay man by the Command of his spirituall superiour shall be enabled to excommunicate any man even Kings and Princes and then surely every Clergie man may doe as much and then neither Clergie nor Laity can justly except aginst Pope Pius Quintus for excommunicating Queene Elizabeth nor against Felton for setting up that excommunication upon the Bishops of Londons gates Neither shall sir Henry Martin si revivisceret interpose any limitation qualification restriction or exception to overthrow any of these consequences or collections from his major proposition but I by the same will overthrow his major proposition and free my selfe from preaching the visitation Sermon Confutatio 4 But in the fourth place my Lord to deale gratiously and indulgently with Sir Henry Martin and not to stretch his words so farre as by true Logick sound reason and good consequence they reach but onely so farre as he intended them certainely his intent was to prove that the Archdeacon might thereby command me to preach his visitation Sermon and it was knowne unto him that I was not a licensed preacher for he together with the other Commissioners saies as much in the fift article extant in the Defendants plea and it was also knowne unto him that by the 36. 49. and 52. canons made 1. Iacobi no incumbent may preach or expound any Scripture no not in his owne cure untill he be first made a lycensed preacher either under the seale of one of the Universities or else under the hand and seale of a Bishop or an Archbishop and it was likewise known unto him that these * Graviter peccat qui obedientiam infringit praesertim si veniat contra leges sive constitutiones per superiorem rite rationabiliter editas promulgatas Lyndewode Prov. lib. 1. tit de Constitut cap. Quia incontinentiae ver obedientiae canons were made by a provinciall Synod called together by the Kings writ and confirmed by his Majesties Letters Patents out of his Prerogative Royall out of a Prerogative Royall invested in the Crowne by God himselfe acknowledged by Article by Statute by Canon nay out of a Prerogative Royall which he and I by the oath of Supremacy were both bound to the utmost of our powers to defend and maintaine So that by the former argument drawne from the fift commandement Sir Henry Martin would bring into this orthodoxe Church arbitrary or blind obedience and the worst part or kinde thereof not that onely which is uncanonicall pretercanonicall or ultra canonicall but that also which is anticanonicall or contracanonicall even contrary to the * Hic dicit Glossa Hebraica si dixerit tibi quod dextra sit sinistra vel sinistra dextra talis sâ—ntentia est tenenda quod pater manifeste falsum Quia sententia nullius hominis cuiuscunque sit authoritatis est tenenda si contineat manifeste falsitatem vel errorem Et hoc patet per id quod praemittitur in textu Indicabunt tibi iudicii veritatem Postea subdiâ—ur docuerint te iuxta legem eius Ex quo patet quod si dicant falsum declinent a lege Dei manifeste non sunt audiendi Lyran. in 17. cap. Devt Canons Statutes Articles oath of supremacy and to the word of God and thereby doth himselfe and would make me preferre the single command of my spirituall father the Archdeacon above and before the joynt command of all my spirituall fathers met in a provinciall Synod 1. Iacobi nay above the command of all the fathers gathered together in Parliament 1. Eliza. 25. Henry 8. yea before the command of the King himselfe Gods immediate deputy who is Pater patriae pater reipublicae yea and Pater Ecclesiae too
for though he be not Pater generans Ecclesiam yet he is pater nutrient Ecclesiam as the Prophet Esay speakes Kings shall be thy nursing fathers and Queenes thy nursing mothers Esay 49.23 nay above the command of God himselfe who hath commanded us to render unto Cesar those things which are Cesars Mat. 22. and to obey Cesars just lawes not only for wrath but for conscience sake Rom. 13.5 and that in the first place above and before the command of any subordinate officer whatsoever 1 Pet. 2.13.14 So that Sir Henry Martin deales with the fift commandement just as Pope Gregory the seventh did with the words of Samuell to unto King Saul 1 Sam. 15.22 for whereas the word of God saith to avoid fornication let every man have his owne wife and every woman her owne Husband 1 Cor. 7.2 which is an absolute precept enioyning all those to marry who cannot otherwaies avoid fornication Gregory the seventh by the foresaid * In concernentibus fidem etiam dictum vnius privati esset praeferendum dicto Papae si ille moveretur melioribus rationibus novi veteris testamenti quam Papa Panormit de elect cap. significasti prope finem text of Samuell doth contrary to the foresaid word of God 1 Cor. 7.2 command all Priests to put away their wives under pretence of fornication He saith Gregory that will not obey his most wholesome precept of ours forbidding Priests their wives under colour of fornication incurreth the sin of Idolatry as Samuel witnesseth not to obey is the sinne of witchcraft and not to be content is the wickednesse of Idodolatry Distinct 81. si qui sunt So that Pope Gregory the seventh and Sir Henry Martin agree both in this They both approve of Arbitrary or blinde obedience they both make the word of God the ground of it they both derive it from generall texts of Scripture and by vertue of those generall texts they challenge a power to command even contrary to God himselfe speaking in other plaine evident and perspicuous texts they differ only in this Pope Gregory the seventh derives this arbitrary obedience from the former words of Samuell 