loue of the truth that they might be saved 2. Thes 2. 10. 11. Now the very God of peace sanctify thee throughout in thy person in all thy wayes works and I pray God that thy whole spirit soule and body may be kept blamelesse unto the comming of our Lord Iesus Christ even so Amen TO THE MOST CHRISTIAN and excellent Prince our gratious and Dread Soveraigne IAMES by the grace of God King of England Scotland France and Ireland c. Wee the Ministers and Preachers of the Church of England that desire Reformation wish a long prosperous and happy raigne over us in this life and in the next everlasting salvation MOst gratious and dread Soveraigne we little thought when first our humble Perition was exhibited to your excellent Maiesty it being both for the matter honest and for the manner peaceable should haue found so hard entertainment abroad as that this action of ours so Answ to the Petit. Epist. Ded. p. 4. l. 21. secretly orderly and lawfully enterprised should be by publick writing traduced as unduly and dishonestly attempted Our meaning was onely to intimate to your Majesty the state of our Church not to lay open the nakednes of our Mother to the scandall of the enemy nor to appeale to inferiour iudges to the preiudice of your Maiesty to whom the cognizance of this cause and deciding of this strife of right appertayneth We trust therefore that as Abraham composed the variance between Genes 13. Exod 2. his and Lots servants Moses between the Hebrewes Constantine among the Church Ministers so it will please your Majesty to be a iudge between us and to giue us leaue to defend iustifie our innocent cause As for us we say with the Apostles We cannot but speak the things which we haue seen and heard and approue that saying Act 4. 20. of Hierome Minoris peccati est sequi malum quod bonum putaris quam non audere defendere quod pro bono Dialog 1. advers Pelagian certo noveris Now then most noble King giue your faithfull subiects and unsained lovers of the trueth your princely leaue to iustify their honest and godly petition which hath been by some of our Brethren in their heate impugned In which their enterprise we humbly craue licence to propound certain generall observations which we referre to your Highnesse Christian consideration First whereas wee your Maiesties 1. Observation Opposition between the Kings iudgement the Censurers of Oxford humble Petitioners haue throughout conformed our desires and requests to your Maiesties iudgement who haue wished us to iudge of your future proiects according to your by-past actions and haue proportioned our suites after the rule prescribed in your Majesties book which you would Preface to Basil haue taken of all men as an image of your mind and a Discovery of that which may be looked for at your hands Yet our brethren to our understanding haue been bould in diverse points to oppose their indgement to your Maiesties 1. They count it an unsufferable Pag. 7. thing to permit any thing touching the government of the Church to be so much as questioned Whereas it hath pleased your Maiesty in your princely wisdome to permit and will a conference of the learned concerning such matters 2. They will not grant that these Pag. 10. articulated are the peccant humors of the Church and so consequently acknowledge none Your Majesty saith otherwise no kingdom lackes her own diseases and seemeth not to be ignorāt of corruptions stoln into the state 3 They justifie ceremonies traditions not warranted by the word as the crosse in baptisme the surplice interrogatories ministred to infants Confirmation But your Maiesty Basil p. 18. 19. hath shewed us to ground our conscience onely upon the expresse Scripture and to discerne between the expresse will Commandement of God in his word and the invention and ordinance of man 4. They count them turbulent p. 14. that would not haue the Apocrypha read in the Church But your Maiesties iudgement is otherwise as to the apocrypha books I omit them because Basil p. 1. I am no Papist and indeed some of them are no wayes like the ditement of the Spirit of God 5. Your Majesties princely resolution Basil p. 43. is to see all your Churches within your Dominions planted with good Pastors Our brethren say it is impossible and that the defects of some p. 15. Ans men may be better supplied by other meanes then by preaching as by reading of Scripture and of homilies p. 16. p. 14. and of the service boke and that all Ministers were not preachers in the primitiue Church 6. Your Maiestie most truly affirmeth Basil p. 4. according to the Apostle that faith commeth by hearing the word preached Our brethren say that the P. 16. Ans reading of Scriptuers of Sermons and Homilies are the ordinary effectuall meanes to increase faith 7. Your Maiesties Christian motion to the Vniversity is that leases of their tithes impropriate be so demised as Ecclesiastical persons onely may be maintained inabled to execute their functions the Collegdes being provided for But our Brethren do charge the p. 19. Petitioners for this motion with lack of conscience 8. Your Majesties care is that the Basil p. 43. doctrine be preserved in purity according to Gods word The Petitioners for moving to haue an uniformity of Doctrine and all popish opinions abolished are challenged for shamelesse p. 13. suggestions 9. Your Majesties will is that the Basil 13. discipline bee likewise preserved in puritie according to the word of God The Petitioners humbly desire accordingly that the discipline may be administred according to Christs institution for this motion they are reproved p. 20. 10. Your Maiesty most princelike Basil praef professeth equally to loue and honour the learned and graue men of either opinion that like better of the single forme of pollicy in the Church of Scotland or of the many ceremonies in the Church of England Our brethren Epist. p. 5. count the Petitioners Shismaticks Hypocrites dishonest persons for misliking of some ceremonies and other abuses and wish the land were cleane purged of them 11. Your Maiesty giveth this honorable Basil praef 11. testimony of the godly ministers of Scotland that there is presently a sufficient number of good men of them in that kingdom But the Confuters p. 30. say There are not many men brought up among them in this last reformed age worthy of that wonted honorable maintenance 12. Your Majesty specially provideth for keeping holy the Lords day so that alwayes the Sabboths be kept holy and no unlawfull pastime bee used But our brethren seeme to urge the Ans p. 13 rest upon other holy dayes as strictly as upon the Lords day Whatsoeuer opinion is conceiued of our brethren and howsoeuer they are men of credit and estimation in
canere instrumentis in animis puerorum est To vse instruments is for babes and children Itaque in ecclesijs sublatus est tantum instrumentorum vsus relictum est canere simpliciter so that our brethren thinking by these authorities to helpe their cause haue indeed cut the throat of it The Papists themselues confesse that their harmonicall musicke is much later lib. 4. Chronol p. 729. then Iustine Martyr or Augustine either Genebrand confesseth that Pope Constantine sent Organs to King Pippin anno 757. as yet unknowne to the Germanes and Frenchmen and Beza sheweth by good authorities that they were first brought in by Pope Viteliane at the soonest and Colloqu Mompelg par 2. p. 37. into France anno 878. So long the Churches of Christ stood without them and it had been well with them if they had stood so still VVherefore most noble King 1. Seing this theatricall Musicke serveth not to edification in the Church to the which all things there used should serue by the Apostles rule 2. Seeing it hindereth edification in withdrawing the minde from contemplation and pulling it down to carnall delight 3. Seeing it was a part of the Leviticall service which is now ceased in Christ 4. Seing plain voice musicke was taken to be fittest for Gods service by Christ and the Apostles and all the Fathers in the best times of the Church we most humbly entreate your maiesty that this stage-like musicke may be removed and that which is fittest for edification and best beseeming the spirituall worship of the Gospell may be retayned 12. Against the prophanation of the Lords day HErein we both consent Hee is very Answ to pet p. 12. prophane say our brethren that desireth not this from his heart Now wee heartily thanke the holy God of Heaven even for this and we pray him that hath begun this good in our brethren to encrease it to the day of Iesus Christ Indeed the sanctifying of the Sabbath Esay 58. 13 Exod. 31. 13 is it that giveth life to all religion and therefore this being once well setled all religious and Christian duties will quickly follow VVherefore O most noble King not onely we the ministers that desire reformation but both your Vniversities the Vice Chancellors Doctors and heads of houses and the rest of the learned Clergy and obedient subiects expect this at your Highnesse hands that as you haue by your most Christian proclamation give Constant. Euseb lib. 4. c. 19. Theodos Valent. c. de ferijs Carolus magn 139. K. Canutus K. Iuas in martyrol Fox p. 73. Gythcon K. of Danes ibid. p. 755. Exod. 20. 