1. Sam. 15.22 and chalengeth it onely for himselfe Sir Henry Martin deduceth it from the fift commandement and chalengeth it for every spirituall father for every incumbent Archdeacon Bishop and Archbishop Nay farther Sir Henry Martin by his former argument from the fift commandement endeavours to make our Church like the Church of Rome as it is defined by Gasper Scioppius in his Ecclesiasticus cap. 147. both in his summe and booke at large where he thus defines the Church of Rome Ecclesia * As Bishops ought to discerne which is truth before they Teach so must the people discerne who teacheth right before they beleeve Bishop Bilson in his true difference between Christian subiection and unchristian rebellion 2. part pag. 259. est mandra sive grex aut multitudo jumentorum asinorum The Chrurch is a society or a company or a multitude of cattell and asses And where there are horses asses mules there if there be any good done with them must be Horse-keepers Assekeepers Muletors and their whole Church as Scioppius saith consists of these two The Horses Asses Mules are the Laity the Horsekeepers Assekeepers Muleters are the Clergy of the former he saies Nos Dei jumenta sumus sive peccora subiugalia tanquam equi aut muli sive asini Clitellarij veterini dossuarij sarcinarij sagmarij we are Gods juments or yoke cattell as it were horses or mules or asses to carry packes to be girt with circingles to carry Dossours to beare burdens to bee sumpters And of the latter he saith illi agasones illi muliones nos fraenant nos loro alligant nos agunt nos stimulant nobis jugum onus imponunt those horse-keepers Sic nimirum se reshabet Iudicant oves privati omnes iudicio discretivo Judicant Episcopi pastores iudicio directivo clavium potestate coactivo sed iudicant saepe errante Clave quo casu videntur solum ligare non ligant Judicat Christus solus iudicio infallibili nec unquam errante clave Non sic vel Pontifex vestere suo tripode vel Concilium vel tota Ecclesia Iudicat Doctor Crakanthorpe Def. Ecclsiae Anglic. contra Archiep. Spalat cap. 13. parag 20. those muletors put the bridle upon us they tye us with the raines they drive us they spurre or goade us they put the yoke and burden upon us And doth not Sir Henry Martin endeavour to make our Church like theirs in giving power by the former argument to every incumbent to lay his burthen upon his Parishioners to every Arch-deacon Bishop and Arch-bishop to lay their burdens upon the Clergie and Laity within their jurisdiction This is so evident my Lord that it cannot be denied and all the harm I would wish him for it si revivisceret is only this ut patiatur interpretationem quam tulerit that the blessing of Ishachar Gen 49.14 which by his former argument he endeavours to bring upon the whole Church of England may fall upon himselfe only and that in the highest degree Confutatio 5 But my Lord in the same Author and in the same place there is one thing of an higher ranck and nature and so high that it transcends all Religion and piety all modesty and honesty all humanity and civility and savours altogether of Antichristian and Luciferian pride and arrogancie and that 's this That Scioppius ranks amongst these Asses not only such as are Subjects but also such as are Soveraigns even Kings and Princes Gods immediate Deputies as well those of their Religion as those of ours but with this difference those of their Religion he calls understanding and obedient Asses those of our Religion refractory Asses without understanding He calls them all (*) To Bishops speaking the word of God Princes as well as others must yeeld obedience but if Bishops passe their Commission and speak beside the word of God what they list both Prince and people may despise them If Apostles and Angels be tyed to this condition much more others our first addition which speake unto you the word of God is ever intended in the Bishops function though it be not expressed Bishop Bilson in his true difference betweene Christian subiection and unchristian rebellion pag. 261 262. Asses for his former reason because they were to beare what burdens those Agasones those Muliones the Popish Clergie should lay upon them and their Kings he calls obedient and understanding Asses because they did do so they did submit their backs and shoulders to those burdens And amongst them he especially commends Charles the Great for a wise morigerous and a patient Asse because he was a ringleader to all other Asses to submit to this his own rule in the Canon law In memoriam B. Petri honoremus sanctam Romanam Apostolicam sedem
twenty nine chapter of Magna Charta most fully and strongly confirmed 3. Caroli by the Kings Majesty in his answer to the Commons Petition of right in these wordes let right be done as is desired according to that twenty nine chapter of Magna Charta Now what saith that twenty nine Chapter of Magna Charta No freeman saith that chapter shal be taken or imprisoned or be disseised of his freehold or liberties or free customes or be outlawed or exiled or any otherwise destroyed neither will we passe upon him nor condemne him saith the King but by the lawfull iudgement of his Peeres or by the law of the land That is under your Lordships the Courts correction whose office it is to interpret statutes unlesse that party be first convicted found culpable of the breach of some law of this land by a legall proceeding either at the common law or else in some other court and whosoever shall either condemne or punish any freeborne subject of this kingdome either for his obedience to the lawes of this land or for that which is no breach of any law of this land he doth violate that twenty nine chapter of Magna Charta and for that he stands excommunicate by a double excommunication the one deliver'd publikely here in Westminster Hall (f) Tempore Bonifacii Archie◠regnante tunc in Anglia H. 3. videlicet anno Dom. 1253. Id ibus Maii. inaula Westmon 15. Epis leguntur sententiam de qua hic sit mentio fulminasse Lyndew Prov. lib. 5. tit de sententia excom cap. cum malum Parag. Item excom verbis ab omnibus Daniell in the life of H. 3. 