10. charge for the sanctifying of the Lords day and for restraining of idle sports and games upon it as the godly Emperours and Kings haue done before So because through the backwardnes and disorder of many brutish people that day is not yet so carefullie regarded as it should bee It will please your highnesse so soone as God shall giue opportunitie to enact it as a Law that all your Maiesties people may not onely keep a rest but a religious and holy rest upon that day VVee know your highnesse knoweth the largenesse of your gates that they be as large as your kingdom and therefore will provide by godly and wholesome lawes according to the charge of your God which is uppon you that all within your gates i. within your hignesse government and dominions shall keepe the day of the Lords rest in all the holy duties and services of it 13. That the rest upon holy dayes be not so strictly urged Argument 1. IF Saints dayes may without any offence to God bee remooved then the strict observation thereof should not be so severely urged But the first is true for some Churches reformed haue de facto taken them away as brought in by men and de iure they might so do because the keeping of such times without speciall commandement seemeth to be an observing of dayes contrary to the Apostle Gal. 4. 10. and a consecrating of them to the memory of men which should onely be obserued to the Lord Rom. 14. 6. As Ambrose well saith qui calendas Ianuarias colit peccat quoniam homini mortuo defert divinitatis obsequium he that keepeth the calends of Ianuarie sinneth because he giveth divine worship to a dead man his reason is as good against holy dayes Amb. ser 17 kept in the memory of Christian men as Pagans for divine honor should be yeelded to neither Arg. 2. There should be a diffrence made between the rest upon the Lords day and other holy dayes But now there is no difference the rest being as strictly urged upon the one day as the other Ergo. The proposition is thus proved i. The Lord himselfe maketh a difference betweene the Sabboth and other holy dayes of his own appointment for upon the passeover day it was lawfull to dresse that which they did eate Exod. 12. 16 But not so upon the Lord day Exod. 16. 2. 3. 2. the Sabboth is of the Lords institution and so precisely to be kept holy dayes are but an Ecclesiasticall constitituon and therefore not in the observation to bee made equall to the other 3. Difference to be made in the obseruatiō of the Lords day and other holy dayes the rest upon the Lords day doth simply bind in conscience as all the commandements of God doe the rest of holy dayes doth not simply bind in conscience in respect of the thing commanded but as we are bound in conscience to obey our governours in all lawfull things for there is but one lawgiuer which is able to saue and to destroy Iam. 4. 12. 4. the constitutions of the Church haue observed this difference making greater restraint of labour upon the Lords day then upon other festivals upon the Lords day all ruralia opera works of husbandrie are forbidden Cabilonens c. 18. itinerari cum caballis to travel with horse or oxen Aurelian 3. 27. to keep Fairs or Markets upon the Lords day Coloni part 9. c. 10. no courts or pleas then to be holden Tarraconens c. 4. no dansing or playes or shewes to bee used Mogunt c. 61. All these canons and many more provide onely or chiefly pro diebus dominicis for the Lords dayes Argu. 3. That liberty which God hath given to worke six daies ought not where Exod. 20. 6 there is no urgent necessity to be restrained especially where there is a necessity to labour for where necessity requireth wee deny not but a day of cessation may be enioyned upon the worke dayes as when a generall day of fast or of thanksgiving is proclaimed yet even upon these daies necessary labours are excepted But the rest of holy daies is upon no necessity yea many pore men working a crash for necessity haue been fetched to the Courts and forced to pay large fees Ergo it impugneth the liberty which God hath given and so is unlawfull as it is
urged Arg. 4. This rest upon holy daies ministreth occasion of idlenesse haunting of Alehouses unlawfull gaming which are twice so offensiue as working Men keep them as the Israelites kept holy daies They ate they drunke and rose up to play Exod. 32. 