37. Henry 3. by Bonifacius then Archbishop of Cant. assisted with 14. other Bishops all in their pontificalls and tapers in their hands which after the excommunication denounced they threw upon the ground and as they lay there smoaking they cried so let all them that incurre this sentence be extinct and stincke in hell and all this was done in the presence of the Commons Nobles yea and of the King himselfe who at the same time with a loud voyce said as God me helpe I will as I am a man a Christian a Knight a King crowned and anointed inviolably observe all these things and the excommunication it selfe is set downe at the end of the statutes made 52. H. 3. in the booke of statutes at large put out by judge Rastall the other is extant in the same booke at the end of the statutes made 25. Edward 1. and uttered by Robert Winchelsee Arch-bishop of Canterbury in his time both against the violaters of this renowned law of Magna Charta often confirmed not onely by the following Kings the successours of Henry the third and Edward the first but also by the Pope him selfe as appeares out of the fift booke of Lyndewodes provinciall titulo de sententia excommunicationis cap. Cum Malum parag Item excommunicatj And besides the former confirmations and excommunications the authority of Magna Charta was made sacred and inviolable as it were 25. Edward 1. first by decreeing that that charter under the Kings seale should be sent unto all the Cathedrall Churches throughout the Realme there to remaine and to bee read before the people twice a yeare And secondly by enacting that that Charter should ever after be propugnated and vindicated by the sentence of excommunication to be denounced twice a yeare by all Archbishops and Bishops in their Cathedralls against all those that by word deede or counsell did doe contrary to the foresaid charter or that in any point did breake or undoe it and if the same Bishops or any of them should be remisse in the denuntiation of the said sentence that then the Archbishops of Cant. and Yorke for the time being should compell and distraine them to the execution of their duties in forme aforesaid as appeares by the 3. and 4. chap. 25. Ed. 1. And surely my Lord those two former solemne excommunications were those other continuall semiannuall excommunications might have beene hitherto and may hereafter bee rightly and justly denounced against the violaters of this 29. chap. of Magna Charta for this 29. chapter that no free man is to be punished but for the breach of some law is good Divinity accords excellently with the word of God The Apostle Rom. 4.15 telles us 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the law causeth wrath that is punishment and how doth the Law cause wrath or punishment not simply singly of it selfe not observ'd but transgrest and therefore in the next words the Apostle saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 where there is no Law there is no transgression And as where there is no 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 no law there there cannot bee any 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 any transgression of Law so where there is no 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 no transgression of law there there cannot be any 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 any fault or offence and where there is no 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 no fault or offence there there ought not to be any 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 any wrath or punishment Nay my Lord though there be a law yet if that law be not transgrest there cannot justly be any 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 any wrath or punishment At most though there may bee 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 proposita 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 denuntiata wrath proposed or denounced in the Law to terrifie all persons from sinne which is nothing but the binding power of the Law yet justly there cannot be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 imposita 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 inflicta wrath imposed or inflicted by the Judge upon any person to punish him for sinne untill the Law be transgrest and sinne committed by that person And this the Apostle Rom. 5.12 doth most acutely divinely shew by imputing the punishment partly to the Law and partly to the transgression of the law to the Law as to a just rule inflicting punishment upon the transgression to the transgression as to a meritorious cause deserving that punishment according to the just rule of the Law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 By sin which is the transgression of the law Death the wrath punishment of the law entred into the world So then my Lord this is most certainely and most undoubtedly true wheresoever there is any 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 any wrath or punishment any fining or imprisonment any deprivation degradation excommunication or any other censure sentence mulct or punishment whatsoever rightly and justly inflicted There there must of necessity of necessity my Lord there there must be some 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 some fault or offence Wheresoever there is any 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 any fault or offence there there must of necessity of necessity my Lord there there must be some 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 some transgression of Law Wheresoever there is any 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 any transgression of Law there there must of