6. As Ambrose speaketh of the Gentiles feasts Vides quomodo convivia sua adornent festa annuntient sed pijs mentibus infestiora sunt Yee see how they adorne Epist 4. their feasts and proclaime their festivals offensiue to all good mindes c. Ergo this streight urging of holy daies rest as ministring occasion of evill ought to bee qualified if not abolished Arg. 5. It is more lawfull by the lawe to worke upon holy daies then for Iudges Cod. lib. 3. tit 12. leg 2 Theodes to keepe Courts and heare suits The Imperiall commandeth omnes Iudices cessent that all Iudges should cease upon the Lords day but it permitteth ut agrorum culturae inserviant that they may follow husbandry upon that day Yet for this wee cite not the Imperiall but onely to shew the difference of these two workes But upon all holy daies in terme time excepting foure viz. the Ascension Iohn Baptist All Saints and the Purification the Iudges keepe their Courts in Westminster Hall Ergo as well by the civill Law may Countrey men follow their rurall workes Arg. 6. VVe will lastly shew the practise of the Church for liberty of working upon holy daies Gregorie 1. calleth them predicatores Antichristi preachers and Prophets of Antichrist lib. 2. epist 3. decr par 3. dist 3. c. 12. qui die sabbati operari probibent which forbid to work upon saturdayes But so doe the spiritual courts prohibit to work upon that day when it falleth out to be a festivall Leo Anthenius provide onely in their constitutions for the Lords day Nec huius religiosi diei i. dominici otia relaxantes c. and prescribing the rest of this religious day yet we would not haue it spent in filthy pleasures and the law gives a reason calling the dominical daies dies festos maiestati altissimae dedicatos festiuals dedicated to the highest maiesty whereas the rest were dedicated to Saints Simon Islip Archbi of Canturburie forbiddeth upon paine of excommunication Fox Martir p. 393. that people should not abstain from labour upon certaine Saints dayes which were before consecrate to vnthriftie idlenesse Reformat Ratisp artic 20. in minorib festivitatib c. in the lesse festivals we give libertie after service done for men to go to their work Treverens sub Ioan. c. 10. usque in meridiem in festis dieb seriart volumus c. Wee wil haue mē to keep holy day till none then go to their worke Thus was it decreed in Popery when they had many blind Saints dayes which we obserue not now But as they dispensed with their lesse festivals so among Protestants the rest of the holy dayes which are the least might be released so that in time of divine service labour be forborne Obiections answered Obiect 1. VVOuld they haue men upon such dayes to go to plough and cart Answ to Petition p. 13. Answ 1. Would yee haue them go to dice tables quaffing dauncing as the common use is which is the worse wee pray you Augustine thus saith of the Iewes sabbatizing melius toto die foderent Aug. in Psal 32. par 1. quam saltarent they might better delue all the day then daunce all the day 2. And why might not men be suffered to follow their vocation upon such dayes so it bee not done with contempt of divine service as the reason is given in the Law quia non aptius alio die frumenta sulcis aut vineae scrobuli mandātur it falleth out that no day is fitter to sow corne and set vines in the same Cod. lib. 3. l. 12. leg 3. law also giveth liberty for like workes to be done upon the Lords day But therein it must giue place to Gods law Obiect 2. As some of their humor haue caused their servants to do on the feast day of Christ Answ to petit ibid. Answ This is a most untrue assertion that the petitioners or any like minded to Great vntruth them haue caused their servants to go to plough or cart upō that day 2. VVe make great difference between the holy dayes consecrated to the honour of Christ and the other which are memorials of men VVhich difference both the Imperiall and Ecclesiasticall lawes obserue Cod. lib. 3. tit 12. leg 7. all the Saints dayes are omitted onely the Lords daye with the festivals of Christ his nativitie circumcision the Epiphanie are decreed to bee holy dayes So likewise Concil Agathens c. 94. cited Caus 7. qu. 1. c. 29. VVherefore O most noble King 1. seing holy dayes of Saints might be altogether spared 2. and that difference between them and the Lords day should be observed 3 seeing poore men are forced upon necessity to labour upon such dayes 4. Idle and unthrifty persons are occasioned by such play dayes to do evill 5. seing the practise of the honorable Courts allow it 6. lawes and cannos haue decreed it It may please your most excellent Maiesty that your pore subiects be no more vexed and troubled in Ecclesiasticall courts for following their necessarie labours upon holy dayes so it be out of the time of divine service for the sustentation of their families As in time of poperie the poore Saints were troubled for the same as Isabel Tracher was persecuted for working upon an holy day William Wingraue Thomas Haukes for the like That your excellent Maiestie resolue with the Christian Emperour Constantine A nullo c presumi debet ut authoritate sua ferias condiat that none presume by their own authoritie without Gods yours to make such holy dayes to restrain all labour THE DEFENCE OF THE FIRST PART of the petition concerning Church Service ARTIC 1. Of uniformity of doctrine Obiect WHAT imputations are these c. What shamelesse suggestions as though there were no uniformity nor consent of doctrine among us Answ 1. Are our brethren so ignorant that they know not or so wilfull that they will not acknowledge how by diverse both in their preaching and writing opinions haue been taught and defended not having a smattering onely but a rank tast of Popery VVhat say you then to Popish positions Hooker lib. 1 1. p. 60. 61. these positions there is in man naturally that freedom whereby he is apte to take or refuse any particular obiect The like position the Rhemists hold it lieth in man to giue consent holpen also by grace Annot. Apoc. 3. 4. they giue not a full sufficiency or ability but an aptnesse inclination to free-will by nature to consent to any obiect There are works of supererogation that a Hook lib. 2. pag. 122. man may doe more and God approue much more then he commandeth So say the Rhemists the workes
A TRVE MODEST AND IVST DEFENCE OF THE PETITION FOR REFORMATION EXHIBITED TO THE KINGS MOST EXCELLENT MAIESTIE CONTAINING AN ANswere to the Confutation published under the names of some of the Vniversitie of OXFORD Together vvith a full declaration out of the Scriptures and practise of the Primitiue Church of the severall points of the said Petition 2. COR. 13. 8. Wee can doe nothing against the truth but for the truth Hierom. dial advers Pelag. Veritas laborare potest vinci non potest The truth may bee contradicted but it cannot bee conquered Imprinted 1618. TO THE CHRISTIAN READER IF ever Impar congressus gentle Reader were between Combatters iust cause of exceptiue complaint then certainly it is between the Saints and Antichrist in respect of outward worldly helpes and that as well in the lesser skirmishes as in the greater battels For in both the Saints do enter the lists and hold out the conflict upon very many no small disadvantages as may most easily appeare to any that with indifferent iudgement shall to omit all others weigh but even these particulars ensuing 1 Our adversaries that striue for the defence of the Romish trash which the Divell and that Man of Sinne hath left yet among us haue the countenance of worldly authority whereas it fareth with us as with the maine of the Gospell in the dayes of our Lord himselfe Ioh. 7. 48. Haue any of the Rulers beleeved on him 2 Their cause being received by tradition from our Forefathers that lived in blindnesse hath the applause generally of all naturall men Ours because it is so hardly discerned is scarcely received by the children of Wisedom and is every where spoken against Act. 28. 22. 3 They abound in outward wealth We poore 4 They haue great store of witty and learned men to defend their cause we are in number few and of those few very many timorous and fearefull of ensuing dangers 5 The Authours of their pleadings richly rewarded with some Bishopricke Deanerie or other fat Benefice Wee deprived and cast out of our livings and liuelihoods if wee bee discovered yea clapped up into prison if the Prelates lay hold on us 6 They men of glorious state and pompe in the world wee are esteemed as were the Apostles 1. Corinth 4. 13. Even the off-scouring of all things 7 They haue leasure enough to invent and publish what they think meet to say for their defence Wee must first labour for food and rayment for our selues and ours and then take some stollen houres now and then to do what we do this way 8 To them the Presses are alwayes open and free But to us they are more then shut For it is not safe for us once so much as to suffer the Printers to know that wee haue any such Coppy to bee printed 9 The Stationers at home are ready to giue them large moneyes for their copies and so undertake the printing and publsihing thereof We must at our great charge and hazard hire the printing of ours in some other Land 10 Open sale in every Booke-sellers shop is free for them Ours if they be taken by the Bishops are burnt or otherwise utterly suppressed 11. They haue sundry lothsome prisons at their command whereinto they shut us up even untill we dye sometimes when by arguments they are not able to confute us We haue onely bodies so to be afflicted by them and sure arguments unanswered 12 They are in their owne causes both parties and Iudges and we without helpe by any appeale to any other then the Lord Iesus must at their pleasures abide their censures 13 Their threed-bare Allegations of mans writings is accounted deep and ancient learning but our avouching the most cleare evidence of the written word of the Ancient of dayes is reckoned ignorant noveltie 14 We challenge them to try it out in the open field by dint of the sword of the Spirit witnesse the Modest offer of Cōference the Humble Motion c. and yet are blamed they are