the other to the freedome and liberty of all his free-borne Subjects who are not tyed to any lawes but to those onely whereunto they give their consents did prettily and wittyly invent and contrive this trimme and almost undiscernable alteration to cure these two deadly woundes for which Sir you did then deserve a better fee from the Commissioners than either from his Majesty or from his other free-borne Subjects But my Lord though Master Justice Heath hath with that one salve well cured those two sores yet therein he hath not rightly and truely exprest and discover'd the nature of canonicall obedience for Canonicall obedienee hath no reference to custome that 's customary obedience which is due to custome neither hath canonicall obedience relation to the laws in generall of what kind soever they bee but onely to that part and kind of law which is called the canon law for canonicall obedience is such obedience as the canons require and such obedience as the canons require is canonicall obedience they are convertible of the same circuit and circumference just even whatsoever is within compasse of canonicall obedience is within the compasse of the canons and whatsoever is without the compasse of the canons is without the compasse of canonicall obedience so that if I am bound by my canonicall obedience to preach the Arch-deacons visitation Sermon then I am thereunto bound by some canon and if not by some canon Thesis tertiae probatio then not by my canonicall obedience And that this is so that canonicall obedience is such obedience as the canons require I will now endeavour to prove by foure reasons such I hope as shall satisfie your Lordship this Court and all men that will be satisfied with reason and I hope shall silence them that will not with reason be satisfied Ratio 1 My first reason to prove that Canonicall obedience is such obedience as the canons require is drawne a vi virtute ipsius vocis Canonicae from the very sence and signification of this word Canonicall for as legall obedience is such obedience as the law requires Evangelicall obedience such obedience as the Gospell requires customary obedience such obedience as the custome requires arbitrary obedience obedience ad arbitrium praelati according to the praelates pleasure blind obedience such obedience as is requir'd of blind men and unreasonable obedience such obedience as is requir'd of unreasonable creatures so a vi virtute ipsius vocis canonicae from the very strength sence and signification of this word Canonicall Canonicall obedience must be such obedience as the canons require And this reason is further confirmed by an argument drawne (h) Hor argumenti genus quandoque acuminis quandoque virium multum quandoque utrumque habebit Eleganter itaque apud Terentium est Homo sum humani nihil ame alienum puto Rod. Agricola de Inventione lib. 1. cap. 10. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arist Secundo Topicor libr. His illud adiicere ridiculum putarem nisi eo Cicero uteretur quod coniugatum vocant Vt eos qui remâ—ustam faciant iuste facere quod certe non eget probatione Quntil Institut lib. 5. a conjugatis or denominativis a toprike place delivered by Aristotle and Quintilian and approved and put in practise by Saint Iohn 1. Ep. 3. chap. 7. ver there the holy Apostle saith Hee that dâ—th righteousnesse is righteous even as he is righteous that is as our Lord and Saviour Jesus Christ is righteous In which wordes Saint Iohn argueth from one conjugate to an other from doing of righteousnesse to being righteous and so after his example I argue he that doth the canons is canonicall he that performeth obedience to the canons performeth canonicall obedience And that this is true sence of this word canonicall appeares by the authority of William Lyndewode in the fifth booke of his Provincicall titulo de Haereticis cap. Reverendissime where he doth thus expound this word canonicall (i) Item eodem lib. tit de Purgatione canonica cap. statuimus verbo Canonice canonice id est secundum exigentiam Canonum canonice id est secundum ex gentiam canonum canonically that is saith hee according as the canons require And this my Lord is my first reason drawne a vi virtute ipsius vocis canonicae together with an argument drawne a Conjugatis or Denominativis a topicke place deliver'd by Aristotle and Quintilian and approved and put in practise by Saint Iohn and confirmed by the authority of William Lyndewode My second reason my Lord is taken from the generall consent of learned men not onely in our owne church and of our owne religion but also from those who though they are of our religion yet they are not of our Church I meane of our nationall Church nay from those that are neither of our church nor of our religion And this reason being drawne from the joynt consent of learned men ought to be of great force and authority according to that of vincentius Lerinensis quod abomnibus quod ubique quod semper tenetur illud pro certissima veritate habendum tenendum est I will