praised though they utterly refuse this way of triall and warre against us onely with carnall weapons as Suspensions Deprivations Imprisonments c. 15 Threatned dangers make men afraid to read our bookes though never so secretly conveyed unto them Theirs all may most freely read openly and that with thanks and commendations Now by reason of these and sundry such like disadvantaging hinderances this ensuing Treatise hath lien hid as many other the like still doe never like to see the light for want of meanes of publishing them about 14. yeares For in the yeare of our Lord 1608. certaine Oxford men having gotten into their hands a Copy of a dutfull and pious supplication prepared to be exhibited to his Maiesty for Reformation of certain corruptions crept into our Churches or rather left in them by Antichrist at his extrusion forthwith published the same in print together with an answer thereto such as it is defending and maintaining all or most of the sayd corruptions so intended to bee petitioned against and that in the name of the Vice-chancellor the Doctors both the Proctors and other the Heads of houses in the Vniversitie of Oxford avouching it to bee agreeable undoubtedly to the ioynt and uniforme opinion of all the Deanes and Chapiters and all other the learned and obedient Cleargie in the Church of England and to bee confirmed by the expresse consent of the Vniversitie of Cambridge although many of them both Doctors and Heads of Houses in either Vniversity and members of Chapiters otherwhere in the Land and also many more of the obedient Clergie were openly knowne to be of contrary iudgement unto them in the particulars mentioned in the Petition and by these men defended and most of the residue never saw nor once heard of the answer untill it was published in print Such was their boldnesse Not long after some of the chiefest Ministers that were interessed in the same Petition penned this discourse following in defence of the said Petition and reply to the aboue mentioned Answer which hath been obscured from that time till now partly for the reasons aboue rehearsed and partly because such is the woefull coldnesse of these back-sliding dayes that even those which seemed heretofore most forward for Church-reformation are so declined that they like not so much as to heare of that that may in any sort once seeme to threaten the least hinderance of their worldly profit or disquiet to their carnall peace be it never so healthfull to their soules Insomuch that they are so farre from being aiding and assisting to Christ in this his cause either by labour or cost that when bookes are printed in defence thereof for their information and instruction they either neglect to buy the same or having bought them cast them aside into some hole or corner never vouchsafing to peruse them yet Wisedom is iustified of her children and some enter the gate of life be it never so straight and walk in the Lords way be
quomodo securus abis qui gregi tibi commisso omnem de se securitatem aufers c. How Epist 4. canst thou bee secure being absent when thy flocke cannot be safe or secure who shall comfort them in their tribulations provide for them in their tentations quid facient novellae plantationes Christi c. What shall the tender plants do set with thy hand who shall dig and dung theÌ„ about hedge them in prune them c. these duties it is impossible for non-residents to performe 8. That is not to bee suffered which bringeth apparant perill and danger to the flocke but this doth the absence of the Pastor when the shepheard is absent the wolfe commeth to devoure Ezek. 34. 5. they were scattered without a sheepheard and were devoured of all the beast of the field So Ambrose saith lupi explorant pastoris absentiam quia praesentibus pastoribus oves Christi incursare non possunt The wolues do wait for the pastors absence for while they are present they cannot invade the sheep of Christ Lib. 7. in Luc. 9. Non-Residencie doth lay an heavy burthen upon the pastors themselues God will require the sheep at the sheepheards hand Ezech. 34. 10. and if the watchman warne not the people When the sword commeth God will require their bloud at the watch mans hand Ezek. 33. 6. So Hierome well saith detrimentum pecoris ignominia Hier. ad Huriam pastoris the losse of the flocke shall bee a shame and confusion of face to negligent sheepheards 10. Wee will in the last place adioyne the consent and practise of the Church against The constitutions of the Church against non residentes Non-Residents First the Canons haue limited the time of the Pastors absence si intra sex menses non redierit c. If he that is Non-Resident returne not within six moneths hee must bee depriued Innocen 3. Greg. 3. 4. 