begin my Lord with those that are furthest from home My first Man is Bellarmine a learned man in the judgement of those that are soundly and deepely learned on our side my most reverend diocesan and provinciall my Lords Grace of Cant. in his relation of the conference betweene his Grace and Master Fisher the Iesuiâ—e doth divers times highly magnifie him for his acute solid and profound discourse upon divers points of controversie sect 3. num 2. num 17. And Doctor Rainolds speaking of Bellarmine and Campian Stiles them nobile par Iesuitarum and prefers Bellarmine as far before Campian notitia rerum as he doth Campian before Bellarmine structura verborum This learned man in a particuler treatise immediately following his bookes of Justification the title whereof is de bonis operibus in particulari 10. chap. speaking of Canonicall houres doth there thus describe them canonicall houres saith he are such houres as are appointed by the canons to praise God and to pray unto God and these houres saith he are call'd canonicall because they are assigned deputed and appointed by the canons to that purpose And Petro soave Polano the learned authour of that excellent history of the councell of Trent in his sixt booke doth give the same reason of the same name Collegiate churches by their institution have this function among others to assemble themselves in the churches to praise God at the houres appointed by the canons which saith he are therefore call'd canonicall and Brentius a learned man of our owne religion in his Confessione wittenburgensi cap. 20. de Horis Canonicis doth give the very same reason of the same name that the two former doe Againe Gregory the great in the 11. booke of his Epistles and 51. Epist to Iohn Bishop of Panormum and received into the body
by that excommunication on the other side And as among the high Commissioners my Lord some are oftner or seldomer excommunicate according as they have had their fingers oftner or seldomer in my punishments so they that have beene actors and parties in all my six punishments are excommunicate full 13. times And whilst they stand and continue thus excommunicate without either pleading the Kings pardon or performing publicke penance I for my part shall account them fitter for Amsterdam and for Rome than for this orthodox Church of England out of which they have justly cast themselves by excommonicating me unjustly for my communion therewith and for my obedience thereto And this much my Lord concerning the principalls The Defendants 3. Arguments I should now proceed to the accessories but that their are three arguments first to be answered The first is taken from law the second from custome and the third from a title given to the Archdeacon in the canon law and alleaged in the defendants plea the third Article namely because the Archdeacon is oculus episcopi and therefore may enjoyne the incumbents within his Archdeaconry to preach his visitation sermon that thereby he may see and learne and know their sufficiency I will begin with the Argument taken from Law The law is the fift commandement of the decalogue Honour thy father and thy mother and from these wordes a right learned commissioner in giving the first part of the first finall sentence against me argued thus The first Argument You Sir saith he to me will doe nothing but what you are bound to doe by law will you and doth not the law bind you to preach the Arch-deacons visitation sermon doth not the fift Commandement bind you to honour your Father and is not the Arch-deacon your spirituall father and are not you his spirituall sonne and hath not a spirituall father power by the fift Commandement to command his spirituall sonne any spirituall worke and is not a spirituall sonne bound by the same commandement to obey the spirituall command of his spirituall father in doing the spirituall work commanded by him Ergo you Sir are bound by the fift commandement to doe this spirituall worke to preach the Arch-deacons visitation sermon at the Archdeacons command This was the argument my Lord Socratically drawne from law and this argument in and of it selfe is very weake and feeble all the strength of it depends upon the authority and credit of the argumentator and therefore unlesse I will be injurious to the argument it selfe and to the cause of my adversaries I must make known the Authour of this Argument that so the strength and validity thereof may the more appeare It was the right worthy and right worshipfull Sir Henry Martin vir cum cura dicendus a man not to be mentioned without singular reverence A man that hath a long time and did very lately Dominari in Curits Ecclesiasticis A man that deserved that Elogy which Eunapius gives to Longinus he was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A living Library and a walking study or as the same Eunapius saith of Plutarch that he was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The very Uenus and harpe of all Philosophy So wee may truely say of the eminently learned Sir Henry Martin that he was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Uenus the delicacy the musicall instrument the Harpe the Lute the Theorbo the Polyphon of all the law both Civill and Canon he was like Servius Sulpitius Iurisconsultorum eloquentissimus eloquentium iurisconsultissimus And as one said of Saint Augustine Deest theologiae quicquid Augustino deest Wherein so ever Augustine is defective Theology it selfe is defective so Deest legi quicquid martino deest Wherein soever sir Henry Martin was defective the very law it selfe is defective and then surely the former argument if it bee answerable to the Author of it must needes be of great force and vertue or else the Law it selfe must needes be defective But my Lord though the Authour of this Argument was so accomplished yet if we examine the argument it selfe we shall finde it very weake and feeble and being reduced into a syllogisme it runnes thus By the fift commandement every spirituall Father may command his spirituall sonne any spirituall worke and by the same commandement every spirituall sonne is bound to obey the spirituall command of his spirituall father in doing the spirituall worke commanded by him But the Archdeacon is my spirituall father and I am his spirituall son and he hath commanded me a spirituall worke namely to preach his visitation sermon Ergo. By the fift commandement I am bound to doe that spirituall worke to preach that visitation Sermon at the Archbishops command This syllogisme my Lord in respect of the forme is good and all the doubt is concerning the matter of the major or first proposition If that be true then the conclusion is true if that be false then the conclusion will faile And first my Lord I will confute the major or first proposition wherein the whole strength of the argument lies by granting it and by shewing what a multitude of errors absurdities and inconveniencies will follow and flow from it The major or first proposition is this By the fifth Commandement every spirituall father may command his spirituall sonne any spirituall worke and by the same commandement every spirituall sonne is bound to obey the spirituall command of his spirituall father in doing the spirituall worke commanded by him Confutatio 1 And if this proposition be good Divinity then the Archdeacon may command me or any other incumbent within his Archdeaconry not onely to Preach one Uisitation Sermon for him which is the utmost that the Archdeacon himselfe challengeth as appeares in his plea the third Article but he may also command me to preach at every Uisitation holden by him so long as we two live together And besides he may command me to preach for him alwaies at his prebend at his Donative at his two benefices and so he shall take his ease and have all the gaines and I take all the paines and discharge his cures and neglect mine owne Neither shall Sir Henry Martin si reviviscoret interpose any limitation qualification restriction or exception to overthrow any of these consequences or collections from his major proposition but I by the same will overthrow his major proposition and free my selfe from preaching the Uisitation Sermnn Secondly if the foresaid proposition be good Divinity then thereby I will free my selfe and all other incumbents from preaching both at the Uisitation and in our owne cures and put both those workes upon our Parishioners For if the Archdeacon may command mee because I am his spirituall sonne to doe any spirituall worke and therfore to preach his Uisitation Sermon then I likewise being a spirituall Father to my Parishoiners may command any of them to do any spirituall worke and therefore to preach that visitation Sermon And if I may command any of
every one to challenge and defend his own right and to repell injurie So did I. And the oath of Supremacie bindes me to the utmost of my power to defend and maintaine all jurisdictions of the Crown and therefore this among the rest that none of the Clergie in their severall jurisdictions can go beyond much lesse contrary to the Canons without incroaching upon the Prerogative royall and supreame Jurisdiction of the Crowne accessory The third The wager And this doth likewise justifie the wager of an hundred pounds laid down to defend the Kings supreame Ecclesiasticall jurisdiction over the Clergie to the utmost of my power according as I was and am expressely bound by the oath of supremacie And for that purpose I have made choice rather to be fin'd imprison'd depriv'd degraded and excommunicated by the High-Commissioners and to endure those tedious delaies and those manifold disgraces indignities and injuries in this Court than by betraying the Kings supremacie to the Arch-deacons usurpation with the High-Commissioners this Court the Barons of the Exchequer and the Lords of the Counsell to violate that oath and so to commit perjury knowing it a thing most acceptable in Gods sight to endure the greatest punishments for to avoid the least sin much more for to avoyd the greatest sin so that set aside this one untrue circumstance there is nothing at all culpable in these three first accessories The manner of speaking and of laying the wager And though the Defendants say that I did speake very malepertly and irreverently to Master Arch-deacon and offered to lay the wager with him in a very arrogant and irrespective maner yet seeing they mention no one particular evill word or deed I hope your Lordship after so many arguments upon the generall sentence of deprivation and degradation and this argument of mine upon the speciall matter will remember that in generalibus latet fraus and vir dolosus versatur in universalibus and will then conceive that that which they say was spoken and done very malepertly irreverently and arrogantly was spoken and done discreetly resolutely and heroically that I might to the utmost of my power defend the Kings supreame Ecclesiasticall jurisdiction over the Clergy according as I was and am expressely bound by the oath of the supremacie and then there is no fault at all either in my words or wager in the things or circumstances But now my Lord though that one circumstance be false and the