11. Qui infra proximum mensem c. Hee that refuseth to be resident within one month let him bee deprived Synod Hildeshemen c. 16. But the ancient Canons giue not so much liberty Episcopus per tres Dominicos c. The Bishop must not bee absent aboue 3. Lords dayes from his Church Sardic c. 4. Oportet eos qui persunt Ecclesiis c. they which are set over Churches ought every day but especially the Lords day to teach the people precepts of Godlinesse out of the Scriptures Tertull. c. 9. Secondly the Canons punish such Pastors as are absent from their flockes he that returneth not to his Church oportet communione privari must bee put from the Communion Antiochen c. 17. as it is alleadged distinct 92. c 7. Et qui receperit amittat c. he that will not be resident let him leese that which he received and he that gaue it be deprived of his gift Later sub Alex. 3. c. 13 Thirdly Non-Residents are deprived of all priviledges or benefit of law Qui Ecclesiae non deservierit c. he that attendeth not upoÌ„ his Church must be deprived sublato impedimento appellationis without having any remedy by appeale Decr. Greg. 3 4. 6. non obstantibê° indulgentijs Apostol revoces eas ad residentiaÌ„ c. notwithstanding indulgence Apostolicall call them home to their Churches Decr. Greg. 3. 4. 16. 4ly Gratian the Empr. made a Law that advocates chosen to any place of government in their country should not extra eam evagari wander abrood from the charge Cod. l. 2. tit 7. leg 2. And Iustinian decreed that advocates aboue 3. yeares absent from the citty should lose their priviledge ibid. ti 8. l. 7. much more is the residence of Pastors required in their Churches who haue cure of souls if their presence be so necessary that haue charge onely of mens bodies and goods Obiections Answered 1. Obiect Many haue two parishes committed unto them which both will not make one living Answ 1. It were better the pastors should want maintenance then that many soules should perish for want of instruction 2. where the Church hath not maintenance inough of it selfe it is not helped by accepting of another for that Minister which is the others substitute is in want still so the parson is provyded for but neyther the place nor the people 3. in this case prouision may bee otherwise made for mayntenance then by pluralities as by disposing otherwise of impropriate tithes that such as are not yet improved might bee demised for the old rent to the incumbent preacher such as are improved should bee taxed with a convenient portion issuing forth to the preacher as also Churches may bee vnited for the same end which vniting is by the Canons allowed in 4. cases 1. for the paucity and fewnes of the people quae minus In what cases Churches may bee vnited decem mancipia habeat alijs coniungatur Ecclesijs Toletan 16. can 4. 2 propter vicinitatem loci for the neerenesse of the place as Gregory did vnite Cumanam Micenatem Ecclesias Vicinitas loci nos inuitat caus 17. qu. 1. c. 48. 3. When any Church is vasted or decayed post quam hostilis impietas diuersarum ciuitatum vastauit Ecclesias caus 16. qu. 1. c. 49. 4. si ita fuerint tenues in substantia If they bee so small in substance that they are not able to mayntayne the proper pastor Greg. 1. 14. 4. 4. This obiection helpeth not them that possesse many and rich benefices who are not driuen to haue pluralities of necessity but of an ambitious and covetous mynd and superfluity 2. Object Many haue but one parish c. which would require two or ten men to speak at once c. Answ Neither doth it follow because some parishes are large and haue many Chappels which would require two or ten men c. that therefore a man may be as well non resident in diverse Parishes 1. the one is a non residence necessary it being but one parish by the law the other voluntary the Chappels are united for neerenesse of place and want of sufficient maintenance but some haue Churches far distant which each of them would suffice for the Pastors sustentation therefore the reason is not alike 2. Such What course should be taken with large parishes large Parishes might without any inconvenience bee devided as large Diocesses haue been shared into diverse as the Bishopricke of Tholouse was devided into fiue Extravag com lib. 7. tit 2. cap. 5. And heere in England the Diocesse of Ely and Oxford were taken out of Lincolne So also large Parishes might safely be apportioned into more Propter nimiam distantiam Ecclesiae c. For the great distance of the Church a new may bee builded in the parish and a certaine portion of maintenance bee allotted This liberty Alexanber the third granted in his rescript to the Arch Bishop of Yorke Decret Greg. lib. 3. tit 48. cap. 3. 3. Or else he that is Rector of the Mother Church ought