Defendants according to their own law are not to be credited in the accessories because they have falsified the Law in the principalls Yet my Lord seeing we are now in a demurrer according to the nature of a demurrer let all be granted in these three first accessories that the Defendants themselves affirme Let the words be uttered very malepertly and irreverently let the wager be offered in a very arrogant and irrespective manner let the Archdeacon at the same time be in Saint Margarets Church in Canterburie at the Visitation among the Clergie and sitting there to heare Causes Yet now I will make it appeare by the Defendants owne confession and by a necessary consequence from their confession that in these foure accessories there is no fault at all The Defendants as your Lordship may remember charge me with six particulars amongst which they make my refusall to preach the Visitation Sermon and my maintaining it to be the Arch-deacons duty to preach his own Visitation Sermon the two principall or especiall faults And if they two be the principall and especiall faults then by the force of comparison drawne from the adversaries own estimate the other foure must needs be inferiour and accessory And then if the principall and especiall faults be no faults no breach of any Law much lesse can the inferiours or accessories be any faults or any breaches of Law for si principalis causanon subsistat ea quae sequuntur locum non habent Now I have before shewed that the two principall or especiall faults are no faults but vertues and eminent vertues even the vertues of Canonicall obedience and therefore the other foure being in the Defendants own judgement lesser and inferiour vices than the two former they cannot be any faults but must needs be vertues and greater and superior vertues And the Defendants cannot except against this consequence because it is necessarily drawne from their own estimate and testimony and testimonium ab adversario contra se fortissimum accessory The fourth Now for the fourth and last accessory my refusall to performe the submission conceptis verbis which the Defendants pretend to be a great affront and contempt both to the Kings supremacy and to the High-Commission authority seeing therein I was enjoyned to acknowledge my refusall to preach the Arch-deacons Visitation Sermon at the Arch-deacons and Arch-bishops mandate to be a breach of Canonicall obedience It is certain my Lord that if that my refusall to preach that Sermon be no breach of Canonicall obedience then my refusall to perform that submission conceptis verbis is no affront or contempt either to the Kings or Commissioners authority And if I make good the former the Defendants must of necessity grant the latter And for the cleering of this former it is to be observed that there is a two-fold Canonicall obedience the one due to the Canons only the other to the Prelates mandate according to the Canons To the former we are bound by the Canons themselves and by his Majesties Letters Patents confirming the Canons To the latter we are beside bound by the Prelates mandate and by the oath of Canonicall obedience The breach of the former in all such as submit unto the canons is but only disobedience The breach of the latter is not only disobedience but also contumacie yea and perjury too in all them that have taken the oath of Canonicall obedience This will appeare my Lord by the oath of Canonicall obedience extant in the instrument of my Admission and Institution which I have here to shew wherein the oath runs thus Te primitus de legitima Canonica obedientia nobis successoribus nostris in omnibus licitis honestis mandatis per te praestanda exhibenda ad sancta Evangelia ritè junatum admittimus we admit thee saith the Ordinary having first been rightly sworn by the holy Gospels to perform lawfull and Canonicall obedience to us and our successours in all lawfull and honest mandates In which words my Lord it is first to be observ'd that the thing that I sweare is not arbitrary and blinde obedience that is such obedience as the Prelate shall require by his Dictates whatsoever it be but lawfull and Canonicall obedience that is such obedience as the Canons and Ecclesiasticall lawes of this Land require Secondly that the persons to whom I have sworn are only the Bishop and his successours not the Arch-deacon and therefore though I am bound to yeeld Canonicall obedience to all the Arch-deacons lawfull
and honest mandates yet I am not by oath bound thereunto and therefore when I violate his lawfull and honest mandates I commit only contumacie not perjury And lastly that I have not sworne this Canonicall obedience to the Canons themselves for then every time I broke a Canon I should commit perjury but only to the Bishop and his successours mandates nor to his words or private letters or postscripts or messages but only to his and his successours mandates no nor to al their mandates neither but only to all their lawfull and honest mandates Now what is a Prelates mandate A Prelates mandate saith (n) Provincialis lib. 3. de Institutionibus commendis cap. 1. verbis Archidiaconis suis Extorqueri cap. 3. Verb. superioris tenentur See 120. 122. 124 Canons Such are the mandates in the Kings-Bench their habeas corpus their Latitats Capias and other mandates and these are made in the the Kings name and subscribed with the chiefe Iustices hand and sealed with the seale of the Court. And such are all the processes mandates letters Missive Decres of the High-Commission Court and ought to be such as appears by the latter part of their Commission and I have one of their mandates or letters missive here to shew A Writ is the Commandement of the King formed in Latine directed either to some Minister of his Courts or sometime to the party-Defendant at the pursuit of the Plaintiffe for the better administration of Iustice Writs touching their forme are breife and short and therefore are called in Latine Brevia in French Breifs for their shortnesse in English Writs for that they are short mandates in writing Iudge Dodrige in his English â—awyer p. 43 Lyndewode is a publick instrument out of the Prelates court made in the Prelates name under the seale of his office and the hand of a publick Notary Without such a mandate sent from the Bishop to the Arch-deacon the Arch-deacon though he hath taken the oath of Canonicall obedience to the Bishop is not bound to Induct any man instituted by the Bishop neither is he in contumacie if he refuse But after he hath received such a mandate if he do then refuse he is then both in contumacie and perjury too And of these mandates I have two out of the Arch-deacons Court here to shew one for my Induction another to reverse a suspension And such mandates are daily sent out of the Arch-deacons and Bishops Courts to command us to pâ—blish the excommunications and other censures of their Courts against our Parishioners and upon our Parishioners submission and reformation there comes out other mandates commanding us to publish the assoiling acquitting and restitution of our Parishioners and the abolition or abrogation of the former censures And so likewise there are daily sent out mandates or processes commanding both us and our Parishioners to appeare at our Prelates Courts And all these mandates are agreeable unto the former definition of a Prelates mandate given by William Lyndewode And of those mandates the Canon Law makes two (o) Clementinarum lib. 2. titulo de Dolo Contumacia cap. unic verbo manifeste Contumax in non veniendo non appellat Contumax in non parendo appellat quod iste peccat in uno tantum ille in duobus Quod intelligo quia iste venit sed non paret ille nec venit nec paret Decretal lib. 2. titulo 14. de Dolo. Contumacia cap. 4. verbo Conrumaciter Contumaâ— est qui cum debet parere non paret _____ Ibidem cap. 2. verbo Contumaciter Multis modis committitur Contumacia quandoque attenditur respectu non venientis quandoque respectu non restituentis quandoque respectu non respondentis vel obscure respondentis quod idem est ac si non responderet quandoque respectu non iurantis quandoque respectu recedentis infecto negotio quandoque respectu non exhibentis unde versus Non veniens non restituens citiusque recedens Nil dicens pignusque tenens iurareque Nolens Obscureque loquens isti sunt iure rebelles Quibus adde alios versus eodem libro ut lite non contestata c. tit 6. Casibus in tribus his quis dicitur esse rebellis Impedit occultat iussis parere recusat sorts there is mandatum pro apparendo and mandatum pro parendo a mandate for appearing and a mandate for obeying And so accordingly there is a two-fold contumacie contumacia in non apparendo and contumacia in non parendo a contumacie in not appearing and a contumacie in not obeying The contumacie in not appearing is committed when we violate the Prelates mandate for our appearing at his Court The contumacie in not obeying is committed when we violate the Prelates mandate enjoyning us to obey some act of his Court and without one of these mandates first had and received neither of these contumacies can be committed Now with what contumacy do the Defendants charge me not with any contumacy in not appearing neither can they for neither did the Archdeacon no nor my Lords Grace neither send out any mandate to command me to appeare either at their Archidiaconall Episcopall or Archiepiscopall Courts and I alwaies observed the mandates of the High-commission court for my appearance So that they neither can nor do charge me with any contumacy in not appearing They onely charge me with contumacy in not obeying the Archdeacons and Archbishops mandates commanding mee to preach the Archdeacons visitation sermon This appeares my Lord out of their owne sentence for in the first part of their first finall sentence alleaged in their plea the defendants say Super aperientiam causae ipsi invenerunt Georgium Huntley specialiter oneratum in articulis praedictis cum duobus particulariis primo pro recusatione ad praedicandum visitationis sermonem ad requisitionem mandatum Archidiaconi diaecesis scilicet praedicti Willielmi Kingsley in Contrarium suae canonicae obedientiae And afterward in the first part of that first finall sentence they say that I violated the Archbishops mandate in the same matter quod quidem mandatum dicti Archiepiscopi dictus Georgius Huntley etiam neglexit and afterwards in the second part of that first finall sentence they charge me with perjurie for violating that my Lords Graces mandate Now my Lord if I have violated my canonicall obedience to the Archdeacons and Archbishops mandate and therein have committed disobedience contumacy and perjury as the Defendants pretend then I have violated some Canon and some Canonicall mandate of the Archdeacons and Archbishops Canonicall both for forme and matter where these three concurre a Canon and a mandate Canonicall both for forme and matter there if the partie that breaks them hath taken the oath of Canonicall obedience he committeth anticanonicall disobedience contumacie and perjury But where the first of these is wanting where there is no Canon there there cannot be a Canonicall mandate for matter and though there